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HomeMy WebLinkAboutLANDSCAPE WEST MANAGEMENT SERVICES, INC. (12) INSURANCE ON FILE WORK MAY PROCLL5 A-2025-189 UNI;i a).,_ r- F '� CITY CLLRF DAi!_: NOV 2 5 202kGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC. (P-0 FOR LITTER, DEBRIS, AND ENCAMPMENT REMOVAL SERVICES THIS AGREEMENT is made and entered into on this 4th day of November,2025 by and between Landscape West Management Services,Inc.,a California corporation,("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("City"). RECITALS A. The City issued a Request for Proposal No. 25-116 ("RFP"), by which the City sought a contractor having skill and knowledge in the field of litter, debris, and encampment removal services related to the encampment delegated maintenance agreement with the Califomia Department of Transportation (Agreement #A-2025-141). The RFP is referenced herein as if incorporated in full. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services to the City as described in the scope of work that was included in the RFP. D. In undertaking the perfornnance 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation -Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed$400,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to Page 1 of 8 deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above through June 30, 2027, unless terminated earlier in accordance with Section 16,below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance"projects. If the services being performed are part of an applicable "public works"or"maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in Page 2 of 8 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Insurance requirements are attached hereto as Exhibit C. 8. INDEMNIFICATION Contractor agrees to defend, 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 death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City,regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created Page 3 of 8 pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description Page 4 of 8 of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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,the terms and conditions hereof, shall not bind or obligate Contractor or 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 is not embodied herein. 15. 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. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of Page 5 of 8 termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy. No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana Page 6 of 8 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-23) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Landscape West Management Services, Inc. Attn: Michael Garibay, President 1234 N. Blue Gum St. ,Anaheim, CA 92806 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 fax, 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned .represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully ,set forth in the body of this Agreement. [signature page to follow] Page 7 of 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA AN �1 Jennife Ha Alvaro Nunez City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Kyle;Nellesen Michael Garibay Assistant City Attorney President RECOMMENDED FOR APPROVAL: wynauysis�eae,,n�dr n�. Rodolfo Rosas .�5 Oaf 21125.FV20 7424.27-07'U9' Rodolfo Rosas, F.E. Acting Executive Director Public Works Agency Page 8 of 8 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor/Consultant shall perform services as set forth below. I. TYPES OF SERVICES 1. GENERAL Services and work to be performed by awarded Contractor shall consist of, but not be limited to, the following areas adjacent to State Highways 55, 5 and 22 freeways in the City of Santa Ana: 1. Removal and disposal of debris/rubbish, including: a) Trees, cut brush, dead trees, tree limbs, and similar materials, b) Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c) Concrete, asphalt, bricks or other construction debris, d) Garbage, litter, cardboard, metal cans, glass,feces,fruit/vegetable matter, 2. Hand sweeping (or blowing) of streets, sidewalks and similar areas. 3. The Contractor shall dispose of all trash and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. 4. At no time is the Contractor permitted to use the City dumpsters. All rubbish and garbage shall be removed from the property and disposed at a City authorized disposal site. A list of disposal sites, including the name of facilities and addresses, to be used by Contractor shall be provided to City upon award of contract. 5. All sidewalks, parkways, and gutters in front of or adjacent to lots with abutting curbs and sidewalks shall be cleaned of all weeds, trash, rubbish, and noxious growth. 6. Erosion control wattles (devices made of straw or wood) installed around the perimeter of fenced properties, shall be removed to allow for proper cleaning along the interior and exterior of the fence line. Once cleaning is completed, Contractor shall replace wattles along the interior perimeter of the lot or as directed to by Projects Manager. 7. Sufficient inspection will be provided but not such as will substitute for supervision of the work by the Contractor or his foreman. 8. At the completion of the work, the site shall be left in a clean condition by utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or other similar site conditions. 9. Daily work must be documented using an electronic device (mobile phone, tablet or similar) and uploaded to City's work order system (MySantaAna App or Similar) City of Santa Ana RFP 25-116 Page 20 of 60 f CITY OF SANTA ANA 10. Daily work/routes and schedules will be assigned by City Staff. 11. Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment(PPE), such as face mask respirator(N-95), gloves, coverall suits, trash bags and the skills and training required to perform all services listed above. 12. Contractor shall furnish all Signs used for handling traffic control during the course of this contracts and 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 warning devices are used during the work shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. 2. TRANSIENT AND HOMELESS ENCAMPMENT CLEAN-UP 1. Contractor shall remove abandoned transient/homeless encampments that may include, but not be limited to tents,soiled clothing,blankets, human feces, hypodermic needles, and items listed above. 2. Contractor shall remove unwanted natural or environmental materials including, but not limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 3. Contractor may be assigned to work alongside Local Law Enforcement (Santa Ana Police Department and California Highway Patrol). 4. Contractor shall be required to report transient occupied Homeless Encampments on City and Caltrans properties to Project Manager. 3. AS-NEEDED WEED AND DEBRIS REMOVAL AND LOT CLEANING — CREW LABORER 1. Additional as-needed crew laborer services may be requested by the City and will be compensated at the regular hourly rate as per appropriate bid line item pricing. 2. City will issue a work order request for such work to be performed. 3. These services include, but are not limited to the services listed in Section 1. il. WORK ORDERS, ASSIGNMENTS, AND SCHEDULE Work shall be assigned by the City Projects Manager(or Inspector or other City Designated Person) and shall be on an As-Needed or on a Set Schedule basis, subject to budget appropriation availability and changes by the Projects Manager. Work hours and staffing may be increased or decreased based on funding availability. The Projects Manager will work with the Contractor to prepare the most effective and productive schedules and work assignments. Crew Unit Size(s)will vary based on task and assignment and as determined between Projects Manager and Contractor.Work assignments may vary and may consist of performing weed City of Santa Ana RFP 25-116 Page 21 of 60 CITY OF SANTA ANA abatement or debris/rubbish clean-up or transient and homeless encampment removal or a combination of daily. III. CREW SIZE Contractor shall provide the necessary staff/workers to perform work as specified in this Bid. Contractor must have the ability to provide the necessary workers based on the amount AS-NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall perform the assigned tasks with the following: 1. Three(3) Laborers 1. Laborer: Performs the necessary tasks to complete the required services. a) At minimum, one laborer must be English-sj king-who is fully trained and knowledgeable in all aspects of these requirements. b) Equipped with a working, fully charged, capable of taking and sending photos and emails, cellular phone, to enable immediate contact with the City Projects Manager. c) Ability to effectively communicate in verbal and written form in order to solve daily problems. 2. Perform the work assigned by City staff on an AS-NEEDED and SET SCHEDULED basis. 3. Provide the necessary labor, materials and equipment to remove litter and debris from all under/over passes, on/off ramps, sidewalk areas, planters, and embankments. 4. Contractor shall provide an Administrative Customer Service Representative knowledgeable of the Contract requirements, to efficiently answer all City questions/inquiries. The Customer Service Representatives shall be available during Regular Business Hours to assist City with administrative matters and if necessary, placement of work orders, follow-ups,and any other areas requiring assistance. Contractor must provide a Customer Service point of contact for after-hours and urgent requests. Iv. GENERAL I. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on Caltrans over/under passes, on/off ramps, City streets, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. 2. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 3. Delivering and Staging of Equipment and Materials City of Santa Ana RFP 25-116 Page 22 of 60 CITY OF SANTA ANA 1. Materials, supplies, and equipment needed for this project must be stored at Contractor's premises and at Contractor's expense, unless otherwise agreed upon by the Projects Manager. 2. Remove all materials, tools and equipment from City facilities and or Caltrans property immediately after completion of work. 4. Do not blow or sweep any debris from the landscaped areas and/or hard surfaces into the parking lots, onto private property, storm drains or public streets. 5. Notify the City Projects Manager immediately regarding scheduled work that may be delayed or missed, provide reasons why the work schedule cannot be maintained (beyond the Contractor's control), and submit a revised work schedule for review and consideration. V. CONTRACT PERFORMANCE REQUIREMENTS 1. Contractor shall document all location/stops each day with smarlphone app provided by City. No less than 4 sites per 8-hourwork day. Any deviations from this requirement must be brought up to the City Projects Manager and agreed upon by City prior to any work commencing. 2. Quality Assurance Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of work, materials, and techniques specified. Contractor shall perform all work according to all current applicable codes, industry-standards, and to the highest quality commensurate with required work 1. Ensure that all work is done only by experienced and professional personnel arriving at the project site(s) as scheduled and all work is performed in a skillful and workmanlike manner. 2. All services shall be subject to the inspection and approval of City either by Projects Manager or designee prior to acceptance and approval for payment. 3. Compliance with Laws: 1. It shall be the Contractor's responsibility to attain the appropriate Contractor License Requirement if applicable. 2. Contractor shall perform all work performed in connection to this project in full compliance with all applicable standards, laws, statutes, restrictions, ordinances, requirements, rules and regulations of municipal, state, county and federal agencies applicable to the services provided. VI. REMOVAL AND DISPOSAL OF DEBRIS 1. Contractor shall remove and dispose of all litter, and debris generated during the performance of this contract from the worm areas the same day it is generated. 2. Disposal locations will be privately owned or debris transfer stations. City of Santa Ana RFP 25-116 Page 23 of 60 k"t CITY OF SANTA ANA Note: ONLY when authorized by the City, the use of the City Municipal Corporate Yard location will be allowed for the disposal of litter and debris generated under this agreement and will be at no charge to the City. 3. Amount of debris/rubbish must be documented and required as part of each work order in order to include the total amount of debris/rubbish collected on monthly invoicing." 4. All debris, excess material, and parts, including those materials that could inflict injury (e.g., nails, wire, wood, etc.), shall be cleaned up continuously as work progresses and removed at the completion of the job and/or at the end of each work day. VII. EQUIPMENT Contractor shall furnish all labor, equipment, materials (including trash bags), tools, services, and special skills required to perform debris/rubbish and weed abatement removal services and other related services as set forth in these specifications and in keeping with the highest standards of quality and performance. Contractor shall ensure that all equipment, materials, supplies, and consumables meet or exceed all applicable manufacturer's published specifications and industry standards corresponding to required work as specified herein. The Contractor shall perform all work necessary to complete the provisions of this contract in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials, supplies, supervision and labor necessary to complete the work. It is mandatory that the equipment and tools identified below be readily available. Stake bed — Minimum ten (10) cubic yard stake beds or dump truck with ability to be loaded by loader and back hoe. *Required daily., contractor will be responsible to provide 1. appropriate number of stake bed trucks based on crew size, location and job assignment. 2. Lawnmowers—available if needed 3. Weed eaters 4. Blowers 5. Hedge trimmers 6. Chain saws 7. Edgers 8. Shovels 9. Scoop shovels 10. Rakes 11. Loppers 12. Tree pole saws— available if needed 13. Hedge shears 14. Long handled hoes 15. Pitch forks 16. Traffic cones or delineators 17. Wheelbarrows 18. Push brooms 19. Pressure Washer - available if needed City of Santa Ana RFP 25-116 Page 24 of 60 (9) CITY OF SANTA ANA VIII. MAINTENANCE FUNCTION CHECKLIST AND REPORTS 1. Weekly Report: 1. Due Monday of every week, including a Daily Attendance Sign-In Sheet with signatures of each laborer with the hours worked and start and end times and specifies the work performed; date performed; and labor, materials and supplies used, and amount of trash and debris collected (measurement method to be agreed upon). 2. Contents: Ensure that the report contains all the required and approved content, which may include, but not limited to: a) Description of work completed b) Materials and Equipment used, such as Loader or Back Floe 3. Ensure that all reports are submitted prior to submission of the monthly invoice, otherwise payment will be withheld, unless a change is agreed upon by the City. 4. Monthly payment will not be made until reports are received by City. 2. Production Reports 1. Shall be emailed to City each month by the seventh day. 2. These reports will include the amount of trash and debris removed and disposed and disposal sites utilized. 3. Documentation—As Requested by the City 1. Digital Photo Sampler Report a) Take before-and-after photos of items, areas, or incidents that Contractor responds to as specified by City. b) Maintain these photos electronically and make them available for inspection by City at any time. c) Identify photos by location, description, etc. before or after, date and time of photo taken with timestamp. IX. CONTRACTOR EMPLOYEES AND UNIFORMS 1. Contractor Laborer Employees City of Santa Ana RFP 25-116 Page 25 of 60 i CITY OF SANTA ANA 1. Ensure that all Contractor employees performing work in conjunction with this service are always courteous, professional, competent, and do not cause any undue disturbances. 2. Contractor staff shall be responsive only to the requests of the Projects Manager or designee. Contractor staff shall direct all inquiries to Projects Manager or designee. 3. Remove any employee who is determined by City to be incompetent, working inefficiently, disorderly, intemperate, or otherwise objectionable immediately removed from work under this agreement and replace with a satisfactory replacement. 4. Contractor staff and representative shall maintain the highest level of professional standards in uniforms, politeness, and interaction with the public and City personnel. Contractor staff must present a neat, well-groomed appearance at all times. 5. Perform the work while minimizing disturbance to the citizens, residences, and businesses. £. Workers must have basic knowledge, experience, skills, and abilities in general labor, custodial maintenance, landscaping maintenance,cleaning,trash handling, landscape care, and street safety procedures to perform the scope of work requirements in accordance with the bid specifications at all times. Workers who do not demonstrate these capabilities shall be replaced at the request of the City. 2. Uniform and Safety Vests a. Contractor shall provide and maintain uniforms for all Contractor employees under this contract at Contractor expense. b. Uniforms must bear Contractor's company name or other acceptable designation type approved by the Projects Manager. c. Uniforms must be maintained in a clean and neat order with no rips, tears, or permanent stains present and worn as a complete unit and be fitted properly d. Must wear appropriate safety vest or safety color shirt at all times while working for the City. X. RECORDS AND INVOICING Before removing litter, debris/rubbish and/or garbage, the Contractor will photograph the property as is necessary to show all, debris/rubbish and/or garbage to be removed or to be abated. The Manager may also take photographs prior to work commencing. The Projects Manager will keep an accurate record of all properties cleaned by the Contractor and if any controversy shall arise as to locations cleaned by the Contractor, the decision of the Projects Manager will be final. City of Santa Ana RFP 25-116 Page 26 of 60 'r CITY OF SANTA ANA Contractor shall prepare a monthly written invoice for amount of hour's worked, a listing of each location cleaned by Work Order Number and total amount debris/rubbish disposed of by tonnage. Invoices are to be submitted on the first day of each month, or as deemed necessary by the Projects Manager. Contractor shall email all invoices to: MSlnvoices aasanta-ana.orc XI. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for the protection of public and private property adjacent to the work and shall repair or replace all existing improvements, which are damaged or removed as a result of his operations if said existing improvements are not designated for removal. XII. WORK HOURS Contractor's regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m., Monday through Friday. The schedule shall be provided by the Projects Manager. Deviation from these hours/days shall not be permitted without the prior consent or direction of the Projects Manager except for emergencies involving immediate hazard to persons or property and per the Santa Ana Municipal Code. Occasionally, Contractor will be assigned work that will deviate from the established work hours and will require Contractor to be available and work alternative hours during early morning hours, late night, overnight, and weekends. Projects Manager will work with Contractor to provide as much lead time as possible. XIII. EMERGENCY INFORMATION The names,addresses and telephone numbers of Contractor and subcontractors, or their representatives, shall be filed with the City prior to beginning work. XIV. RESPONSE TIMES 1. Routine Routine: 48-hour response or sooner to site from time of contact for anything that needs attention prior to the next maintenance cycle, but has no immediate cost or threat of loss. 2. Contractor shall respond to City Staff within one (1) hour of notification during normal work hours. XV. WORK BY CITY FORCES DUE TO CONTRACTOR NONCONFORMANCE Should the Contractor fail to correct deficiencies of public nuisances that have been created because of his operations, then these will be considered to be of an emergency nature and City of Santa Ana RFP 25-116 Page 27 of 60 CITY OF SANTA ANA cause for the City to move in on the work site to make corrective work.Such work will be done on a force account basis with an additional callout charge of$75 for each callout. It should also be noted that there is a minimum two-hour charge for labor on any callout. XVI. SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and staff where applicable, comply with all safety standards related to personal protective equipment (PPE) required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies. XVII. ENVIRONMENTAL CONDITIONS 1. Comply with all applicable local, state, federal regulations and requirements. 2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law. 3. Supply, if necessary, a trash container,for non-hazardous materials only. 4. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless the Projects Manager otherwise allows. 5. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff. XVIII. TRAFFIC CONTROL All traffic control (if required) shall conform to the requirements of the latest edition of the "Work Area Traffic Control Handbook" (WATCH, City Standard Plan 1125F (SP1125F), the Manual on Uniform Traffic Control Devices (MUTCD), the current MUTCD California Supplement and these Special Provisions. 1. The Contractor shall maintain at least one open traffic lane in each direction at all time on all streets. Flagmen shall be required when directed by the City. 2. During non-working hours, all lanes shall be opened to traffic. 3. Flashing arrow boards shall be required on arterial streets. Deviation from this requirement will be subject to approval from the Traffic Engineer. 4. Traffic control plans must be submitted and approved before starting work on any public street, except for the following temporary closures: a. Temporary single lane closure on 4 or 6-lane arterials may be done per WATCH without submitting atraffic control plan. However, this will require approval from the Traffic Engineer. b. Temporary closure of local streets may be done per WATCH without submitting traffic control plans. However, this will require approval from the Traffic Engineer. XIX. SAFETY PROGRAM REQUIREMENTS Work Site Safety shall be as defined by the Standard Specifications and these special provisions: City of Santa Ana RFP 25-116 Page 28 of 60 "r CITY OF SANTA ANA The Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specification: a. The Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or herjob. b. The Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. c. The Contractor, their employees and subcontractors shall follow all safety rules and safe work practices. d. The Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work. e. The Contractor is solely responsible for the legal disposal of hazardous waste generated in performance of their work. Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work xx. COMMUNICATIONS Contractor shall provide his crew with a cellular phone to allow direct communication with City staff at Contractor's expense. The City shall require contract staff to utilize a technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City's Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City. Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work performed. City of Santa Ana RFP 25-116 Page 29 of 60 (9) CITY OF SANTA ANA XXI. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. XXII. AUDIT REQUIREMENTS City reserves the right to periodically inspect and audit Contractor's accounting procedures and supporting documentation in conjunction with the performance of the Scope of Services. 1. City will notify Contractor in writing of any such requested audit. 2. City will inspect and audit in a reasonable manner. 3. Contractor must fully cooperate with any such audits). 4. City will notify Contractor in writing of any exception taken as a result of an audit. 5. If an audit, in accordance with this article, discloses overcharges(of any nature) by Contractor to City of the value of that portion of the Agreement that was audited, the actual cost of City's audit shall be reimbursed to City by Contractor. XXIII. CONTRACT TERMINATION The City reserves the right to terminate 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 bid proposal. 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. XXIV. WORK DELAYS AND LIQUIDATED DAMAGES 1. Agree to liquidated damages as specified in the table when delays, etc. are within the control of, or could have been anticipated by, Contractor. 2. Note that exceptions may be made by the Projects Manager when unforeseeable circumstances arise and are clearly beyond the control of or could not have been anticipated by Contractor that may cause delays or no work to be performed or completed. The Projects Manager may grant an extension in time equivalent to the exact number of working days that were caused by the unforeseen circumstance. 3. To ensure that Contractor performs all of the required work and by the time required per bid specifications, City will assess liquidated damages (Liquidated Damages Table) for work performance deficiencies. 4. City will notify Contractor in writing and/or email each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct City Of Santa Ana RPP 25-116 Page 30 of 60 J . CITY OF SANTA ANA any deficiencies within three business days, the City may exercise the following measures: 1. Deduct from Contract's payment amount the required to correct deficiency or the Liquidated Damage amount. 2. Utilize City forces or alternate means to correct deficiency and deduct from Contractor's invoice cost including City overhead. 5. City has the sole right to waive any liquidated damages without regards to any and all precedents wherein City may have waived past violations. 6. After second recurring violation contractor must meet with the Projects Manager to discuss deficiency issues and a subsequent correction notice will be issued. TABLE: LIQUIDATED DAMAGES # VIOLATION AMOUNT F2. Failure to perform required/scheduled work by being late, not attending $100.00 per Occurrence to scheduled work or inability to provide requested number of workers ore ui ment as scheduled or re uested. Failure to meet, respond or answer to Emergency response $100.00 per Occurrence requirements. 3. Failure to meet, respond or answer to Routine response requirements. $100.00 per Occurrence 4. Failure to meet Contract Performance Requirements of not $200.00 per Occurrence removing significant amount of weeds and debris generated by crews, from work site same day per requirements, unless authorized by Projects Manager. 5. Blowing or sweeping debris onto non-work area, private property, $200.00 per Occurrence public streets, parking lots or into storm drains and not removing. 6. Failure of Contract lead worker or Supervisor (or designated person) $100.00 per Occurrence to return phone calls to City within time frame. 7. Failure to provide reports, schedules and other deliverables without $100.00 per Occurrence notice and agreement by Projects Manager. S. Safety violation and/or failure by Contractor to comply with the most $100.00 per Occurrence current Work Area Traffic Control Handbook (W.A.T.C.H.) XXV. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the contractor. Contact City Staff prior to ordering. Signage Type and Material Shall Be: City of Santa Ana RFP 25-116 Page 31 of 60 "T CITY OF SANTA ANA Plastic with Magnetic Backing. Painted on Vehicle or similar(Taped Signs Not allowed), Such Signage Shall State: Authorized Contractor City of Santa Ana Public Works Agency and Name of Contractor and Contractor Telephone Number Signage Letter Minimum Size or as allowed by City Staff: 2-Inches for: Authorized Contractor City of Santa Ana Public Works Agency 1-inch for all other information City of Santa Ana RFP 25-116 Page 32 of 60 EXHIBIT B COMPENSATION Page 16 LANDSCAPE WEST X-lanagu nwr it Serviucs,Inc. CITY OF SANTA ANA ATTACHMENT A r PROPOSER`S CERTIFIGATt+ON,PROPOSAL PRICING LITTER,DEBRIS AkO ENCAMPMENT REMOVAL SERVICES ITtM ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE r Marnitrsn-e Grew-Laborer 1 TOTAL BASE AMo�t NT rITfM 1t $ '^TF AWAPP IMI t OE RA.:. Ann:T1()NA1 A.r%-NFFnFn nFRRIS ANn nisPDRAI eFi:;;Ir;f e 2. Debris and Disposal Charges ILA PFR TON � •sva� r:.-•1'i r alson- •' if tha a AM oved Lvxkwl"rtb wd pry b"terms"c on Mxm d the Requost Ict -tarniWd 00 ScgW d Uroicss(E1rh"1)and am gtAWed to pravida e+eev+cos bev'-. ., - I 'ed heroin. 1 urde m&W one aWm OW I wn rvspore&W for Ism- any engrs,vines Aa4 4u JwwvparKi"so the C.dy 4w clladlpllorl prior W W*Wwn**4n of my PmPo" PROPOSERS STATEWNT; I hove rood. Lkno rsEaod wo agme to etr Own Ind aorldlMortm an am paps d the Raquart for Prapmals. L)pan raquesi. I wil YarWar erxl doWw gooft Gr aanA4=to eve Oily in ecowdenm w+0 weld LW"and oorwWns 1uPAS+:+rx.ttllistn rwf+rrlitr+tlpl.On eT14"M-#7a; [P1t}�p-iT04 LEGAL NAME 1,]F t;OMPAW PHONE AND FAX WWI=Its 1214 N afire.Gr.m st An*wo-CA!:KA / U �1 prlw1Awr PRINTED NMIE OF ALIIHORIZED AGENT TTTL` 1234 North Blue Gum St.Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705 EXHIBIT C INSURANCE REQUIREMENTS Insurance Requirements—Exhibit C Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council,its officers,officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. Insurance Requirements—Exhibit C 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency,20 Civic Center Plaza,M-21, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. LANDWES-02 KCORDILL ACC7Rr0� CERTIFICATE OF LIABILITY INSURANCE DATE 14/2IY 1014/2025 �--r� 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Co TACT Kelly Cordill High Ground Insurance Services PHONE FAX 2377 Crenshaw Blvd.,Suite 304 Arc,No,Ext: Arc,No Torrance,CA 9D501 E- AI .kcordill uniteda encies.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:GEMINI INSURANCE COMPANY 012118 INSURED INSURER B;National Speci.aity Ins Co Landscape West Mgmt Svcs,Inc. INSURER C:Crum &Forster Specialty Ins. 44520 1234 North Blue Gum Street INSURER D:Safety National 15105 Anaheim,CA 92806 INSURER E:Century Surety Company 36951 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE WVDADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRA X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [X] OCCUR X X VCGPD33780 4/112026 4/1/2026 DAMAGE TO REccurre ce $ 300,000 MED FXP(Any oneperson) 5,000 PERSONAL&ADV INJURY $ 11000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY lil ni LOC PRODUCTS-COMPIOP AGO 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANYAUTO GM1097601 4f112025 4/1/2026 BODILY INJURY Per erson _$ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED Ix NON-OWNED ROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C+ UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE SE0137296 4/112025 4/1/2026 AGGREGATE 21000,000 DED RETENTION$ D WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY FR ANY PROPRIETORIPARTNFRIEXECU I[VE Y X 4503-0363 10111I2025 10111I2D26 1,000,000 OFFICERIMEMBER EXCLUDED? NIA E.L.EACH ACCIDENT _ (Mandatory In HHI E.L.DISEASE-EA EMPLOYEE 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Property CGP1302834 41112025 4/1/2026 Property 232,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:Right of Way and Median Landscape Maintenance Services RFP#19-016 City of Santa Ana,it's Officers,Employees,Agents,Volunteers and Representatives are included as Additional Insured In respects to General Liability arising out of work operations performed by or on behalf of Contractor including materials,parts,and equipment furnished in connection with such work or operations and automobiles owned,leased,hired,or borrowed by or on behalf of Contractor when required by written contract per policy form SDS 6 01 19. This coverage is Primary and Non-Contributory.Waiver Subrogation is included per policy form.Ten(10)days prior written notice for non-payment and Thirty (30)days prior written notice for policy cancellation shall be provided to City. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division Attn:Arturo Rodriguez 220 S Daisy M-85 AUTHORIZED REPRESENTATIVE Santa Ana,CA 92703 A ACORD 25(2016/03) Q 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LANDWES-02 KCORDILL ,d►coRO CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 12/3/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kelly Cordill NAME: High Ground Insurance Services PHONE FAX 2377 Crenshaw Blvd.,Suite 304 (A/C,No,Ext): (A/C,No): Torrance,CA 90501 E-MAIL kcordill@unitedagencies.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:GEMINI INSURANCE COMPANY 012118 INSURED INSURER B:National Speciality Ins Co 012273 Landscape West Mgmt Svcs,Inc. INSURER C:Crum& Forster Specialty Ins. 44520 1234 North Blue Gum Street INSURER D:SafetyNational 15105 Anaheim,CA 92806 INSURER E:CenturySurety Company 36951 INSURER F: James River Insurance Co 012604 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR VCGP033780 4/1/2025 4/1/2026 rl DAMAGE TO RENTED 300,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 71 PEA LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X X GM1097601 4/1/2025 4/1/2026 BODILY INJURY Perperson) $ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LAB CLAIMS-MADE X SE0137295 4/1/2025 4/1/2026 AGGREGATE $ 2,000,000 DED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER 4503-0363 10/11/2025 10/11/2026 1,000,000 ANY PROPRIETOR/ R/EXECUTIVE ❑ E.L.EACH ACCIDENT $ EXCLU OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Property CCP1302834 4/1/2025 4/1/2026 Property 232,000 F Excess Liability($3,000,000 layer) BR211981-03 12/3/202 4/1/2026 Excess Liability $ 3,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) re:Right of Way-FREEWAY ON&OFF RAMP City of Santa Ana,it's Officers,Employees,Agents,Volunteers and Representatives are included as Additional Insured in respects to General Liability arising out of work operations performed by or on behalf of Contractor including materials,parts,and equipment furnished in connection with such work or operations and automobiles owned,leased,hired,or borrowed by or on behalf of Contractor when required by written contract per policy form.This coverage is Primary and Non-Contributory.Waiver Subrogation is included per policy form.Ten(10)days prior written notice for non-payment and Thirty(30)days prior written notice for policy cancellation shall be provided to City. Tu Tran Digitally signed by Tu Tran Nguyen Nguyen 121721-08008 APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 12:16 pm, Dec 08, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 S Daisy Ave Santa Ana,CA 92703 AUTHORIZED REPRESENTATIVE �V ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: VCGP033780 CG 20 12 12 19 Insured Name: Landscape West Mgmt Svcs, Inc. Number: 33 Effective Date:04/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule State Or Governmental Agency Or Subdivision Or Political Subdivision: Any qualifying entity when you have agreed in a written and executed contract, prior to an "occurrence", that such qualifying entity be added as an additional insured on your policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or governmental agency or subdivision or political a. "Bodily injury", "property damage" or subdivision shown in the Schedule, subject to "personal and advertising injury" arising the following provisions: out of operations performed for the 1. This insurance applies only with respect to federal government, state or operations performed by you or on your municipality; or behalf for which the state or governmental b. "Bodily injury" or "property damage" agency or subdivision or political subdivision included within the "products-completed has issued a permit or authorization. operations hazard". However: B. With respect to the insurance afforded to these a. The insurance afforded to such additional additional insureds, the following is added to Section III —Limits Of Insurance: insured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the most b. If coverage provided the additional we will pay on behalf of the additional insured is insured is required byy a contract or the amount of insurance: agreement, the insurance afforded to such additional insured will not be 1. Required by the contract or agreement; or broader than that which you are required 2. Available under the applicable limits of by the contract or agreement to provide insurance; for such additional insured. whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Pagel of 2 All other terms and conditions of this Policy remain unchanged. CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 Policy Number: VCGP033780 CG 20 37 12 19 Insured Name: Landscape West Mgmt Svcs, Inc. Number: 35 Effective Date: 04/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Location And Description Of Or Organization(s) Completed Operations Any person or organization when you have agreed in All locations and completed operations for a written and executed contract, prior to an which you have agreed in a written and "occurrence", that such person or organization be executed contract prior to an "occurrence." added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured is described in the Schedule of this endorsement the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All other terms and conditions of this Policy remain unchanged. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: VCGP033780 CG 24 04 12 19 Insured Name: Landscape West Mgmt Svcs, Inc. Number: 36 Effective Date: 04/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an "occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: VCGP033780 VE 09 73 04 20 Insured Name: Landscape West Mgmt Svcs, Inc. Number: 41 Effective Date: 04/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if: (1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured. Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain unchanged. VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission 0456 00 0113 (XWC) ENDORSEMENT BLANKET WAIVER OF SUBROGATION Effective 12:01 A.M., Local Time, January 01, 2025 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed that the Recovery From Others section of this Agreement is amended to include the following additional language: The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom the EMPLOYER performs work under a written contract that requires the EMPLOYER to obtain this agreement from the CORPORATION. All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4067949, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CALIFORNIA CONTRACTORS NETWORK, INC., ET AL, dated January 01, 2025. Endorsement No. 0456 00 0113 (XWC) SAFETY NATIONAL CASUALTY CORPORATION President Secretary