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HomeMy WebLinkAboutAGMT - BrightView Landscape Services Inc (City-Wide Landscape Maintenance Services)MAINTENANCE SERVICES AGREEMENT for City -Wide Landscape Maintenance Services between City of Seal Beach 211- 8th Street Seal Beach, CA 90740 P-1- BrightView Landscape Services Inc. 142.0 S. Allec St. Anaheim, CA 92805 (951) 533-4611 This Maintenance Services Agreement ("the Agreement') is made as of September 1, 2023 (the "Effective Date"), by and between BrightView Landscape Services, Inc. ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain landscape maintenance services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals ("RFP") on May 2, 2023, titled "City -Wide Landscape Maintenance :Services." Contractor submitted a proposal dated June 5, 2023 in response to the RFP. C. City desires to engage Contractor to carry out the Services in the manner set forth herein and more fully described in Section 1.0. D. Contractor represents that the principal members of its firm are qualified California licensed contractors (License #266211), and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. E. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those landscape maintenance services (collectively "Services") in the Request for Proposals attached hereto as Exhibit A, Contractor's Proposal attached hereto as Exhibit B, and Labor Law Provisions attached hereto as Exhibit C, all which such exhibits are incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, Exhibit C, and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.. 1.3. In performing this Agreement, 'Contractor shall comply with all applicable provisions of federal, State, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor 2 of 21 hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the Scope of Services to be performed, including all City Facilities, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending; performance of the Services under this Agreement. 1.6. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council as specified in Subsections 3.2 and 3.3. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Tenn 2.1'. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on September 1, 2026, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original'Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from September 1, 2026 through and including September 1, 2027, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from September 1, 2027 through and including September 1, 2028, unless soonerterminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the'City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. In consideration of Contractor's performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the rates shown on 3 of 21 the bid schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not -to -exceed annual amount of $848,020.57 (eight hundred forty-eight thousand twenty dollars and 57/100) per year for the Original Term. 3.2 Payment for any additional work authorized by the City during the .Original Term pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.3. In the event that City elects to extend the Original, Term in accordance with Section 2.2 of this. Agreement, and in consideration of Contractor's performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the rates shown on the bid schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to - exceed annual amount of $848,020.57 (eight hundred forty-eight thousand twenty dollars and 57/100) for each one-year extension: Payment for any additional work authorized by City pursuant to Subsection 1.6 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award. 4.0 Method of Payment 4.1. Contractor shall submit to City,.monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 4of21 5.1.1. This Agreement may be terminated by City, without cause, upon giving Contractor written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general .liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Contractor. 5.2.1. This. Agreement may be terminated by Contractor based on reasonable cause, upon giving City written notice thereof not less than 90 days prior to the date of termination. 5.2.2. This Agreement may be terminated by Contractor, without cause, upon giving City written notice thereof not less than 180 days prior to the date of termination. 5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement upon the date of termination indicated in the notice of termination issued by'City under Subsection 5.1, or upon the date of termination indicated in Contractor's notice of termination issued to City under Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product '(as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the Services completed prior to termination; based on the reasonable value of the Services rendered. 'City shall not be liable for any costs other than the charges 'or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, 'including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Diego Barrera is the Contractor's primary representative for purposes of this Agreement. Diego Barrera shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient 5 of 21 time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. x 7.0Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours -after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City:. City of. Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager 3 To Contractor: BrightView Landscape Services, Inc. 1420 S. Allec St. Anaheim, CA 92805 Attn: Diego Barrera 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 2.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services ,provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of 6 of 21 City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, -pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City, may make a computer available to Contractor from time to time for Contractor's- personnel to obtain .information about or to check on the status of projects, pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such .additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation .insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement. shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of ,employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. In addition to all other provisions of this Agreement, Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in� the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any, of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to. City from Contractor as a result of Contractor's failure to 7of21 promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in. addition to Contractor's duty to defend, indemnify and hold, harmless as set forth in any other provision of this Agreement. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that'City is a local agency member of. PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services .under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS. Without limitation to the foregoing, .Contractor shall assure compliance with regard to personnel who have active or, inactive membership ,in PERS and. to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. In addition to all other provisions of this Agreement, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and City's elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor''s covenants under this Section shall survive the expiration or termination of this Agreement. j 11.0 Confidentiality 11.1. Contractor covenants that all data, notes, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic .files, discussion, information, or other Work Product (as 'defined in Subsection 12.1) developed or prepared by Contractor or provided to Contractor for,performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/or 8 of 21 subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement°or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, directors, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for.admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However,- City's right to review any .such response does not imply or mean the right by City to control, direct or rewrite the response. 11:3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Work Product 12.1. Unless otherwise agreed upon in writing, all draft and final reports, drawings, specifications, documents,, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, "Work Product") shall be considered "works. made for hire;" for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon payment being made ''in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent, provided that Contractor will not be held liable for any use, reuse or modification of the City -owned Work Product for purposes outside this Agreement. Contractor shall not obtain or attempt to obtain copyright protection as to any Work Product. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 12.1. 9 of 21 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component .as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to, and the right to reproduce the Work Product. Contractor shall defend., indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product is violating federal, state or local laws, or ,any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work .Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 1.2.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document', on a computer; Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. > 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or interests, or delegate any of its duties, under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment' and "delegation" means any sale, gift, pledge, 10 of 21 hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15:0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters .related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination, or final payment under this Agreement, whichever occurs later. City';s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders .to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for 11 of 21 the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000;000 per occurrence for bodily injury including death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is. used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability:, Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability with minimum limits of no less than $1,000,000 -per accident and in the aggregate for bodily injury or disease. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or- operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and ,appointed officials, officers., employees, agents,- designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 12 of 21 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance .policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City, to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail,return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving_ as independent contractors in the role of City officials. 17.6.. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, .its elected and appointed officials, officers, employees, agents. designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of Contractor's insurance and shall not be called upon to contribute with it. 17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either. (1) the insurer shall reduce or eliminate such .deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy maintained or procured pursuant to this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City:. 13 of 21 17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not comply with the requirements -under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.11. Evidence of Insurance. Prior to the performance of Services"under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its, behalf, and shall be on forms provided by City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 'Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City, under any provision of this Agreement. 17.13., Broader Coverage/Higher Limits. Contractor.shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution 'of the Services. if Contractor maintains broader coverage and/or higher limits than the minimums required 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. 17.14. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 14 of 21 17.15. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. IL 1&0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Contractor's Duty. 18.1.1. General Indemnities. To the fullest extent permitted by law, Contractor shall, at its sole- cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, suits, judgments, penalties, bid protests, stop notices, liens, losses and injuries of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively ".Liabilities" in this Agreement), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all. costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. For Liabilities arising out of "design professional services" as defined in Civil Code Section 2782.8(c), and in accordance with Civil Code Section 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault. 18.1.3. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from 15 of 21 each and .every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractors shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or courtdecision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City,'or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section 18.0 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. ,Contractor's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against any subcontractor, employee, or tapplicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are, treated during employment, without regard to their race, religion, color, national origin, handicap, ancestry; sex, gender, sexual 16 of 21 orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status or any other basis prohibited by law. 20.0 Workers' Compensation Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage -and Payroll Records To the extent that this Agreement calls 'for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Contractor shall comply in all .respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Non -Exclusive Agreement Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 23.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 24.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that .arises under or relates to this 17 of 21 Agreement (whether contract, tort or both) shall be,resolved in a superior court with geographic jurisdiction over the City of Seal Beach. N 26.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to: have any rights hereunder against either party as a result of this Agreement. 27.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1), effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 28.0 Prohibited Interests; Conflict of Interest 28.1.. Contractor covenants that it presently has no. interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 28.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to ,solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission., gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, :to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 18 of 21 28.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section 28.0. 29.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for .anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check, or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for. any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 30.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 31..0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City, appropriates sufficient. funds and shall automatically terminate at the conclusion of such fiscal year. 19 of 21 32.0 Mutual Cooperation 32.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 32.2: Contractor's Cooperation. In the event any claim .or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 33.0 Time of the Essence �- Time is of the essence in respect to, all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed ,to limit or deprive a Party of the benefits -of any grace or use period allowed in this Agreement. 34.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 35.0 Titles and Headings The titles and headings used in this Agreement are for, convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 36.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 37.0 Corporate Authority The person executing this Agreement on behalf of -Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. •20 of 21 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Jill R. Ingram, City Kbioger Attest: a gy; Goria0.Ha Approved as to -Farm: A. By. Nicholas Ghlrelli,, City Attorney CONTRACTOR: BRIGHTVIEW LANDSCAPE SERVICES, INC., a California corporation By: --- r,_ Name-:--- its: ame: its: trd/-v By: Name: Steprianie John n Its: Director of Finance ,(Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 from each of the following categories. (i) the chalrperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation;) 21 of 21 EXHIBIT Request for Proposals for City -Wide Landscape Maintenance Services City of Seal Beach Request for Proposals for City -Wide Landscape Maintenance Services RFP responses to be received until 12:00 P.M., June 5, 2023 in the Public Works Department ATTN: Sean Sabo, Management Analyst Approved for Advertising: Iris Lee Director of Public Works Date Issued: May 2, 2023 Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES ' IV. PRE -PROPOSAL CONFERENCE AND QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Contract Scope of Services EXHIBIT B — City Landscape Area Map EXHIBIT C — Sample Contract EXHIBIT D — Price Proposal N }'I t Mfr„ iv t�"���rl r�i�iic•F . REQUEST FOR PROPOSALS FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES ALL INTERESTED PARTIES MUST REGISTER THROUGH PLANE.TBIDS. COMMUNICATION .AND ADDENDA,, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA THE PLANETBIDS PORTAL.. 1. INTRODUCTION The City of Seal Beach ("City") Public Works Department is requesting proposals from qualified contractors to provide professional landscape maintenance as detailed in the Scope of Services. General items of work include mowing, aeration, mulching, turf maintenance, irrigation repair & timing, hand weeding, litter pickup, raking, plant maintenance, minor tree maintenance, and hand watering. The objective of this Request for Proposal ("RFP") solicitation is to identify the qualified contractor to provide the requested services for an anticipated term of three (3) years, with two (2) possible one (1) year extensions. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals. II. QUALIFICATIONS Minimum Qualifications • Minimum of seven (7) years of experience in professional landscape maintenance services. • Experience and/or demonstrated ability to provide satisfactory services. • The successful bidder and any subcontractor(s) must possess a current and valid California contractor's license(s) in the classification(s) required by law to perform the work (C-27 Landscape Contractor License). • Licensed California Pest Control Advisor on staff. • Local staffing able to respond to an emergency call-back within 30 minutes, and able to deploy the appropriate resources to respond within two (2) hours after being contacted by the City. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Maintain, or have the ability to quickly acquire, all necessary materials, labor, equipment, and other incidental and appurtenant work necessary for the landscape maintenance services. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. III. SCOPE OF SERVICES The City of Seal Beach intends to obtain the services of a qualified firm to provide the services as outlined below. Best industry practices and/or best management practices may require additional services not explicitly enumerated. The proposer should identify any additional services required, price them, and explain them in their response. Proiect Scope See Exhibit A. Contractor Responsibilities 1. Contractor shall be responsible for completing all work as specified in Scope of Services. 2. Contractor shall designate a single point -of -contact with decision making authority for Work under this Contract, and shall be available during regular business hours. 3. Contractor shall prohibit any persons other than those designated and employed by the Contractor to accompany landscaping staff for Work. 4. Contractor shall provide all equipment, labor, supervision, method of processes, and materials necessary to complete the Work. Contractor shall keep all materials and equipment neat, clean, and readily available at all times. 5. Contractor shall provide all materials of good quality, as approved by the City, and in the amounts necessary to fulfill the Contract requirements and to accomplish an acceptable and professional level of service. 6. Contractor shall bring to the attention of the City any defective or inoperative equipment no later than the following day after discovery. 7. Contractor shall be responsible for securing any and all locks after work has been completed. 8. Contractor shall promptly and properly dispose of all debris accumulated as a result of landscaping. 9. Contractor shall be responsible for timely payment of any subcontractor, material persons, workers, and suppliers. 10. Contractor shall have a valid City of Seal Beach business license for the term of the Contract, if selected. 4 .I �r.-ftp,: �✓� - 1����.if 1�+5��i�•f . Billing Form. Records and Reports • Contractor shall furnish and maintain daily logs and records for all landscaping areas. The records shall include the name of supervisor, date, time in/time out, location, work performed, at a minimum. The format of said records shall be approved by City prior to use. • Contractor shall provide a copy of any or all records to. City upon request. • Contractor shall maintain such record through the term of the Contract, plus three (3) years after Contract termination. • Contractor shall provide a billing form and progress payment form approved by the City. Protection from Damage • Contractor shall protect all public and private property that is not part of Work. • Contractor is liable for any damages as a result of its staff using improper techniques and/or materials. Contractor shall repair such damage at Contractor's sole expense. Withholding of Payment In the case that work scheduled for performance is not performed, or does not meet the quality standards as required by the City, the City may allow the Contractor to correct the deficiencies without penalty either during the next scheduled shift, or at a time mutually agreed upon. In the case that deficiencies are not corrected as required, the City will impose a deduction from the Contractor's following monthly'invoice a fee to be determined by the City based on required performance, not to exceed $500.00 per individual occurrence, per location. Personnel The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Contract. a. Contractor's Staff • The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes shirts shall be worn at all times. • The Contractor must employ sufficient personnel to perform all work as scheduled and approved by the City, including Contractor personnel transition periods. b. Supervision • Contractor shall ensure a minimum of one (1) English-speaking employee working with each landscaping crew at any time. T �-�-�Jt. � //ice/ (✓� ('....%ffll l (/171.%11 f.:�. �L !/ J7 • Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the staff performing the Work. c. Typical Tasks Contractor shall supply his/her staff with the necessary skills to perform duties in connection with Work contemplated under this Contract. d. Knowledge and Abilities All analyses and procedures shall be performed in a manner approved by the City and the State Health Department, including suitable experience in the field to perform the required Work in a safe and thoughtful manner. Equipment The Contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Contract. City may make available to Contractor selected equipment for the purposes of performing the Work. City may revoke ability to use said equipment at its discretion without notice and/or compensation to the Contractor. a. ,Equipment • All equipment used by the Contractor shall be maintained in a clean appearance and in. good operable condition. All equipment shall also be properly adjusted, from an operational safety standpoint. • All equipment used by the Contractor shall adhere to Seal Beach Municipal Code Chapter 7.15 (Noise). b. Vehicles • Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. Emergency Service Contact Information and Response The Contractor shall provide the City at all times throughout the duration of this Contract emergency telephone numbers of at least two '(2) qualified persons who can be called for emergency conditions at any time. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call -out by the Contractor shall not be more than 30 minutes, deployment of appropriate resources to respond within two (2) hours, and shall be considered part of the normal Contract except when delayed by problems caused by vehicle accidents or Acts of God. 2 Progress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner,. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Any exceptions shall be approved by the City. Alterations • The City reserves the right to increase, decrease, add, delete, and alter any item or portion of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from the Work, as may be determined during the progress of the Work to be necessary. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as modified. • In the event that a location is closed for repair, construction, emergency, or any other event(s) where Work cannot be performed, City will notify Contractor of such closure five (5) business days in advance. Extra Work 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. '2. Extra services shall be negotiated on a time -and -material basis with a "not to exceed" amount. IV. PRE -PROPOSAL CONFERENCE AND QUESTIONS A mandatory pre -proposal conference is scheduled for 10:00 a.m., Thursday, May 18, 2023 at the Seal Beach City Yard, 1776 Adolfo Lopez Dr., Seal Beach, CA 90740. All prospective bidders must attend. At this time the City will respond to all questions and address clarifications relative to the RFP process. For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Joseph Talarico Maintenance Services Supervisor Department of Public Works 1776 Adolfo Lopez Drive Seal Beach, CA 90740 italarico(c)-sealbeachca.gov (562) 431-2527 ext. 1318 The City will respond to all questions and requests for clarification received by May 31, 2023. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Mandatory pre -proposal conference 7 05/02/2023 05/18/2023 ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interviews ■ Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals �ti-�'I� i ,I.•f /rte l`��NUC !�/�iF:-/!!-'lam 1 1 1 05/31/2023 06/05/2023, 12:00p.m. June 2023 July 2023 July 2023 Proposals are due by 12:00 PM on June 5, 2023 to the following. Postmarks will not be accepted. Sean Sabo Management Analyst Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ssabo sealbeachca.gov (562) 431-2527 ext. 1431 Please submit three (3) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City' to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or'propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Certifications Understanding/Approach References Fee & Cost Proposal Exceptions Business Entity Contract Signatories Y Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP: Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Certifications: Provide a copy of a current and valid California contractor's license(s) in the classification(s) required by law to perform the work (C-27 Landscape Contractor License). Understanding/Approach: Describe the Contractor's understanding .of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Contractor should provide a minimum ofthree (3) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. • Contract outcome • Contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: Contractors will be required to submit a "Price Proposal" as shown in Exhibit D. Additional labor and material rates may be provided in addition to Exhibit D. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit D. 0 i • � �✓�-fav , �v' �F.�,�u l !//.+) Nrr•�.:�.IT Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE AND COST PROPOSAL Before responding and submitting a proposal, it will be the responsibility of the Contractor to visit and familiarize him/herself with each location to determine the work to be done. An mandatory pre -proposal meeting is scheduled to facilitate this process. In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following; 1. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year. 2. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor. Vlll. INTERVIEW Top ranked Contractor team(s) will be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. 10 POTENTIAL EVALUATION. CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (50 points) a. Relevant experience, specific qualifications, and expertise of the Contractor and sub -Contractors to perform the Work. b. Contractor's experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. c. Quality of references from at least three (3) agencies the Contractor currently or have previously contracted for in the past five (5) years. d. Contractor's understanding and approach of the Work. e. Services offered and/or excluded. 3. Fee (50 points) a. Price proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non -emergency and pre -planned projects out for formal bidding. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list' and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Contractor shall maintain an adequate crew of employees to perform the Work required. b. Contractor will be required to supply a list of references for similar work performed. c. Contractor will be required to supply a list of sub -contractors, if applicable. d. Contractor will be required to supply additional experience references, if requested 11 e. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the Contract. f. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code. Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. g. Hourly rates and unit prices quoted shall include all safety equipment required. All incidentals shall be included in quoted prices. h. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. i. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. j. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm, considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such 12 applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "it shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal. 13 J7 t/711 % e. EXHIBIT A CONTRACT SCOPE OF SERVICES 14 �L $ ( GfG - if CF�CL! 1�/1J F5/I•l-il . 0 t7 1 ENr The work shall include furnishing all labor and equipment necessary to maintain City parks, medians, parkways, and City facilities. Duties include, but are not limited to, trash collection, cleaning of city property and facilities, maintaining turf, hardscape surfaces, ground cover, shrubs, vines, and trees, maintaining and repairing irrigation systems, maintenance of drainage facilities, and providing weed and pest control regardless of weather conditions. SCHEDULING OF WORK The Contractor shall provide the Maintenance Services Supervisor with a weekly schedule submitted the Friday before the week of the scheduled work. The schedule must identify landscape areas and facilities to be maintained that week and the specific tasks to be completed. Schedule must follow the maintenance activity schedules outlined within this contract scope of work. General/Daily Maintenance Unit price for Bid Price Item #1 shall be inclusive of the following tasks for every maintenance area included in this contract: 1. The daily (rainy days included) removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out -of -place or discarded items upon sight by the contractor. 2. The daily (rainy days included) removal of any dead plant material upon sight by the contractor including weeds. 5. The .daily (rainy days included) removal of fallen plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark upon sight by the contractor. 3. All refuse material shall be disposed of by the. Contractor in: the City's refuse dumpster (1701 Aldofo Lopez Dr.) 4. Daily — 365 days — (rainy days included) - emptying of trash cans in every park and at various locations throughout the City (approximately 60 trash cans in total). All trash cans must be emptied before noon each day. Playground Maintenance General/Daily Maintenance Clean, rake and level playground wood chips daily (rainy days included). 2. Clean, rake and level play sand daily (rainy days included). 3. Daily (rainy days included) removal of graffiti. 4. Daily removal of leaf litter or other debris from sports courts and spider webs from play equipment. 15 WTI, V/ -il"IRITIA General Property Maintenance 1. All repairs to damaged City property shall be completed within twenty-four (24) hours after damage is reported or noticed, by contractor's staff or by City. 2. Every instance of damage shall be reported to the Maintenance Services Supervisor. 3. All sidewalks adjacent to City -maintained parkways shall be swept, blown or cleaned daily, if necessary, to remove any glass or debris. In addition, all sidewalk areas shall be thoroughly cleaned every week on the day the area is maintained. 4. All areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 5. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily. 6. At no time will Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor.to remove; (i.e., sidewalks, streets, gutters). 7. Main Street shall be inspected daily, and all sidewalks must be kept free of debris from tree leaves, trash, and litter. The contractor will be responsible to sweep or blow as necessary. Failure to comply with the scope of work related to General/Daily maintenance shall result in a performance deduction in the amount of $500 per incident per day. Payment for general maintenance shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days trash was collected during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. Weed Control Unit price for Bid Price Item #2 shall be inclusive of the following tasks: 2. All weeds shall be removed upon sight, on a daily basis. Planters, non -concrete walkways, i.e.: decomposed granite, natural soil and asphalt, sidewalk expansion joints, planting, beds, shall be kept free of grass and weeds at all times. 3. Turf grass shall be weed -free at all times • Common reed (Arundo Don ax) will be 100% controlled due to its fast growth and invasiveness. 4. When requested by the Maintenance Services Supervisor, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City if control is not maintained as specified in this section. Preventive weed control is the responsibility of the Contractor. Any pre -emergent herbicide used will be considered a weed management tool and the cost will not be reimbursed by the City. 5. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City. 16 !.17 11 t53 6. The Contractor shall submit a report naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label and any applicable M.S.D.S. (material safety data sheets) sheets to the City before use begins. 7. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be made within fifteen days upon discovery by the Contractor and/or the City. 8. Weed Control of Paved Surfaces: Contractor .shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces. 9. Weed Control of Landscaped Areas: A. The contractor is required to always maintain all landscaped areas in a weed -free condition with no exceptions, and a regular program of chemical application shall be used to prevent, or control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary. Weeds allowed to grow taller than two inches will be removed by hand and not sprayed. Any "non -target' or "desirable" plant material un -intentionally sprayed or removed .during manual weeding shall be replaced at contractor's expense. 1) A contact herbicide shall be employed to control broadleaf weeds as required to maintain turf grass in a completely "weed free" condition without injury to turf. a) Weeds not eradicated with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications. 2). In addition, turf grass areas shall be treated as follows: a) Between January 15 and February 15, a pre -emergent crabgrass control shall be r applied to all turf areas. b) Twice per year, in December and June, a broad-spectrum fungicide (such as Actizone RZ, or a fungicide approved by the City) shall be applied at the manufacturer's recommended coverage rate. B. All restricted chemicals to be used to control weeds shall be approved by the Maintenances Services Supervisor prior to use. A written recommendation of the proposed restricted chemicals to be used, prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non-restricted materials form prepared by a licensed Pest Control Operator shall be submitted to the Maintenances Services Supervisor a minimum of 14 days prior to intended use. Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until the Maintenance Services Supervisor written approval is obtained. 17 ! / (/1/F.N(!(< 1) Written recommendation shall include, the following information: n a) Owner or operator of the property to be treated. b) Location of property to be treated. c) Commodity, crop, or site to be treated. d) Total acreage or units to be treated. e) Identification of weed(s) or pest(s) to be controlled by recognized common name. f) Name of each herbicide or device recommended or description of method recommended. g) Dosage rate per acre or other units. h) Warning of the possibility of damages by the application from hazards that are known to exist; and i) Signature and address of the person making the recommendation, the date, and the name of the employer. 2) Chemicals shall: be applied only by persons possessing a valid California Pest Control Operators License in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved' Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year. The Maintenance Services Supervisor shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations. 3) Contractor shall calibrate all chemical application equipment prior to each use to ensure chemicals are applied at the rate specified in the written recommendation. 4) All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a watertight connection •to prevent. any leakage of chemicals from the point of connection to spray equipment. 5) All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow proper control of rate, uniformity, thoroughness, and safety of application. 6) All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Maintenances Services Supervisor in such a manner,to limit drift to twelve (12) inches. All -precautionary measures necessary shall be employed to .ensure public safety since all areas will be open, to public access during application. 18 �� t'Gf+l.� ld�.. l��Cll (�/1J F%Nf:•/'1. 7) All equipment used to perform chemical application shall. be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in. accordance with the procedure recommended on the label. C. Non -restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas. D. The Contractor shall not be allowed to use the restricted chemicals 2,4-D and Dicamba without submitting a written recommendation by a California Pest Control Advisor. 1) Prior to application, Pest Control Operator shall read product label, identify weed pests in area to be sprayed, and identify environmental hazards such as waterways, eating and food preparation areas, sensitive ornamentals, production agricultural sites and take all precautionary, measures necessary to prevent contamination of these areas. 2) Equipment used to apply 2,4-D and Dicamba shall consist of waterproof gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring device, and spray equipment. To minimize drift, a spray thickener may be required. 3) Operator shall not apply 2,4-D or Dicamba during excessively hot, dry, or windy periods. Irrigation systems shall not be operated for a minimum of 24 hours after chemicals have been applied. Operator shall spray all target plants to wet. Chemicals shall be applied within the drip line of any ornamental shrub. Large mature weeds should not be sprayed. 4) Upon completion of 2,4-D or Dicamba chemical spray application, the area treated should not be re-entered until the spray has dried. Contractor shall be responsible for any on-site signage, posting as well as monitoring access during the chemical drying period. Failure to comply with the scope of work for weed control shall result in a performance deduction of $500 per day per incident. Payment for weed control+shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days weed control was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. Turf Grass Maintenance Mowing 1. Unit price for Bid Price Item #3 shall be inclusive of the following tasks: 2'. All turf areas shall be mowed once per week throughout the contract period. Exact dates shall be set on an annual calendar to provide 52 mows per year. The 1/3" rule (no more than one-third of the total length of the leaf blade shall be removed with any single mowing shall be followed as closely as possible to minimize mowing stress to the turf grass. 3. Mowing shall be performed on the same day each week. Initial weekly schedule must be submitted, and any changes must be approved by the Maintenance Services Supervisor prior to implementation. 19 4. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and .completed within'three working days. If adverse weather or ground conditions persist, the Maintenance Services Supervisor may change annual schedule. 5. Cutting heights shall be adjusted to the type of grass in accordance with the following: Bluegrass and Fescue (June through September) 3 inches (September thorough May) 2 inches St. Augustine (Year -Round) 2 inches Bermuda (Year -Round) 1 inch 6. All warm season grasses, including Bermuda, Kikuyu and St. Augustine, shall be mowed with a power - driven 7 -blade reel type mower. Bluegrass and Fescue may be mowed with either power -driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform,, level cut without ridges or depressions. 7. When conducting "rotary type" mowing activities in City Parks a mulching deck rotary mower shall be utilized. Contractor shall take special care to completely mulch all grass clippings so as not to leave corn rows or piles of clippings behind. If clippings cannot be completely mulched, then .they will need to be removed the same day they are .cut, 8. All trash and paper products shall be removed before mowing begins and will not be run over by mowing equipment. All grass, leaves, and other debris shall be removed and disposed of off-site, in a lawful manner, at the completion, of mowing. 9. All portable obstructions, such as picnic tables and trash containers shall be moved in order to mow all portions of turf. 10. All walkways, roadways, trails, or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior -to the completion of that day's mowing operations or the end of the day, whichever occurs first. 11. Irrigation: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be allowed to dry beyond 50% of the soil water holding capacity between watering. At a minimum, omit irrigation the night prior to turf mowing. Contractor shall not irrigate Friday night, Saturday morning, Saturday night or Sunday morning unless absolutely necessary. Contractor shall' obtain approval from the Maintenance Services Supervisor before any weekend watering occurs. 12. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes, or fixtures. Do not mow areas that are wet or saturated. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at his/its expense. ,20 Renovation, Aeration, and Dethatching: All turf areas shall be aerated twice per year once between February 15 and March 15, and once between October 15 and November 15 to reduce compaction/ stress conditions, which will offer greater water penetration and reduce runoff. In those areas, when soil condition is poor, top -dress may be required by the Maintenance'Services Supervisor. 2. Aeration shall' be accomplished by removing 3/4" diameter by three-inch deep coresat a maximum spacing of six inches by use of a mechanical aeration machine. Contractor shall aerate entire area first in one direction (east to west), then repeat the operation in the opposing direction (north to south). All cores shall be removed from the turf and disposed of off-site the same day. Contractor shall be responsible for the marking of all irrigation heads, valve boxes, quick coupling boxes, electrical boxes and any other in ground equipment that could be damaged by the Aerator tines. Should any of the above equipment get damaged during the aeration process contractor shall be responsible for immediate replacement and repairs at contractor's expense. 3. All turf areas shall be dethatched once per year between September 15th and October 15th. or as directed by the Maintenance Services Supervisor. a) Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The vertical cutting machine shall be set at a depth to penetrate the soil % inch. b) All thatch and debris shall be picked up and disposed of off-site prior to the end of the workday. After clean-up, mow turf at regular cutting height. c) All walkways, roadways, trails, landscaped areas, or other areas soiled by dethatching operations shall be cleaned and all debris disposed of off-site prior to the completion of this operation or the end of the day, whichever occurs first. Refurbishment of Turf grass Turf areas which have thinned out due to the shading effect of trees and structures, and by foot traffic will be reseeded with an approved grass seed to restore thinning areas. Contractor shall re -sod 20,000 square feet of turf grass area complete in place on an annual basis at no additional cost to the city. The City shall determine the locations and quantities for re -sodding efforts. Winter Overseeding of All Turf Areas Upon the completion of dethatching all grass areas in the fall, winter over seeding of all turf areas will be required. All Bermuda grasses will be lowered 'in two continuous stages by mowing with mowers that have sharp, properly adjusted cutting units. This process will be done.until grass height is at 1/2". After the Bermuda grass is lowered, the entire area will be vacuumed. Contractor shall sow perennial rye grass at the rate of 10 lbs per 1000 square feet or as approved by the Maintenance Services Supervisor. 2. Turf grass areas that have multi type grasses (i.e..: Kikuyu Grass, Fescue Grass, Bermuda Grass, Blue Grass, etc.) will be over seeded using the "Imperial Blend" grass seed or an approved equal. 21 i 3. Fertilize all grass areas to be over seeded. Broadcast 6-20-20 fertilizer at the rate of 6 lbs per 1000 square feet or approved equal. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind, cyclone spreaders in smaller areas. 4. Immediately after dethatching operations with a verticutter, the area will be aerated. These two processes will be followed by motor driven vacuum to remove all grass clippings and thatch. Perform reseeding operations when soil is dry and when winds do not exceed 5 miles per hour velocity. Apply seed with a rotary or, drop type spreader. Install seed evenly by sowing equal quantities in two directions, at right angles to each other. 5. Cultivate bare areas and aerate compacted areas thoroughly. Where substantial, but thin turf remains, rake, aerate if compacted, and cultivate soil. 6. Remove diseased or unsatisfactory turf areas; do not bury into soil. Remove1opsoil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc. 7.. Topdressing, when applicable, shall be applied with materials and methods approved by Maintenance Services Supervisor. 8. Maintain over seeded turf areas until successful seed germination and complete establishment of turf has taken place. Over seeded areas will be maintained until inspection and acceptance by the Maintenance Services Supervisor. 9. After preparation and over seeding have been completed, the area will be watered. Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture rat a dept of 1/2" during daylight hours. 10. When the perennial rye grass approaches a height of 2" to 2Y2', the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on over seeded turf. 11. The rye grass over seeding will be completely established by November 1. 12. After first mowing, and subsequently thereafter, fertilize with 1 Ib N/1000 SF through the winter fertilization period. Summer Overseedina of all Turf Areas 1. All bare, worn, or sparse areas in the turf shall be reseeded to reestablish turf to an acceptable condition annually beginning in June or as required to maintain adequate appearance, as determined by the 3 Maintenance Services Supervisor. 2. Reseeding shall be performed in accordance with the following criteria: A) All areas to be reseeded shall be raked or verticality cut.to remove all thatch and to provide a rough (scarified) seedbed suitable for seeding. 22 B) Areas to be reseeded shall be fertilized to provide 1'/2 pounds of nitrogen per 1,000 square feet. Chemical formulation, of fertilizer to be used shall be 10-10-10 unless otherwise specified by the Maintenance Services Supervisor. C) Grass seed shall be applied at the rate specified on the label for the type of seed being used for reseeding. Seed quality shall meet the following criteria: i) Minimum purity shall be 98% weed free for all grasses. ii) Minimum germination rate shall be 85% for all grasses. iii) No seeds shall be applied without prior verification of seed quality by the Maintenance Services Supervisor. iv) All seeding equipment shall be calibrated to deliver the desired seeding rate for the specific species or seed mixture to be used prior to each reseeding operation. v) Once seed has been applied, Contractor shall cover all seed and firm the soil with a water ballast roller either empty or partially filled depending upon soil conditions. Seed shall be lightly covered with topper soil to prevent erosion and reduce evaporation of soil moisture. Edging 1. All turf grass borders shall be neatly and uniformly edged or trimmed on the same schedule as the mowing operations, unless otherwise specified by the Maintenance Services Supervisor. All edging should be completed with a fix blade edger. String trimmers or weedwhackers shall be permitted for edging only on emergency basis. 2. Mechanical methods shall be used except where physically impossible, impractical, or around trees. Turf growth around all trees shall be controlled by chemical application, not to exceed a 12" distance from the trunk. 3. Chemical application shall also be used on areas such as along concrete, asphalt, and decomposed granite trails/paths, around sports field equipment, fence lines, etc., but not on the fields areas. a. Prior to application of chemicals, all areas shall be trimmed to the proper mow heights. b. Contractor shall use only non -restricted chemicals to perform chemical edging. Chemicals shall be approved by the City representative prior to use. A Notice of Intent to apply non- restricted/restricted materials form shall be completed, and submitted to the City a minimum of fourteen (14) days prior to intended use. Agriculture DPTD Haz form shall be provided by the City. No work shall begin until written approval is obtained from the Maintenance Services t Supervisor.. c. Chemicals shall be applied only by persons processing a valid California Pest Control Operators License or Qualified Applicators Certificate. Records of all chemical application operations, authorizations stating dates times, methods of application, chemical formulations, weather conditions at the time of application, and applicators name shall be made and retained in an 23 active file for a minimum of one (1) year. After this period, records shall be retained in accordance with Orange County Department of Agriculture Regulations. d. Chemical edging shall be restricted to a four (4) inch wide strip around buildings, planters, concrete, decomposed granite, and asphalt trails/paths, and other projections, a twelve (12) inch radius around tree trunks, and an eight (8) inch wide strip around sports field- equipment and fence lines. e. Chemical edging shall be performed a minimum of once every 60 days. 4. All walkways, roadways, trails/paths, or other areas dirtied by edging operations shall be cleaned and all debris disposed of off-site prior to the completion of that days edging operations or by the end of the day, whichever occurs first. Failure to comply with the scope of work for turf grass maintenance shall result in a performance deduction of $500 per day per incident. Payment for turf maintenance shall be for the actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days turf grass maintenance was conducted during that billing cycle or period -Payment shall be based on the unit bid price and actual quantities completed. Shrubs 1. All shrubs and hedges shall be pruned in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers. 2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. Along all walks, overgrowth shall not be over four inches. 3. Whenever shrubs die as a result -of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm, the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required shrubs. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should shrubs expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the same exact species and size of the existing plant material at no cost to the City. 4. Contractor shall remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Sometimes the plant's flower stalks are many in number or part of the plant's character (i.e., Dietes). Coordinate with the City on a plant -by -plant species basis. 5. Shrub mounding shall not exceed eighteen inches in height within areas required for vehicular line -of - sight distance depending upon roadway topography. (Maintenance Services Supervisoris to be informed by Contractor if the plant material will continually be a problem.) 6. Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed. 24 /' FA /, 7. Shrubs designed to be grown full size shall not be sheared or trimmed. Selective pruning may be necessary to remove dead, diseased, or intertwining material. Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the Maintenance Services Supervisor. 8. All shrubs shall be pruned to prevent encroachment onto private property. 9. Pruning Procedures: A. All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions. B. All limbs one inch or greater in diameter shall be "under cut' to prevent splitting and tearing. C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning. D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne). 10.. All trimmings and debris shall be removed and disposed of off-site at the end ,of each day's work. 11. Existing shrubs shall be replaced by the Contractor if it is determined by the Maintenance Services Supervisor that they dieddue to Contractor's neglect. Replacement shrubs shall be of like kind and size. Vines r 1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth .on supports. 2. Nails shall not be used to secure vines on masonry walls. 3. Contractor shall deep water vines in pockets without sprinklers and where required to promote optimum growth. 4. Pruning of vines will be in accordance with good horticultural practices. 5. Whenever vines die as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is' dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required vines. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should vines expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size. of the existing plant material at not cost to the City. Ground Cover 1. Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges, and curbs. 25 - / ;ig,71 2. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis. 3. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 4. Contractor shall keep ground cover trimmed back four inches from all controller units, valve boxes, quick couplers, structures or walls, and private property. Ground covers shall not be allowed to grow up trees, into shrubs, or mix in with vines on walls. Ground cover shall be kept six (6) inches from all other plants. 5. All planter areas and tree wells located in the city parks shall be mulched to a depth -of 3 inches once per year, along with a per -emergent application at no extra cost to the City. 6. Ground cover areas shall be maintained in a manner which will promote the healthy growth of the plant material in a primarily natural state while removing weed infestations. 7. The un -mowed fescue areas may be "mowed" only as often as necessary to control weeds and to maintain the 24 -inch maximum height with approval of the Maintenance Services Supervisor. In the fall, the seed heads shall be allowed to remain in order to reseed the area and then removed before they change color. 8. Whenever groundcover dies as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required groundcover. The City will use the quoted extra labor charges and unit. prices submitted with the proposal for reimbursement. Should groundcover expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at no extra cost to the City. 9. All medians, parkways and shrub beds and tree wells located in City parks shall be mulched once per year by February 1 each year at no additional cost to the City. The mulch application must follow a pre - emergent treatment. The scope of work for landscape maintenance shall be completed on a weekly basis. Failure to comply with the scope of work for landscape maintenance shall result in a performance deduction of $500 per day per incident. Payment for landscape maintenance shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days landscape maintenance was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. m Maintenance of Drainage Facilities The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v -ditches), located within each park and landscaped areas on a monthly basis. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation which accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared twice per year. All other drainage facilities shall be cleaned of all vegetation and debris. 26 _ 0._f l �/' 1. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to Maintenance Services Supervisor. Fertilization Scheduling Fertilization will be applied in accordance with FERTILIZER SCHEDULE, or as otherwise directed by the Maintenance Services Supervisor. All applications shall be recorded and specifically'identified on the weekly schedule, indicating the fertilizer used, frequency applied, and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.). General - Fertilization Fertilizers shall be inorganic, dry, pelletized formulation. Application shall be in accordance with manufacturer specifications. Method of Application In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant flow power take -off (PTO) driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. Any fertilizer that is applied to non -target areas such as a roadway, sidewalk, parking lot, etc., will be removed immediately by contractor. Absolutely no fertilizer is allowed to enter the storm drain system. Contractor shall choose which methods of removal will work best. (i.e.: sweeping or gas -powered blower, etc.) Timing of Application When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary: After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials. Trees and Shrubs Fertilizers, pre -approved by Maintenance Services Supervisor, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micro -nutrient deficiencies. Landscaped Areas All landscaped areas shall be fertilized in accordance with the following criteria: 1. All proposed chemical formulations shall be submitted to the Maintenance Services Supervisor for approval prior to use. 2. r All fertilization schedules shall commence with the effective date of the contract then follow the cycles established in the annual schedule. 27 3. Ground cover areas shall be free of moisture at the time of fertilizer application. Application of the fertilization shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast. Soil Tests for Fertilization Upon request, soil samples for testing shall be taken from landscape locations as determined by the Maintenance Services Supervisor. 1. Samples shall be tested at an agricultural soils testing laboratory approved by the Maintenance Services Supervisor. 2. Contractor shall pay all costs for testing., taking samples, pickup, and delivery to the testing laboratory; all incidentals and no additional payment will be made thereafter. Ground Cover Apply fertilizer a minimum of 2 times a year, (March and September) to all landscape areas with a commercial fertilizer as often as required to promote a healthy appearance. Water thoroughly to prevent burning.. Apply at the rate recommended by the manufacturer that is listed on the package. R Vines Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and September, or needed to promote a healthy appearance.' Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package. Fertilizing of Turf Grass 1. Apply fertilizers to provide sufficient nutrients on a regular basis to keep ,turf' grass in healthy looking condition. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand. Type of turf and time of year will determine type of fertilizers used. The frequency of application will greatly depend on amount of leaching caused by excess use of water. The type of fertilizer used, and frequency applied will be recorded. 2. Use 6-20-20 starter fertilizer at a rate of 1 ib. P and K per 1f, 000 square feet during over seeding process until first mowing and subsequently thereafter use 15-15-15 fertilizer at a rate of % Ib.. N / 1,000 square feet per month through the winter fertilization period. 3. Winter fertilization period shall begin November and continue until the end of March. A 16-20-20 commercial fertilizer shall be required. 4. Summer fertilization period shall begin April and continue until the end of September. A 16-6-8 or 16-4- 4 commercial fertilizer shall be required. 5. for additional or special applications requested by the City of nutrients (i.e., application of additional nitrogen, iron, calcium or gypsum), the Contractor will be paid extra for the special applications. The City will use the quoted extra labor charges and unit cost submitted with the proposal for reimbursement. 28 SII- f ted- -,70, , A rte; N,«� , 6. The Contractor shall supply to the City a list of dates and approximate times. each bid area is scheduled for fertilizer application before the Contractor begins fertilization. 7. All proposed changes in formulation shall be submitted to the City for approval prior to use. 8. Turf shall be free of moisture at the time of fertilizer application. Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast. 9. The Contractor shall take precautions to contain the fertilizer to planting areas only. The Contractor shall be responsible for removing all fertilizer stains from concrete caused by his application. Turf Fertilization Schedule FREQUENCY TYPE & SOURCE 1 x 15-15-15 Commercial 1 x 16-6-8 or 21-4-4 Commercial 1 x 6-20-20 XB + Commercial Landscaping Fertilization Schedule FREQUENCY TYPE & SOURCE TIME OF YEAR Winter (October) Summer (April) @ summer reseeding October @ winter reseeding TIME OF YEAR 2 x 40-10-10 March 1 & September 1 Slow Release 4-1-1 w/iron or Approved Equal Trees Trees shall be fertilized and aerated by Landscape Maintenance Contractor in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition. Compliance Inspection Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory. Failure to comply with the scope of work for fertilization shall result in a performance deduction of $500 per day per incident. Payment for fertilization shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days fertilization was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. 29 General Irrigation System Maintenance The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate which closely matches the actual needs of the plant material with no runoff. Contractor shall have the sole responsibility for managing the City's irrigation usage. Contractor shall follow all water conservation regulations and water efficient landscape ordinances. Irrigation/Operation and Maintenance Scheduled Times 1. Irrigation shall be accomplished in accordance with Contractor -provided schedules. The following irrigation times shall be applied to various types of public facilities: A. Medians, Parkways and Parks: (Sunday -Thursday) 10:00 PM - 6.:00 AM B. Manual Irrigation: (Monday -Friday) 7:00 AM - 3:00 PM Failure to adjust irrigation controllers to: comply with designated watering windows and Contractor - provided schedules will result in a performance deficiency deduction. 2. Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall, and shall recommend appropriate changes in duration of watering cycles. 3. Special watering required during daytime hours such as after over seeding, fertilization, during periods of extreme dryness or heat or during manual 'irrigation cycles shall be conducted in accordance with the following criteria: A. There shall be minimal drift onto private property or roadways caused from the wind. B. There shall be irrigation personnel present at each location until watering cycle is completed. 4. Contractor shall respond within two (2) hours of any request by the Maintenance Services Supervisor to turn on/off irrigation systems, particularly in respect to rainfall. 5. All damages resulting from under or over watering shall be repaired at the Contractor's expense. Operation/Repair 1: The entire irrigation system, including all components from connection at meters, shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: all controllers and remote -control valves; gate valves, ball valves, and backflow devices; main and lateral lines; pumps; sprinkler heads; moisture sensing devices; and all related equipment. Contractor is required to notify the Maintenance Services Supervisor of mainline failures within twelve (12) hours of occurrence. 2. All irrigation systems shall be tested and, inspected a minimum of once every week (excluding Saturday and Sunday) and a written report shall be submitted biweekly in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system was tested. Any changes shall be submitted for approval prior to enactment. Failure to inspect irrigation systems within the required timeframes shall result in a performance deduction. 30 3. All systems shall be adjusted in order to: A. Provide adequate coverage of all landscape areas B. Prevent runoff and/or erosion r� C. Prevent watering roadways, facilities such, as tennis, basketball or handball courts, walkways, trails, fences, and private property D. Match precipitation rates E. Limit evapotranspiration loss using State of California ET area ratings. F. Limit hazardous conditions G. Contractor will adjust or clean as necessary all sprinkler heads, quick couplers, or valves to continue operation of maximum efficiency and performance. H. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation. Chemical edging around turf heads will not be permitted. Raising heads or lowering grade and reseeding are options to keeping head height in the correct position for maximum effectiveness. I. Contractor will keep system in adjustment by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressures. This shall be accomplished by valve throttling and pressure gauging. At all times, the valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. At any time, Maintenance Services Supervisor may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. 4. All system malfunctions, damage, and obstructions shall be recorded, and timely corrective action taken. 5. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary. A. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within twelve (12) hours of receipt of written notice. B. Correct deficient irrigation systems and equipment as necessary following notification from the Maintenance Services Supervisor. The Contractor shall turn off irrigation systems immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. C. Once the City representative acknowledges the necessity to turn on the water once again, all controllers shall be, activated within twelve (12) hours. 6. Adjustment, damage, and repairs shall be divided into the following categories and actions: 31 �Y0717tr,7l! 1 A. Any repairs made by the Contractor will be in accordance with the original details. At no time shall contractor install irrigation heads other than what is on-site at the time of inspection. (i.e.: Rainbird irrigation heads will not be installed where Hunter irrigation heads are the uniform irrigation head.) Failure to comply with this issue will result in a performance deduction issued once every day until mismatched irrigation heads are removed, and the proper heads are installed. Contractor shall keep an adequate supply of replacement heads on repair vehicle at all times. Contractor shall make repairs immediately using "like" materials to maintain uniformity and to match application rates. Contractor shall replace, at his cost, any irrigation heads installed improperly or heads that do not match existing or "like" heads. B. All sprinkler heads shall be adjusted to maintain proper coverage.. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system. C. Repairs to the system caused by conditions under which -the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows: Jr) Theft (missing heads) 2) Storm damage (Acts of God) 3) Damage by others 4)• Malfunctions to automatic controller, remote control valves, or pressure lines. D. Damage and repairs shall be divided as follows: 1) Minor repairs shall include, but not be limited to, all irrigation components from, and including, the •valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, and other small parts. The cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system. 2) Major repairs shall include all items before the automatic control. valve including but not limited to backflow devices, pressure regulators, and mainline control wire (except as previously noted). The cost for major repairs, except as noted, will be considered extra services based on the contract labor and unit cost. E. Repairs to the irrigation system, shall be completed within 12 hours after approval of the Irrigation Materials Request Form by Maintenance Services Supervisor for major component damage such as broken irrigation mainlines. 1 F. Contractor shall be responsible for adjusting height of sprinkler risers necessary to compensate for growth of plant material. If pop -ups are used, adjust pop-up height, and do not convert to a riser. 32 G. Work performed by the Contractor and paid for as extra work will be guaranteed for a period of one year by the Contractor. H. Until the ground cover plantings are established, care shall be exercised to minimize silting of walks from soil erosion by the use of proper irrigation programming. The Contractor shall use repeat cycles to eliminate run-off. I. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period. Costs to be deducted from monthly payments will be presented to the Contractor by the City. J. The Maintenance Services Supervisor will conduct spot inspections to check the accuracy of the Contractor's maintenance reports. If discrepancies are found, the Contractor will have twenty-four (24) hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this Contract. K. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface as necessary or when instructed by the Maintenance Services Supervisor. L. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor. M. The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks for repairs to a City -approved repair facility, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the Contractor, will be installed by the Contractor until the permanent controller can be repaired. N. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge. O. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The Maintenance Services Supervisor will confer with the Contractor when the sprinkler system controllers are to be turned back on. P. The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers. Q. Monthly water meter readings are required to be provided to the City by the 10'h of the following month. 7. Personnel A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation 33 controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. B. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. C. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English. 8. Materials A. All replacement materials are to be with original types and models unless a substitute is approved by the Maintenance Services Supervisor:: B. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. C. Contractor shall implement repairs in -accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. D. The cost for all irrigation repairs shall be controlled via the unit bid price for extraordinary irrigation repairs. E. All materials are to be new and identical to existing materials, unless directed otherwise by the Maintenance Services Supervisor. 9. Invoicing A. Irrigation Repair Invoices shall be organized according to controller number and submitted on a weekly basis to reflect work carried out via the irrigation management sheet. 10. Water Management A. All systems shall be programmed weekly and/or as needed to maintain healthy plant material and landscape. f B. All program changes shall be recorded on an Irrigation Management Form. C. Water meter reading for each system shall be submitted on a monthly report the first working day of each month. D. The watering schedule will be established and programmed by the Contractor's landscape maintenance supervisor. Application rates will be based on the amount the planting areas are capable of receiving without excessive run-off. The irrigation system schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied. E. In determining rates of application, soil type, topography, and weather conditions will be taken into consideration. The project sites are equipped with an automatic system which provides for repeat 34 !d717 t ',T717; cycles, applying water over shorter periods of time that will allow for proper infiltration and thereby minimize run-off. F. The irrigation system will be physically inspected a minimum of once per week (excluding Saturday and Sunday) to keep the system operating at an optimum level of efficiency. G. Particular observation shall be paid to. all slope areas which- will, by physical nature, provide for greatest potential runLoff. H. Contractor will be responsible for hand watering any areas not provided with an irrigation system. In those areas where a drip/water saver system is used, the Contractor will be required to hose off or wash dust/soot off plant material bi-weekly or more often if required to prevent plant damage. J. Contractor will submit to the Maintenance Services Supervisor a copy of the irrigation schedule for each controller. K. Contractor will be expected to use minimal amount of water in all areas but maintain healthy plant growth. L. Where moisture sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the Maintenance Services Supervisor will be notified immediately. M. Automatic controllers will be kept locked at all times. N. All non -stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the Maintenance Services Supervisor. New enclosures shall be made of stainless steel. O. Contractor will maintain an active "site schedule" in each controller enclosure. Any changes made in the field or to the current program will be documented on the site schedule to ensure the most recent, active schedule is represented upon review by Maintenance Services Supervisor. GUARANTEE AND/OR REPLACEMENT POLICY The contractor has the ultimate responsibility to ensure that all landscaping and turf grass is maintained in healthy and aesthetically pleasing condition. All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind, storm, vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor at the Contractor's expense, if it is determined by Maintenance Services Supervisor that they died due to Contractor's negligence. All existing plant material that dies as a result of contractor negligence shall be, replaced at the Contractor's expense. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at his expense. 35 GENERAL PROVISIONS Minimum Staffina Reauirements Contractor shall provide adequate staffing levels to service this contract to ensure, maintenance activities are completed according to the schedule intervals required herein. If contractor falls behind schedule additional staff will be required at contractor's expense to ensure schedules are adhered to. The -City requires that the contractor provide one full-time (1) irrigator and one full-time (1) irrigation assistant. The City requires that the contractor provide four full-time (4) median/weed abatement crew maintenance workers and four full-time (4) mow crew workers to provide service throughout the City. Completion of Extra Work Contractor must utilize separate crews to provide all extra work activities. Contractor may not use regular maintenance crews for extras. Regularly scheduled maintenance work shall be completed in conjunction with extra work and cannot be postponed in order to complete extra work. Failure to comply with this requirement shall result in a $500 performance deficiency deduction per incident. Storage Yard The, City will provide a storage yard for the Contractor's use to store vehicles .and equipment used to provide maintenance services to the City of Seal Beach. The storage yard is located at the northwest end of Adolfo Lopez Drive. The Contractor shall store ONLY VEHICLES & EQUIPMENT THAT IS ASSOCEATED WITH THE CITY OF SEAL BEACH LANDSCAPE MAINTENANCE CONTRACT. Failure to adhere to this requirement will" result in the termination of the yard agreement and/or termination of this contract. It is the contractor's responsibility to verify the size and location of the storage yard. The City will provide a 40 CY tallboy bin in the yard for disposal of landscape waste collected within the City of Seal Beach only. The bin will be emptied weekly. Any damage'to the yard shall be repaired at the sole expense of the contractor. Turfgrass Maintenance — Zoeter Park, Arbor Park & Bluebell Park Contractor shall provide designated mowers to each sports field to prevent cross -contamination Bermudagrass maintenance (Apr -Oct) Mowing: Once Bermuda grass comes out of dormancy begin mowing at W height to reduce shade from cool - season grasses and allow more heat to the crown of the Bermuda plant with a reel mower. Mowing frequency should be 1x per week. Clippings can be left if the 1/3 rule is followed. Hybrid Bermuda prefers a mowing height Of '/ Fertilization: Apply a complete fertilizer at a rate of 1 lb of N per 1000sf every month. In June and July, the amount of N can be increased to 1.5 lbs per 1000 square feet or an additional application of'/ Ib per 1000 square feet can be applied two weeks following the 1 Ib N application. The ratio of nitrogen (N) to. potassium (K) should be close to equal with phosphorous (P) '/4 that of N. and K. Fertilizer selected .should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micronutrients (iron, manganese, zinc, copper and boron) at the label rate in June and July — this can be either in granular form or liquid form if spray equipment is available. Dethatching: Vertical mow all turf grass areas in June or July at the completion of field activity. Vertical cutting M blades should be spaced approximately every W and set to the depth of the soil surface. If equipment has vertical blade spacing greater than 2" then make 2 passes at right angles over entire area. Debris should be removed. Vertical mowing will provide some viable stolons that can be placed in heavily worn areas for establishment. a Aeration: All sports field turf areas should be core aerified every month. Deep -tine aeration is to be performed once a year.in the summer when the fields are not in use. Depending on the depth of irrigation pipes aerating to a 12" depth is required. If deep -tine aeration is not an option, then core aerating to a minimum of 3" is recommended. Cores must be collected from the field at the conclusion of each workday. Topdressing: Topdressing should be performed at the same time aeration takes place. Topdressing mix should consist of 90% washed medium sand (.5mm-.25mm)� and 10% finely composted organic material. Application rate should be approximately 40 cubic yards per acre. Perennial Ryegrass / Tall Fescue Maintenance (Oct -Apr) Mowing: Raise the height of cut to 1" and mow 1x per week. Mowing should be done with a reel type mower. Clippings can be left if the 1/3' rule is followed. Fertilization: Apply a complete fertilizer at a rate of 3/ lb of N per 1000 square feet every month. The ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) % that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micronutrients (iron, manganese, zinc, copper, and boron) at the label rate in November — this can be either in granular form or liquid form if spray equipment is available. Aeration: All turf grass areas should be core aerified every month. Cores must be collected and removed by the end of each workday. Since the fields are in heavy use during this time of the` year solid -tine aeration can be used effectively to minimize surface disruption. It is, however, important to create an avenue at the soil surface for water, oxygen and carbon dioxide exchange with the atmosphere. Topdressing: Topdressing should be performed at the same time aeration takes place. Topdressing mix should consist of 90% washed medium sand (.5mm-.25mm) and 10% finely composted organic material. Application rate should be approximately 20 cubic yards per acre for minimum impact on field activity. Overseeding: Because of the heavy use periods during the winter when the preferred Bermuda grass is dormant over seeding is necessary to support field activity. Over seeding should be performed as follows: • Overseed in late September to mid-October • Mow grass at 3/" height and leave clippings. • Spike with solid tines to a'/" depth • Uniformly apply 3 -way blend of perennial ryegrass with a broadcast spreader (Lely pull -behind, etc) at 10-15 lbs per 1000 square feet • Top dress with a mix of 90% medium washed sand and 10% organic at a rate of 40 cubic yards per acre • Fertilize with a pre -plant fertilizer (BEST 6-20-20, etc) at 1 Ib P and K per 1000 square feet • Irrigate with enough water to move seed down to the soil surface (amount of water dependent on scheduled field activity) • Seed must remain in contact with soil; seed kept moist until germination; seedling not allowed to dry out 37 during establishment (10 days typically) Specialty Areas All play and sports equipment shall be inspected for vandalism, safety hazards and serviceability daily (rainy days included). Deficiencies shall be reported in writing immediately to the Maintenance Services Supervisor. Play equipment shall be pressure washed on a quarterly basis or as directed by the Maintenance Services Supervisor. Sand Court Areas A. These areas shall include tot lots, play areas, volleyball courts, etc. B. All areas shall be maintained weed and spider web free on a daily basis (rainy days included). C. By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. ,D. All sand areas shall be raked level and free of any foreign debris on a daily basis (rainy, days included). Sidewalks adjacent to tot lots shalFbe swept daily, as required. E. If at any time, due to inclement weather or other causes, the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately (rainy days included). Engineered Wood Fiber/ Playground Chips A. Level under play equipment daily and rototill by the 10th,of every month or when directed by the Maintenance Services Supervisor. B. All areas should be kept weed free on a daily basis. C.. All areas should be kept trash and debris free on a daily basis. D. If at any time, due to inclement weather or other causes, the Engineered Wood fiber areas become flooded and there is standing water, it will be the contractor's responsibility to remove water immediately (rainy days included). E. No foreign debris (sand, soil, etc.) should be allowed to mix with engineered wood fiber surfacing. Rubberized Surface Areas t A. All areas shall be maintained weed free on a daily basis (rainy days included) B. All areas shall be kept trash and debris free on a daily basis (rainy days included) 38 C. All areas shall be cleaned daily (rainy days included). Method of cleaning to be determined by the Maintenance Services Supervisor IE: water, broom, gas blower, pressure washer etc. Any damage to rubber playground surfaces must be reported, to the Maintenance Services Supervisor immediately. Hard Surface Areas A. These areas shall include concrete sidewalks, tennis courts, handball courts, basketball courts, bicycle trails, A.C. walkways, etc. B. All areas shall be swept weekly to remove all deposits of silt and/or sand. Hazardous materials and substances will be removed immediately. C. All areas shall be inspected daily (rainy days included) and maintained in a neat, clean, and safe condition at all times. D. Cracks and crevices shall be kept free of weeds at all times. Expansion joint compound sealer shall be used to fill any gaps found. Contractor will be required to paint any sidewalk trip hazards in fluorescent orange or white paint immediately when discovered. E. Once a week all areas shall be thoroughly cleaned by sweeping, blowing or pressure washing as needed. F. Special emphasis shall be placed on chemical edging along these asphalt trails to prevent damage by vegetation. All such damage shall be repaired at the Contractor's expense. General Facility Operations A. All drinking fountains shall be kept clean and operational at all times. B. Minor repairs, including but not limited to, unclogging drains, replacing damaged or broken parts, shall be included in the bid price for these services. C. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed. D. Every instance of damage shall be reported to the Maintenance Services Supervisor in writing. E. Should damage be repetitive, the Maintenance Services Supervisor will evaluate replacement with a more damage resistant model through extra work or separate action. F. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. G. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily. H. All security and sports area lighting shall be inspected weekly, and damaged or malfunctioning equipment shall be reported to the Maintenance Services Supervisor. 39 I. At no time will Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters). 40 E "M EXHIBIT B CITY LANDSCAPE AREA MAP 41 � c N U U , Ca m LD C) cn O J U C U .F r ?+ C U CL c m LD CL c m CU i5 15 R a v Z d ca w w -0 a = � W t Z ar a a _ m o a n - w z ,� I t m o o IL a Y EXHIBIT C SAMPLE CONTRACT 42 PROFESSIONAL MAINTENANCE AGREEMENT for City -Wide Landscape Maintenance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 E0 <Contractor Name> <Ad d ress> <City, State, Zip Code> <Phone Number> This_ Professional Maintenance Agreement ("the Agreement") is made as of <INSERT DATE; (the "Effective Date"), by and between <INSERT CONTRACTOR NAME> ("Contractor"), <INSERT][TYPE OF LEGAL ENTITY (e.g., a California corporation,♦ partnership, limited liability company, sole proprietorship, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task utility maintenance and repair services. B. City desires to engage Contractor to provide on-call emergency and unexpected task utility maintenance and repair services in, the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal membersof its firm are qualified California licensed contractors <insert license number and DIR> and are fully qualified to perform the services contempiated bji-.this Agreement in a good and professional manner; and it desires to performvsuch'services as provided herein. NOW THEREFORE, in consideration ._of the`,Parties' performancerof�the promises, covenants, and conditionsfstat_ d&hereinr the Parties iieretd agree as follows. AGREEMENT',�;'` 1.0 Scope of Services\V\\ \\ 1�\ 1.1. Strictly on\�on-calf \mergency or unexpected task basis, Contractor shall proviele\�those utility maintenance and repair services (collectively "Se ices") set,forth\`'e 'Request for Proposal (Exhibit A), and ContractorVProp sa`(Exhibit\B), attached and incorporated herein by this reference. To the extent that there�s any conflict between Exhibit A,, Exhibit B, and-thisLAgreemeht, this�Agreement shall control. Given the on-call emergency or/unexpected task nature df -this -Contract, Contractor acknowledges that there is no: guarantee that City shall request any Services hereunder. 1_.2.__—Conttactor\shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In _performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor,. and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the 2of15 Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the. City shall not operate as a release,of Contractor from such standard of care and workmanship. 1.5. Contractor will not: be compensated for any work performed not specified oin the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional -work in excess of ths.amount requires prior City Council authorization. r. 2.0 Term 2.1. The term of this Agreement shall. -commence as.,of the_Effective Date and shall continue for a term of<SPECIFY NUMBER OF YEARS_»' ("Original Term") and shall expire /at.:rnrdni'giit on' <<INSERT DATE unless sooner terminated or extended as provided by this.�Agreem,ent. 2.2. The City, at its sole.option, ma�y\elect to extendthe Original Term of this Agreement, upon the same: #eras and: conditions, for up to <two (2)> < MOD IFY AS APPROPRIATE>; `additional terrns'of one year each ("extension by providing written notice to Contractor'at least onem onth prior to the expiration of an existing term. Tf tirnely�elected,by the, City, the first extension shall have a term extending from ''<date> `th�ough'., and`A� eluding <date>, unless sooner terminated or„extended pursuant-to-1his Agree ent. If timely elected l?y the 'City, the second extension shall be from <date>” through and including <date> unless sooner terminated ,pursuant to,, thisAreement. Any extension shall not be effective except�'upon�� upon -,execution, of\�a written amendment to this Agreement signed -by the CitytManagerand Contractor's authorized representatives. is Compensation 3:1.: City�wi�l pay. Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the..Ci pay more than the total not -to -exceed amount of $ dollars) -,<INS 'RT CONTRACT AMOUNT>-" for the Original Term. (-- -_19' -- ---- -- 3.2. In the event that City elects to extend tfie Original Term in accordance with Section 2.2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $ dollars <INSERT DOLLAR AMOUNT, --------- - �-- --- ) -- --- - - -- - ----- - — -- -_ PAYABLE FOR EACH -EXTENDED TERM>' for each extension. 3of15 3.3. Contractor will not be compensated for any work performed not authorized by City and specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager -may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices -for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during \'the period, the ,days worked, number of hours worked, the hourly ratescharged,; and the Services' performed for each day in the period. City will,pay-Con Tactor within 30 days -,of receiving Contractor's invoice. City will not withhold any applicablia federal or state payroll and other required taxes, or othertiautl brzed deductions 6ompayments made to Contractor. 4.2. Upon 24-hour notice agents or representatives to insp business hours all record` in records maintained by "ConfradbM under this Section 4.2 shall survive this Aareement�_ 5.0 T Contractor shall allow City or City's ntract&s .offices during reasonable aids, cost control sheets and other on; Iwith this Agreement. City's rights (3) years following the termination of �' 5.1. This `Agreement`m@y be terminated by City, without cause, or by Contractor based on,,reasonable cause, upon giving the other party written notice thereof node ss than 36"days prior to the date of termination. 5.2. This Ag'reernent may be terminated by City, upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement 6L.comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. <SPECIFY NAME>: is the Contractor's primary representative for purposes of this Agreement. <SPECIFY NAME> shall be responsible during the 4of15 term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and. addressed to the party at the following addresses: To City: City of Seal Beach. 211-8ih-Street Seal Beach., California 59,0740 / Attn:-City�'Manager `� To Contractor: `V -,<Contractor> \,. Address> i City, State, Zip Code>' Attn: <Contractor Representative- �, ,` , 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regaidless�of the method of,service:-` 8.0 8.1. Contractor is an independent'contractor and not an employee of the City. All work or other ery\estprovided pursuant to this. Agreement shall be performed by Contractor,'or-ly',Contr-actor's employees or other personnel under Contractor's supervision ,/and `G retractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and, local law to perform such Services, including, without limitation, a City of Seal Beach business 1-66nse-ps`,required by the Seal Beach Municipal Code. Contractor will determine the means methods, and details by which Contractor's personnel will perform the Services Contractor ,shall be solely responsible for the satisfactory work performance-rof all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as 5of15 an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform ,all Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance .of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City. may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining -- to the Services under this Agreement. 8.3. Contractor shall be resonsiblejor and pay all wages salaries, benefits and other- amounts due to Contractbras personnel in connection with their performance of any Services under,this Agreement and,., as ,req`uired by law. Contractor shall be responsible --for alh reports and obligatji6hs,,respecting such additional personnel, including, but�not�limited to: Social Security taxes, other retirement or pension benefits, ii'ncome..tax withholding, unemployment insurance, disability insurance, and workers' \co`rnpensation 'Insurance. Notwithstanding any other agency, State, or -federal policy; rule` regulation, statute or ordinance to the contrary, Contractors an -'d -,any of `pits \offcers,-Jemployees, agents, and subcontractors providing` , �y;.of�the\Services'under this Agreement shall not become entitled to, and'\herebywaweany claims to, any wages, salaries, on, benefit or any t by limited to,fel ut not g bility to- enro I\in,`or reinstate Ito member h'ip� in, cthe 'nCalifornia PublicEmployees,\Reti emen System ("PERS") as an employee of City, and entitlement to any contribution�to be�paid by City for employer contributions or employee contributions for PERS benefits. 8:4 Contractor, shall indemnify and hold harmless City and its elected officials,' ofFcers \employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, Claims, costs and expenses of any nature to the extent arising from, caused by_,._or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6of15 9.0 PERS Compliance and, Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that,, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code §-20000, the regulations of PERS, and'the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any,of 5ts-Ipersonnel in a manner that will cause City to be in violation,,of the applicable, retirement laws and regulations. 9.2. Indemnification. Contractor—shill,, defend- (with legal' counsel approved by City, whose approval shall,n�ot be unreasonably withheld), indemnify and hold harmless City, and its,City and"its elected officials:,officers employees, servanfis, designated volunteers�an d agentsserving as independent contractors in the role of -City officials, from' any, and all`,liability, damages, claims, costs and expenses of any nature to the \externa`arising-.from, caused by, or relating to Contractor's violation --o f any provisions'�,of this -Section 9.0. This duty of indemnification is in td'ditidn to Contr`actor's- duty toy defend, indemnify and hold harmless as set forthbin any other provjskon ofthis Agreement. 10.0 Confi Contractor covenants`°tha�,all data -„documents, discussion, or other information developed or received by�Co tractor or provided for performance of this Agreement are deernecl�confideial and shall not be disclosed by Contractor without prior written'authonzation by City. City shall grant such authorization if applicable: law -requires`disclosure. All City data shall be returned to City upon the term, :inatiori of this, Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 S-u—bcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Contractor shall not assign or transfer any interest in this Agreement- whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 7of15 13.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times .during regular business hours;"Co'ntractor shall provide City with free access to such records, and the right to. examine and audit the same and to make copies and transcripts as City deems -necessa y, and shall allow inspection of all program, data, information, documents, proceedings and activities and all other matters related to the performance of 66 Services, under this Agreement. Contractor shall retain --all Ma�cial and program%'service records and all other records related ,to the services and performance`of this Agreement for at least three (3) years after.. expiration; termination or final payment under this Agreement, whichever occurs\llater.�'City'sfright's under this Section 13.0 shall survive for; three (3)11.years after expiration,/lermination or final payment under this Agreeinenttwhichever occurs later. 14.0 Safety Requirements\ All work performed under this -Agreement s4all�e performed in such a manner as to provide safety to\the,, public -and: to meet or exceed the safety standards outlined by CAI_ OSHA. The City may -issue restraint or cease and desist orders to Contractormliwin`unsafe or., harmful" -acts are observed or reported relative to the performance\of­tk e -Services Contractor shall maintain the work sites free of hazards to persons and`propertyy r�e✓ulting from its operations. Contractor shall immediately report.to the City�anwhazardous condition noted by Contractor. 15.1. Contractor�shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 8of15 damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services. Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial Gen_era�l Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location orthe'-general aggregate limit shall be twice the required occurrence"Jimit; (2) Automobile Liability: $1,000,000 per accident for bodily injury an.d ;,property damage;/and (3) Workers Compensation in the amount.required \by law and `Employer's Liability: $1,000,000 per accident and in the,,agdregate for bodily` injury or disease. 15.3. The insurance policies shalloritain the following provisions, or Contractor shall provide endorsements on`forms supplied or approved by the City to state: (1) coverage shall hot\b5e:susperided,, voided, reduced or canceled except after 30 days prior written, notice by ;certified mail, return receipt requested, has been[given to the City; (2) any-, failure to comply with reporting or other provisions of the `policies- including\6r'baches of warranties, shall not affect coverage providedeto`the City', its directors, officials, officers, (3) ,coverage shall be priniary!`insurance as respects the City, its directors, officials, officers, employees, agents -,and vo lunteerris,�or if excess, shall stand in an unbroken chain of coverage excess of -the -Contractor's scheduled underlying coverage and that any' insurance or�self-insuranc r aintained by the City, its directors, officials, 1-11 officers, employees � agents and volunteers shall be excess of the Contractor's insurance and shall not b-' a called upon to contribute with it; (4) for general liability insurance, that the City;, its directors, officials, officers, employees, agents and volunteers"shall be covered as additional insureds with respect to the services or operations performed, by or on behalf of the Contractor, including materials, parts or equipment furnisNd in connection with such work; and (5) for automobile liability, that the__._".City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 9of15 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City , agree that the City, its ;elected officials, officers, attorneys, agents, employees, designated volunteers, 'successors, assigns and those City, agents serving as independent contractors -,in the'•role, of City officials (collectively "Indemnitees" in this Section 16:0) should, to the fullest _extent permitted by law, be fully protected from -any loss�'injury.,damage,-,claimJi6bility, lawsuit, cost, expense, attorneys' fees, litigation costs,�defense costs; °co.urt costs and/or any other cost arising out of or inla—hy way related to the performance of this Agreement. Accordingly, the provisions \of, this ,indemnity,/provision are intended by the Parties to bei, interpreted. �and construeda,o- provide the fullest protection possible under the ,law to 'the,,City and all other Indemnitees. Contractor acknowledges that. ,_tkie `City would not have entered into this Agreement in the absence of the',Cbm`nitment of Contractor to indemnify and protect the City and the: -other Indemriit\ees' as setfo�rt,�i in this Agreement. 16.1. Indemni ' ..,`,'T,6o­thia fUllesfexterit permitted by law, the Contractor shall, at its sole cost and,'expense„protect, defend, hold harmless and indemnify the City, its 'elected officials -,.,officers; attorneys, agents, employees, designated volunteers, successors„ assigns and those City agents serving as independent contractors in the, role -of City officials (collectively "Indemnitees” in this Section 16.0`) tom and against any, li'damages, costs, expenses, liabilities, claims, demands, causes of�action, proceedings, judgments, penalties, liens and losses of'4any nature whatsoever, including fees of accountants, attorneys and other professions sl and all \costs associated therewith, and the payment of all consequential dargages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to' the acts or omissions, or willfulmisconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts',costs actually incurred in connection with such defense. The Contractor shall 10 of 15 reimburse the Indemnitees for any and all legal expenses and costs incurred by the "Indemnitees in connection therewith. I 16..2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees frotm"and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of., are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents,\.`servants;) employees, subcontractors, materialmen, contractors or their officersfi agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance )af `this Agreemerit;,including the Indemnitees' .active or passive negligen,ce—, except for,claims or Damages/arising from the sole negligence or willful misconduct of, tha'Indemnitees, as"determined by final arbitration or court decision or by the agrteement,of'the Parties. 16.3. The obligations of ,Contractor under this or any4other provision of this Agreement shall not be, limited by,, the provisions of any workers' compensation act or similar act.'�Coritr.�acto' pressly waives any statutory immunity under such—statutes or laws as to the,, Indemnitees. Contractor's indemnity obligation setfoith.in this'Section,l'6.0 shall not be limited by the limits of any policies of insuran`ce--required 4.or`provided by Contractor pursuant to this Agreement. 16.4. Con'tractor's covenants under this Section 1&0 shall survive the expiration or terminatiorof this Aq4ement. .0 Equal ;Opportu Coritractor affirmatively\represents that it is an equal opportunity employer. Contractor` shall' -\not 'discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry)j'sex, sexual orientation, or age. Such non-discrimination includes, but`~is _.not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor. Certification By its signature hereunder, Contractor certifies that it is aware of the :provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance 11 of 15 in accordance with the provisions of that. Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, :in whole or in part, constitute "public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated, by reference herein. ;',, f 20.0 Entire Agreement, This Agreement contains the entire agreement of the Parties,;with respect to the subject matter hereof, and supersedes all prior,..,negotiations, understandir gs, or agreements. This Agreement may only.be-modified-by a writing signed' both Parties. 21.0 Severability The invalidity in whole or in pari ,of any provisions of this Agreement shall not void or affect the validity of the other provisions 8f�this Agreement. 22.0 Governing raw This Agreement shall be governed ,by�an onstrued in accordance with the laws of the State of California. 23.0 Nb Third Party Rights Not Eidr party shall'betdeemedto,have any rights hereunder against either party as'.aYesult of this Agreement. No waiver of any default shall constitute a waiver of any other default or breach, whether of the -same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; .Conflict of Interest 25.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement; no person having any such interest shall be employed by it. Furthermore, Contractor shall 12 of 15 avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. 'Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona ,fide, employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission-,, gift, percentage," or any other consideration contingent upon the execution of this' -Agreement. Upon any breach or violation'iof this warranty, City shail,,have the right,, at its sole and absolute discretion, to terminate this Agreement' -without furfher,,liability,,.-or to deduct from any sums payable to Contractor�hereun'der the full amount or value of any such fee, commission, percentage, -or gift -\`- 25.3. Contractor warrants any officer or employee of Cid, has any I contractual, financial, proprieta4,z \or,other business of Contractor, and that'if`any such Contractor at any time during the ,term ,oi immediately make a`coMpfete, written\disclo such interest would riot,beti eeme4d a prc applicable laws as described�n this subsecti 26.0 M at it hastino,;'knowledge that terest, wnetner- contractual, non - i e, in this transaction or, in the iterest comes to the knowledge of this;Agreement, Contractor shall .ire of -such interest to City, even if bited "conflict of interest" under m If erthsr\� party commences action against the other party, either legal, administrative or otherwise, ansrng out of or in connection with this Agreement, the. prevailing party�'in `such litigation shall be entitled to have and recover from the losing party all ofi,tts. attorneys' fees and other costs incurred in connection therewith: 27.0.} �xhibits All exhibits referenced in this Agreement are hereby incorporated into° the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants #hat he or she is duly authorized to execute this Agreement on behalf of said party and that 13 of 15 by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 14 of 15 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH 0 Attest: in Jill R. Ingram, City Manager Gloria D. Harper, City Clerk Approved as to Form: M Craig A. Steele, e CONTRACTOR: _ <Contractor> a' <INSERT TYPE OF ENTITY California corporation>' By: Name: Its: f " By: Name':--. Its: \' `. (Please note ;.\two AN required .` for corporations. pursuant to California Corporations Code Section 393 from each of the following categories: (i) the chairperson of the board, the president nor any ..vice president, and (ii) the y, \ \,secretary' any assistant secretary, the �\ chief financial officer or any assistant \ treasurer of such corporation.) 15 of 15 EXHIBIT Request for Proposal EXHIBIT B Contractor's Proposal EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further,. Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the, Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1.725.5, and has provided proof of registration to City prior to the Effective Date of this. Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be. made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public. works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all .apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide :City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall, submit to City. a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1' or any other federal or state law providing for the debarment of contractors from, public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor -.shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in -the performance of this Agreement by Contractor or by any. subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours ,in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to- Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of .eight hours per day at not less than one and one-half times the basic rate of pay. 11., California Labor Code Sections 1860 and 3700 provide that every employer will be .required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. !J7 J3 17:1 7V 7-1 l r EXHIBIT D PRICE PROPOSAL 43 Item No. 1 Item No. 2 Prevailing wages are required on this contract. City of Seal Beach BID FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES BASE MAINTENANCE BID SCHEDULE Almond Park - 4600 Almond Avenue 1.8 Acres Quantitv Unit Descrintion Unit Price Anneal Prir_P 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Arbor Park - 4665 Lampson Avenue 11 Acres Quantity Unit Descrintion Subtotal: Unit Prir_e Anneal Prir_p 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 44 Subtotal: .Y' Aster Park - Corner of Aster Street & Candleberry Avenue 0.8 Acre Item No. Quantity Unit Description Unit Price Annual Price 3 Item No. 4 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Bluebell Park - Corner of Bluebell Street & Almond Avenue 1.3 Acres Quantitv Unit Description Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance - 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Corsair Park - Corsair Way 0.3 Acre Item No. Quantity Unit Description Unit Price Annual Price 5 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 45 Edison Park - 99 College Park Drive 17.2 Acres Item No. Quantity, Unit Description Unit Price Annual,Price 6 365 DAILY General /Daily Maintenance r 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Eisenhower Park - @ Ocean Avenue & Main Street 1.5 Acres Item No. Quantity Unit Description Unit Price Annual'Price 7 Item No. 8 365 DAILY General /Daily Maintenance r 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Electric Green Belt - Electric Ave. between Seal Beach Blvd. & Marina Dr. 8.4 Acres Quantity Unit Descriotion Unit Price Annual. Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: •�Y Greenbelt Pocket Park -151h & 160' St. 4.8 Acres Item No. Quant ity Unit Description Unit Price Annual Price 9 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Heather Park - Corner of Heather Street & Lampson Avenue 1.6 Acres Item No. Quantity Unit Description Unit Price Annual Price 10 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Heron Pointe Easement — Gum Grove Park — Seal Beach Blvd. 1.6 Acres Item No. Quantity Unit Description Unit Price Annual Price 11 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 47 w�-f%r„ ter' _ ts�?%Ncc r�+S N��r-•`. Marina Park -151 Marina Drive 1.5 Acres Item No. Quantity, Unit Description Unit Price Annual Price 12 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal: River's End Park 4.8 Acres Item No. Quantity Unit Description Unit Price Annual Price 13 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Schooner Park - Schooner Way 1.5 Acres Item No. Quantity Unit Description Unit Price Annual Price 14 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance , 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 48 Windsurf Park -1st Street @ Ocean Avenue 1.1 Acres Item No. Quantity Unit Description Unit Price Annual Price 15 Item No. 16 Item No. 17 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Zoeter Green Belt - Comer of 12th Street & Landing Avenue 1.2 Acres Quantity Unit , 11 Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Zoeter Field Comer of 12th Street & Landing Avenue 1.8 Acres Ouantity Unit nPcr_rintinn Subtotal: Unit Prir_a Anneal Priya 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 49 Subtotal: PLANTED MEDIANS First Street - between Marina Drive & Pacific Coast Hwy. 1,650 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 18 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Fourth Street - 4th Street & Central Avenue (Traffic Circle Planter) 900 square feet Item No. Quantity Unit Description Unit Price Annual. Price 19 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Lampson Avenue - Basswood Avenue, East to City Limits 6,200 lineal feet Item No. Quantity Unit Description Unit Price Annual Prlce 20 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 50 Marina Drive - @ First Street, West to Bridge 300 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 21 Item No. 22 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Pacific Coast Hwy. - From West City Limits, East to Seal Beach Blvd. 3,184 lineal feet Quantity Unit r]psr_rintinn I Init Prion Annnml Priv-n 365 DAILY General / Daily Maintenance Item 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. - South of North Gate Rd. % 405 Fwy. to Westminster Ave. 4,325 lineal feet General /Daily Maintenance Item No. QuantItV Unit Description Unit Price Annual Price 23 24 BIWEEKLY Landscape Maintenance 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 51 Item No. 24 Seal Beach Blvd. - South of Westminster Ave. to Adolfo Lopez Drive 2,300 lineal feet L)nantity I ]nit Decr_rintinn ,��-a3_. ��fir., �i•.. cl��c-�tl c�/T)N�r-•L,. -1 f Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal: Seal Beach Blvd. - South of Adolfo Lopez Drive to Bolsa Ave. 2,121 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 25 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal: Seal Beach Blvd. - South of Bolsa Avenue to Pacific Coast Hwy. 875 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 26 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 Landscape Maintenance WEEKLY 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 52 Item No. 27 Item No. 28 Seal Beach Blvd. - South of Pacific.Coast Hwy. 220 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Westminster Avenue - West of Kitts Hwy. to East City Limits - Long Beach Border 1,400 lineal feet Quantity Unit Descriution Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 53 Subtotal: PLANTED PARKWAYS Almond Avenue - South Side, Between Aster Street & Violet Street 5,000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 29 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Balboa Avenue - East Side, Between Pacific Coast Hwy. & Bolsa Ave. 600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 30 Item No. 31 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Bolsa Avenue - North Side, Seal Beach Blvd. to Silver Shoals Ave. 3,020 lineal feet Miinntity Unit DPcr_rintinn Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 52 WEEK Hardscape Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: r 54 / Catalina Ave. Cul -De -Sac, East of Crestview Ave. 736 square feet Item No. Quantity Unit Description Unit Price Annual Price 32 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 1 WEEK I Irrigation System Maintenance Subtotal: First Street - East Side, Marina Drive to Pacific Coast Hwy. 700 lineal feet Item Y No. Quantity Unit Description Unit Price Annual Price 33 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Lampson Ave. - North & South Sides, Basswood Ave. to East City Limits - Garden Grove Border 7,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 34 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 55 Main Street - Planters, Between Pacific Coast Hwy. & Ocean Ave. 3,028 square feet Item No. Quantity Unit Description Unit Price Annual Price 35 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape. Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance ' Subtotal: Marina Drive - North Side, Between 1st. Street & 6th. Street 1,360 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 36 Item No. 37 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization ' 52 WEEK Irrigation System Maintenance Subtotal: Ocean Avenue - North Side, Between Main Street & 10th. Street 250 lineal feet I'Init Prica Ann11al 'PrirB 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Item No. 38 Item No. 39 Ocean Avenue - Bulb Outs, North & South Side of Ocean Ave. - Between 1st. St. & Electric Ave. 3,290 square feet Quantitv Unit Desr_rintinn I Init Prie-ca Annual Prirn 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering - May thru Oct: Subtotal: Pacific Coast Hwy. - North Side, from Seal Beach Blvd., West to Balboa Dr. 1,530 lineal feet Quantity Unit Decr_rintinn I In it Prirn Anniiml Driru 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Pacific Coast Hwy. - South Side, from 1st. Street East to 5th. Street 600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 40 365 DAILY ,General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 57 Seal Beach Blvd. - East Side, from Pacific Coast Hwy., South to Electric Ave. 1,400 lineal feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 41 52 WEEK Turf Grass Maintenance 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 52 WEEK Hardscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. - East Side, from North Gate Road/405 Fwy. - South to Westminster Ave. 4,000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 42 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 58 f SPECIAL LANDSCAPE DISTRICTS Seal Beach Blvd. Median - from Old Ranch Pkwy. North to Plymouth Dr. - 4,200 lineal feet Item No. Quantity Unit Description Unit'Price Annual Price 43 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization—r- y 52 WEEK Irrigation System Maintenance Subtotal: Lampson Ave. Median - from Seal Beach Blvd., just East of Old Ranch Plaza 600 lineal feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 44 24 BIWEEKLY Landscape Maintenance 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. Parkway - East Side, from Old Ranch Pkwy to Lampson Ave. 800 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 45 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 59 Item No. 46 Item No. 47 J 1 r Lampson Ave. Parkway - South Side, from Seal Beach Blvd -to the Seal Beach Tennis Center 2,500 lineal feet Quantitv Unit Description Unit Price Annual Price - 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. Parkway - East Side, from Lampson Ave. to Plymouth Dr. 2,600 lineal feet Onnntity Unit Descrintion F Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance We Subtotal: TRACT ENTRIES Bridgeport Tract Entry - 5th. Street @ Electric Avenue 1000 lineal feet Item No. Quantity Unit Description 'Unit Price Annual Price 48 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park East Tract Entry - Lampson Ave. @ Candleberry Avenue 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 49 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park East Tract Entry - Lampson Ave. @ Heather Street 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 50 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 61 1 I l College Park East Tract Entry - Lampson Ave. @ Rose Street 400 square feet Item No. Quantity Unit Description - Unit Price Annual Price 51 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park East Tract Entry - Lampson Ave. @ Tulip Street 400 square feet Item No. Quantity Unit Description Unit Price Annual Price 52 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal Seal Beach Entry Signs - East Lampson Ave. at Garden Grove Border 2,176 square feet Item No. Quantity Unit Description Unit Price Annual Price 53 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 5u btotal: 62 Seal Beach Entry Sign - Corner of Seal Beach Blvd. & North Gate Road 15,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 54 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park West Entry - College Park Drive @Loyola Plaza 4,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 55 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park Drive Median : College Park Drive @ Loyola Plaza 180 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 56 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 63 Item No. 57 2nd. Street Entry Sign - 2nd. Street.@ Central Avenue 5,500 square feet Quantity Unit Descriotion r Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACHFertilization 52 WEEK Irrigation System Maintenance 64 Subtotal: BUILDINGS, FACILITIES & GROUNDS 8th Street Parking Lot - Corner of 8th. Street & Ocean Avenue 19,200 square feet Item No. 58 Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control Subtotal: Beach Facility Restroom Planters - At the Pier 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 59 365 DAILY General /Daily Maintenance ' 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Beverly Manor Reservoir Landscape - 3131 North Gate Road 6,608 square feet - outside area Item No. Quantity Unit Description Unit Price Annual Price 60 365 DAILY General /Daily Maintenance ' 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 65 ��-; t Lfl , /✓� - L��[=-l!.! (�/1)N./!-fey . -J l Fire Station # 48 - 3131 North Gate Road 53,800 square feet Item No. Quantity Unit Description Unit Price Annual Price 61 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance ' 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal: Lampson Well Site - 4307 Lampson Avenue 820 lineal feet - outside area 1,360 square feet - inside area Item No. Quantity Unit Description Unit Price Annual Price 62 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: City Hall Building -.211 8th. Street 7,400 square feet Item No. Quantity Unit Description Unit Price Annual Price 63 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Item No. 64 Mary Wilson Library - 700 Electric Avenue 20,700 square feet Quantitv Unit nacrrintinn I Init Prirn Annn�l 0-- 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Fire Station # 44 -100 8th. Street 8,800 square feet Item No. Quantity Unit Description Unit Price Annual Price 65 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Heritage Square Parking Lots - East & West Sides of Main Street - at Electric Avenue 33,000 square feet Item No. QuantitV Unit Description Unit Price Annual Price 66 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal Subtotal: 67 Main Street Parking Lot -100 Block of Main Street, East Side 16,300 square feet Item No. Quantity Unit Description Unit Price Annual Price 67 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Marina Community Center -151 Marina Drive 20,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 68 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Police Department Building - 911 Seal Beach Blvd. 33,500 square feet Item No. Quantity Unit Description Unit Price Annual Price 69 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: �3 Item No. 70 Sewer Pump Station # 35 - Seal Beach Blvd. @ Electric Avenue 4,300 square feet niinntity P I Init no--r_rintinn Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control , 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Tennis Center - 3900 Lampson Avenue 254,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 71 365 DAILY General /Daily Maintenance 52 WEEK Weed Control , 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: North Seal Beach Community Center - 3333 St. Cloud Drive 7,700 square feet Item No. Quantity Unit Description Unit Price Annual Price 72 365 DAILY General /Daily Maintenance 52 WEEK Weed Control , 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: i '��• I �cfr„ ids ._.%��c! t%/+)f��icr f J7 ( 717; HARDSCAPE MAINTENANCE AREAS Road Shoulder, Sidewalk, Tree & Shrub Watering North Gate Road - North & South Sides from Reservoir to - North Leisure World Gate 3,600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 73 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance Subtotal: North Gate Road Bike Trail - End of North Gate Road to - San Gabriel River Bike Trail 2,500 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 74 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance Subtotal: Lampson Ave. - North & South Sides from Basswood St., East to City Limits 10,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 75 365 DAILY General /Daily Maintenance 52 WEEK Weed Control / Tree Well Maint 52 WEEK Hardscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering,- May thru Oct. Subtotal: 70 I First Street - East Side from Marina Drive to Pacific Coast Hwy. 2,000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 76 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Main Street - East & West Sides from Ocean Ave. to Pacific Coast Hwy. 3,168 square feet 3,600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 77 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance 52 WEEK Clean Gutters / Planter Areas 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering - May thru Oct. 52 WEEK Irrigation System Maintenance Subtotal: Landing Ave. - North & South Sides from Seal Beach Blvd. to 12th. Street 2,456 lineal feet 1 Item No. QuantitV Unit Description Unit Price Annual Price 78 365 DAILY General /Daily Maintenance 52 WEEK Weed Control / Tree Well Maint 26 WEEK Hand Watering - May thru Oct. 2 EACH Fertilization Subtotal: 71 =�fr ter• ���ri( !�/tl�i�al Pacific Coast Hwy. - North Side from 8th. Street, West to City Limits r 1,450 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 79 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance Subtotal: Seal Beach Blvd. - West Side, from Bolsa Ave., North to - Gum Grove Park Expansion 1,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 80 Item No. 81 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering - May thru Oct. Subtotal: Westminster. Ave. North & South Sides from Seal Beach Blvd. to East City Limits / Bolsa Chica Road 10,500 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILYGeneral / Daily Maintenance 52 WEEK Weed Control Subtotal: Westminster Ave. - North Side, The Area Between the Curb & Gutter and the Flood Control Channel. From the Post Office West to the City Limits / Long Beach Border. 3,700 lineal feet ; Item 82 Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 72 Subtotal: Bolsa Avenue - South Side, Riviera Dr. to Balboa Drive 1,100 lineal feet Item No. Quantity Unit 83 Description Unit Price Annual Price 365 DAILY General / Daily Maintenance $ $ 52 WEEK Weed Control $ $ 52 WEEK Hardscape Maintenance $ $ Subtotal: SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES) r EXTRA WORK BID SCHEDULE In the blanks provided, fill in the unit price to furnish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable sales and use taxes. Irrigation Heads and Associated Repair Parts Item Estimated No. Description Quantity Unit Price Total # 1 Hunter 1-40 Pop U Stainless Steel 20 $ $ # 2 Hunter 1-25 Pop U Stainless Steel 100 $ $ # 3 Hunter 1-20 Pop U Stainless Steel 250 $ $ # 4 Hunter PGP ADJ Pop Up 50 $ $ # 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 1.00 $ $ # 6 Hunter Ultra 4" ADJ SS CK VLV 50 $ $ # 7 -Hunter 4" ADJ Rotor Pop Up 50 $ $ # 8 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50 $ $ # 9 Hunter 12" Spray Pop Up Body Only 50 $ $ #10 Hunter 1" Plas RCV w/ Flow Cntrl Inline 50 $ $ #11 Rain Bird 2" RCV Brs 50 $ $ # 12 Rain Bird 1-1/2 " RCV Brs 50 $ $ # 13 Rain, Bird 1" RCV Brs 50 $ $ # 14 Rain Bird 2" RCV Brs 50 $ $ # 15 Rain Bird 1-1/2 " RCV Plas 50 $ $ # 16 Rain Bird 1" RCV Plas 50 $ $ # 17 Rain Bird Diaphragm Assembly - 200G/EFA 50 $ $ # 18 Rain Bird Diaphragm Assembly - 150G/EFA 50 $ $ #19 Rain Bird Diaphragm Assembly - 75/100 EFA/EFB 50 $ $ # 20 Rain Bird Diaphragm Assembly 150/200 PEB 50 $ $ 73 i �l fL , /✓� - ireF, PAF iVt R, 19 # 21 Rain Bird Diaphragm Assembly 100PE 50 $ $ # 22 Rain Bird Solenoid Assembly - EFB/PEB/PGA 50 $ $ # 23 Rain Bird Dial Pressure Regulator 50 $ $ # 24 Rain Bird 12" Pop Up Body Only SAM PRS 50 $ $ # 25 Rain Bird 6" Po _ Up SAM PRS 50 $ $ # 26 Rain Bird 1804 SAM PRS W/Van Nozzle 75 $ $ # 27 Rain Bird 1806 SAM PRS W/Van Nozzle 75 $ $ # 28 Rain Bird 1812 SAM PRS W/Van Nozzle 75 $ $ # 29 Rain Bird 1" RCV GB -Series 10 $ $ # 30 Rain Bird 1-1/2" RCV GB -Series 10 $ $ # 31 Rain Bird 2" RCV GB -Series 10 $ $ # 32 Superior 3" Non Pressure Regulating Brass Valve 2 $ $ # 33 Rain Bird 3/4" 3 -RC Quick Coupling Valve 10 $ $ # 34 Rain Bird 1" 44 -RC Quick Coupling Valve 5 $ $ # 35 Plastic / Rectangular RCV Box W/ Lid 50 $ $ # 36 Plastic / Round QCV Box W/ Lid 25 $ $ # 37 Rain Bird 1" Valve Replacement Diaphragm Brass 25 $ $ #38 Rain Bird 1-1/2" Valve Replacement Diaphragm Brass 10 $ $ #39 Rain Bird RCV Replacement Solenoid 20 $ $ Subtotal: $ PLANT MATERIAL (INSTALLED) Item Estimated No. Description Quantity Unit Price Total #40 Annual Color 85 Flats $ Flat $ # 41 Ground Cover 100 Flats $ Flat $ #42 One 1 Gallon Shrub 1000 EA $ EA $ # 43 Five 5 Gallon Shrub 1000 EA $ t EA $ # 44 Fifteen 15 Gallon Shrub 100 EA $ EA $ Subtotal: $ TREES (INSTALLED) Item Estimated No. Description Quantity Unit Price Total Subtotal: _ $ 74 Twenty Four (24) Inch Box Tree W/ Stakes, # 45 Ties & 2 each, 3" X 3Watering Tubes 80 EA $ EA $ Thirty Six (36) Inch Box Tree W/ Stakes, Ties # 46 & 2 each, 3" X 3'Watering Tubes 4 EA $ EA $ # 47 Foliar Insecticide Application 4 Per Tree $ EA $ Subtotal: _ $ 74 Item Estimated No. Description Quantitv Unit Price Total # 48 Rototill 5,000 SF $ SF $ Soil Test 20 EA $ EA $ Mechanical Trenching 500 LF $ LF $ Subtotal: $ E SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Maintenance Labor Rates Each worker performing Work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.goV/disr. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Landscape Maintenance Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work. Description Normal Business Rate Supervisor $ Irrigator $ Laborer $ Emergency After -Hours Rate Bidders understand twenty-four (24) hours, seven days per week (including holidays) emergency response is required within one (1) hour of notification by City. 75 J1��-fLJ ter ' cF?%-ul r��Nia�l. New Construction Labor Rates For the purpose of this section of the agreement all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California labor code. Description Normal Business Rate Emergency After -Hour Rate Supervisor $ $ Irrigator $ $ Laborer $ $ Prevailing wages are required on this contract. Supervisor — Skilled, experienced and competent in landscape maintenance field. The supervisor must be able to communicate clearly in writing and verbally with City Staff. Tasks include the supervision of laborer and irrigator staff in mowing, pruning, weeding, spraying and planting. The supervisor will be responsible to submit all maintenance schedules to the Recreation Manager and report all hazards that are found in the field. Irrigator — Irrigator will be responsible to perform services on the irrigation system including necessary testing and repairs. This work will be limited to the existing irrigation system that exists in the City and does not include installation of new irrigation. Laborer — Laborer will perform normal maintenance duties throughout the City such as mowing, watering, trash, pruning, trimming, weeding, occasional planting, sweeping, blowing and janitorial work incidental to such landscape maintenance. W EXHIBIT B Contractor's Proposal Brie!ghtView Landscape Services City of Seal Beach City -Wide Landscape Maintenance Services BrightView Landscape Services, Inc. prepared by Kristina Schafer - Market Sates Manager — 1960 S Yale St, Santa Ana, CA 92704 T:(949) 438.8528 E: Kristina.Schafer@brigh,tview.com BrighiVliewv City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page I1 June 5, 2023 Sean Sabo Management Analyst Department of Public Works 211 Eight St. Seal Beach, CA 90704 ssabo@sealbeachca.gov (562) 431- 2327 Ext. 1431 We are pleased to submit a proposal for City of Seal Beach, City- Wide Landscape Maintenance Services, due on June 5,2023. Enclosed within this document is our proposed service program of recurring landscape maintenance work to be performed according to the City of Seal Beach's specifications for various public facilities. With over 70' years of experience and industry knowledge, BrightView is the largest full-service landscape company in the United States. In our Landscape Maintenance division, we employ over 20,000+ employees and have 121 branches in 32 states and Puerto Rico. Currently our Orange County Maintenance Division's workload is $60 Million; over 40% is a result of Public Works contracts and 60% is private, commercial and HOA contracts respectively. We lead with local solutions that make sense, while our national reach offers experience in all kinds of markets so you can get the most competitive, cost-effective landscape without cutting, corners. Brightview will provide sufficient labor to meet the City's landscape maintenance standards, to include a full-time supervisor, who will be present and available during work operations. In addition, our expert irrigation technicians will be available to ensure all irrigation system maintenance requirements outlined in the Scope of Work are maintained, and in operable condition. Our licensed chemical advisor and spray technician will be available to provide proper application of all pesticides and make certain that the City's IPM policy is followed. In case of an emergency, the City Manager will have access to the assigned Project Manager and if additional assistance is needed, the Branch Manager. As the current landscape provider for many local municipalities, our proven experience managing these sites make BrightView uniquely qualified to be selected as your landscape maintenance firm. We understand. that BrightView is responsible for delivering a comprehensive landscape management program to provide. the City of Seal Beach with the highest quality commercially accepted methods, procedures, and scientific -controls for landscape maintenance. Our landscape program encompasses a planned approach that focuses, on safety, job quality and pro -active communication. BrightV%eW City of Seal Beach City-Wide Landscape Maintenance Services Business Proposal Page 12 Our management teams are the best in the industry and go through extensive training to ensure all contract guidelines are met for each customer, always delivering on our commitments. BrightView offers a full range of services from general maintenance, design, installation, irrigation, tree services, and horticulture consulting. Minimize your risk and get one team that responds and can deliver landscape solutions across the lifecycle of your community. Legal Name of Contractor: BrightView Landscape Services, Inc. Corporate office location: 980 Jolly Road, Suite 300 Blue Bell, PA 19422 Services will be performed out of the following branch location: 1420 S. Allec St, Anaheim, CA 92805 We are committed to transforming and maintaining. the City's landscaped areas. Our goals are to save you time and money through our tried-and-true horticulture expertise, to maintain for sustainability health and appearance, to stay within your budget and create a completely satisfied partnership We look forward for the opportunity to work with City of Seal Beach on this project. Sincerely, �Taaom sAOT Kristina Schafer Market Sales Manager BrightIrIew City of Seal Beach City-Wide Landscape Maintenance, Services Business Proposal Page 13 TABLE OF CONTENTS Cover Letter 1-2 Table of Contaents 3 Company Qualifications 4-6 Local Staffing List 7-10 Certifications 11-15 Understanding/ Approach .16-31 References 32-36 Fee & Cost Proposal 37-69 (44-76 Seal Beach Paper) Exceptions 70 Business Entity 71-72 Contract Signatories 73-81 grightVizew City of Seal Beach City-Wide Landscape Maintenance Services Business Proposal Page 14 BRIGHTVIEW Taking Care of each other, clients and communities and Taking Pride in trusted relationships and solutions that matter. By striving to deliver excellence in everything we OUR M do, we will realize our vision of leading the landscape At BrightView, the promise of our brand is a commitment to deliver Confidence from Excellence. EXCELLENCE in providing a safe and EXCELLENCE in delivering superior business performance engaging work environment where the best that creates the freedom to continue to invest in our people want to work. people, our clients, and our communities. EXCELLENCE in delivering consistent EXCELLENCE in leading our industry and taking pride in solutions to our clients; every day, beautiful landscapes that make people smile - work that everywhere and by everyone. impacts the lives of millions of people every day. PHILOSOPHY AND QUALIFICATIONS: Our goal is to consistently offer the best value in the marketplace by providing unmatched service, a customized approach focused on your specific priorities and a well-maintained landscape you and the community are proud of. Doing this requires operational excellence. Our ability to systematically deliver high quality landscaping services is the foundation of our value propositionL to our customers. We leverage, our local branch structure, with national support, at over 200 branches and the significant breadth of our offerings allows us to service all .our customers' landscaping needs. We believe our long tenured and experienced employee base has resulted in the development of significant institutional horticultural and technical expertise that we systematically deliver to our customers. In addition, we have dedicated resources to enhance employee training, safety, and compliance and through investments in our business systems, we are able to deliver a seamless, professionally managed service experience. Finally, our branch -led business model, supported by a process -driven management approach, supports our focus on quality of service and repeatable execution. We conduct branch -by -branch reviews and track key operating statistics at a local level to ensure consistency of customer service and operational performance. Our account managers are critical, providing a primary point of contact to the broader BrightView platform and are responsible for the day- to -day support, attention and customized service delivered to customers. The operational practices that allow us to consistently meet our customers' expectations include: BrightView City of Seal Beach City-Wide Landscape Maintenance Services Business Proposal Page 15 OPERATIONAL PRACTICES THAT ALLOW US TO CONSISTENTLY MEET OUR CUSTOMERS' EXPECTATIONS: . Internal Training Program — o Daily stretch and flex activity that allows our teams to communicate goals for the day, speak to potential obstacles and bounce ideas off one another with regards to safety and productivity. o Quarterly rodeos, where a range of topics are addressed and experienced team members lead demonstrations that cover such topics as Irrigation controller programming to safe operating procedures for different types of power equipment. M o This commitment to training has resulted in the creation of our BrightView Quality Standards manual which is used consistently through all of our locations. e The industry's top talent— o We match the specific landscape needs with our most appropriately experienced talent. At BrightView, we have a deep pool of talent. o We recruit from the top horticultural and landscape schools in the country and have an all-encompassing training program that ensures our crews perform at their peak year-round. o Market recruiter helps to ensure new team members are blended with established leaders as we add to our portfolio of work. • State -of =the -art equipment— o Our crews operate high quality.bnd well-maintained equipment and are trained to use the most effective tool for each task on your property. o This results in a better product achieved with greater efficiency and fewer injuries. Horticultural excel lence.— o Plant material looks and performs its best when maintained properly. o Our horticultural experts understand the science of landscape maintenance and will ensure the plant material on your property receives the proper care for each season and as unexpected circumstances arise. 4 • Systematic operations — o We deploy to ensure our crews focus on your priorities and important details are not overlooked. o Our approach is to.design the most effective path of motion for the work to be performed, specify the equipment to be used and supply our crew with detailed site plans that show their daily; weekly, and monthly activities. • Continuous improvement— o We routinely evaluate for safety, quality, and effectiveness in a persistent effort to be better today than we were yesterday. BriglitView? City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 16 Over the past 65+ years, BrightView Landscape Services has become the most trusted name in our industry. We are relied upon to design, maintain and enhance unique places of lasting beauty across the country and around the world. Our track record has demonstrated our unparalleled knowledge and technical ability, outstandingcustomer service and retentionjelentless execution, and a true understanding of customers' needs. In large part, our ability to offer unmatched quality to our customers has been attributed to the tools and systems we have developed over our 60 -year history. The primary systems that support our quality standards include: COMMUNICATION SYSTEMS QUALITY EVALUATIONS Proactive communication that allows us to be highly responsive to emergencies, special requests and acts of nature TRAINING. PROGRAMS Intensive skills, customer relations, and quality training ensure our team can consistently exceed your expectations Management led evaluations that ensure our internal quality standards are met and our employees can achieve continuous improvement SAFETY, STANDARDS Training and incentive programs ensure your property remains hazard free and our employees can return home safely. CUSTOMER SATISFACTION Empirically measured customer satisfaction that is taken seriously. Our goal is 100% satisfied customers PROMPT RESPONSE Fast and courteous response .time to address any unforeseen issues or work order requests. We judge our success by the complete satisfaction of our customers. Every member of your landscape team will strive to earn your trust and loyalty through a proactive relationship in which we consistently perform work of the highest quality with unmatched responsiveness. To meet this goal, we continually collect feedback through a comprehensive customer satisfaction program. We use the valuable insight gained through our survey program to determine system improvements and guide the content of our employee training program. BrightView? i�Pi -, Iros- Key Personnel City, of Seal Beach City -Wide Landscape Maintenance Services Busi.nes.s Proposal - - - Page 17 Joshua Dake, Senior Vice President • Part of the Executive Leadership Team that assist in developing, implementing, and evolving BrightView's industry leading Standard Operation Procedures. • Works Directly with local Orange County teams to assist in leveraging national resources that can be made available to local operations • Served as an Enhancement Manager, Branch manager, VPGM, and currently SVP. • Southwestern California Operations and Development • 13 years with BrightView • Degree in Environmental Science — Virginia Tech *Authorized to negotiate and sign contract Christian Galindo, Vice President and General Manager • Manage the Southern and Central Orange County Branches. Approximately US$ 18 million dollars in revenue, and approximately 200 employees. • Oversee quality of horticultural services, pest and disease management, agronomic programs, customer satisfaction, safety programs, fleet management, and facilities maintenance. • 15 years with BrightView • Bachelor of Science, Environmental Horticulture and Master of Science, Public Horticulture k • Past President of the National Sports Turf Managers Association PROJECTS: Portfolio includes a range of accounts including commercial and industrial properties, small to large retail centers,, homeowners' associations, high end resorts, and public parks. Some jobs include OCFA, Boeing, Allergan and SAMLARC. BrightWeW City of Seal Beach City-Wide Landscape Maintenance Services Business Proposal Page 18 Diego Barrera, Associate Branch Manager • Diego has been in the professional industry for over 15 years. He started with us over 8 years, ago, previously worked at another landscape firm for seven years. He has been managing accounts and crews within our maintenance division and enhancement division. Diego has excellent leadership and management skills and can start-up, develop and grow branches with his expertise. He is OSHA Certified under Safety and Health category. He is currently the Associate Branch Manager for our Anaheim Branch and his continuous training ensures valuable expertise to our clients and employees. He works in close communication with colleagues to ensure smooth operations. He is heavily committed to produce PROJECTS: City of Lake Forest, City of Anaheim, City of Newport Beach RESPONSIBILITIES: Irrigation System, Sports Turf Management, Renovations, Quality Control, Equipment Management, Branch Management, conducts staff meetings to ensure that goals and objectives are clearly communicated with branch staff. BTi,gi' tViiew? City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 19 James Carr, Manager, Regional Irrigation Specialist • Communicates routinely with Account Manager to discuss daily, weekly, and monthly schedule • Work closely with Irrigation Techs, Spray Tech and Landscape crews according to the scope of work • Develop a solid understanding of the contract to provide the services expected in scope of work • Lead the daily operation process to make sure that Contract Specialist priorities and concerns are addressed • Regularly interact with Contract Specialist, providing prompt communication, actively listening, and looking for ways to improve all aspects of Landscape contract • Responsibility will provide and implement a solid water management plan to utilize water usage and cost as efficiently as possible • 20 years' experience in the landscape industry • 5 years with BrightView Landscape Services Experience and Certifications: • Certified Landscape Irrigation Auditor • Certified Backflow Tester #02302391 (American Backflow Prevention Association) • International Certified Society of Arboriculture (ISA) Certified Arborist • Certified Structural Pest Control Applicator (Right -of -Ways, Turf & Ornamental and Industrial/Institutional Weed Control) • Sustainable Landscape Management Certified o tIrrigation Qi ASSOCIA10fr- MghtView? City of Seal Beach City -Wide Landscape Maintenance Services ,,. :. Business Proposal Page 110 Organization Chart — Proposed Project Team Members irrigation r.rigati Tech Assist BrightVI ew Team M ember Service Provided Primary customer contact Account Manager Accountable for customer satisfaction Ensures compliance to job specifications and quality manages crews and subcontractors Ensure readinessofworkers,tools, and materials Production Manager Maintains safe working conditions Trainsfield personnel Ensures delivery of job specifications and quality Ensures r e ddine ss of wur ke r s, Luuls dnd ru dle Ndls Crew Leader Trainsfield personnel Performs and leads job specifications on site BrigiuView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page X11 Other Information — Supporting Documentation Licenses: dCa STATE LICENSE BOARD ACTIVE LICENSE ""`266211 --CORP •••.� BRIGFrWIEW LANDSCAPE SERVICES INC DBA EMERALD LANDSCAPES C2T o....� 03/31/2024 www.csfb ca.4 ov DSR RENT OF PESTICIDE REGULATION .... LICENSIN;OICERTMATION il�lt b QAL 4MJArLIFIED APPLICATOR LICEUM LICENSE M ION96 EXPIRES:12J31#2M Cate! es: B Issued: 11112423 ALBERTO J CANE00 542 BRIDLE PL ESCMD4130. CA 52026 N SM This i nmw cntst I}! shirts ba ark iplp0l�lf 11w of am 01mo or of i emmloskmapQM �uest< Brightvlew? Other Information — Supporting Documentation Certifications: �,SHraioobL+r James Carr NYOROPOIN.T ACCR6DY,TEO C ONTRACTDI\ �u�+r..�e+r..�r CeetirfodOptlJTaw TrriNng.Lavcl t . DptlFfow Inttodueclan • VZ r City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 112 11 r HydroPotnt James Carr 6WOR. 4*� . CSP • CMiflegweAVwTw ff"Ef&uduitadwTra 1wzV=t James Carr > !{YDROPOINTACCRCO RLOCONTRACTOR CSP • CaraKd Vft=TT=8 ti w Ulu-XVJ nT-40M BrightView? Avk-a_%e*. Other Information — Supporting Documentation DIR Registration Contractor Information Legal Entity tilame BRIGHTVIEWLAN05CAPE SERVICES, INC LegaltntityTWe Corporation Active Registration Number 1000005364 Registration effecOve.date 7!112022 Registrationexpiration date 513012023 Mailing Address 27001 Agoura Rd sic 350' fALAgASA5ouo , cA Ugiteii states erA_ PhysicatAddress 27001A8o4ra Rd 5ta 3511 CALASASAS 51301 Cl'! Uriited stat6s bf A,,, Emall Address Trade Name/DaA License Number(s) CSLBF266221 CStB!2b62U d21M 1018 AIA Legal Entity Information ;I Corporation Number. ' 00597434 Federal EmploymentWentification Number. President Name: JEFF HEROLD vice President Name: JOSHUA CAKE Treasurer Name: if ROBERT TYLER k Secretary Name: JONATHAN GOTiS_EGEN CEO Name: JEFF HAROLE) City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 113 hdpsJhamr secure.force.cwdConhactcrSearchAPdnlRdgDetais k egistration `History. Effectivel)aim EkpiratfanUate 6 ''rj20Ii5 6130[2CL19 6/1,412, M7,7,• 4/30/2aia 618/2016 6,,5=d17 6[22/1015 6130f,201#s 11-1312015 61'30 P.15 hU;TJAcad¢ss= Exm.can Ccr**dcrSeaahfikKRagDdats Agent of Service Name: JULTANNE SEELef Agent of Service Mailing Address: 27001 Agoura Rd., Ste 350 CALABASAS 91301 CA United States orAmerica i 71x/20].9 ti/3012010 7[I[20Z4 6/3(1`[20}1 7[1/:2021 613072022 711/2022 613012023 hU;TJAcad¢ss= Exm.can Ccr**dcrSeaahfikKRagDdats Agent of Service Name: JULTANNE SEELef Agent of Service Mailing Address: 27001 Agoura Rd., Ste 350 CALABASAS 91301 CA United States orAmerica i AON October 1, 2022 RE: BrightView Landscapes, LLC. To Whom It May Concern: City of Seal Beach City -Wide Landscape Maintenance .Services Business Proposal Page 114 BrightView Landscapes, LLC -has a,self-insured retention (SIR) on the following insurance policy: Professional Liability in the amount of $250,00.0. The Professional Liability policy, with Allied World Surplus Lines Insurance Company (A.M. Best Rating A), has the following limits of insurance: $10,000,000 Per Claim $10,000,000 Aggregate BrightView Landscapes, LLC (BrightView) is the largest publicly traded landscape contractor and service provider in the nation with revenues in excess of $2 billion. As a national landscape contractor and service provider, purchasing insurance for its large volume of work, BrightView elects to have large deductibles or self-insured retentions to control premium costs. BrightView and its legacy companies have had large deductibles and/or self-insured retentions for over thirteen years and have always paid all amounts owed. Self-insured costs are projected by an independent actuary, budgeted, and reserved for on the company's balance sheet. The insurance companies insuring BrightView under deductible programs and/or providing coverage excess of the company's self-insured retention are financially sound and responsible for payment of losses within their layer of coverage. Best Regards, Ato"n —& Aon Risk Solutions Sean Dent Account Executive Aon I Two Logan Square —100 North 18th Street I Philadelphia, PA, 191031215.255.2000 '°'� �® CERTIFICATE OF LIABILITY INSURANCE DAT 06/30/20 DYYYj 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 poljcy(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 Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, suite 3201 New York NY 10006 USA CONTACT NAME: PHONE 28 866) 3-7122 (A1C. No. Ext): ( (800) 363-0105 E-MAIL ADDRESS: SUER WVD POLICY NUMBER INSURER(s) AFFORDING COVERAGE NAIC # INSURED BrightvieW Landscapes, LLC 980 Jolly Road suite 300 Blue Bell PA 19422 USA INSURERA: Endurance American Insurance Company 10641 INSURERS: ACE American Insurance company 22667 INSURER C: American Guarantee & Liabili'ty Ins Co 26247 INSURER D: XSLG 1 INSURER E: 10 1 0 1 INSURER F: CLAIMS -MADE r"OCCUR 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INISR ADD LTR TYPE OF INSURANCE INSD SUER WVD POLICY NUMBER O C M MIDD O C MM/DDM'YY LIMITS B X COMMERCIAL GENERAL LIABILITY XSLG 1 1 0 10 1 0 1 EACH OCCURRENCE' $2,000,000 CLAIMS -MADE r"OCCUR SIR applies per policy terns & conditions G o $2,000,000 PREMISES Ea occurrence X Contractual Liability MED EXP (Any one person) $10, 000 X XCU Hazard PERSONAL & ADV INJURY $2,000,05-0 GEN'LAGGREGATE'L'IMIT APPLIES PER:GENERALAGGREGATE POLICY ❑X SECT ❑X $5,000,000 PRODUCTS-COMPIOPAGG $5,000,000 LOC OTHER: B AUTOMOBILE LIABILITY II ISA H25260119 ,10/01/2020 10/01/2021 COMBINED SINGLE LIMIT Ea accident $5,000,000 BODILY INJURY (Per person) r7lX ANY AUTO OWNED AUTOS BODILY BODILY INJURY (Per accident) AUTOS ONLY HIREDAUTOS NON -OWNED PROPERTY DAMAGE ONLY AUTOSONLY Per accident C X UMBRELLALIAS X OCCUR AUC508596816 10/01/202010/01/2021 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $3,000,006 DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WLRCS0803867 10/01/2020 10/01/2021 X PER STATUTE 0TH. B YIN ANY PROPRIETOR I PARTNER I EXECUTIVE N10/01/2020,10/01/102E.L. OFFICER/MEMBER EXCLUDED? ❑ NIA WC -AOS SCFC50803880 ER EACH ACCIDENT $2,000,000 (Manda1 Ues,dtoryin un I! yes, describe under DESCRIPTION WC - wI E.L. DISEASE -EA EMPLOYEE $2,000,.000 E.L. DISEASE -POLICY LIMIT S2,000,60-0 OF OPERATIONS below 7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. rotorrrrnw— — ..r.. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. BrightvieW Landscapes, LLC AUTHORIZED REPRESENTATIVE 980 Joll Road Suite 300 Blue Bell PA 19422 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) * The ACORD name and logo are registered marks of ACORD BrightViesrw City of Seal Beach City-Wide Landscape Maintenance Services Business Proposal Page 116 Project Understanding and Work Plan We understand the individual needs for each of the areas under this contract. Based on our prior experience of working with City's throughout CA, our management. and crew members have the familiarity, the knowledge, experience, and management skills that set us apart from the rest. We will follow the scope of work and new recommendations, by the Contract Manager accordingly for services such as: General Daily Maintenance • Fertilizer Application • Irrigation System Maintenance and Water Management • Ground Cover/Vine/Shrub/Tree Trimming Playground Cleanup • Complete Turf Management • Tree Cleanup •, Weed Control • Pest & Rodent Control Our methodology for keeping up with the maintenance operations will be executed by small groups of skilled crews whose schedules are recommend for approval in the next pages that follow but will remain flexible to adjust as required by the needs and instructions of the City Project Manager. We will no longer need to spendr time on initial inspections or discover the specific requirements of the individual sport field; allowing us to move straight into scheduling and commitment to crew size and specialty with the. city's team. Together we can create new priorities and assess any urgent goals for city projects. We offer various benefits to our customers such as our quality control program, expertise in water conservation, fully staffed maintenance facility, sustainable landscape practices, and new cutting-edge technologies. QUALITY CONTROL—At, BrightView, we take proactive steps to ensure that the quality of service is being met and exceeds contract requirements. Providingservice solutions through a single point of contact can expedite and simplify your onsite landscape maintenance needs. Our ability to mobilize quickly on difficult, large scale projects rand consistently complete projects on time and within budget, gives us a unique advantage over our competition. Your Account Manager will be overseeing his crews, along with communicating with the City Poject Managers. The Account Manager will be visiting the job sites frequently to ensure all standards are being met. If needed, they will create punch -lists for the Crew. BrightView City of Seal Beach City-Wide Landscape Maintenance Services Business Proposal Page 117 Project Understanding and Work Plan These BrightView Managersahave decision power over project resources, the ability to make the corrections and report back to both the client and operations department when corrections are complete. We strive to be on the forefront of technology.. All BrightView Supervisors and Foremen carry iPhones to take any calls throughout the day. At no point during the working day is communication cut-off between the field and office staff. Using this proactive method of control, gives our maintenance department the ability to handle issues or emergencies and we can keep our projects in pristine condition. WATER CONSERVATION — BrightView will be providing our expert irrigation professionals to ensure the plants are getting an adequate amount of water, and that watering clocks are set to the proper specifications. Our irrigation technicians recognize that water conservation is crucial to everyone and having an efficient water practice is the key to optimizing water usage. Typically for new jobs we implement a water audit to ensure that proper absorption is occurring in the plant, the irrigation system is running properly, weather conditions and water quality, is being observed, all while keeping costs down. Brightview will also offer the City of Seal Beach at no additional cost, an irrigation asset tracking program to be able to inventory, all irrigation components at each of the sports fields. STAFFING: BrightView has a fully staffed office Monday thru Friday and 24 on-call emergency service. Our equipment maintenance is performed at our, in-house mechanic's shop. Or employees are consistently trained in their individual areas and are fully capable of providing the highest quality of services. We hold a current contractor's C27 license'and are certified in pest control, pest control advising, `tree trimming, water management, and equipment handling. ' With minimal corporate over -head, this means more cost -savings to our clients and faster reaction to concerns and requests. Our current workload is $25Million in maintenance in Orange County. Over 70% is a result of Public Works contracts and 30% is HOA, private and commercial contracts respectively. We are competitively priced in all market segments and our financial stability can be supported by bank references and letters of good standing. We have a bonding capability of over $500Million dollars, and we will be able to provide the requested insurance requirements. SUSTAINABLE LANDSCAPE PRACTICES: Among our efforts, our Green Initiatives also include the recycling of all green waste material removed from the site, to minimize the impact on the environment. This branch has implemented this practice by collecting and bringing 99% of the green recyclable -material from current jobs onto the dispatch facility. BTlghtV_JeW? City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal. Page 118 Project Understanding and Work Plan In additionto our web -based work order.system we provide to customers, our managers utilize tablets and [-phoness-to map/track a site's attributes and to track. personnel data, payroll, work order assignments and ,email communications. We believe that this effort will allow us to more efficiently handle the day-to-day efforts of our entire staff, reduce our carbon footprint through less paperwork and provide exceptional level of customer service to our clients. GENERAL. LANDSCAPE SERVICES:. Litter cleanup, mowing, blowing, trimming, ,and drain/gutter clearing will be done once a week as per the contract specifications with the best practices and minimum disturbance to neighbors, visitors, and facility staff. Supervisors recognize that this is an important matter and will diligently oblige. We recognize that each facility has specific schedules and requirements and have considered the specialist's new recommendations for all are new schedules. WEED AND PEST CONTROL: To ensure healthy and well -kept plants,, BrightView will implement preventative measures, to include active measures to ensure quality by the. crew members. Foremen are trained on a regular basis and will notify the Supervisor of any pest or disease that is present. We are always on the lookout for Pests, and seasons will always be a consideration. As plants are more susceptible to damage and disease under stressful conditions, we provide proper pruning techniques, using well maintained and clean equipment at the facility. In addition, we will monitor adequate moisture and a properly kept irrigation system. When action is necessary, qualified personnel will inspect, assess, and select proper chemicals and recommend environmentally sound organic products for this purpose. On approval from the City Contract Manager, our CIAL will proceed with proper a,pplication.1f irrigation is the cause, our workers will report it and make recommendations to repair when necessary. F SPORTS FIELDS: BrightView especially recognizes that the City's sports fields are a highly valued and trafficked landscape attribute. We have well trained crews that do the work professionally, effectively, and beyond the expectations of those using these areas. With our experience with sports fields, we believe will outperform all tasks set forth in -the Scope of Work, providing quality maintenance with a proactive approach and cost efficient manner. BrightView possesses the knowledge, experience and management skills that set us apart from the rest. With our company's qualifications and resources, we feel confident that our,abilities will not be surpassed. IRRIGATION SERVICES: We will be providing our expert irrigation technicians to ensure the plants are getting an adequate amount of water, and that watering clocks are set to the proper specifications. Our irrigation technicians recognize that water conservation is crucial to everyone and having an efficient water practice is the key to optimizing water usage. BrightView? City of Seal Beach City -Wide Landscape Maintenance Services. Business Proposal Page 119 Project Understanding and Work Plan SAFETY PRACTICES: Safety is a priority at BrightView. Our workers are very aware of their surroundings and participate in daily tailgate safety meetings prior to their shift. Every employee goes through a safety training'program at the beginning of their employment and receives on-going training regarding landscape safety measures. ' While on-site, our employees will be equipped with gear that will protect them and others from being injured. This includes goggles, gloves, hard toed -shoes, long -sleeves and pants, masks, hard-hats and/or reflective attire/equipment-.'Our crew members are provided with water, thermos, and shade to protect them from Illness. Crew leaders have been trained about the dangers and how to act if a safety issue presents itself. Regarding equipment handling, BrightView trains its employees to know how to operate and work around equipment used in the landscape industry. When in the surroundings of equipment or traffic, employees learn signaling to a vehicle, while always wearing their safety vest. Public°safety is heavily "regulated according to all laws and traffic control is done pursuant to the WATCH Handbook Regulations. EQUIPMENT: We have a full-service shop at the branch With`2 —full time mechanics that conduct routine maintenance on all trucks and equipment used on our jobs. Our'crew will have several stocked Ford F-250 trucks, complete with shovels, brooms, pitch forks, rakes, pruners, wheelbarrow, hoes, chainsaws, leaf blowers, and burlaps to manicure each site thoroughly. Two of the trucks will also be equipped with trailers that will haul all the mowers and specialty sports turf equipment for each of the job sites. Our crews possess the most current and up-to-date tools available, which allows BrightView to service each site as, per the City's standards outlined in the Scope pf Work. Our shears, trimmers, mowers, and blades are constantly sharpened for the best cutting edge possible, as to not damage the plant materials. Brightview has larger equipment available in-house, such as boom trucks, tree trimming trucks, bobcats, tractors, dethatchers, and slice aerators if needed for this job. SCHEDULING: Weekly schedules will be submitted to the Contract Manager at the specified due date. They will include the maintenance date for each location and time slot. Any changes will be submitted to the Contract Manager five working days prior to the scheduled work. Yearly maintenance schedules are prepared at the onset of the contract per the scope of work therein the RFP and as defined by the City representative for specified tasks: Such tasks as fertilization, dethatch and aeration which have already been determined in the scope of work are added to the contract yearly outline. The Schedule remains flexible to ensure that any other requests by the City, can be accomplished. BrightViewV City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 120 Project Understanding and Work Plan TURF MANAGEMENT: BrightView recognizes that turf is a wonderful part of all our outdoor spaces, but it is also a highmaintenance attribute. We train our crew members the importance of water efficiency, weed control and fertilizer requirements. They understand the difference between a quality mowing, by maintaining proper height and sharp blades on our mowers. We also distribute quality job aids to our crew members in conjunction with their training, ensuring the highest quality standards. Edging Sidewalks Fordes de las Aceras Great... F.acelente... • Line ofdistinctionbetween the Vass and sidewalk Wea,de distindidn irtkela c6ped ylnsaccra • Cleanappeamnce • .4parianeta ltmpia • All dirt and debris have been removed • Tuda In basum y (term hasidwremovidas Unacceptable... irzaceptable... Gras is growing onto the sidewalk creatinD a '!wiry' appearance E! ccsgetl esta cri-cmidoumba dt:la.emwdo (waaparienein'pefnde • No line ofdistinction between thegrass and sidewalk •NoImyIWA11heactedistineloarntm10c6sped Y (as ucern Mediocre... Corrierrte<.. • Good attempt. but not quite finished • Buetrintarim peso no immuwdo 1Tissed areas due ro opemtodequipment error • �Etcasaltndas,parer_rordeTopararioudrinmaquiaar;a- • Some debris were left on thesidewalk F.scamhrtasque,quCjdaianenGvncerss fER MAP APft MAY ION AlL AUG SEPT QC7 7400 IOEC t h { m fit. i YrLlr aSarn; 'G+ir?�ull,� r .lr .•tom^ r at -4 i -r',rJ6`rdvo ttr�rllt�" Aux, IcTrr4V Asn"d drF uhwLr l kt4d ol.-ry t X- su n° 1%�-1 w �cFhir�c jn�Kxicr{� �:� y . 0001 h VOL" iTf ;t tr i`c Umiri -I y4 14*': to f. ywj amatatr SHRUBS, Vl?.E5 &-WEES MAMTWANC A-1 Ifftw V{;Rrl rr �c'u+n '�TUirf� �rrrt�at S4�C-�rur_� C HEMWA[ 1VEW WJ OL POSTI'HERS1C1QE) t, a IRRIGAnON MARAGEMW �ii€`r ip {irsr�i ,ns�r�i>wn cruel&* own BrightVilew City of Seal Beach City -Wide Landscape Maintenance. Services �"'"�"•' Business Proposal Page 122 Project Understanding and Work Plan QSA -Quality Site Assessment The QSA System is BrightView's nationwide program that helps standardize the quality audit process. Implementing the QSA system will allow us to perform Landscape Quality Evaluations with efficiency and integrity while providing our customers and management a tool to monitor our performance. Our diversified training and communication methods allow us to manage client expectations. proactively. One of the successful ways BrightView ensures quality performance is by utilizing a structured self-evaluation process. The QE system will set the standards for the Landscaping Industry. Technology allows us to dispatch immediately if there is an issue and provide confirmation of completion through photos and prompt reporting. Photos,. Quality Inspection Reports and Quality Site Assessments are also used daily to help identify issues and work order locations, as training tools using before and after shots, and to clarify expectations. This tool provides BrightView: • Review of inspections • Address outstanding concerns and review accomplishments • Develop and collaborate on KPI's Robust financial visibility and strategic guidance • Enable benchmarking and leverage best practice The QSA system was created with 5 key elements in mind: • To communicate with customers on a regular basis, monthly, bimonthly, quarterly, or yearly, based on customer preferences and the size of the account • To provide proactive suggestions for improvement through corrective actions and enhancements proposals • To continuously measure the performance of our team on the job site • To provide a tool for the Branch Manager to. use to assess the status of all maintenance accounts throughout the year • To better gauge the probability of retention of business year to year BrightVtew City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 123 Project Understanding and Work Plan QSA -Quality Site Assessment e:.i1�}iEu (^•.�� liL`igj. ;= Dedicated Account Manner *� Dedimted Landscape Ptoductior'r Dedicated irrigation Spedale d` Quality Site Assessment (QSA) pfow monitors, improves and ensures, gualP •r OSA walk1hroughs keep dear lutes of commun%aron within tits parlrtership. V Toge4w We define gualityr BrightView t 1�lP�C irYRt1 arrAwaawersl.�Rr r �ws i 4Ar+�bfw►wuJtill�/oOPgf� _ �„__._� MCiMwasy0Yps9�rW/rVrRl�sOR'M�wwr�rk9M _ A Iw.M.is.ar.�ssw��rt�•ee+e�itip►rrq��mCwtsr +..sv.. alE o:a:S.�bCiiG.i maw:e7..sAe:+�Fs.sFriui�ti-eiitiseRYir�t'!.� #Ccfraw+�ee�frrr+.erarrria�w.isrres gosrrau.:rw�.aiMw 8rcghiVzetrriV City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 124 Project Understanding and Work Plan Safety a Provide a safe work environment and safety culture that places the highest level of value on the health and welfare of our employees. Instill'a sense of ownership in our employees and to encourage excellence in all aspects of safety. Provide safety and regulatory compliance training that insures our employees have the tools to perform in a safe and productive manner. Promote safety as each employee's responsibility and endorse as a way of life at work and home The safety and well-being of our customers, your property visitors, the public, and our employees is of paramount importance to our operation. Below are measures we employ to maintain a safe working environment on and off your property. RESERVING A SAFE ENVIRONMENT CREW SAFETY Criminal background checks a Initial and random driving record checks Initial and random drug/alcohol screenings a Fully uniformed crews with safety vests Brightview logo clearly displayed on vehicles a "How's my driving?" stickers on vehicles a Required use of cones to demark safety zone Extensive driver safety certification program ry New hire safety orientation Certification required to use a'll power equipment Reward system for safety compliance Mandatory weekly field crew safety meetings Weekly management safety calls BrightView a Project Understanding and Work Plan Safety City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 125 1111chttckwf4let mnicaftramp J wersa,3Nocxtessprst I, J Gautec�ratiotu if t4am ;J' lfeftas3Crtutleriaenf +��`` 4Ytnd�lYirld{ttmaartdrla.tratBt¢ R� 'rVladsfiietdWtperiaprrahural � b7ircat7C[lebl�at�iIItttCCAt .p Pa6k�,igaiia MZ thecic F,�Ea r CampattRtent & >rtuid teve2s J Enginrrn22 Ecvd tweewYl V 'f=m dRk a f x9d tweeMI J ee�ezlvlrntit-aesecc,ret J Bratet�t! J YAtt�ISteidwatSle'fia�sl J EaveWtswem-4and vfftped J Na Qratdaattle $muw YS Check Safety Beau d FheeiiiargtJtsl�ctrdLbl{dtnnnMes!? �, Ftr=tAkt!<it { safetvbh4fetat rYj'� cerei 0) et AnwaifxNT4rIrm;emkxLs*ImrItt=nwt rj advecandve9ictedocmaersbtttese�u ,f I, 67 Check Left Side of Vahtcte 57t1:MPbW trate= t*mf r(L%tr, Imus r:d umr, crm yl tftaddWhofgo165than OUAs-ir0 trm(=rdmzftsr.dafaM if. [alastrmL,gawsamy�m:ent t¢rUydcat3aad tsl�^�ata mum � Eaalxernouesthleazm3atesrstae go xG Chock nearal Yehicte ' "� ��-'B?�SroPacfYAttb �' fasua2 moveati#t dtctnssecare �' t:aeectaltttresforf[atsunar+u�lw�l:ttt� rYj'� Tuiad dcpthar O* k%S tbM gTladWnCh et Imp=rInmfardde= �' Cots4tnr hrg rAftem WwAnt it * to J iiattrsytsseaue 93 Check lights J mcwutpt4-1 wandtkhbeams �' Turns'�mfs �' Bra5nr4�s rYj'� {Src�n}��ttabteattxtscdt�o�ry�rat�rck I;t7fYt4@aLyiittlaihaWT/batt-'F �YYftF or!' Batk uR� �d atarre �' tictxtcapmtoltgM ,f MptEerandc2txanctp�nts it Wi Check Et ht Sideof Vefifcte J lnxFeettseefter��twatweu,tsstx J TnmddeOfsatmlend= Obd"Kh J 1�+!xtd�ts�'d�eMz tbafltet►tli�auisa�prrszrtt Vcri Pdo= =aftxaCL- Oresoma Ew-weamnrahleMerMare aewre COUPLING 1115 faspectTraifer J [haim•u>saaed 4 tf£T,cacm6irtpitv�+sd�ha!tPlrm rYj'� {Src�n}��ttabteattxtscdt�o�ry�rat�rck I;t7fYt4@aLyiittlaihaWT/batt-'F �YYftF E} � -'^""ttiwaaCitlrrovndttors 1 i t � IC�7Eti$tYY:�Er14AnJ` f .,�4�/ F ,+} Chet* ;9* =ffnO=d G°161CS 57t1:MPbW Brigh-View Project Organization and Staffing City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 126 The supervisor to employee ratio is 4:1, 4 Crew Workers for every Foreman. The Foreman is always on site and available to the client to make corrections and guaranty the quality of the work. The area supervision is performed by qualified and trained Supervisors that serve as links between the field personnel and upper management. These Supervisors have decision power over project resources to make any corrections that are necessary and when such corrections are completed, report back to both the client and the operations department. Crew Workers receive on-going training in their individual areas and are fully capable of providing the, highest quality of service. Your assigned main operations office is located at 1420 S. Allec St., Anaheim, CA 92805. We have over 100 employees at this location, to include all crew that will be working on the sites for the City of Seal Beach. Laborers are required to always wear BrightView uniforms while on the job site so our clients can feel comfortable and safe. These uniforms are made-up of our company'logo colors and consist of a button- down, shirt, navy-blue pants, reflective safety vest, hat, and hard -toe work boots. Crew Leaders are identifiable by their blue shirts and Crew Members are identifiable by their green shirts. On the uniforms., they have name and company tags, which are always visible to give City employees access to address any member of our crew. BTig1%tYL-W? City of Seal Beach City -Wide Landscape Maintenance Services Business .Proposal Page 127 Safely Working Near Traffic Purpose Company employees face a variety of hazards in the field every day and working near traffic is among the most serious risks we have to overcome. The best practices listed below were developed to minimize these risks. Planning One of the most dangerous tasks to perform in a roadway is blowing. Plan activities to minimize roadway clean-up activities. Limit clean-up to only those items in our contractual scope. And assess whether blowing is required — minor amounts of debris may not need to be blown. Roadway Safety Basics • Whenever possible, workers should face traffic. Facing traffic maximizes an employee's ability to see hazards and is critical to maintaining safety. If a worker on a roadway cannot face traffic, a shadow vehicle is strongly recommended. • Attempt to cross at'intersections with "stop signs or traffic'lights. Wait for traffic to stop before entering,the roadway. • Minimize time in the road and roadway crossings. Unless unavoidable, roadways should not be used to move people or equipment. When crossing, remember that workers on foot have no right of way outside of crosswalks or at intersecting roads. • High visibility safety vests are required for all workers near traffic. • Wherever possible, signage, cones, flashers, and reflective materials (tape, triangles) should be used to highlight crew activity in or alongside roadways. • Stay focused and aware. Slow down and keep your eyes raised as much as possible — roadway hazards can emerge quickly without warning. • Perform roadway work during daylight hours when feasible; avoid times near sunrise or sunset when the sun may be blinding to drivers. Vehicles The parking of work zone vehicles and equipment in traffic and turn lanes without adequate lane closures is ;prohibited. Always attempt to park in adjacent parking lots or on smaller residential streets. High Risk Roadway Work I • High risk roadways are those where the posted speed limit is 40 MPH or higher or any roadway work performed in darkness. • Crews working these areas must complete additional training. • Completion of this tailgate 'meeting does not, meet the training requirement for high-risk roadway work. Contact your EHS Director for assistancd with training. Personal awareness and attention to your surroundings are the single greatest defenses to avoiding being struck by a moving vehicle. Srigixf;Vx�n,►, City of Seal Beach City -Wide Landscape Maintenance Services Roadway Work Plan Business Proposal _P,age 1228 Purpose Company employees face a variety of hazards in the field every day while working near traffic. Planning activities to minimize Roadway clean-up activities to ensure team safety while working within five feet of the shoulder, impeding a lane of traffic, or in a parking lot. Planning • One of the most dangerous roadway tasks is blowing. Itis loud and can require the operator to be 2-3 feet into the road. • Assess whether blowing is required — minor amounts of debris may not need to be blown. • Take steps to minimize roadway debris. (i.e., Keeping mover chutes closed and not blowing debris into the road) • Where possible, deploy equipment that allows us to blow or vacuum without leaving the curb -line, or mount blowers on appropriately equipped vehicles. • Create Roadway Work Plan when required Roadwork Work Plan: When working within five feet of the shoulder., in a median, where impeding a lane of traffic, or in a parking lot, a Roadway Plan must be developed for that job. Roadway'Work Plan must identify: o Job Name and Job Location o Trained Roadway Safety Team Member o Number of Team Members on Site- • Type of work Planned o Posted Speed Limit o Traffic Conditions o PPE and Vest Needed o Traffic Warning/Control Devices Needed o Drawing of Work Area showing Warning/Control Device Placement l � 1 s s _L Brightview i.t" City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 129 Traffic Cone Placement Purpose Team members face a variety of hazardsin the field. every day while working near traffic. The proper placement and use of traffic cones will help reduce the risk of serious injury or fatality and focus on continued prevention and safe work practices. Plannin • All Maintenance Truck and Trailer combos shall be inspected during dispatch/gate checks to ensure five (5) traffic cones are properly loaded and stored on the vehicles. • All Enhancement, Irrigation and Production Manager vehicles require three (3) traffic cones. • Required: 28" minimum height; orange cone with two reflective stripes and black base. Positioning of Cones for Trucks and Towed Units: • Position cones behind the towed unit, angles toward the curb or side of the road (D.O.T or state guidelines may need tobe used) • One cone positioned in front of the vehicle • One cone positioned alongside between truck and towed unit. High visibility safety vests are required for all workers near traffic. i Truck Towed Unit �3 Positioning of Cones for Vehicles without Towed Units: • One cone positioned behind the yehicle One cone positioned in front of the vehicle One cone positioned alongside the vehicle Tmck 0 *When parked in a legal parking space, place one cone directly behind the vehicle Briglitvt,aw City of Seal Beach City. -Wide Landscape Maintenance Services B.u.slness Proposal Page 130 Roadway Signs and Safety Devices Purpose Team members face a variety of hazards in the field every day while working near traffic. Signage and safety devices.becomean important tool in providing safe working areas for team members. Planning • Provide necessary work zone safety devices; including compliant signage, reflective tape and triangles, and shadowvehicles when required. • Ensure that vehicles working in areas that expose team members to speed limits greater than 40 MPH are equipped with high intensity warning lights mounted upon vehicles and riding equipment. • Maximize visibility wherever possible with signs, cones, flashers and reflective materials to highlight crew activity in oralongside roadways. Roadway Work Zone Vehicles and Ride -on Equipment • .Any vehicle that moves in roadways against traffic or significantly slower than traffic shall be equipped with high intensityrotating, flashing, oscillating, or strobe lights. • Additional reflective tape should be considered on riding equipment. • Vehicles positioned in closed lanes shall have flashers engaged at all times and be appropriately signed and coned perregulation. Signage Requirements: • Work Beyond Shoulder requires "ROAD WORK AHEAD" signs to be spaced apart as indicated in the table, and the number of signs required is dependent on the size of the work zone. • Work on Shoulder/Minor Lane Encroachment requires a "ROAD WORK AHEAD" and "END ROAD WORK" on both sidesof a two-way roadway. Signs to be spaced apart as indicated in table. Cone enforcement is also required. • Work in Median "ROAD WORK AHEAD" signs are required to be placed on the Right and Left side of the roadway on both sides of traffic (four required signs). • Work in a Subdivision requires Advance Warning Signs 'ROAD WORK AHEAD" at all entrances and main intersectionsnear the center of subdivision. • Work in a Parking Lot requires "ROAD WORK AHEAD" signs at entrances and on center islands of parking lots Road Type Distance Between Signs Urban <40 MPH 100 Feet MEN TREE Urban > 40 MPH 350 Feet WORK MOWERS 500 Feet WORKING AHEAD AHEAD Freeway 1000 Feet r Stay connected with your landscape services — anytime, anywhere: With, the new BrightView Connect, managing your landscape services has never been easier. This secure online portal is private to you, with a host of convenient features available on demand. See what BrightView Connect can do for you: View Quality Site Assessments A historical account of our performanc�'on your property available for. easy reference -any time �! i View Your Edhanceinent Proposals BrightView Connect keeps the proposals in your account and at your iingeetips Go to connect.brighttview.com to get started or ask your Account Manager for assistance. Some features may not be available of all properties. Check with your Account Manager for more details. View Your Standard- _ .Maintenance Schedule Know the dates we plan to be on your property, i Communication. Your Way Voluntary participation. „ means, no matter how you choose fo connect: we'll always be responsive BrightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 132 Related Experience - Reference SAN JUAN CAPISTRANO Client. City ofSanauan Capistrano BrightView maintains all of the City Parks, Sportsfields, Right-Of- Ways ight Of - Ways and Public Facilities, including Reata Park, a fully sustainable California Native Park. Contact: Mark Buberl Phone: (949) 443-6323 Email: mbuberl@sanjuancapistrano.org Date: July/2015. � Present Size: city-wide 14.1 sq Miles VZN z BTightView. Eiright'Vievv City of Seal Beach City -Wide Landscape Maintenance Services �.- Business Proposal Page 133 Related Experience - Reference tUdI f � E 7, Contact. Jorge Martinez Contact's idle. Medians and Parkway Supervisor Address: 26540 Marquardt Ave Cerritos, CA 90703 p Emallb jmartlnez@cerritos.us k 1' I Phone. (562) 239-0683 C-ty 0 fCerritos Landscape Maintenance Services for City Parks, Medians and Parkways, Mist. City Buildings Date: 3-2017 to Present Contract Amount: $1,175,520 Annual Prime Brightview Related Experience - Reference RE ENCES Contact: AprH Saumgarten Contact's Title: Maintenance Programs Analyst Address 24264 EI Toro Road, Laguna woods, CA 92637 Email: abaumgartn@cityoflagunav roods.org Phone: (662) 239-0683 I City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 1.34 ON o,�br�guna Woods - - Citywide Landscape Services for City Hall, Medians and Parkways, 3 Main Parks and I Dog Park Date: 32-2028 to Present Contract Amount: $ 169,380 Annual Prime BrightView City of Seal Beach City -'Wide Landscape Maintenance Servfces Business Proposal Page. 135 Related Experience - Reference Ar - - - Contacts Hugo Andreani II Contact's Title: I Landscape Inspector/Public l Works Address: 100 Civic Center Drive, Lake Forest CA 92630 Email: handreank@lakeformtca.gov fI I Fhone:(949)616-5551 1 take Forest Sports Park City of Lake Forest 86 Acres friciusive.of S Baseball Fields, 4 Soccer Fields, 2 Artificial Soccer Fields and Common Areas Date: 7-2019 to Present Contract Amount: $ IM Annual Prime BrightView? Related Experience - Reference City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page X36 Contact: George Cortez CantacNs Tale: Maintenance Supervisor Address: 77 Fair Drive Costa Mesa, CA 92626 Email: georgmcortez@costamesam.gov Phone: (714)327.7494 City of Costa Mesa Eity-Wide Complete landscape Services for Parks, Medians and Parkways, City Buildings (34 Parks, 5.5port Complex, Streets, Public Buildings, 6 Fire Stations and Misc. Facilities) Date: 7-2017 to Present Contract amount: $ 2.2M annual Prime Prevailing wages are required on this contract. City of Seal Beach BID FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES BASE MAINTENANCE BID SCHEDULE Almond Park - 4600 Almond Avenue 1.8 Acres Item No. Quantity Unit Description Unit Price Annual Price 1 365 DAILY General / Daily'Maintenance 2.87 $1,047.55 5uutotaL 52 WEEK Weed Control $16.83 $875.16 52 WEEK Turf Grass Maintenance $67.34 $3,501.68 24 BIWEEKLY Landscape Maintenance $222.92 $5,350.08 2 EACH Fertilization $4,012.55 $8,025.10 52 1 WEEK Irrigation System Maintenance $21.88 $6,955.00 $8,750.63 Arbor Park - 4665 Lampson Avenue 11 Acres Item No. Quantity. Unit Description Unit Price Annual Price 2 365 DAILY General /Daily Maintenance 17.58 $6.416.70 Subtotal: $48,296.72 44 . ' 52 WEEK Weed Control $102.88 $5,349.76 52 WEEK Turf Grass Maintenance $311.54 $16,200.08 24 BIWEEKLY Landscape Maintenance $222.92 $5,350.08 2 EACH Fertilization $4,012.55 $8,025.10 52 WEEK Irrigation System Maintenance $133.75 $6,955.00 Subtotal: $48,296.72 44 Aster Park - Corner of Aster Street & Candleberry Avenue 0.8 Acre Item No. Quantity Unit Description Unit Price Annual Price 3 365 DAILY General /Daily Maintenance 1.27 $463.55 52 WEEK Weed Control $1.48 $388.96 52 WEEK Turf Grass Maintenance $29.93 $1,556.36 24 BIWEEKLY Landscape Maintenance $16.21 $389.04 2 EACH Fertilization $291.82 $583.64 52 WEEK Irrigation System Maintenance $9.72 $505.44 Subtotal: $3,886.99 Bluebell Park - Corner of Bluebell Street & Almond -Avenue 1.3 Acres Item No. Quantity Unit Description Unit Price Annual Price 4 365 DAILY General /Daily Maintenance 2.07 755.55 52 WEEK Weed Control $12.15 $631.80 52 WEEK Turf Grass Maintenance $48.63 $2,528.76 24 BIWEEKLY Landscape Maintenance $26:34 $632.16 2 EACH Fertilization $474.21 $948.42 52 WEEK Irrigation System Maintenance $15.80 $821.60 Subtotal: $6,318.29 Corsair Park - Corsair Way 0.3 Acre Item No. Quantity Unit Description Unit Price Annual Price 5 365 DAILY General /Daily Maintenance $171.55 52 WEEK Weed Control $2,80, $145.60 52 WEEK Turf Grass Maintenance $11.22 $583.44 24 BIWEEKLY Landscape Maintenance $6.07 $145.68 2 EACH Fertilization $109.43 $218.86 52 WEEK Irrigation System Maintenance $3.64. $189.28 Subtotal: $1,454.41 45 Item No. 6 Edison Park - 99 College Park Drive 17.2 Acres Quantity Unit Descrintion 4 Unit Price Annual Price 365 DAILY General] Daily Maintenance 2.39 $10,037.50 52 WEEK Weed Control 160.87 $8,365.24 52 WEEK Turf Grass Maintenance $643.50 $33,462.00' 24 BIWEEKLY Landscape Maintenancet 348.56 $8,365.44 2 EACH Fertilization $5,874.18 $11,.748.36 52 WEEK Irrigation System Maintenance $209.13' $10,874.76 Subtotal: $82,853.30 Eisenhower Park - @ Ocean Avenue & Main Street 1.5 Acres Item No. Quantity Unit Description Unit Price Annual Price, 7 365 DAILY General /Daily Maintenance 2.39 872.35 52 WEEK Weed Control $14.03 $729,.56 52 WEEK Turf Grass Maintenance $56.11 $2,917.72 24 BIWEEKLY Landscape Maintenance $30.39 $729.36 2 EACH Fertilization $547.16 $1,094.32 52 WEEK Irrigation System Maintenance $18.23 $947.96 Subtotal: $7,291.27 Electric Green Belt - Electric Ave. between Seal Beach Blvd. & Marina Dr. 8.4 Acres Item No. Quantity Unit Description Unit Price Annual Price 8 365 DAILY General /Daily Maintenance 13.43 4 901.95 52 WEEK Weed Control $78.56 $4,085.12 52 WEEK Turf Grass Maintenance $314.27 $16,342.04 24 BIWEEKLY Landscape Maintenance $170:22 $4,085.28 2 EACH Fertilization $2,964.13 $5,928.26 52 WEEK I Irrigation System Maintenance $102.13 $5,310.76 Subtotal: $40,653.41 46 Greenbelt Pocket Park -15th & 16th St. 4.8 Acres Item No. Quantity Unit Description Unit Price Annual Price 9 365 DAILY General /Daily Maintenance 2.55 $2 799.55 52 WEEK Weed Control 44.89 $2,334.28 52 WEEK Turf Grass Maintenance 179.58 $9,338.16 24 BIWEEKLY Landscape Maintenance 97.27 $2,334.48 2 EACH Fertilization $1550.93 $3,101.86 52 WEEK Irrigation System Maintenance $58.36 $3,034.72 Subtotal: $22,943.05 Heather Park - Corner of Heather Street & Lampson Avenue 1.6 Acres Item No. Quantity Unit Description Unit Price Annual Price 10 Onl 365 DAILY General / Daily Item No. 11 Subtotal: $7,778.15 Heron Pointe Easement — Gum Grove Park — Seal Beach Blvd. 1.6 Acres Quantity Hnit liasr_rintinn Ilnit Prie-n Annnnl Dri^- 365 DAILY Maintenance 2.55 0.75 52 WEEK Weed Control 14.96 $777.92 52 WEEK Turf Grass Maintenance $59.86 3 112.72 24 BIWEEKLY, Landscape Maintenance $32.42 $778.08 2 EACH Fertilization $583.64 $1167.28 52 WEEK I Irrigation System Maintenance $19.45 $1,011.40 Subtotal: $7,778.15 Heron Pointe Easement — Gum Grove Park — Seal Beach Blvd. 1.6 Acres Quantity Hnit liasr_rintinn Ilnit Prie-n Annnnl Dri^- 365 DAILY General] Daily Maintenance 930.75 52 WEEK Weed Control $14.96 $777.92 52 WEEK Turf Grass Maintenance $59.86 $3,112.72 24 BIWEEKLY Landscape Maintenance $32.42 $778.08 2 EACH Fertilization $583.64 $1,167.28 52 WEEK Irrigation System Maintenance $19.45 $1,011.40 47 Subtotal: $7,778.15 Marina Park -151 Marina Drive 1.5 Acres Item No. Quantity Unit Description Unit Price Annual Price 12 Item No. 13 365 DAILY General /Daily Maintenance 2.39 872.35 52 WEEK Weed..Control $14.03 $729.56 52 WEEK Turf Grass Maintenance $56.11 _ $2,917.72 24 BIWEEKLY Landscape Maintenance $30.39 $729.36 2 52 EACH WEEK Fertilization Irrigation System Maintenance $547.16 $18.23 $1,094.32 $947.96 River's End Park 4.8 Acres Ouantity Unit Descrintion Subtotal: $7,291.27 Unit Price Annual Price 365 DAILY General / Daily Maintenance $7.67 $2,799.55 52 WEEK Weed Control $44.89 $2,334.28 52 WEEK Turf Grass Maintenance $179.58 $9,338.16 24 BIWEEKLY Landscape Maintenance $97.27 $2,334.48 2, EACH Fertilization $1,550.93 $3,101.86 52 WEEK Irrigation System Maintenance $58.36 $3,034.72 Subtotal: $22,943.05 Schooner Park - Schooner Way 1.5 Acres Item No. Quantity Unit Description Unit Price Annual Price 14 0.17 Ica CM72 '1i; 365 DAILY General /Daily Maintenance 52 WEEK Weed Control $14.03 729.56 52 WEEK Turf Grass Maintenance $56.11 $2,917.72 24 BIWEEKLY Landscape Maintenance $30.39 $729.36 2 EACH Fertilization $547.16 $1094.32 52 WEEK Irrigation System Maintenance $18.23 1. $947.96 Subtotal: $7,291.27 48 Item No. 15 Windsurf Park -1st Street @ Ocean Avenue 1.1 Acres Oiiantity Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 1.91 52 WEEK Weed Control 310,28 $534.56 52 WEEK Turf Grass Maintenance $41.15 $2,139.80 24 BIWEEKLY Landscape Maintenance $22.29 $534.96, 2 EACH Fertilization $401.25 $802.50 52 WEEK Irrigation System Maintenance $13.37 $695.24 Subtotal: $5,345.81 Zoeter Green Belt - Corner of 12th Street & Landing Avenue 1.2 Acres Item No. Quantity Unit Description Unit Price Annual Price 16 365 DAILY General /Daily Maintenance 1.91 52 WEEK Weed Control $11.22 $583.44 52 WEEK Turf Grass Maintenance $44.89 $2,334.28 24 BIWEEKLY Landscape Maintenance $24.31 $583.44 2 EACH Fertilization $437.73 $875.46 52 WEEK Irrigation System Maintenance $14.59 $758.68 Subtotal: $5,832.45 Zoeter Field - Corner of 12th Street & Landing Avenue 1.8 Acres Item No. Quantity Unit Description Unit Price Annual Price 17 365 DAILY General /Daily Maintenance 2.87 $1,047.55 Subtotal: $8,750.63 49 52 WEEK Weed Control $16.83 $875.16 52 WEEK TurfGrass Maintenance $67.34 $3 501.68 24 BIWEEKLY Landscape Maintenance $36.47 $875.28 2 EACH Fertilization $656.60 $1,313.20 52 WEEK Irrigation System Maintenance $21;88 $1,137.76 Subtotal: $8,750.63 49 PLANTED MEDIANS First Street - between Marina Drive & Pacific Coast Hwy. 1,650 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 18 365 DAILY General./ Daily Maintenance 0.94 343.10 52 WEEK Weed Control $5.69 $295.88 52 WEEK Turf Grass Maintenance $19.92 $1 035.84 2 EACH Fertilization $209.71 $419.42 52 WEEK Irrigation System Maintenance $7.11 $369.72 Subtotal: $2,463.96 Fourth Street - 4th Street & Central Avenue (Traffic Circle Planter) 900 square feet Item No. Quantity Unit Description Unit Price Annual Price 19 365 DAILY General /Daily Maintenance 0.50 182.50 52 WEEK Weed .Control $3.02 $157.04 24 BIWEEKLY Landscape Maintenance $22.94 $550.56 2 EACH Fertilization $111.43 $222.86 52 WEEK Irrigation System Maintenance $3,78 $196.56 Subtotal: $1,309.52 Lampson Avenue - Basswood Avenue, East to City Limits 5,200 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 20 365 DAILY General /Daily Maintenance 945.35 52 WEEK Weed Control $787.80 52 WEEK Turf Grass Maintenance 53.05 $2,758.60 24 BIWEEKLY Landscape Maintenance $49.26 $1,182.24 2 EACH Fertilization $591.18 $1,182.36 52 WEEK Irrigation System Maintenance $19,70, $1,024.40 Subtotal: $7,880.75 50 Marina Drive - @ First Street, West to Bridge 300 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 21 365 DAILY General /Daily Maintenance 1.57 573.05 52 WEEK Weed Control 9,22 47.84 52 WEEK Turf Grass Maintenance 32.28 71.76 24 BIWEEKLY Landscape Maintenance 7.00 $168.00 2 EACH Fertilization 36.05 $72.10 52 WEEK Irrigation System Maintenance $1.20 $62.40 Subtotal: $476.85 Pacific Coast Hwy. - From West City Limits, East to Seal Beach Blvd. 3,184 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 22 365 DAILY General /Daily Maintenance 1.57 573.05 52 ,. WEEK Weed Control 9,22 $479.44 52 WEEK Turf Grass Maintenance 32.28 $1,678.56 24 BIWEEKLY Landscape Maintenance $29.97 .$719 28 2 EACH- Fertilization $359.75$719.50 $964.60 52 WEEK Irrigation System Maintenance $11.99 $623.48 Subtotal: $4,793.31 Seal Beach Blvd. - South of North Gate Rd. / 405 Fwy. to Westminster Ave. 4,325 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 23 365 DAILY General /Daily Maintenance 2.46 $897.90 52 WEEK Weed Control $14.84 $771.68 24 BIWEEKLY Landscape Maintenance $112.58 $2,701.92 2 EACH Fertilization $546.86 $1,093.72 52 WEEK Irrigation System Maintenance $18.55 $964.60 Subtotal: $6,429.82 51 Item No. 24 Seal Beach Blvd. - South of Westminster Ave. to Adolfo Lopez Drive 2,300 lineal feet rincrri +inn • Pig- /✓' x'05,i l l�/t'l vfl6:f I Init Price Annual Price 365 DAILY General / Daily Maintenance $1.30 $474.50 52 WEEK Weed Control $7.85 $408.20 24 BIWEEKLY Landscape Maintenance $60.58 $1,453.92 2 52 EACH WEEK Fertilization Irrigation System Maintenance $289.43 $9.82 $578.86 $510.64 Subtotal:. $3,426.9Z Seal Beach Blvd. - South of Adolfo Lopez Drive to Bolsa Ave. 2,121 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 25 365 DAILY General /Daily Maintenance $1.20 438.00 52 WEEK Weed Control $7.24 $376.48 24 BIWEEKLY Landscape Maintenance $54.94 $1,318.56 2 52 EACH WEEK Fertilization I Irrigation System Maintenance 1$9.05 $266.86 $533.72 $470.60 5Ubtota1: $3,"13/.311 Seal Beach Blvd. - South of Bolsa Avenue to Pacific Coast Hwy. 875 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 26 365 DAILY General /Daily Maintenance 0.48 $175.20 52 WEEK Weed Control $2.94 $152.88 24 Landscape Maintenance $22.29 $534.96 WEEKLY 2 EACH Fertilization $108.28 $216.56 52 WEEK Irrigation System Maintenance 1$3.67 $190.84 Subtotal: %bi,Z(U.44 52 Item No. 27 Item No. 28 Seal Beach Blvd. - South of Pacific Coast Hwy. 220 lineal feet Quantity Unit Description ®R I Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.11 $40.15 52 WEEK Weed Control $0.69 $35.88 52 WEEK Turf Grass Maintenance $2.44 $126.88 24 BIWEEKLY Landscape Maintenance $2.26 $54.24 2 EACH Fertilization $27.22 $54.44 52 WEEK Irrigation System Maintenance $0.90 $46.80 Subtotal: $358.39 Westminster Avenue - West of Kitts Hwy. to East City Limits - Long Beach Border 1,400 lineal feet Quantitv Unit Descri tion Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.79 288.35 52 WEEK Weed Control $4.75 $247.00 24 BIWEEKLY Landscape Maintenance $36.05 $865.20 2 EACH Fertilization $175.14 $350.28 52 WEEK Irrigation System Maintenance $5.94 $308.88 53 Subtotal: $2,059.71 Item No. 29 PLANTED PARKWAYS Almond Avenue - South Side, Between Aster Street & Violet Street 5,000 lineal feet Quantitv Unit Descrintion Unit Prir_e Anneal Prir_P 365 DAILY General / Daily Maintenance $8.61 $3,142.65 52 WEEK Weed Control $51.84 $2,695.68 24 BIWEEKLY Landscape Maintenance $393.15 $9,435.60 2 EACH Fertilization $1,709.6.1 $3,419.22 52 WEEK Irrigation System Maintenance $64.80 $3,369.60 Subtotal: $22,062.75 Balboa Avenue - East Side, Between Pacific Coast Hwy. & Bolsa Ave. 600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 30 Item No. 31 365 -DAILY General /Daily Maintenance 0.88 321.20 52 WEEK Weed Control 5.17 $268.84 " 52 WEEK Turf Grass Maintenance $18.11 $941.72 24 BIWEEKLY Landscape Maintenance $16.82. $403.68 2 EACH Fertilization $201.88 $403.76 52 WEEK Irrigation System Maintenance $6.72 $349.44 Bolsa Avenue - North Side, Seal Beach Blvd. to Silver Shoals Ave. 3,020 lineal feet Quantity Unit Desr_rintinn Subtotal: $2,688.64 I In it Prir-a Annimi PAn 365 DAILY General / Daily Maintenance $4.09 --------- - ---- $1,492.85 52 WEEK Weed Control $23.49 $1,221.48 52 WEEK Turf Grass Maintenance $78.33 $4,073.16 52 WEEK Hardscape Maintenance $31.33 $1,629.16 24 BIWEEKLY Landscape Maintenance $107.48 $2,579.52 2 EACH Fertilization $678.86 $1,357.72 52 WEEK Irrigation System Maintenance $23.49 $1,221.48 54 Subtotal: $13,575.37 UTJ71 Catalina Ave. Cul -De -Sac, East of. Crestview Ave. 736 square feet Item No. Quantity Unit Description Unit Price Annual, Price 32 365 DAILY General /Daily Maintenance 1.27 463.55 52 WEEK Weed Control 7.64 $397.28 24 BIWEEKLY Landscape Maintenance 57.97 $1,891.28 2 EACH Fertilization $281.60 $563.20 52 WEEK Irrigation System Maintenance $9.55 $496.60 Subtotal: $3,311.91 First Street - East Side, Marina Drive to Pacific, Coast Hwy. 700 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 33 ttZ79Z Or 365 DAILY General-/ Daily Maintenance 1.03 52 WEEK Weed Control $76.72 $314.60 52 WEEK Turf Grass Maintenance $21.20 $1,102.40 24 BIWEEKLY Landscape Maintenance $19.68 $472.32 2 EACH Fertilization $236.27 $472.54 52 WEEK Irrigation System Maintenance 1$7.87 $409.24 Subtotal: $3,147.05 Lampson Ave. - North & South Sides; Basswood Ave. to East City Limits- Garden Grove Border 7,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 34 365 DAILY General /Daily Maintenance 12.75 -14465379 Subtotal: $32,846.05 55 52 WEEK Weed Control $76.72 $3,989.44 24 BIWEEKLY Landscape Maintenance $581.83 $13,963.92 2 EACH Fertilization $2,626.07 $5,252.14 52 WEEK Irrigation System Maintenance $95.90 $4,986.80 Subtotal: $32,846.05 55 ilk Main Street - Planters, Between Pacific Coast Hwy. & Ocean Ave. 3,028 square feet Item No. Quantity Unit Description Unit Price Annual Price 35 365 DAILY General /Daily Maintenance $1.901.65 Subtotal: $13,403.23 Marina Drive - North Side, Between 1st. Street & 6th. Street 1,360 lineal feet Item No. Quantity Unit Description Unit Price Annual .Price 36 365 DAILY General /.Daily Maintenance 2.00 $730.00 Item No. 37 DAILY General / Daily Maintenance $0.36 52 WEEK Weed Control $11.74 $1,632.80 24 BIWEEKLY Landscape Maintenance $238.11 $5,714.64 2 EACH Fertilization $1,056.57 $2113.14 52 WEEK Irrigation System Maintenance $39.25 $2,041.00 Subtotal: $13,403.23 Marina Drive - North Side, Between 1st. Street & 6th. Street 1,360 lineal feet Item No. Quantity Unit Description Unit Price Annual .Price 36 365 DAILY General /.Daily Maintenance 2.00 $730.00 Item No. 37 Ocean Avenue - North Side, Between Main Street & 10th. Street 250 lineal feet P1n�ntifir IInit rlacrrintinn Subtotal: $6,104.56 I Init Price Annual Price 365 DAILY General / Daily Maintenance $0.36 52 WEEK Weed Control $11.74 $610.48 52 WEEK Turf Grass Maintenance 41.11 $2,137.72 24 BIWEEKLY Landscape Maintenance $38.17 $916.08 2 EACH Fertilization $458.12 $916.24 52 WEEK Irrigation System Maintenance $15.27 '$794.04 Ocean Avenue - North Side, Between Main Street & 10th. Street 250 lineal feet P1n�ntifir IInit rlacrrintinn Subtotal: $6,104.56 I Init Price Annual Price 365 DAILY General / Daily Maintenance $0.36 $131.40 52 WEEK Weed Control $2.16 '$112.32 52 WEEK Turf Grass Maintenance $7.56 $393.12 24 BIWEEKLY Landscape Maintenance $7.02 $168.48 2 EACH Fertilization $84.30 $168.60 52 j WEEK I Irrigation System Maintenance $2.81 $146.12 56 Subtotal: $1,120.04 01;-Z-040011Rflo-' Ocean Avenue - Bulb Outs, North & South Side of Ocean Ave. Between 1st. St. & Electric Ave: 3,290 square feet Item No. Quantity Unit Description Unit Price Annual Price, 38 Item No. 39 Item No. 40 365 DAILY General /Daily Maintenance 7:69 2 806.85 52 y WEEK Weed Control $59.72 $3,105.44 24 BIWEEKLY Landscape Maintenance $184.87 $4,436.88 2 EACH Fertilization $1,083.20 $2,166.40 26 WEEK Hand Watering - May thru Oct. $79.63 $2,070.38 Subtotal: $14,585.95 Pacific Coast Hwy. - North Side, from Seal Beach Blvd., West to Balboa Dr. 1,530 lineal feet Quantitv Unit Descriotion Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.63 $959.95 52 WEEK Weed Control $15.87 $825.24 24 BIWEEKLY Landscape Maintenance $121.35 $2,912.40 2 EACH Fertilization $584.57 $1,169.14 52 WEEK Irrigation System Maintenance 1$19.83 $1,031.16 Pacific Coast Hwy. - South Side, from 1st. Street East to 5th. Street 600 lineal feet Duantity Unit Descriotion Subtotal: $6,897.89 Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.03 52 WEEK Weed Control $6.21 $322.92 52 WEEK Turf Grass Maintenance $21.74 $1,130.48 2 EACH Fertilization $228.80 $457.60 52 WEEK Irrigation System Maintenance 1$7.76 1$403.52 57 Subtotal: $2,690.47 Item No. 41 Item No. 42 Seal Beach Blvd. - East Side,, from Pacific Coast Hwy., South to Electric Ave. 1,400 lineal feet niinntity Ilnit npsr_rintinn Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.40 $876.00 52 WEEK Weed Control $14.50 $754.00 52 WEEK Turf Grass Maintenance $36.26 $1,885.52 52 WEEK Hardscape Maintenance $21.75 $1,131.00 2 EACH Fertilization $502.86 $1,005.72 52 WEEK Irrigation System Maintenance $12.08 $628.16 Subtotal: $6,280.40 Seal Beach Blvd. - East Side, from North Gate Road/405 Fwy. - South to Westminster Ave. 4,000 lineal feet C]nantiw Ilnit nper_rintinn Unit Price Annual Price 365 DAILY General [Daily Maintenance $6.89 $2,514.85 52 WEEK Weed Control $41.46$2,155.92 24 BIWEEKLY Landscape Maintenance 314.47' $7,547.28 2 EACH Fertilization $1,'327.43 1$2,654.86 52 WEEK Irrigation System Maintenance $51.83 $2,695.16 58 Subtotal: $17,568.07 SPECIAL LANDSCAPE DISTRICTS Seal Beach Blvd.. Median -from Old Ranch Pkwy. North to Plymouth Dr. 4,200 lineal feet Item z No. Quantity Unit Description Unit Price Annual Price. 43 365 DAILY General /Daily Maintenance 3.03 1 10595 Subtotal: $7,481.07 Lampson Ave. Median - from Seal Beach Blvd., just East of Old Ranch Plaza 600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 44 Item No. 45 365 DAILY General /Daily Maintenance 0.43 - 52 WEEK Weed Control $18.26 949.52 24 BIWEEKLY Landscape Maintenance $120.53 _ $2,892.72 2. EACH Fertilization $672.86 $1345.72 52 WEEK Irrigation System Maintenance $22.83 $1,187.16 Subtotal: $7,481.07 Lampson Ave. Median - from Seal Beach Blvd., just East of Old Ranch Plaza 600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 44 Item No. 45 365 DAILY General /Daily Maintenance 0.43 - 156.95 52 WEEK Weed Control $2.61 $135.72 24 BIWEEKLY Landscape Maintenance 19.80 $475.20 2 EACH Fertilization $96.17 $192.34 52 WEEK Irrigation System Maintenance $3:26 J$169.52 Subtotal: $1,129.73 Seal Beach Blvd. Parkway - East Side, from Old Ranch Pkwy to Lampson Ave. 800 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 150.80 52 WEEK Turf Grass Maintenance $10.15 $527.80 24 BIWEEKLY Landscape Maintenance $9.42 $226.08 2 EACH Fertilization $113.14 $226.28 52 WEEK Irrigation System Maintenance $3.77 $196.04 59 Subtotal: $1,505.85 • ��-fir,. rv' Lampson Ave. Parkway - South Side, from Seal Beach Blvd. to the Seal Beach Tennis Center 2,500 lineal feet Item No. Quantity Unit 46 Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.54 $587.65 52 WEEK Weed Control $9.06 $471.12 52 WEEK Turf Grass Maintenance $31.71 $1,648.92 24 BIWEEKLY Landscape Maintenance $29.44 $706.56 2 EACH Fertilization $353.34 ,$706.68 52 WEEK Irrigation System Maintenance $11.77 $612.04 Subtotal: $4,707.42 Seal Beach Blvd. Parkway - East Side, from Lampson Ave. to Plymouth Dr. 2,600 lineal feet Item No. Quantitv Unit 47 Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.61 $587.65 52 WEEK Weed Control $9.42 $489.84 52 WEEK Turf Grass Maintenance $9.42 $489.84 24 BIWEEKLY Landscape Maintenance $81.68 $1,960.32 2 EACH Fertilization $367.56 $735.12 52 WEEK Irrigation System Maintenance $12.25 $637.00 Subtotal: $4,899.77 TRACT ENTRIES Bridgeport Tract Entry - 5th. Street @ Electric Avenue 1000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 48 365 DAILY General./ Daily Maintenance 0.30 $109:50 52 WEEK Weed Control $1.77 $92.04 52 WEEK Tun` Grass Maintenance $7.11 $369.72 24 BIWEEKLY I Landscape Maintenance $3.85 $92.40 2 EACH Fertilization $69.38 $138.76 52 WEEK Irrigation System Maintenance $2.31 $120.12 Subtotal: $922.54 College Park East Tract Entry - Lampson Ave. @ Caridleberry Avenue 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 49 Item No. 50 365 DAILY General /Daily Maintenance 0.09 32.85 52 WEEK Weed Control $0.74 $38.48 24 BIWEEKLY Landscape Maintenance $2.31 $55.44 2 EACH Fertilization $14.84 $29.68 52 WEEK Irrigation System Maintenance 1$0.49 1$25.48 College Park East Tract Entry - Lampson Ave. @ Heather Street 200 square feet Munntity I ]nit r]Pcr_rintinn Subtotal: $181.93 Unit Price Annual Price 365 DAILY General / Daily Maintenance 0:09 $32.85 52 WEEK Weed Control $0.74 $38.48 24 BIWEEKLY Landscape Maintenance $2.31 $55.44 2 EACH Fertilization $14.84 $29.68 52 WEEK Irrigation System Maintenance 1$0.49 1$25.48 61 Subtotal: $181.93 College Park East Tract Entry - Lampson Ave. @ Rose Street 400 square feet Item No. Quantity Unit Description Unit Price Annual. Price 51 365 DAILY General /Daily Maintenance 0.19 9 52 WEEK Weed Control $1.49 $77.48 24 BIWEEKLY Landscape Maintenance $4.63 $111.12. 2 EACH Fertilization $29.68 $59.36 52 WEEK Irrigation System Maintenance $0.99 1$51.48 Subtotal:$368.79 College Park East Tract Entry - Lampson Ave. @ Tulip Street 400 square feet Item No. Quantity Unit Description Unit Price Annual Price 52 365 DAILY General /Daily Maintenance 0.19 $69.35 52 WEEK Weed Control $1.49 $77.48 24 BIWEEKLY Landscape Maintenance $4.63 $111.12 2 52 EACH WEEK Fertilization Irrigation System Maintenance $29.68 $0.99 $59.36 $51.48 365 DAILY Subtotal $368.79 Seal Beach Entry Signs - East Lampson Ave. at Garden Grove Border Weed Control 2,176 square feet $422.76 24 Item Landscape Maintenance $25.17 $604.08 No. Quantity Unit Description Unit Price Annual Price 53 52 WEEK Irrigation System Maintenance $5.42 $281.84 365 DAILY General /Daily Maintenance 1.04 379 6 52 WEEK Weed Control $8.13 $422.76 24 BIWEEKLY Landscape Maintenance $25.17 $604.08 2 EACH Fertilization $161.13 $322.26 52 WEEK Irrigation System Maintenance $5.42 $281.84 Subtotal:$2,010.54 62 Seal Beach Entry Sign - Corner of Seal Beach Blvd. & North Gate Road 15,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 54 365 DAILY General /Daily Maintenance 4.56 1 664.40 52 WEEK Weed Control $26.68 $1,387.36 52 WEEK Turf Grass Maintenance $76.75 $3,991.00 24 BIWEEKLY Landscape Maintenance $57.82 $1,387.68 2 EACH Fertilization $1,040.88 $2,081.76 52 WEEK Irrigation System Maintenance $34.69 $1,803.88 Subtotal: $12,316.08 College Park West Entry - College Park Drive @ Loyola Plaza 4,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 55 365 DAILY General /Daily Maintenance 1.21 29.20 52 WEEK Weed Control $7.12 $370.24 52 WEEK Turf Grass Maintenance $28.48 $1,480.96 24 BIWEEKLY Landscape Maintenance $15.42 1$370.08 2 EACH Fertilization $277.71 $555.42 52 WEEK Irrigation System Maintenance $9.25 1$481.00 Subtotal: $3,699.35 College Park Drive Median - College Park Drive @ Loyola Plaza 180 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 56 365 DAILY General /Daily Maintenance $0.08 29.20 52 WEEK Weed Control $0.67 $34.84 24 BIWEEKLY Landscape Maintenance $2.08 $49.92 2 EACH Fertilization $13.34 $26.68 52 WEEK Irrigation System Maintenance 1$0.44 1$22.88 Subtotal: $163.52 63 2nd. Street Entry Sign - 2nd. Street @ Central Avenue 5,500 square feet Item No. Quantitv 57 Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.67 $609.55 52 WEEK Weed Control $9.78 $508.56 52 WEEK Turf Grass Maintenance $39.15 $2,035.80 24 BIWEEKLY Landscape Maintenance $21.21 $509.04 2 EACH Fertilization $381.78 $763.56 F77i2 7 WEEK Irrigation System Maintenance $12.72 $661.44 64 Subtotal: $5,087.95 BUILDINGS, FACILITIES & GROUNDS 8th Street Parking Lot - Corner of 8th. Street & Ocean Avenue 19,200 square feet Item No. Quantity Unit Description Unit Price Annual'Price 58 365 DAILY General /Daily Maintenance $3.51 $1.281.15 Item No. 59 Beach Facility Restroom Planters - At the Pier 200 square feet rl.—fifir IInit r]aerrrintinn Subtotal: $1,831.31 Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.45 52 1 WEEK I Weed Control 1$10.58 $550.16 Beach Facility Restroom Planters - At the Pier 200 square feet rl.—fifir IInit r]aerrrintinn Subtotal: $1,831.31 Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.45 164.25 52 WEEK Weed Control $0.20 $136.76 24 BIWEEKLY Landscape Maintenance $0.63 $15.12 2 EACH Fertilization 1$4.03 8.06 52 WEEK Irrigation System Maintenance 1 $0.13 1$6.76 Subtotal: $47.64 Beverly Manor Reservoir Landscape - 3131 North Gate Road 6,608 square feet - outside area Item No. Quantity Unit Description Unit Price Annual Price 60 365 DAILY General /Daily Maintenance $0.45 164.25 52 WEEK Weed Control $2.63 $136.76 52 WEEK Turf Grass Maintenance $10.54 $548.08 24 BIWEEKLY Landscape Maintenance $5.71 $137.04 2 EACH Fertilization $102.85 $205.70 52 WEEK Irrigation System Maintenance •$3.42 $177.84 Subtotal: $1,369.67 65 '_�i� ` �cfr, it �.?��-!il r��Nir�•` . Fire Station # 48 - 3131 North Gate Road 53,800 square feet Item No. Quantity Unit Description Unit Price Annual Price 61 an 365 DAILY General /Daily Maintenance 3.66 1 335 52 WEEK Weed Control 21.42 $1,113.84 52 WEEK Turf Grass Maintenance $75.71 $3,936.92 24 BIWEEKLY Landscape Maintenance $46.42 $1,114. 08 2 52 EACH WEEK Fertilization Irrigation System Maintenance $835.72 $27.85 " $1,671.44 $1,448.20 Subtotal:$10,620.38 Lampson Well Site - 4307 Lampson Avenue 820 lineal feet - outside area 1,360 square feet - inside area Item No. Quantity Unit Description Unit Price Annual Price 62 365 DAILY General /Daily Maintenance 0.99 361.35 52 WEEK Weed Control 1.14 $59.28 24 BIWEEKLY Landscape Maintenance 3.52 $84.48 2 EACH Fertilization 22.59 1$45.18 52 WEEK Irrigation System Maintenance $0.76 j$39.52 Subtotal: $279.56 City Hall Building - 211 8th. Street 7,400 square feet Item No. Quantity Unit Description Unit Price Annual Price 63 365 DAILY General /Daily Maintenance 0.99 361.35 52 WEEK Weed Control 5.81 $302.12 52 WEEK Turf Grass Maintenance $23.27 $1,210.04 24 BIWEEKLY Landscape Maintenance $12.60 $302.40 2 EACH Fertilization $226.89 $453.78 52 WEEK Irrigation System Maintenance $7.56 $393.12 Subtotal:$3,022.81 Item No. 64 Item No. 65 Mary Wilson Library - 700 Electric Avenue , 20,700 square feet Ounntity Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.40 $511.00 52 WEEK Weed Control $8.24 $428.48 52 WEEK Turf Grass Maintenance $32.96 $1,713.92 24 BIWEEKLY Landscape Maintenance $17.85 $428.40 2 EACH Fertilization $321.43 '$642.86 52 WEEK Irrigation System Maintenance $10.71 $556.92 Fire Station # 44 -100 8th. Street 8,800 square feet Quantity Unit Descrintion Subtotal: $4,281.58 Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.60 $219.00 52 WEEK Weed Control $3.51 $182.52 52 WEEK Turf Grass Maintenance $14.04 $730.08 24 BIWEEKLY Landscape Maintenance $7.60 $182.40 2 EACH Fertilization $136.89 $273.78 52 WEEK Irrigation System Maintenance $4.56 $237.12 Subtotal:$1,824.90 Heritage Square Parking Lots - East & West Sides of Main Street - at Electric Avenue 33,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 66 365 DAILY General /Daily Maintenance 2.24 $817.60 52 WEEK Weed Control $13.14 $683.28 52 WEEK Turf Grass Maintenance $52.59 $2;734.68 24 BIWEEKLY Landscape Maintenance $28.48 $683.52 2 EACH Fertilization $512.77 $1,025.54 52 WEEK Irrigation System Maintenance $17.09 $888.68 Subtotal 67 Subtotal: $6,833.30 Main Street Parking Lot -100 Block of Main Street, East Side 16,300 square feet Item No. Quantity Unit Description Unit Price Annual Price 67 Item No. 68 365 DAILY General /Daily Maintenance 1 75 638.75 52 WEEK Weed Control 13.64 $709.28 24 BIWEEKLY Landscape Maintenance $42.22 $1,013.28 2 EACH Fertilization $270.25 $540.50 52 WEEK Irrigation System Maintenance 1$9.09 $472.68 Marina Community Center -151 Marina Drive 20,000 square feet Quantitv Unit Descrintion Subtotal: $3,374.49 Unit Price Anneal Prir_p 365 DAILY General / Daily Maintenance 1.57 573.05 52 WEEK Weed Control $9.21 478 92 52 WEEK Turf Grass Maintenance $36.84 $1,915.68 24 BIWEEKLY Landscape Maintenance $19.95 $478.80 2 EACH Fertilization $359.24 $718.48 52 WEEK Irrigation System Maintenance $11.97 $622.44 Subtotal: $4,787.37 Police Department Building - 911 Seal Beach Blvd. 33,500 square feet Item No. Quantity Unit Description Unit Price Annual Price 69 365 DAILY General /Daily Maintenance $2,28 832.20 52 WEEK Weed Control $13.34 $693.68 52 WEEK Turf Grass Maintenance $55.36 $2,774.72 24 BIWEEKLY Landscape Maintenance $28.90 $693.60 2 EACH Fertilization $520.34 $1;040.68 52 WEEK Irrigation System Maintenance $17.34 $901.68 i Subtotal: $6,936.56 9.1 •�� �f`y �f i����rl ti�n`e��rf Sewer Pump Station # 35 - Seal Beach Blvd. @ Electric Avenue 4,300 square feet Item No. Quantltv Unit Description Unit Price Annual Price 70 365 DAILY General] SuDiOial: 4000a.'" Seal Beach Tennis Center - 3900 Lampson Avenue 254,000 square feet Item No. Quanti Unit Description Unit`Price Annual Price 71 365 DAILY General /Daily Maintenance 17.29 $6.310.85 Item No. 72 v111L DAILY Daily Maintenance 0.29 105.85 52 WEEK Weed Control $1.70 $88.40 52 WEEK Turf Grass Maintenance $6.82 $354.64 24 BIWEEKLY Landscape Maintenance $3.69 $88.56 2 EACH Fertilization $66.55 $133.10 52 WEEK Irrigation System Maintenance $2.21 $114.92 SuDiOial: 4000a.'" Seal Beach Tennis Center - 3900 Lampson Avenue 254,000 square feet Item No. Quanti Unit Description Unit`Price Annual Price 71 365 DAILY General /Daily Maintenance 17.29 $6.310.85 Item No. 72 North Seal Beach Community Center - 3333 St. Cloud Drive 7,700 square feet OUDE )Ldl.001, I!do.yo I In i4 Orrro Annual Price WudnLIL 365 v111L DAILY - General /Daily Maintenance $0.52 52 WEEK Weed Control $101.15 1$5,259.80 52 WEEK Turf Grass Maintenance $404.60 $21,039.20 24 BIWEEKLY Landscape Maintenance $21.9.16 $5,259.84 2 EACH Fertilization $3,244.89 $6,489.78 52 WEEK Irrigation System Maintenance $131.49 $6,837.48 North Seal Beach Community Center - 3333 St. Cloud Drive 7,700 square feet OUDE )Ldl.001, I!do.yo I In i4 Orrro Annual Price WudnLIL 365 v111L DAILY - General /Daily Maintenance $0.52 189.80 52 WEEK Weed Control $3.06 $159.12 52 WEEK Turf Grass Maintenance $12.25 $637.00 24 BIWEEKLY Landscape Maintenance $6.63 1$159.12 2 EACH Fertilization $119.49 $238.98 52 WEEK Irrigation System Maintenance $3.98 $206.96 QuULV Ldl..�1 1 ,.7.7U..7Q Item No. 73 Item No. 74 Item No. 75 HARDSCAPE MAINTENANCE AREAS Road Shoulder, Sidewalk, Tree & Shrub Watering North Gate Road - North & South Sides from Reservoir to - North Leisure World Gate 3,600 lineal feet Quantitv llnit nnmrrintinn 11..:4 :— - n 365 DAILY General / Daily Maintenance 3.63 $1.324.95 52 WEEK Weed Control 17.23 $895.96 52 WEEK Hardscape Maintenance $21:06 $1,095.12 Subtotal: $3,316.03 North Gate Road Bike Trail - End of North Gate Road to - San Gabriel River Bike Trail 2,500 lineal feet Ouantity Ilnit 365 DAILY General / Daily Maintenance 2.52 V.. ..y` $919.80 52 WEEK Weed Control 11.97 $622.44 52 WEEK Hardscape Maintenance $14.64 $761.28 Subtotal: $2,303.52 Lampson Ave. - North & South Sides from, Basswood St., East to City Limits 10,400 lineal feet Ouantitv IInit 11._:a M-!-- -------..- . 365 DAILY General / Daily Maintenance $5.63 $2,054.95 52 WEEK Weed Control / Tree Well Maint $32.01 $1,664.52 52 WEEK Hardscape Maintenance $45.20 $2,350.40 2 EACH Fertilization $979.36 $1958.72 26 WEEK Hand Watering - May thru Oct. $67.80 $1,762.80 70 Subtotal: $9,791.39 First Street - East Side from Marina Drive to Pacific Coast Hwy. 2,000 lineal feet Item No. Quantity Unit Description V Unit Price Annual Price 76 Item No. 77 365 DAILY General /Daily Maintenance 1.40 511.00 52 WEEK Weed Control 8.23 $427.96 52 WEEK Turf Grass Maintenance $32.92 $1,711.84 24 BIWEEKLY Landscape Maintenance $17.83 $427.92 2 EACH Fertilization $320.97 $641.94 52 WEEK Irrigation System Maintenance $10.69 $555.88 Main Street - East & West Sides from Ocean Ave. to Pacific Coast Hwy. 3,168 square feet 3,600 lineal feet Ouantitv Unit Descrintion Subtotal: $4,276.54 Unit Price Annual Price 365 DAILY General / Daily Maintenance 2.73 $996.45 52 WEEK Weed Control 12.77, $664.04 52 WEEK Hardscape Maintenance $23.95 $1,245.40 52 WEEK Clean Gutters / Planter Areas $12.77 $664.04 24 BIWEEKLY Landscape Maintenance $86.51 $2,076.24 2 EACH Fertilization $498.31 $996.62 26 WEEK Hand Watering - May thru Oct. $31.94 $830.44 52 WEEK Irrigation System Maintenance $15.97 $830.44 Subtotal: $8,303.67 Landing Ave. - North & South Sides from Seal Beach Blvd. to 12th. Street 2,456 lineal feet Item r No. Quantity Unit Description Unit Price Annual Price 78 365 DAILY General /Daily Maintenance $2.09 762:85 52 WEEK Weed Control / Tree Well Maint $11.39 $592.28 26 WEEK Hand Watering - May thru Oct. $23.73 $616.98 2 EACH Fertilization $246.86 $493.72 Subtotal:$2,465.83 71 Pacific Coast Hwy. - North Side from 8th. Street, West to City Limits 1,450 lineal feet Item No. Quantity Unit Description Unit Price Annual Price. 79 Item No. 80 365 DAILY General./ Daily Maintenance $0.84 $306.60 52 WEEK Weed Control $4.37 $227.24 52 WEEK Hardscape Maintenance $15.45 $803.40 Subtotal: $1,337.24 Seal Beach Blvd. - West Side, from Bolsa Ave., North to - Gum Grove Park Expansion 1,400 lineal feet Quantitv Unit Descrintion Unit Prir_e Anniud Prire 365 DAILY General / Daily Maintenance $0.85 $310.25' 52 WEEK Weed Control $4.87 $253.24 52 WEEK Hardscape Maintenance $6.88 $357.76 2 EACH Fertilization $149.24 $298.48 26 WEEK Hand Watering - May thru Oct. 1$10.33 1$268.58 , Subtotal: $1,488.31 Westminster Ave. - North & South Sides from Seal Beach Blvd. to East City Limits / Bolsa Chica Road 10,500 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 81 365 DAILY General /Daily Maintenance $9.29 $3 390.85 52 WEEK Weed Control $27.94 $1,452.88 Subtotal: $4,843.73 Westminster Ave. - North Side, The Area Between the Curb & Gutter and the Flood Control Channel. From the Post Office West to the City Limits / Long Beach Border. 3,700 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 82 365 DAILY General /Daily Maintenance 2.24 $817.60 52 WEEK Weed Control $6.74 1$350.48 Subtotal: $1,168.08 72 Item No. 83 Bolsa Avenue - South Side, Riviera Dr. to Balboa Drive 1,100 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.11 $1,536.74 52 WEEK Weed Control 5.27 $274.,04 52 WEEK Hardscape Maintenance $6.45 $335.40 Subtotal: $1,014.59 $ 659.564.62 SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES) EXTRA WORK BID SCHEDULE In the blanks provided, fill in the unit price to furnish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable' sales and use taxes. Irrigation Heads and Associated Repair Parts Item Estimated No. Description Quantitv Unit Price Total 11 Hunter 1-40 Pop U Stainless Steel 20 $76.84 $1,536.74 # 2 Hunter 1-25 Pop U Stainless Steel 100 $50.81 $5,081.17 # 3 Hunter 1-20 Pop U Stainless Steel 250 $22.31 $5,576.89 # 4 Hunter PGP ADJ Pop Up 50 $9,91 $495.72 # 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 100 $5.58 $557.69 16 Hunter Ultra 4" ADJ SS CK VLV 50 $12.39 $619.65 # 7 Hunter 4" ADJ Rotor Pop Up 50 $13.63 $681.62 # 8 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50 $13.63 $681.62 # 9 Hunter 12" Spray Pop Up Body Only 50 $22.31 $1,115.37 #10 Hunter 1" Plas RCV w/ Flow Cntrl Inline 50 $17.35 $867.52 #11 Rain Bird 2" RCV Brs 50 $272.65 $13,632.42 # 12 Rain Bird 1-1/2 " RCV Brs 50 $231.75 $11,587.56 # 13 Rain Bird 1" RCV Brs 50 $145.00 $7,249.97 # 14 Rain Bird 2" RCV Brs 50 $154.91 $7,7.45.69 115 Rain Bird 1-1/2 " RCV Plas 50 $115.26 $5,762..80 # 16 Rain Bird, 1" RCV Plas 50 $85.51 $4,275.62 # 17 Rain Bird Diaphragm Assembly - 200G/EFA 50 $69.40 $3,470.07 # 18 Rain Bird Diaphragm Assembly - 150G/EFA 50 $52.05 $2,602.55 # 19 Rain Bird Diaphragm Assembly - 75/100 EFA/EFB 50 $49.57 $2,478.62 # 20 Rain Bird Diaphragm Assembly 150/200 PEB 50 $57.01 $2,850.42 73 r � / # 21 Rain Bird Diaphragm Assembly 100PE 5052.05 $ '26.32 $2,602.55 # 22 Rain Bird Solenoid Assembly - EFB/PEB/PGA 50 37.18 $1,858.97 # 23 Rain Bird Dial Pressure Regulator 50 $47.09 $2,354.69 # 24 Rain Bird 12" Pop Up Body Only SAM PRS 50 $19.83 $991.45 # 25 Rain Bird 6" Pop Up SAM PRS 50 $16.11 $805.55 # 26 Rain Bird' 1804 SAM PRS W/Van Nozzle 75 $4.96 $371.79 # 27 Rain Bird 1806 SAM PRS W/Van Nozzle 75 $16.11 $1,208.33 # 28 Rain Bird, 1812 SAM PRS W/Van Nozzle 75 $21.07 $1,580.12 # 29 Rain Bird 1" RCV GB -Series 10 $145.,00 $1,449.99 # 30 Rain Bird 1-1/2".RCV GB -Series 10 $231.75 $2,317.51 # 31 Rain Bird 2" RCV GB -Series 10 $272.65 $2,726.48 # 32 Superior 3" Non Pressure Regulating Brass Valve 2 $1,152.56 $2,305.12 # 33 Rain Bird 3/4" 3 -RC Quick Coupling Valve 10 $74.36 $743.59 '# 34 Rain Bird 1" 44 -RC Quick Coupling Valve 5 $99.14 $495.72 # 35 Plastic / Rectangular RCV Box W/ Lid 50 39.66 $1,982.90 # 36 Plastic / Round QCV Box W/ Lid 25 $11.15 $278.84 # 37 Rain Bird 1" Valve Replacement Diaphragm Brass 25 $53.29 $1,332.26 # 38 Rain Bird 1-1/2" Valve Replacement Diaphragm Brass 10 $61.97 $619.66 # 39 Rain Bird RCV Replacement SolenoidZO $29.74 $594.87 Subtotal: $105,490.11 PLANT MATERIAL (INSTALLED) Item Estimated No. Description Quantitv Unit Price Total #40 Annual Color 85 Flats $ '26.32 Flat $ 2,237.20 # 41 Ground Cover 100 Flats $ 26.32 Flat $ 2,632.00 #42 One'(1) Gallon Shrub 1000 EA $ ,11.58 EA $ 11,580.00 #`43 Five 5 Gallon Shrub 1000 EA $ 26.32 EA .$ 26,320.00 #44 Fifteen 15 Gallon Shrub 100 EA $ 94.74 EA $ 9,474.00 TREES (INSTALLED) Item No. Subtotal: $ 52,243.20. Estimated Description ouantity Unit Price Tntnl Subtotal: $ 27,347.64 74 Twenty Four (24) Inch Box Tree W/ Stakes, #45 Ties & 2 each, 3" X 3Watering Tubes 80 EA $ 294.74 .. EA ' $ 23,579.20 Thirty Six (36) Inch Box Tree W/ Stakes, Ties #46 & 2 each, 3" X 3'Watering Tubes 4 EA $ 842.11 EA $ 3,368.44 #-47 Foliar Insecticide Application 4 Per Tree $ 100' EA $'400 Subtotal: $ 27,347.64 74 J�� ���fr, �v :�.=.%eco! r�/+J�-ir•�<f Item Estimated No. Descri tion Quantity Unit Price Total # 48 Rototill 5,000 SF $ 0.15 SF $ 750.00 Soil Test 20 EA $ 125.00 EA $ 2,500.00 Mechanical Trenching 1,500 LF $ 0.25 LF $ 125.00 Subtotal: $ 3,375.00 $ 188,455.99 SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): $ 848,020.57 GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) $fight hundred forty-eight thousand twenty dollars and fifty-seven cents GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Maintenance Labor Rates Each worker performing Work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Landscape Maintenance Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work. Description Normal Business Rate Supervisor $ 65 Irrigator $ 65 Laborer $ 35 Emergency After -Hours Rate $ 97.50 $ 97.50 $ 52.50 Bidders understand twenty-four (24) hours, seven days per week (including holidays) emergency response is required within one (1) hour of notification by City. 75 New Construction Labor Rates For the purpose of this section of the agreement all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California labor code. Description Normal Business Rate Supervisor $ 65 Irrigator $ 65 Laborer $ 35 Prevailing wages are required on this contract. Emergency After -Hour Rate $ 97.50 $ 97.50 $ 52.50 Supervisor — Skilled, experienced and competent in landscape maintenance field. The supervisor must be able to communicate clearly in writing and verbally with City Staff. Tasks include the supervision of laborer and irrigator staff in mowing, pruning, weeding, spraying and planting. The supervisor will be responsible to submit all maintenance schedules to the Recreation Manager and report all hazards that are found in the field. Irrigator — Irrigator will be responsible to perform services on the irrigation system including necessary testing and repairs. This work will be limited to the existing irrigation system that exists in the City and does not include installation of new irrigation. Laborer — Laborer will perform normal maintenance duties throughout the City such as mowing, watering, trash, pruning, trimming, weeding, occasional planting, sweeping, blowing and janitorial work incidental to such landscape maintenance. 76 I BrightView' City of Seal Beach City -Wide Landscape Maintenance Services ;- Business Proposal Page 170 RE: Letter of Exceptions to the Request for Proposals for Seal Beach Landscape Maintenance Services ("Bid") To whom it may concern, BrightView Landscape Services, Inc. ("BrightView") welcomes the opportunity to submit a bid to the above referenced Request for Proposals (RFP) and looks forward to the possibility of partnering with you. In accordance with the accompanying Instructions, BrightView respectfully submits the following exceptions to the proposed terms and conditions included in the RFP itself and/or the PROFESSIONAL SERVICES AGREEMENT: 1) PROFESSIONAL SERVICES -AGREEMENT: 5.1: BrightView believes that it is fair and equitable that the right to terminate without cause should be granted to both parties. Based upon the foregoing, BrightView respectfully requests the following revisions to this section: line 2 — delete "based upon reasonable cause" and replace with "without cause". 2) PROFESSIONAL SERVICES AGREEMENT: 8.2: Since it is hard to determine what drought restrictions and conditions shall be in place at the time of the service are provided and in order to provide the customer with the results expected, BrightView's policy is to disclaim liability related. to local water restrictions in the event that the City requests that Brightview exceeds said water restrictions, if any. Based upon the aforementioned reasons, Brightview requests that the following provision be added to this section: "Consultant shall not be liable for any Losses resulting from the provision of Services or performance of any Work Order hereunder, if such Losses are due to causes or conditions beyond its reasonable control, including but not limited to Losses in any way related to or associated with state or local water regulations or mandates or Consultant's compliance or good faith efforts to comply with state or local water regulations or mandates." 3) PROFESSIONAL SERVICES AGREEMENT: 12.0 Indemnification, Hold Harmless, and Duty to Defend: Per BrightView's contract policy, to the extent BrightView's negligent performance of its obligations results in property damage or personal injury to a third party, BrightView will indemnify the City for the damages/costs it incurs from such third party. Based upon the foregoing, BrightView respectfully requests that the following is inserted before "claim" on line 4 of this paragraph: "third party; line 9 — delete "for' and replace with "to the extent"; line 10 — delete "arising" and replace with "arises", delete "sole". BrightView respectfully requests your consideration of the items noted herein and the opportunity to lightly negotiate certain terms for the mutual benefit of both parties. This Letter of Exceptions, together with any attached Scope of Services, Pricing, and other schedules and exhibits attached hereto, constitute BrightView's entire response to the RFP and supersedes all prior BrightView responses to the RFP, whether oral or written. Please contact Darin Sherlock at 949.614.9148 Darin.Sherlock@brightview.com regarding any questions you may have regarding BrightView's proposed bid. Dake Vice President BrightView City of Seal Beach City -Wide Landscape MaintenanceServices Business Proposal Page 171 CERTIFICATE OF RESOLUTION BrightView Maintenance Companies I, Jonathan Gottsegen, Secretary of BrightView Landscapes, LLC, a Delaware limited liability company (the "Company"), do hereby certify that as of the date hereof, the following resolutions have been adopted by the unanimous approval of the Board of Directors of the Company and the Board of Directors of the Company's maintenance subsidiaries listed on Exhibit A (the Company and such subsidiaries are sometimes referred to herein as the "Companies"), in accordance with the governing documents of the Companies and that said approvals have not been rescinded, amended or modified: Authorization to Execute Documents: RESOLVED, that those individuals listed on Exhibit B hereto are hereby elected and authorized to serve in the offices and for such companies that are indicated therein .until their respective successors are elected and qualified or until their earlier resignation, removal or death; FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize those individuals listed on Exhibit C hereto, or any of them to execute and deliver in the name of and for and on behalf of the Companies, subject to the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non -disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the ,Company is hereby authorized and directed to execute a Certificate of Resolution certifying to the passage of these resolutions; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby further authorized to amend Exhibit C hereto from time to time ifhe or she determines such amendment is necessary to reflect changes in employment status and/or title of the Company's employees; FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including, without limiting effect, public entities', shall be entitled to rely on the authority of any one of the foregoing persons to bind the Companies by the execution and the delivery of any such bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, nondisclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof; FURTHER RESOLVED, that the authority herein contained shall remain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous authorizations heretofore given with respect to the matters herein contained are revoked; provided, however, that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons who at the time of such execution was duly authorized to act. FURTHER RESOLVED, if due to an emergency situation and the Company's Business Continuity Plan (BCP) is activated by an officers of BrightView Holdings, Inc. all of the Signature Authorities named in Exhibit C hereto shall have the immediate authority and ability to execute and deliver in the name of and for and on behalf of the Companies, without further action needed to be taken by an officers of the Companies and notwithstanding the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non -disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency BTightVtew? City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 172 agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency situation and the BCP is deactivated, the limitations in the Signatory Authority Policy set forth on Exhibit D shall once again apply. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Resolution on this 15"' day of April, 2019. Jonathan Gottsegen BrightView City of Seal .Beach City -Wide Landscape Maintenance Services Business Proposal Page 173 Exhibit A — Subsidiaries BrightView Landscapes, LLC BrightView Landscape Services, Inc. — CA BrightView Landscape Services, Inc. — AZ BrightView Landscape Services, Inc. — CO BrightView Landscape Services, Inc. — FL BrightView Landscape Services, Inc. — GA BrightView Landscape Services, Inc. —NV BrightView Landscape Services, Inc. — TX BrightView Landscape Services ULC BrightView Tree Care Services, Inc. BrightView Golf Maintenance, Inc. BrightView Companies, LLC* BrightView Funding LLC* *Elected Officers Only Brightvlew City of Seal Beach City-Wide Landscape Maintenance Services Business Proposal Page 174 Exhibit B — Elected Officers BrightView Landscapes, LLC Andrew Masterman President and Chief Executive Officer Jonathan Gottsegen Secretary; Executive Vice President and Chief Legal Officer Brett Urban Executive Vice President and Chief Financial Officer Jeff Herold President, Landscape Services } Thomas Donnelly President, Landscape Development Katriona Knaus Treasurer Louay H. Khatib Assistant Treasurer Robert Tyler Assistant Treasurer Todd Chambers Executive Vice President and Chief Marketing Officer Brian Bruce Executive Vice President and Chief Information Officer Susan DeSantis Assistant Secretary Tomas Kuehn Assistant Secretary BrightView Landscape Services. Inc. — CA Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Joshua Dake Senior Vice President Todd Chesnut Senior Vice President BrightView Landscape Services. Inc. — AZ Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BrightView Landscape Services, Inc. — CO Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BrightView BrightView Landscape Services. Inc. — FL City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page`175 Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Charles Gonzalez Senior Vice President BrightView Landscape Services, Inc. — GA Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Michael Dozier President, Evergreen East BrightView Landscape Services, Inc. — NV Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BrightView Landscape Services, Inc. — TX Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BrightView Landscape Services ULC Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BrightView? 0. -t4% - Joshua Dake Senior Vice President Todd Chesnut Senior Vice President BriszhtView Tree Care Services. Inc. City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 176 Jeff Herold Chief Executive Officer and President Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary BriahtView Golf Maintenance. Inc. Jeff Herold Chief Operating Officer and President Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary B. Todd Bunnell Vice President Terrance McGuire Vice President Vincent Gilmartin Vice President Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BriErhtView Companies. LLC Brett Urban Chief Executive Officer, President, Chief Financial Officer and Treasurer Robert Tyler Senior Vice President, Assistant Secretary and Assistant Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Vice President and Assistant Secretary Brian D. Bruce Vice President Caroline Weilert Vice President Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Secretary , BrizhtView Fundine LLC Brett Urban Vice President and Chief Financial Officer Jonathan Gottsegen Vice President and Secretary Katriona Knaus Treasurer Rob Tyler Assistant Treasurer Louay H. Khatib Assistant Treasurer Susan DeSantis Assistant Secretary BrightView City of Seal Beach City -Wide Landscape Maintenance Services 'Business Proposal _P a g e 177 Exhibit C — Signatory Authority Individual Title Fred Freund President, Evergreen West Division Jeff Herold President, Golf Jamie Gollotto President, Seasonal Division Michael Dozier President, Evergreen East Division Murray Cook President, Sports Turf Michael Kinnard Sr. Vice President, Finance & CFO BrightView Landscape Services Josh Dake Group SVP, Evergreen Southwest Jessica Durbin SVP, Rocky Mountains Greg Lewandowski SVP, Mid -Atlantic Darren Mcdonough SVP, Evergreen East Ray Nobile SVP, Northeast Karine Stuimer , SVP„Northern California. Mark Zobel SVP, Midwest Todd Chestnut SVP, Southeast Ben Strickland Group Vice President, Texas Jon Hasbrouck Group Vice President, Southwest Michael Underwood Group Vice President, Northern Cal Randy Pillon TDE Canada, same signature authority as a Group Vice President Russel Simmons Group Vice President, Golf Andrew Hart VPF, Seasonal Division Christian Nunez VPF, Evergreen West Division BrightUiew ,+mac+-Mxd City of Seal Beach City=Wide Landscape Maintenance Services Business Proposal Page 178 Meredith Nicklas VPF, Mid -Atlantic Trevor Frey Director, Risk Management Aaron Lott Director, Finance, Rocky Mountain Genevieve Belanger Director, Finance, Midwest Stephanie Johnston Director, Finance, Southwest Terence O'Bright Director, Finance, TDE Cari Brito Regional Finance Manager, Florida South Caleb Moore Regional Finance Manager, 'Texas James Porter Regional Finance Manager, Florida Central Jim Marouchoc Regional Finance Manager, Golf Melyhida Rudolff Regional Finance Manager, Northern California Octavio Suarez Rincon Regional Finance Lead, Southwest Peter Hafer Regional Finance Manager, Northeast Rose Grennell Regional Finance Lead, Southwest Shawna Grennell Regional Finance Lead, Southeast Yulia Stepanets Regional Finance Manager, Texas Adam Budniak VPGM, So Cal Andrew Mori VPGM, So Cal Brandon Steene VPGM, Northern Cal Charles Gonzalez VPGM, Florida South Chris Greene VPGM, Mid -Atlantic Brigh"View ? City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 179 Christian Galindo VPGM, Southwest Christopher Jones VPGM, Midwest Daniel Perry VPGM, Florida South David Howell VPGM, Southwest David Palmer VPGM, Northeast David Sharp VPGM, Midwest Judd Strohmeyer VPGM, Northeast Justin Hatchett VPGM, Mid -Atlantic Kevin Kenney VPGM, Mid -Atlantic Kevin Mefford VPGM, Southwest Luis Caballero VPGM, Southwest Mark Cruzan VPGM, Florida South Matt Bevill VPGM, Northwest Michael Soares VPGM, Northern California , Paul McGrath VPGM, Southeast Rene Rivera VPGM, So Cal* (SVP authorityper Delegation ofAuthorityform) Scott Godfrey VPGM, Evergreen NW Tree Care Services Scott Sifton VPGM, Southeast Scott Sikora VPGM, Florida Central Scott Smith VPGM, Southeast Steve Brackin VPGM, Southeast Brighty e w City of Seal Beach City -Wide landscape Maintenance Services Business Proposal Page 180 Tariq Ahmed VPGM, Northeast Terry McGuire VPGM, Southeast Golf Todd Thompson VPGM, Mid -Atlantic Vincent Gilmartin, VPGM, Northeast Region Brian Ostler GM, Southwest Chad Jaudon GM, Southeast Chad Olsen GM, Sports Turf Christoper Rhine GM, Southwest Fairlight Beard GM, Northern California Francisco Alvarez GM, Texas John Berg 1 GM, Southwest Justin Cooke GM, Midwest Marc Fortson GM, Evergreen East Mark McCormick, GM, Florida Central Mark Moore GM, Winter Services, Northeast Matt Maierhofer GM, Rocky Mountain Mike Murphy GM, Texas Mike Ney GM, Northern CA Shawn Rommerdahl GM, Florida Central Yusef Mohmed GM, Texas Senior Branch Manger Per Title Branch Manger Per Title BrightView City of. Seal Beach City -Wide Landscape Maintenance Services PB-_u_s _i_n_e.s__s,_P.r._o_p_o..s_a. L Exhibit D - SiLynatory Authority Policy Page 181 Authority to execute service contracts for the Company is granted to a limited group of officers ("Authorized Signer"). Such signature authority is not a matter of preference or informal policy; rather, it is a directive .set by the Company's Board of Directors. The Signature Authority outlined below applies to each Landscape Services entity and is in addition to the review and approval requirements set forth in BrightView's Contract Policy & Procedure Guidelines. MAINTENCE SIGNATURE AUTHORITY ONLY AUTHORIZED SIGNERS SHALL SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF THE OFFICER'S TITLE DOES NOT APPEAR IN THE TABLE BELOW AND YOUR NAME DOES NOT APPEAR ON A CERTIFICATE OF RESOLUTION SUCH PERSON IS N O T A N A U T H O R I Z E D S I G N E R A N D DO NOT HAVE AUTHORITY TO SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF' AN EMPLOYEE EXECUTES A CONTRACT WITHOUT BEING AN AUTHORIZED SIGNER, THE EMPLOYEE IS SUBJECT TO DISCIPLINE BY BRIGHTVIEW, UP TO AND INCLUDING TERMINATION OF EMPLOYMENT. AUTHORIZED SIGNER* I I� MAINTENANCE SERVICE CONTRACTS CFO for Maintenance ;Services ❑ Any BV Landscape Services contracts and Service Provider agreements in the BrightView Entities for which they have responsibility. All National Account Masters and Cross Divisional Agreements. Division President ❑ Any BV Landscape Services contracts and Service Provider agreements in the BrightView Entities for which they have responsibility. Division VPF; Group SVP; Director, ❑ All BV Landscape Services contracts and Service Provider Finance agreements with an annual value <$1.5M in the Division; Group or Region(s); for which they have responsibility SVP; Group President; Group VP; ❑ All BV Landscape Services contracts and Service Provider Regional Finance Manager; Regional agreements with an annual value <$1M in the Division; Group or Finance Lead Region(s); for which they have responsibility VPGM & GM+ Any Services contracts (excluding fixed fee snow) and Service Provider agreements with an annual value <$50K in the Market(s) for which they have responsibility • Any Landscape Services contract (excluding fixed fee snow)' and Service Provider agreements that are on a pre -approved BrightView template with no chances and an annual value <$250K for the Market(s) for which they have responsibility • Any Landscape Services contract (excluding fixed fee snow) and Service Provider agreements that are on a Pre -approved BrightView template with changes and an annual value <$50K for the Market(s) for which they have responsibility • 1-9 certifications for the market for which they have responsibility Sr. BM & BM Non-recurring enhancement or tree service <$100K for the Branch(es) for which they have responsibility • Any internal contract issued from a BV entity to a BV Branch(es) (i.e., BES to BVL, LLC; BVLD to BVLS, Inc., etc.) ❑ Lien releases and lien waivers Elected Officers F❑Any BrightView Document for the Maintenance Entity for which they are elected. `Does not include National Account Masters or BES contracts +VPGM & GM signatories may sign in place of a BM signatory only for the market for which they have responsibility. EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"), Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in, 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by ,DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file. at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City„ forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any, other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section '1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. A`� ® CERTIFICATE OF LIABILITY INSURANCE DATE( 08117//2023 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 NAME: Aon Risk Services Central, Inc. Philadelphia PA office 100 North 18th Street 15th Floor 'PH(ArcONE (866) 263-7122 FAX (800) 363-0105 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # Philadelphia PA 19103 USA INSURED INSURERA: ACE American Insurance Company 22667 INSURER B: American Guarantee & Liability Ins Co 26247 Brightview Landscape Services, Inc. Location# 43110 1960 S. Yale Street INSURER C: INSURER D: Santa Ana CA 92704 USA INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER, 570101182229 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, Limits shown are as requested (LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIALGENERALL�WB�IUTY CLAIMS -MADE I X (OCCUR Y Y XSLG47318397 SIR applies per policy terns 10 01 2022 & condi 10 /01 /2023 IOnS EACHOCCURRENCE $2,000,000 _ffAMAGE TO -RENTED PREMISES(Ea occurrence) $2,000,000 MED EXP (Any one person) S10,000 IL PERSONAL &ADV INJURY $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER., GENERALAGGREGA7E $S,000, OOO PRODUCTS-COMP/OPAGG $5,000,000 POLICY PRO LOC JECT OTHER: A AUTOMOBILE LUIBILITY Y Y ISA H1O71333A 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT $5,000,000 (Ea accident) BODILY INJURY ( Per Person) X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY(Peracciderd) PROPERTY DAMAGE (Per accident) B X UMBREIJALIAB EXCESS LtAB X OCCUR CLAIMS -MADE Y AUC508596818 10/01/2022 10/01/2023 EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 DED F RETENTION A A WORKERS COMPENSATION AND EMPLOYERS'LUIBILITY YIN ANY PROPRIETOR/PARTNER/ N EXECUTIVE OFFICEWMEMBER (Mandatory in NH) NIA Y WLRC50687302 WC - A05 SCFc50687405 WC - WI 10/01/2022 10/01/2022 10/01/2023 10/01/2023 X PER STATUTE �RH- E.L.EACH ACCIDENT $2,000,000 E.L DISEASE -EA EMPLOYEE $2,000,000 E.L. DISEASE -POLICY LIMIT $2,000,000 If yVes describe under OES�RIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mora space is required) City and its elected and appointed officials, officers employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. A waiver of Subrogation is granted i.n favor of City and i;ts elected and appointed officials, officers employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability and workers Compensation policies. General Liability Automobile Liability and Additional Insured, but Umbrella Liability policies evidenced herein are Non -Contributory to other insurance available to an CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach AUTHORIZED REPRESENTATIVE 211 8th street Seai Beach CA 90740 USA ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016103) The ACORD name and logo are registered marks ofACORD rn N 0 0 D5 AGENCY CUSTOMER ID: 570000090110 LOC #: A� O ADDITIONAL REMARKS SCHEDULE Paae of AGENCY Aon Risk services Central, Inc. NAMEDINSURED Brightview Landscape services, Inc. _ POLICY NUMBER see certificate Numbe 570101182229 CARRIER see certificate Numbe 570101182229' NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance Additional Description of Operations/ Locations /Vehides: only in accordance with the policy provisions. should General Liability, Automobile Liability and workers' compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate Holders in accordance with the policy provisions of each policy. a �...a.. ,w, i—.v r/ © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XSL G47318397 001 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) • Location And Description Of Completed Operations Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. All locations where you perform work for such additional insured pursuant to any such written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: if coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured .is the amount of insurance: 1. Required by the contract or agreement; or 2.. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. shown in the Declarations. CG 20'37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: XSL G47318397 001 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have'agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or I missions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional' insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable ;Limits of Insurance shown in the Declarations. CG 20 26 0413 ©.Insurance Services Office, Inc., 2012 Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number BrightView Landscapes, LLC TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47318397 001 10/01/2022 to 10/01/2023 10/01/2022 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled in, the schedule shall read: All persons or entities added as additional insureds through an endorsement with the term Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA.a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Agent LD -20287 (06/06) Page 1 of 1 POLICY NUMBER: XSL G47318397 001 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery, in a written contract, provided such contract was executed prior to the date of loss. 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 we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 ADDITIONAL. INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H1 071333A 110/01/2022 To 10/01/2023 1.0/01/2022 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. 5:�;, Authorized Representative DA=91-174c (03/16) Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured BrightView Landscapes, LLC TBD ement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H1071333A 10/01/2022 To 10/01/2023 10/01/2022 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we. make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery`in a written contract, provided such contract was executed prior to the date of loss. Authorized Representative DA -13115a (06/14) Page 1 of 1 Workers' Compensation and Emplovers' Liabilitv Policv Named Insured L Endorsement Number BRIGHTVIEW LANDSCAPES, LLC 980 JOLLY RD. Policy Number BLUE BELL PA 19422 Symbol: WLR Number: C50687302 Policy Period Effective Date of Endorsement 10-01-2022 TO 10-01-2023 10-01-2022 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number: The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not namedr in the Schedule. Schedule ANY 'PERSON'OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED'TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Agent WC 00 03 13 (11/05) © Copyright 1983-2017 National Council on Compensation Insurance, Inc. All Rights Reserved. NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy NumberPolicy Period Effective Date of Endorsement ISA H1071333A 10/01/2022 To 10/01/2023 10101/2022 Issued By (Name of Insurance Company) ACE American InsuranceCompany Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s),or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule; nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons •or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the. Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. 53;� Authorized Representative ALL -32686 (01/11) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL I G47318397 001 10/01/2022 To 10/01/2023 10/01/2022 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first'Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. 5:5�� Authorized Representative ALL -32686 (01/11) Page 1 of 1 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BRIGHTVIEW LANDSCAPES, LLC 980 JOLLY RD. Policy Number BLUE BELL PA 19422 Symbol: WLR Number: C50687302 Policy Period Effective Date of Endorsement 10-01-2022 TO 10-01-2023 10-01-2022 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of thepolicy.' NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named .in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not -negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID; ME, NC, NJ, NM, TX and WI. Authorized Representative WC 99 03 69 (01111) Page 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA I H1 071333A 110/01/2022 TO 10/01/2023 10/01/2022 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is lobe completed only when this endorsement is issued subsequent to me preparanon or ine puucy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non- contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled in, the schedule shall read. All persons or entities added as additional insureds through an endorsement with the term Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Representative DA -21886b (06114) Page 1 of 1