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HomeMy WebLinkAbout25H - LANDSCAPE SA ZOO CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 2, 2008 TITLE: APPROVED AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ,C2wt~~f" CI MANAGE FILE NUMBER RECOMMENDED ACTION Authorize the Ci ty Manager and Clerk of the Council to execute the attached agreement with Vista Del Verde Landscape, Inc. to provide landscape maintenance services for a one-year term, in an annual amount not to exceed $112,720 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Communi ty Services Agency is responsible for the landscape maintenance at all City parks as well as the Santa Ana Zoo at Prentice Park. The maintenance includes mowing and edging of turf, pruning and trimming of trees and shrubs, removal and control of weeds and plant diseases and pests, plant irrigation, and the maintenance and repair of irrigation systems. The Zoo's current landscape contract expires on September 30, 2008. On August 5, 2008, the Parks, Recreation, and Community Services Agency requested proposals from four companies currently providing landscape services in City Parks. On August 11, 2008, the Agency received the following four proposals for landscape maintenance services at the Zoo: Company Annual Cost Vista Del Verde Landscape $102,720 Master's Landscape $120,960 Valley Crest Landscape $124,500 Merchant's Landscape $130,800 25H-1 Agreement for Landscape Maintenance Services for the Santa Ana Zoo at Prentice Park September 2, 2008 Page 2 The proposed agreement includes a $10,000 contingency for extra work and unforeseen emergencies. Vista Del Verde currently maintains 12 sections of bike trails, six park locations, and several City properties, including the Regional Transportation Center and Newhope Branch Library, and is performing well at these locations. FISCAL IMPACT Funds are available in the Park Maintenance account (no. 11-250-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ,JJ6 (;/~fA ~-/~ J~ranci~co G~tierrez, O--Executlve Dlrector Finance and Management Services Agency ~Ger do Mouet, ~-' Exe tive Director Park , Recreation and Community Services Agency (7..~~ 25H-2 Page 1 of8 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of September, 2008 by Vista Del Verde Landscape, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide landscape maintenance services for the Santa Ana Zoo at Prentice Park, as set forth in Exhibit A attached hereto, which incorporates "Santa Ana Zoo Landscape & Grounds Maintenance Specifications 8-05-08" and Contractor's Proposal dated August 8, 2008. 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. The total charged for monthly routine maintenance shall be $8,560.00. An additional $10,000 contingency is available for unanticipated expenses, which shall be authorized in writing executed by the Executive Director of Parks, Recreation and Community Services or his designated representative. The total sum to be expended under this Agreement shall not exceed $112,720.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on October 1, 2008 and terminate on September 30, 2009 unless terminated earlier in accordance with Section 12, below. 25H-3 Page 2 of8 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 B 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. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 25H-4 Page 3 of8 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 ofthis Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason ofthe 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. 7. 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 oflike 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. 25H-5 Page 4 of 8 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 made in writing and shall be deemed to be properly given if delivered in person or mailed by first class mail 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: Vista Del Verde Landscape, Inc. Mr. Robert Johnson 30316 Esperanza Avenue Rancho Santa Margarita, California 92688 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25H-6 Page 5 of8 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 terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 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 a. Either party may terminate this Agreement, without penalty for cause immediately, or without cause 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 condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed, and/or forfeiture for any delay from non-performance 2) directing the work be accomplished by either City employees or another contractor, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. c. If Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance and forfeiture for non-completion per schedule totals five percent (5%) of the total contract price, the City will put Contractor under 'notice of non-compliance'. If Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non-performance and forfeiture for non-completion per schedule totals ten percent (10%) of the total contract price, the contract is subject to cancellation at the City option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse City for damage accrued by changing contractors. 25H-7 Page 60f8 d. If Contractor fails to meet the specifications of this Agreement for a period of 15 cumulative days, the City may at its option, terminate the balance of this contract by written notice of termination to Contractor. Notice of such termination shall take effect 15 days after such notice is mailed. 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 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 is specifically required to have and maintain both a State License C-27 and a City of Santa Ana business license. Contractor shall notify the City immediately and in writing of its 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 ofthis 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. II II II II 25H-8 Page 7 of8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney VISTA DEL VERDE LANDSCAPE, INC. ROBERT S. JOHNSON President Tax ID# 25H-9 ~ VISTA DEL VERDE LANDSCAPE. INC. August 11, 2008 To: Mr. Mike Lopez, PARKS, RECREATION AND COMMUNITY SERVICES AGENCY Fr: Robert S. Johnson, Vista Del Verde Landscape, Inc. Re: City of Santa Ana Zoo - Landscape Maintenance Bid Dear Mike, Please find enclosed our bid proposal for landscape maintenance for the Zoo per the bid information you provided us at the bid meeting and the two addendums you e-mailed to us. We appreciate the opportunity to provide landscape maintenance service for the City of Santa Ana's Zoo. Should you have any questions regarding this bid, please do not hesitate to call our office. /{t 30316 Esperanza, Rancho Santa Margarita. California 92688 . Phone 949.713.5800 . Fax 949.713.5801 25H-10 i~ ... ~ } A , ,1 ADDENDUM NO.2 REQUEST FOR BIDS FOR PROVIDING LANDSCAPE AND GROUNDS MAINTENANCE AT SANTA ANA ZOO Rf'ff'rf'ncf' Santa Ana Zoo Landscapf' & Gmunds Maintenance Specifications 8-05-08 Datt' Dut': . . .., - .. . Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to Santa Ana Zoo Landscape & Grounds Maintenance Specifications 8-05-08. This addendum shall become a part of the original Request for Proposal due by 2:00 p.m. on August 11,2008. This addendum is provided in response to questions asked at Friday, August 8, 2008 VIa telephone. 1. Special Provisions, Item 4. BONDS, 1) shall be eliminated as follows: 1. BONDS Each bid ml:lst be accompanied by cash, a cashier's or certified check payable to the City of Santa /\na, or a bid bond, for an amount not less than ten percent (10%) oftlle aggregate of the bid, 3S :l gU:lr:lntce th:lt the bidder will enter into the proposed contr:lct if the same is rewarded to him. f.ny bid submitted '...,ithout any of the above shall not be considered. 2. Cost for Contractor providing landscape and grounds maintenance at the Santa Ana Zoo for up to 12 months: $ gjS-bO, 00 per month $102, 7;"o'Or.Iper year V($IJ} DIiL V(fi~l)";- L-A-~L)5M~':Jd ,iNe.. 3031"- iZkpelfo IE' S ?~,2/}JV z. A $R'JU"(A /h AL'Z. GA 1'1 .,11 I eA q:;1.'~&, ;!(t;1: ROBtil~1 n~~, vttN/ 25H-11 <<st. 'lJ,( l'eme ~I IlIc. 30316 EsperIIlZI RIndlo s.,ta Marpri... CA 92688 12) The Contractor shall not be responsible fDr graffiti removal/over painting of park buildings, park 'Nalls, or picnic shelters above the tOR foot height (10'). Furthermore, the Contractor shall not be responsible far graffiti removal an natural surfaces (concrete or other masonry surfaces that do not have a graffiti coating). 4. Section II ROUTINE MAINTENANCE, H. GENERAL MAINTENANCE AND CLEAN UP, Shall be revised to read as follows: 1) The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris at all work sites and dispose of it in a lawful manner. at the Ccmtractor's expense daily. 2) All trash and debris shall be removed from all 'Norksites disposed of daily. 5. Section II ROUTINE MAINTENANCE, A. TURF CARE, item 7) b. Replanting shall be revised to read as follows: a. The Contractor, at his expense, shall on a continuous basis overseed any bare. thin and/or sparsely covered areas in the turf in order to keep the turf 100% covered at all times. Contractor agrees to repeat overseeding until! 00% germination/coverage is achieved. 6. Attachment: Valley Crest Fertilization Plan 08, See Attached 7. Add Alternative Bid for Contractor providing all Hand Watering $ J /+Lf 0.00 per month 8. Add Bid Costs as follows: $ 17, .2..So.oo per year SECIALIZED SERVICES - A. Labor Hourly Wa2e 1 Landscape Lead Worker $ :2..~. 00 2 Landscape Maintenance Worker $ J q. 00 3 Lead Tree Trimmer $ /.I.i{". 0 0 4 Tree Trimmer $ 3 5".00 5 Irrigation Specialist (as specified) $ 3b".OD 6 Irrigation Assistant $ 30 . c;>c> 7 QAC Pesticide Operator $ "s.oo 8 Pesticide Assistant Operator $ ~o.oO Total (1-8)$ ;1..1/ . 00 2 25H-12 'VISta 'J),['Verae LanifscapeJ /I/c. 30316 [speranza Rancho Santa Marprita. CA 92688 B. MateriallE ui ment Purchases 1 Contractor's wholesale cost plus Yc, c. Dum Fees I Green Waste 2 ormal Trash 3 Heavy debris (requiring low boy) Per Ton Total 2 D. Specialized Maintenance (includes labor, equipment, materials Turf fertilization using 21-4-4 @ I # actual nitrogen per 1,000 sf Turf fertilization using 39-0-0 Lesco @ 1# actual nitrogen er 1,000 sf Turf fertilization using 21-4-4 @ 2# actual nitrogen per 1,000 sf Turf fertilization using 39-0-0 Lesco @ 2# actual nitrogen er 1,000 sf Turf aeration using tractor driven drum aerator Turf renovation/over seeding using Lesco Eagle brand erennial e orass with 95% ermination Soil amendment by applying soil buster Per Acre $ 3~ it . 0 C> .. .) $ $ b::>,oo tf 7 h . 2.. L.{ 03-S,00 A.o6 ./ go( 's~ 38'(.00 /, S E. Plantin I 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 I gallon tree/shrub 7 Flat of groundcover 8 4" flat of annual cover $ $ $ $ $ $ $ $ Total (1-8)$ -.00 4 S ecial Maintenance Install 2" thick decomposed granite to planter beds 3 25H-13 Vista 'Del Verde Lantfscape, J lie. 30316 EspeqlllZll Rancho Santa Margarita. CA 92688 2 Install 2" thick mulch in planter beds $ 4f{. ()O I 'if). "' $ .) 4 $ 5 $ Total (1-5) $ 4 25H-14 Page 1 of 41 LANDSCAPE MAINTENANCE CONTRACT SPECIAL PROVISIONS 1. DEFINITIONS The use of the word "Director" shall be construed to mean the Executive Director of Parks, Recreation & Community Services ortheir designated representative(s). The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by him and working under this contract. The use of the word "pruning" shall include the practices sometimes referred to as "trimming". The use of the word "weed" shall be understood to mean any undesirable or misplaced plant. 2. PERIOD OF AGREEMENT The contractor shall perform all work under this contract over a period of twelve (12) months, subject to extension or termination as described below. 3. BID REQUIREMENT Prior to contract award, any bidder may be required at any time to demonstrate to the Director that he can successfully perform maintenance work of the type involved in this contract and that he possesses suitable equipment to perform the work. 4. BONDS Each bid must be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is rewarded to him. Any bid submitted without any of the above shall not be considered. The successful bidder will be required to obtain and submit to the City two surety bonds. These bonds are: 1 . "Payment Bond" for not less than 100 percent of the contract price. 2. "Faithful Performance Bond" for not less than 100 percent of the contract price. 25H-15 Pagfi 2 of 41 5. FUNCTIONS AND RESPONSIBILITIES A. Director The Director shall have the authority to accepUreject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the p~rfonnance of the work or completion per schedule is determined to be sub- standard, he may: 1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; 2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Director shall decide all questions, which may arise as to the manner of perfonnance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by altemate sources. B. Contractor (1) Review of Job Site The Contractor shall be held responsible for carefully reviewing the site and verifying all areas of work, prior to bid submittal. (2) Local Office The Contractor shall maintain a local office with a competent representative that can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. A local office is one that can be reached by telephone without it being a toll call. An answering service or mobile telephone shall not fulfill the requirement for a local office. Contractor will not be allowed to store equipment or materials at any contracted area without written permission from the Director. In addition, the Contractor shall have the capability to . receive and respond to emergency calls as specified under routine maintenance in the landscape maintenance specifications. (3) Submittals The Contractor shall submit to the Director at the beginning of work: 1) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the Zoo; 3) names and titles of all persons working on the project; and, 4) materials and/or chemicals to be used on the project for approval. All submittals shall be periodically up-dated as necessary. The Director shall be immediately notified of any changes to the above inform-aHon. 25H-16 Page 3 of 41 (4) Uniformslldentification The Contractor shall provide to all field personnel a standard uniform including but not limited to a company hat, collared work shirt properly marked with company identification, uniform pants, and ANSI approved safety shoes. All vehicles and equipment on the project site shall also be in presentable condition and have the company's name clearly identified on both doors. (5) Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C-27 and a City of Santa Ana Business License. (6) Compliance with the Law The Contractor agrees that its performance under the contract shall comply with all applicable laws of the United States of America, the State of Califomia, the County of Orange, the City of Santa Ana, and any other body having jurisdiction over the activities of the contractor. 6. RESPONSIBILITY FOR WORK The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 7. FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that when the performance of the work or completion per schedule is determined to be sub-standard or unsatisfactory the Director will: (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; and, (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. In addition the City will charge the Contractor ~ for each item in the specification they fail to complete. {"os -3Go' B. If the Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance and forfeiture for non-completion per schedule totals five (5) percent of the total contract price, the City will put the Co-ntractor under notice of non...compliance.lftheContraetor ... 25H-17 PageA of 41 , continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non-performance and forfeiture for non-completion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the "City" option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors. 8. CONTRACT TERMINATION The City or the Contractor reserves the right to terminate the contract, without penalty, for cause immediately or without cause after 30 days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the purchase order form. a) If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may at its option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect 15 days after such notice is mailed. 9. SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contract or when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 10. UNDERGROUND Underground Alert Systems must be notified 48-hours in advance prior to commencing work that involves digging underground. This notification is required for each location. The telephone number is 1-800-422-4133. 11. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately mitigated then reported to the Parks, Recreation & Community Services Agency. 12. PROPERTY DAMAGE Any damage to utility lines that occurs shall be immediately reported to the utility company this is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 25H-18 Page 5 of41 13. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. 14. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense. 15. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor will contact the Director. 16. MISCELLANEOUS TRAFFIC DEVICES Signs used for handling traffic during the course of this project shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 17. METHOD OF PAYMENT/MONTHLY REPORTS The Contractor will be paid monthly, in arrears for work performed satisfactorily under this contract. By the first of each month the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. Reports shall consist of: 1) employee weekly work schedule and location by crew type;; 2) pesticide use report for Agricultural Commissioner's Office; 3) fertilization report including manufacturer, N- P-K percentages, weight by bag, type of landscape applied (turf, groundcover/shrub or trees), and number of bags of fertilizer applied ; 5) upcoming projects/work; and, (NOTE CITY TO PROVIDE GREEN WASTE CONTAINER ON SITE AND PERFORM ANNUAL GREEN WASTE REPORT). This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become the basis for payment. 25H-19 Page; 6 of 41 18. WATER COST The City shall bear the costs for water used in the sites covered by this contract as billed on the regular monthly invoices by the City of Santa Ana Finance and Management Services. The Contractor shall be responsible for managing the amount of water applied to the contract areas. Should the amount of water applied exceed the monthly EWA then the Contractor shall be responsible for the cost of water that exceeded the EW A. 19. APPRENTICESHIP STANDARDS Where required under law, the prime contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 20. WORKER'S COMPENSATION INSURANCE CERTIFICATIONS A. During performance hereunder, and entirely at CONTRACTOR's sole expense, CONTRACTOR shall procure and maintain the following insurance, which shall be full coverage insurance not subject to self-insurance provisions. CONTRACTOR shall not, of its own initiative cause such insurance to be canceled or materially changed during the course of the herein Agreement. (1) Workers' Compensation Insurance: Within limits established and required by the State of California. (2) Employer's Liability with a limit of $2,000,000. (3) Comprehensive General Liability to include Completed Operations, Contractual, Independent Contractors and Personal Injury, and Automobile Liability, including all auto; with at least the following combined limits of liability: (a) Primary Bodily Injury Liability limits of $2,000,000 per occurrence. (b) Primary Property Damage Liability limits of $2,000,000 per occurrence. (c) Primary Bodily Injury and Property Damage Liability combined single limit of $2,000,000 is preferred. B. Prior to commencement of any work hereof, CONTRACTOR shall furnish to the City PurChaSing Manager a Certification of Insurance which shall certify CONTRACTOR's insurance policies provide: (1) 'The City of Santa Ana, its officers, employees, agents, and representatives are named as additional insured" on Comprehensive General Liability and Automobile Liability insurance with respect to performance hereunder. 25H-20 Page 7 of 4] (2) The coverage shall be primary and noncontributory as to any other insurance with respect to performance hereunder; and (3) Thirty (30) days prior written notice of cancellation or material change is given to City. C. Occurrence, as used herein, means any event, or related exposure to conditions, which result in bodily injury or property damage. 21. SUBCONTRACTORS 1. Desiqnation of Subcontractors In accordance with the provisions of Section 4100 and subsequent section of the Govemment Code conceming the Subletting and Subcontracting Fair Practices Act, bids on public contracts and for all work except the construction, improvement, or repair of streets or highways and bridges shall include a listing of all subcontractors who will perform work or labor or render service to the prime contractor's total bid. This requirement for the listing of subcontractors also extends to that portion of street or highway work involving street lighting and traffic signals as noted in Section 4100.5. The portion of work, which will be done by each such subcontractor, must be listed and only one such subcontractor shall be listed for each portion. 2. Bidders Note Carefully Should this contract include work, which requires the listing of subcontractors as above referenced, this listing must be provided with the bid on the enclosed sheet(s). If the bidder fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the bidder's total bid, he agrees to perform that portion himself. The successful bidder shall not, without the written consent of the City: (a) Substitute any person or firm as subcontractor in place of the subcontractor designated in the original bid. (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid. (c) Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one-half of one percent of the total bid and a subcontractor was not designated for the work in the original bid. 25H-21 Page.80f41 GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 1. SCOPE OF WORK The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, transportation, , fertilizers, pesticides, chemicals and other items needed to do groundsllandscape maintenance work as directed herein. The Contractor is expected to continuously improve upon the appearance of the landscaped areas. The Contractor shall provide complete groundsllandscape maintenance of all work sites, including, but not limited to pruning, 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; tot-lot maintenance; removing trash and debris and, other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in excellent condition with horticulturally accepted standards for growth, color, and appearance (Horticulturally accepted standards shall be determined by the Director). A. Schedulinq of Work 1) The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The Director may grant, on an individual basis, permission to perform maintenance at other hours. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Director prior the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the Director immediately. 2) The Contractor shall conduct the work at all times in a manner, which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the Djrector at least five (5) working days in advance of . performing these operations. B. Work Force 1) The Contractor shall insure that all work under this agreement is supervised by Contractor employed supervisory personnel who possess a Bachelor of Science degree in Omamental Horticulture, Landscape Architecture, Landscape & Irrigation Technology or any other related science degree. The Supervisor shall also possess management skills required to implement modern methods and newly developed management horticultural procedures and/or practices. 25H-22 Page 9 of 41 The Contractor's Supervisor shall accompany the Director on weekly inspection tours of the Zoo. During the tour the Contractor's Supervisor shall communicate to the Director what work was completed the previous week, what changes were made or are being contemplated for the future and what work is scheduled for the upcoming week and month. 2) 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, repairs, modifications, etc. Should the Contractor have or staff Irrigation Specialists with equal or greater educational qualifications they may appeal to the Director for approval (see Exhibit D). Any Contractor staff that does not meet this criteria who is discovered working on irrigation will be immediately stopped and the Contractor agrees to pay a $150.00 penalty per occurrence. 4) The Contractor shall insure that fully qualified, experienced personnel, directly employed by the Contractor, perform all work under this agreement. 5) The Contractor shall be responsible for the skills, methods, appearance and action of Contractor's employees and for all work done. The Contractor's employees shall be U.S. Citizens or legal residents. 6) The Contractor shall perform the work provided for in this contract under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 7) The Contractor shall remove from the contracted work sites any employee who is found objectionable to the Director. C. Material 1) The Contractor shall submit a list to the Director all materials that the Contractor proposes to use in the execution of this work. The list shall include Material Safety Data Sheets or any other chemical analysis where applicable, recommended usage and any other pertinent data by the manufacturer of the material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. 2) The following shall apply to the material indicated: a. Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. 25H-23 Page 10 of41 b. Pesticides including but not limited to: Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. c. Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site or as specified by the Director. d. The Director shall of a size; condition and variety specify replacement trees, shrubs, ground cover, and other plants. e. The Director prior to planting shall inspect replacement plant materials. f. The Director shall determine replacement lawn sod. D. Recvclinq All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be landfilled unless the Director gives prior authorization. The City shall provide green waste containers on the Zoo grounds for the Contractor to dispose of green waste generated from his work (at the Zoo). In addition, the City shall monitor the amount of green waste recycled and report to the State of California in their annual report detailing the annual tonnage of green wasted collected at the Zoo over a year's period. II. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed on the work site depicted in Exhibit A. A. TURF CARE All turf within this agreement is considered priority turf and shall be maintained to the highest industry standards. 1) Mowing a. All turf shall be mowed weekly with mulching mowers. Should the mulching mowers leave behind grass clippings the Contractor shall collect and dispose of the grass clippings immediately upon request. b. All turf shall be cut to a height appropriate for the type of grass being mowed as determined by the Director. Note that the Director may direCt the Contractorto mow the Ipriority turf areas lower if 25H-24 Page II of4I he/she feels it will benefit the City. The Contractor shall mow turf with new or just sharpened mower blades and maintain mowers so that they to provide a smooth, even cut without the ridges or depressions and without tearing of the leaf blades. 2) Edging and Detailing a. McClains edgers or approved equal shall edge adjacent to all improved surfaces shall edge all turf and, where no improved surface exists, turf edges shall be maintained with string trimmers. Edging shall be performed weekly, or more frequently if desired by the Contractor. Following each edging, all edging debris shall be removed. b. All turf growing adjacent to irrigation hardware, string trimmer and/or chemicals to a maximum of twelve (12) inches in all directions of said objects shall neatly detail tree trunks, or any other landscape amenity. 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. 3) Fertilization/Soil Amending a. Turf shall soil tested once per year by an approved soil testing laboratory. One soil sample shall be taken within each 5 acres of turf area. The test will be comprehensive and provide written recommendations of how to improve the soil and overall health of the turf. All turf will be fertilized eight (8) times per year per the Valley Crest Landscape Management "Agronomic Plan 2008" (see attached) using a complete or approved fertilizer. The rate of application shall be one (1) pound of actual nitrogen per 1,000 square feet. The Director may request proof of fertilizer application in the form of empty fertilizer bags. 4) Irrigating a. Turf areas shall be appropriately watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Should the Contractor believe they would need to apply additional water above and beyond the monthly EW A he shall request approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget. b. Wherever or at any time that an irrigation system does not adequately cover the turf area in which it is installed, (fails) including but not limited tocoritroller failure, valve failure, etc., the 25H-25 Page lL of 41 Contractor is responsible for providing supplemental irrigation by semi-automatically or manually running the irrigation systems. Should the Contractor not respond to signs of turf stress immediately the Director may dispatch his own staff at the expense of the Contractor. c. 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 EAW (Estimated Applied Water). The cost for exceeding EAW will be deducted from the Contractor's monthly payment. 5) Overseeding a. Each year, all priority turf areas shall be overseeded with Lesco Eagle Blend perennial rye grass or approved equal at the rate of not less than seven (7) pounds per 1,000 square feet. Seed shall be unifonnly broadcast, with care taken to not broadcast in non-turf area. b. Contractor shall guarantee 95% germination of seed using the most modem horticultural practices. Failure to germinate the seed to the Director's satisfaction will result in the Contractor redoing the work or forfeiting the cost of performing this work or the City may elect to hire another contractor to perform the work and deduct the cost from the Contractor's monthly invoice(s). 6) Pre-emergents a. The Contractor shall apply approved pre-emergent herbicides to all turf areas in order to control the germination of noxius weeds such as but not limited to Dallis Grass, Goose Grass, Crab Grass, Nutsedge etc. 7) Replanting a. The Contractor shall resod all turf lost due to the Contractor's negligence, as detennined by.the Director. b. The Contractor, at his expense shall overseed any bare areas in the turf in order to keep the turf 100% covered at all times. B. GROUND COVER CARE 1) Edging and Detailing a. Ground cover beds shall be maintained within their intended bounds, and edged or detailed a minimum of every two (2) weeks or more often to keep the beds looking manicured at all times. 25H-26 Page 13 of 41 b. Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets (when applicable). c. Ground cover that has grown beneath and into shrubs shall be detailed not to touch the shrub/tree. 2) Fertilization/Amending a. Each 5 acres of ground cover shall be soil tested once per year by an approved soil testing laboratory. The test will be comprehensive and provide written recommendations of how to improve the soil. All ground cover will be fertilized eight (8) times per year per the Valley Crest Landscape Management "Agronomic Plan 2008" (see attached). The rate of application shall be one (2) pound of actual nitrogen per 1,000 square feet. The Director may request proof of fertilizer application in the form of empty fertilizer bags. 3) Cultivation or Mulch a. All bare soil or open areas shall be either cultivated every two (2) weeks or covered by a minimum of two (2) inches of mulch. Mulch material shall be Black Forest mulch or approved equal by the Director. 4) Irrigating a. All ground cover shall be properly irrigated to maintain a healthy condition. Failure of any portion of the irrigation system will not relieve the Contractor if the responsibility to provide appropriate supplemental irrigation to the ground cover. The Contractor shall relieve stress by semi-automatically or manually running the irrigation systems. C. SHRUB CARE 1) Pruning a. All shrubs growing in the work areas shall be pruned as requested, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, and view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs or branches shall be made clean with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their nonnal growth characteristics except box hedging may be required on some shrubs, as designated by the Director. Shear hedging or severe pruning of plants, unless authorized by the Director, shall 25H-27 Page 14 of41 not be 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 determined by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. This shall be considered routine maintenance and therefore have no extra cost to the City. 2) Fertilization a. All shrubs will be fertilized eight (8) times per year per the Valley Crest Landscape Management "Agronomic Plan 2008" (see attached). The rate of application shall be one (2) pound of actual nitrogen per 1,000 square feet. The Director may request proof of fertilizer application in the form of empty fertilizer bags. Irrigation b. All shrubs shall be properly irrigated to maintain a healthy condition. Failure of any portion of the irrigation system will not relieve the Contractor jf the responsibility to provide appropriate supplemental irrigation. The Contractor shall relieve stress by semi-automatically or manually running the irrigation systems. 3) Replanting a. The contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor's negligence, as determined by the Director. D. TREE CARE 1) The Contractor shall routinely maintain all tees up to a height of fifteen (15) feet in height. a. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is Clas~ I pruned (as outlined in the City of Santa Ana Tree Pruning and Stump Removal Specifications. All work shall be of the highest quality as outlined in Exhibit B). In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is considered undesirable by the Director. Low branches overhanging sidewalks shall be removed to a height of nine (9) feet above grade. Young trees needing pruning, training, and shaping to develop caliper and a strong structural framework shall allow low branching laterals and or appropriate sucker growth to remain on a continuing basis as needed according to the Director. 25H-28 Page 15 of 41 3) Staking, Typing and Guying a. All trees requiring staking shall be securely staked at all times with approved stakes and rubber cinch ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 4) Fertilization a. All trees shall be fertilized using an approved slow release fertilizer a minimum of one (1) time per year. 5) Irrigating a. All trees shall be properly irrigated to maintain a healthy condition. Failure of any portion of the irrigation system will not relieve the Contractor if the responsibility to provide appropriate supplemental irrigation. The Contractor shall relieve stress by semi-automatically or manually running the irrigation systems. General Requirements a. The Contractor shall bring to the attention of the Director within twenty-four (24) hours any tree displaying roots heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard. 6) Replanting a. The Contractor is responsible for regularly and continuously inspecting the trees to assure they are in a healthy growing condition free of damage, pest and disease. The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's negligence, including but not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. Any tree, which was alive at the time this agreement begins, shall survive until the agreement ends. If the tree dies without first being diagnosed by a Certified Arborist with a terminal disease or cause, the Contractor shall be responsible to replace the tree with like species and size. b. Replacement shall be made by the Contractor in the kind and size of trees determined by the-Director. Where there is a difference in 25H-29 Page 160f41 value between the trees lost and the replacement of trees, this difference will be deducted from the Contractor's payment. In all cases, the Director using the latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. E. ANNUAL COLOR All areas having existing annual color shall be maintained per Exhibit C - Annual Color Planting and Maintenance Specification. Annual color shall be rotated four times annually per Exhibit C. F. WEEDS. DISEASE AND PEST CONTROL 1) Weed Control a. All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, asphalt or concrete areas) shall be kept free of weeds at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods. Should weeds two (2) inches or greater not be removed within one (1) week at the request of the Director, the Director will dispatch his own City forces to remove the weeds. The cost for City staff plus the $150.00 call out fee will then be deducted from the Contractor's monthly payment. 2) Disease and Pest Control a. The Contractor shall regularly inspect all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease or insect or agricultural rodent infestation. The Contractor shall advise the Director within four (4) days when a problem exists and what course of action they intend to take to resolve the problem. Upon approval of the Director, the Contractor shall implement approved control measures, following all federal, state, county, and municipal laws, regulations and ordinances required for the approved work at no extra cost to the City. b. Approved control measures shall be continued until the problem is controlled to the satisfaction of the Director. The Contractor shall utilize all safeguards necessary during disease; insect or rodent control operations to ensure safety of the public and the employees of the Contractor. c. Any plant material, which dies without the Contractor's Horticulturist diagnosing the plant and implementing efforts to save the plant, will be considered negligence and, therefore, the Contractor shall 25H-30 Page 17of41 replace the plant with like species and size at no extra cost to the City. G. IRRIGATION SYSTEM MAINTENANCE 1) General Responsibilities a. Irrigation shall be applied by the use of automatic or mechanical irrigation systems. The Contractor shall be responsible for providing appropriate supplemental irrigation when there is a system failure. The Contractor shall relieve stress in a landscape area by semi-automatically or manually running the irrigation systems. b. Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. c. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the Contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Director. 2) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall: a. Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. b. 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. c. Protect the security of City property by keeping controller cabinet and building doors locked at all times. d. Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the Executive Director. e. Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. 3) Water Conservation 25H-31 Pagel8of41 The contractor shall tum off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of EW A. a. When the Director acknowledges the necessity to tum on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours should the Contractor not turn irrigation systems back on, the Director may, at his discretion, elect to activate the controllers with City forces and deduct time plus overhead from the Contractor's monthly invoice. 4) Inspection and Reporting a. The Contractor shall physically inspect (by manual or semi- automatically running the Controller) the operation of all systems one (1) time per month. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments necessary to prevent excessive overspray/runoff into street right-of-ways or other areas not intended to receive irrigation overspray/runoff. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunction due to attrition, vandalism, etc. b. A visual inspection by the Contractor's Irrigation Technician of all irrigated areas shall occur, more often, but not less than one (1 ) time per week. All automated irrigation areas not receiving full coverage shall be irrigated by a portable irrigation method. The contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplemental irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. c. 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. 5) Repairs a. The Contractor shall be responsible for repairs to the irrigation system, from irrigation head to the water meter, when there is a system failure. Should the Director elect to have the Contractor repair any portion of the system from the remote control valve to .-. the Water meter it will be considered extra work and the City will 25H-32 Page 19 of 41 request a proposal (cost bid) from the Contractor to perform the work. The Contractor understands and agrees that the Director will approve in writing any extra work before the Contractor actually performs any work. H. HARDSCAPE MAINTENANCE 1) During each site visit, concrete (including stamped concrete) and asphalt areas, including, driveways, parking areas, sidewalks, PR&CSA roadways, patios shall be checked for hazards and blown clean daily. All expansion joints and cracks are to be maintained free of weeds. Dirt, litter, and other debris must be removed/blown off from all paved areas on a daily basis. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately mitigate hazards, and then report them immediately to the Director. 2) Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise 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 used for cleaning hardscape. 4) Picnic facilities and park benches, including but not limited to picnic tables, benches, concrete pads and shelters shall be maintained in a safe and clean condition. 5) All picnic amenities and park benches shall be service daily to assure that all trash, debris, glass, staples, nails, tape, wire, etc. is removed. 6) All concrete picnic amenities, including but not limited to picnic tables, benches, pads, shelter posts, trash receptacles, shall be power washed with an approved high pressure steam cleaner, being careful not to damage the picnic amenities, once every six (6) months. 7) All wood picnic amenities shall be painted with an approved standard paint as often as necessary to maintain a clean and safe appearance. In addition, should the metal hardware attached to the picnic amenities need painting then the Contractor shall paint the metal hardware as well. 8) All parks with flag poles shall have an American flag flying at all times. The Contractor shall visually inspect the flag daily to assure it is in good condition. Should, in the opinion of the Contractor, the flag not be in a condition worthy of representing our country, he/she shall request from the Director immediately an new flag which the-Co ritracto r -shall hoist uporiu - 25H-33 Page 20 of 41 receiving the new flag from the Director. In addition, should the flag pole, in the opinion of the Director need painting, then the Contractor shall paint the flag pole with an approved paint up to ten feet (10') above the ground. Should the Director wish to have the pole painted higher than the specified ten feet (10') level he/she may request a proposal from the Contractor. 9) All other painted park amenities, including but not limited to signs, light poles, entry gates, bollards, etc. shall be painted as necessary to assure a high quality appearance. All paint colors and product shall be determined by the Director. 10) Drinking fountains shall be clean, sanitized and unplugged daily. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are free of disease, mineral build up, sand and other debris which clogs drains, and that they are polished to the highest quality possible. 11 ) fhe Contractor shall be responsible for daily graffiti removal/over painting of park amenities, inclUding but not limited to picnic benches, park benches, trash receptacles, drinking fountains, poles/posts up to ten feet high (10'), and playground equipment. The Contractor shall also be responsible for removing graffiti from park amenities having a protective )1fElffiti coating and then reapplying an approved graffiti coating. ~) The Contractor shall not be responsible for graffiti removal/over painting of park buildings, park walls, or picnic shelters above the ten foot height (10'). Furthermore, the Contractor shall not be responsible for graffiti removal on natural surfaces (concrete or other masonry surfaces that do not have a graffiti coating). I. PLA YGROUNDrrOT-LOT AREAS 1) The Contractor shall be responsible for the weekly maintenance of all playground/tot-lot sand and rubberized areas to assure soft and debris free fall zones at all times. Maintenance shall include, but not limited to, loosening of compacted areas, regrading sand areas to level condition, (eliminating ruts, depressions, build up areas, etc. that may lessen the' safety of these areas should a fall occur), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds and other undesirable materials. Rubberized fall areas shall be cleaned of sand and debris daily being careful to re-use any sand that accumulates on the rubberized surface. 2) The Contractor shall inspect footings weekly to assure that there is a minimum of 10" of sand cover. 3) Playground equipment shall be inspected weekly to assure safe and operable conditions. Should the Contractor discover an unsafe condition he/she shall contact the Director immediately so the City can make the . 25H-34 Page 21 of41 necessary repairs. Safety conditions the Contractor shall consider during daily inspections are pinch points, sharp edges, lack of sand depth beneath equipment, splintering, loose connections, missing parts, etc. 4) The Contractor shall also inspect weekly playground/tot-lot amenities including but not limited to retaining walls (concrete, rock, wood, etc.), signage, bridges, etc. Should the Contractor find an unsafe condition they shall reported it to the Director immediately who then shall dispatch City forces to repair or correct the unsafe condition. 5) Should the Contractor determine during their weekly safety inspection that a portion of or all of the sand areas have eroded to below 10" in depth they shall notify the Director immediately who then shall take action to provide additional sand. Once the sand is delivered it shall be the Contractor's responsibility to spread the sand evenly over the area. H. GENERAL MAINTENANCE AND CLEAN-UP 1) The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris at all work sites and dispose of it in a lawful manner at the Contractor's expense daily. 2) All trash and debris shall be removed from all worksites daily. 3) 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. 4) After heavy windstorms, the entire area shall be cleaned of litter, fallen branches, etc., which are in excess of normal amounts. 5) The contractor shall keep sidewalks and paved areas in the medians swept and cleaned of any debris, weeds, dirt or soil at all times Drain inlets shall be cleaned on a regular basis to avoid flooding of areas during inclement weather. 6) The Contractor shall maintain drinking fountains in a clean, unplugged and operable condition. The Contractor to the Director for repair shall report any damage to or malfunction of drinking fountains for any cause promptly. a. OTHER REQUIREMENTS 1 ) Replacement of Plant Material a. The Contractor shall notify the Director within four (4) days of the loss of plant material due to any cause. 25H-35 Page 22 of 41 b. The Contractor shall remove trees, shrubs, turf or ground cover, which is damaged or lost due to any cause and provide the City a cost bid to replace the lost plant material unless the plant material was lost due to the Contractor's negligence. If the plant material is lost due to the Contractor's negligence he/she will replace the plant material at his/her cost with the same species and size of the3 existing plant material. The Director will detennine the size lost based upon the maturity of the expired existing plant material. c. In order to ensure maximum healthy growth and overall aesthetic appearance of planting in the work area, it may be desirable to replace certain plants. The Director shall determine the necessity or desirability of such plant replacement and request that the Contractor provide a cost bid. d. The Contractor shall replace, at Contractor's own expense, any turf, ground cover, shrubs, or other plant material requiring replacement through negligence resulting from 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 as identified in Section III (A) EXTRAORDINARY MAINTENANCE, but is to be considered strictly as a normal maintenance condition within accepted practice. It is the intention of the City to require a high level of quality in landscape maintenance compatible with standard practice. 2) New Construction a. Where new construction or redevelopment may involve a significant part of a work site, the Director may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment 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. 3) Inspection a. The Director shall inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the contractor of the duty to provide continuous inspection and maintain name of the work area. The Contractor shall correct discrepancies and deficiencies in the work immediately. 25H-36 Page 23 of 41 4) Emergency Service a. Twenty-four hours per day, seven days per week, the Contractor shall be able to receive and respond to the City's call for emergency service. Response time shall be less than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty-four hours per day, seven days per week. 13) New Maintenance Areas a. Additional routine maintenance may be added to this contract. Payment for add-on maintenance shall be computed on a square foot cost per the bid. 14) Arterial Sidewalk Maintenance a. Contractor shall remove weeds in the sidewalk and/or tree well areas, remove sucker growth on parkway trees, trim vines along walls so as not to allow plant material to impede pedestrian traffic or grown onto sidewalk areas, and remove any debris and trash daily. Contractor shall spray a pre-emergent to discourage future weed growth. III. SPECIAL MAINTENANCE CONSIDERATIONS A. The Santa Ana Zoo animal collection will have a variety of individual requirements regarding the maintenance around exhibits and in the vicinity of Zoo animals. Because exhibits change from time to time the Director will notify the Contractor of any specific maintenance requirements associated with any change in animal exhibits. The Contractor agrees to being flexible by changing maintenance practices and/or schedules as a condition of this agreement. IV. EXTRAORDINARY MAINTENANCE A. The addition of plant material, or the addition or repair of irrigation system equipment (from valve to water meter) with the exception of irrigation heads and lateral lines may be considered extraordinary maintenance if damage or malfunction is mainly caused by any of the following: (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 25H-37 Page 24 of 41 B. Any minor upgrading work or installation, as directed by the Director, shall also be paid to the Contractor as extraordinary. Any extraordinary maintenance requests from the Director shall be confirmed in wiring, accompanied with an estimate of cost within five (5) working days. The Contractor shall contact the Director regarding any extraordinary maintenance work and seek prior approval before the work is scheduled. The Contractor shall call the Director at least four (4) hours in advance before any extraordinary work is commenced. C. City shall pay for such extraordinary maintenance as follows: 1 ) Materials. The City shall pay to the Contractor for materials used in extraordinary maintenance of the Contractor's cost from the supplier plus the percentage specified in the Contractor's bid proposal. All materials and parts shall be new or approved by the Director if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. 2) Direct Labor. Contractor shall present with Contractor's monthly invoice a record of hours spent and locations serviced in extraordinary maintenance. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on the Contractor's bid proposal. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, worker for health and welfare, insurance, workers' compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment 25H-38 Page 25 of 41 EXHIBIT A Routine Maintenance Locations (Includes all landscape and hardscape) SITE LOCATION Santa Ana Zoo In Prentice Park 1700 E. First Street (see map) EXHIBIT "B City of Santa Ana SANTA ANA PARK & RECREATION FACILITIES TREE PRUNING SPECIFICATIONS 25H-39 DESCTIPTION Overview of Specifications, General Requirements.. . ....... .... '" .. Certified Arborist, Specific Tree Pruning Specifications .............. Complete Tree Pruning Specifications ................................. Safety Tree Pruning Specifications ..................................... Power Line Clearance (PLC) Pruning Specifications................ Palm Pruning Specifications...... ....................................... Unacceptable Pruning, Damage to Public or Private Property..... . Public Safety and Cooperation, Site Cleanup, Time Completion.... Payments WithheldlPenalties, Subcontractors, Additions/Deletions, Inspections, Billing, Contractor Qualifications.......... . .. .. . . .. .. . .... ... . . . .. ... . . .... .... . . ... ....... ... Extra Work, Protection of Existing Facilities and Structures.......... Contractor's Staff, Substitutions, Certification of Materials, Contractor neglect, Hours of Operation ........... . . . . . . . . . . . . . . . .. . . . . . Sound Control, Traffic Control, Inquires and Complaints ......... Notification of Locations of Work .... ............. ....... .......... ..... Page 26 of 41 PAGE I 2,3 3,4 4,5 5 1.0 5,6 INTR 6 ODUCTION 7 Trees and other woody plants 8 respond in 9 specific l'pld 10 predictable ways 11 to pruning and 12 other enhance the beauty, structural integrity, and functional values of trees. maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and 25H-40 Page 27 of 41 In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. GENERAL REQUIREMENTS - continued Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/571-4212 Office or 714/231-6112 cell phone. 1.03 CERTIFIED ARBORlST 25H-41 Page 28 of 41 The Contractor shall employee a full-time, permanently certified arbonst, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. SPECIFIC TREE PRUNING SPECIFICATIONS - Continued i. No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, 25H-42 Page 29 of 41 which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. J. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of those dead or living branches as may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 5) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 25H-43 Page 30 of 41 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "bur]". COMPLETE TREE PRUNING SPECIFICATIONS - Continued 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal oflimbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimwn height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. 1. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. J. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot oflines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of those dead or living branches as may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pnmed in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (I6) feet above the paved surface of the street, fifteen (I5) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. 25H-44 Page 3 I of 4 I d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: _ Limbs of weak structure or otherwise hazardous. SAFETY TREE PRUNING SPECIFICATIONS - Continued _ Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. _ Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees N ear Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. 25H-45 Page 32 of 41 a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. PALM PRUNING SPECIFICATIONS - Continued d. Canary Island date palm (Phoenix Canariensis) trunks shaH be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. . e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty- eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they sWill repair such damage in a manner acceptable to the 25H-46 Page 33 of41 City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a 25H-47 Page 34 of 41 safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENAL TIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The SAPRF representative will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 1.16 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business pennit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perfonn the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed inunediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add andlor delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions andlor deletions shall be made at the U?it price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections he required on trees needing additional work, the contractor will be billed for SAPRF staff time. 19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address ( each tree). b. Type of tree. c. Date completed. d. Person completing the job. 25H-48 Page 35of41 c. Location oftree (front, side right, side left, rear) This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS INTERPRETATION The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the SAPRF sole discretion, and the Contractor shall abide by all such interpretations. 2.03 EXTRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: 1. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4. Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. 25H-49 Page 36 of 41 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. PROTECTION OF EXISTING FACILITIES AND STRUCTURES - continued Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.05 CONTRACTOR'S STAFF The Contractor shall provide sufficient persoIlllel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z 13 3.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the superVision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.07 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials 25H-50 Page370f41 not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at hislher cost. 2.08 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. SPECIFICATIONS AND PLANS - continued Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.11 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said mufller. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation-and\vork area 25H-51 Page 38 of41 protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. INQUIRIES AND COMPLAINTS - continued All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative, the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. H:\MLOPEZ\AGREEMENTS CONTRACTS & SPECIFICATIONSISPECIFICATIONS\Tree Pruning Spec's.doc 25H-52 Page 39 of41 EXHIBIT 'e' ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Annual Color PlantinQ 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 planning 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 in the plants to a depth of 5 inches immediately after planning 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 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 25H-53 Page 40 of 41 Vandalism Contractor shall check annual color beds weekly. 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. 25H-54 Page 41 0[41 EXHIBIT '0' FULLERTON COLLEGE HORTICULTURE DEPARTMENT CERTIFICATE OF PROFICIENCY IN LANDSCAPE 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 fram either Restricted Electives A or Restricted Electives B. REQUIRED COURSES Course # Course Name Units 153 154 155 157 162 218 Landscape Irrigation Irrigation Design Soils Irrigation Principles Landscaping for dry Climates Landscape Hydraulics 3 3 3 3 3 3 RESTRICTED ELECTIVES A RESTRICTED ELECTIVES B Course # Course Name Course # Course Name Units Units CG101 Or 100 177 Turfgrass Mgmnt. 200 Landscape Design 219 CAD Applic. in Hort. poadm/mlopezllandscape maintenance contract Architectural Drafting 3 Intra to Residential 2 Elec. &Plumbing sys. Computer Graphics 3 165 168 169L 170 201 Landscape Management 4 Landscape Construction 3 Landscape Construction Lab 1 Landscape Contracting 3 Advanced Landscape Design 3 A100 C06 3 3 3 25H-55 > ~ , o . . o ~ ~ U) c., '.0 U"') r-. r- .- (J) ~::;;~::~;: Z .Q . c; .<: . '~ ii: . l~ E o o .... . ft C ~ iii ~~~o_aootO;:;;:; ~ .. O'l l.l'l O'l (J) CO cO lO ..0 o ... 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"'- NO ~C'j ...... ;oft*- 00 0"' O~ ~O ~~ ro "" 0> _ _N "'... 0'" ~'" u w'" E <0 E.c S E ..:w ;;; o o ~!~ ;;:::8 .,,- ~~ ::., ~~ ~g ~ ~ Cij 25 ~ I. ~~ ~~ .~ ~! ~. o~ ~ <0 <0 g~~ o ~ ~ .t:." " <<"''' :s <0 <0 ~..c:"O oroo '" ! " " iL-.:w:: Page 8 of8 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25H-57 25H-58