Agenda packet — Placentia City Council, July 16, 2024 (part 4 of 5)

AGENCY
Marsh Risk & Insurance Services

POLICY NUMBER

CARRIER

NAIC CODE

NAMED INSURED
PlaceWorks, Inc
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Errors & Omissions Retro Dates:
7/1/99 - Planning Center, Inc.
1/1/87 - Design Community & Engineering Inc.

Subject to policy terms, conditions, limitations and exclusions.

ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

Policy EPK-144434 Effective 7/1/2023 - 7/1/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -

COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Person(s) orOrgantzatlon(s):

Location And Description Of Completed Operations
'Where Required By Written Contract.

Where Required By Written Contract.

Information required to complete this Schedule, if not shown above, will beshown in the Declarations.

A. Section ill - Who Is An Insured within the Common
Provisions is amended to include as an 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".

EN0320-0211 Page 1 of 1

Policy EPK-144434 Effective 7/1/203-7/1/2024

CRU M & FORSTER
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) or Organlzatlon(s) Slanket when specifically required in a written contract with the named insured.

SECTION III -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by •your worku for that insured which is performed by you or by those acting on your behalf.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EN0111.0211 Page 1 oft

Policy EPK-144434 Effective 7/1/203 - 7/1/2024
rig
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON --CONTRIBUTORY ADDITIONAL

INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under thefollowing:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

ERRORS AND OMISSIONS LIABILITY COVERAGE PART

THIRD PARTY POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Persons) or Oraanlzatlonfs)
Where Required byWritten Contract
A. SECTION III - WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work• for that person or organization performed by you, or by those acting on your behalf.

This insurance shall be primary and non-contributory, but only in the event of a named Insured's sole negligence.

B. We waive any right of recovery we may have against the person(s) or organization(s) indicated In the Schedule shown above because of payments we make for "damages" arising out of your work' performed under a designated project or contract with that person(s) or organization(s).

C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" lo which the coverage afforded by this Endorsement applies.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EN0118.0211 Page 1 of 1

COMMERCIAL AUTO
Policy# BA1N96406A2343G - Effective 07/01/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. ,tl
00236B
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COV-

ERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS

PROVISIONS

A, BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
CA T3 53 0215
H.

HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE- INCREASED LIMIT

PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT

PERSONAL PROPERTY

AIRBAGS

NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS

BLANKET WAIVER OF SUBROGATION

UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II - COV-
ERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi- ness.

2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV - BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov.

Bred "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
O2015The Travelers Indemnity Company, All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission.

Policy# BA1 N96406A2343G - Effective 07/01/2023

COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
ness.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS LIABIL-
ITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not haveto furnish these
bonds.

2. The following replaces Paragraph A.2.a.(4),
of SECTION II - COVERED AUTOS LIABIL-
ITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day be- cause
of time off from work.

F. HIRED AUTO - LIMITED WORLDWIDE COV-

ERAGE - INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph 8.7., Policy Period, Coverage Territory,
of SECTION IV - BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em- bargo,
or similar regulation imposed by the United
States of America applies to and pro- hibits the
transaction of business with or within such
country or jurisdiction, for Cov- ered Autos
Liability Coverage for any covered "auto" that
you lease, hire, rent or borrow without a driver
for a period of 30 days or less and Hlat is not
an "auto" you lease, hire, rent or borrow from
any of your "employees", partners (if you are a
partnership), members (if you are a limited
liability company) or members of their
households.
(a)
With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i)
You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or "suit' and keep
us advised of all proceedings and ac-
tions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but only
up to the limit described in Para-
graph C., Limits Of Insurance, of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit describedl in Para-
graph C., Limits Of Insurance, of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and riot in
addition to such limit. Our duty to make
such payments ends when we have
used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and possessions, Puerto Rico and
Canada.

Page 2 of 4 ends

Policy# BA1N96406A2343G - Effective 07/01/2023

COMMERCIAL AUTO
101110110
.0 • •
You agree to maintain all required or
compulsory insurance in any such coun- try
up to the minimum limits required by local
law. Your failure to comply with compulsory
insurance requirements will not invalidate
the coverage afforded by this policy, but we
will only be liable to the same extent we
would have been liable had you complied
with the compulsory in- surance
requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE - GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III - PHYSICAL DAMAGE
COVERAGE:

No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE - INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION I11 - PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is S65 per day, to a maximum of
$750 for any one "accident".

PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION I11 - PHYSICAL DAMAGE COVER-
AGE:

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.

PERSONAL PROPERTY
The following is added to Paragraph A4., Cover-
age Extensions, of SECTION 111 - PHYSICAL
DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for 'Ioss to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
002041
(2) In or on your covered 'auto'.

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph 8.3., Exclu-
sions, of SECTION Ill - PHYSICAL DAMAGE
COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss" set
forth in Paragraphs A.1.b. and A.1.c., but only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV- BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representa-
tive prompt notice of the "accident" or "loss" ap-
plies only when the "accident" or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
Any "employee" authorized by you to give no-
tice of the "accident" or "loss'.

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A5., Transfer Of
Rights Of Recovery Against Others To Us, of
SECTION IV - BUSINESS AUTO CONDI- TIONS:

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract signed
and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
(e)
CA T3 53
0215

Policy# BA1N96406A2343G - Effective 07/01/2023

COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph 8.2., Con-
cealment, Misrepresentation, Or Fraud, of
SECTION IV - BUSINESS AUTO CONDITIONS:

Page 4 of 4 ends

The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non -renewal.

Includes copyrighted materlal of Insurance Services Office, Inc. with Its permission.

CA T3 53 0215

TRAVELERS]

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) - ooi
POLICY UB-7K72867623-43-G

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT -CAL IFORN
(BLANKET WAIVER)
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.

The additional premium for this endorsement shall be 2. oo % of the California workers' compensation pre- mium.

Schedule
Person or Organization
ANY PERSON OR ORGifNJ. LATIO FOR

WHICH THE INBUSED RAS AGREED
BY WRITTEN CONTRACT EXECU7'Iro
PRIOR TO LOSS TO FURNJ:SH TRIS
WAVER.

Job Description
This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwise stated.
(The information below is required oily when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.

Insured Premium
Insurance Company
DATE OF ISSUE:07/01/2023 ST ASSIGN: Pagel oft

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

ACTING DIRECTOR OF PUBLIC WORKS
JULY 16, 2024
AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH BIGGS CARDOSA & ASSOCIATES, INC., FOR ENGINEERING DESIGN

SERVICES FOR THE GOLDEN AVENUE BRIDGE REPLACEMENT PROJECT FISCAL
IMPACT: EXPENSE: $ 155,502.00 AMENDMENT NO. 5 TO PROFESSIONAL

SERVICES AGREEMENT

AVAILABLE
BUDGET: S 2,415.204.16 TOTAL AVAILABLE PROJECT BUDGET
$ 2,200,000.00 FEDERAL EARMARK (331801-6740)
$ 215,204.16 GENERAL FUND DEVELOPER FEE (331801-6740)
SUMMARY:

On January 17, 2017, the City Council approved a contract with Biggs Cardosa Associates, Inc. (Biggs Cardosa) to provide engineering design and environmental permitting services for the Golden Avenue Bridge Replacement Project. Biggs Cardosa completed the design phase of the project in the Fall of 2019.

Since this is a Federally funded project, Biggs Cardosa has been assisting the City in securing all necessary Federal and State regulatory permits through multiple agencies, including the United States Army Corps of Engineers (USACE), Caltrans, Santa Ana Regional Water Quality Control Board, Orange County Flood Control District (OCFCD) and Orange County Public Works (OCPW). In March 2021, the City received word that the Federal Highway Bridge Program was oversubscribed, and the Federal Government has not increased the budget allocation to the program. As such, the funding for the project was pushed to beyond the Fiscal Year (FY) 2025-26 funding cycle. Meanwhile, on May 17, 2021, the City received the final USACE's 404 permit verification letters; however, since the funding earmarked for this project had been exhausted, the City had to put the project on hold until other funding sources could be identified.

In March 2022, Staff was notified that Congress included the Golden Avenue Bridge project in the FY 2023 Federal appropriation bill in the amount of $2.2 million. The City must allocate the Federal earmark funds by June 30, 2025. Unfortunately, the Federal earmark funds are being routed through Caltrans which requires the City to undertake a long, multi -layered approval process before it can solicit bids for construction.

1.k.

July 16, 2024

City Council Agenda
July 16, 2024

Page 2 of 4 ends

On September 6, 2022, the City Council approved Addendum No. 4 in the amount of $182,000 which provided additional funding to Biggs Cardosa for re -submitting regulatory documentation that had expired to re -issue permits previously provided by various regulatory agencies as well as preparing all the necessary Caltrans documentation necessary to obtain final approval for construction of the bridge.

Since that time Caltrans indicated that the City's right-of-way procedures did not meet federal funding regulations which ultimately required the City to correct past work and utilize a separate right-of-way consultant. This included hiring a Caltrans-qualified consultant to perform right-of- way and property acquisition services, quitclaiming all previously acquired deeds and to restart the easement acquisition process from the beginning and following FHWA requirements. These corrective actions resulted in Biggs Cardosa having to provide additional services. This Amendment No. 5 reflects those additional services in the amount of $155,502 and will provide additional funding for environmental revalidation, regulatory permitting, right-of-way coordination, project management, utility coordination, and additional design services to update the project documents.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve Amendment No. 5 to the Professional Services Agreement with Biggs Cardosa & Associates, Inc. to increase the contract amount by an additional $155,502 for a total contract not -to -exceed amount of $970,938; and

2. Authorize the City Administrator to approve contract amendments up to 10% of the contract amendment amount, or $15,550.20; and

3. Authorize the City Administrator and/or his designee to execute all the necessary documents, in a form approved by the City Attorney.

DISCUSSION:

The Golden Avenue Bridge over Carbon Canyon Channel was originally built in 1934. The bridge was inspected by Caltrans in 2005 and rated as functionally obsolete. In 2014, a total of $3,087,250 in Federal Highway Bridge Program (HBP) Replacement grant funds were earmarked for replacement of the bridge. The grant funds cover the cost of design and construction. The grant program will reimburse the City up to 88.53% of the total project cost.

On January 17, 2017, the City Council approved a two-year Professional Services Agreement with Biggs Cardosa for Engineering Design and Environmental Permitting Services for the Project.

On November 5, 2019, the City Council then approved Amendment No. 1 for additional Paleontological work required by Caltrans to meet Federal funding guidelines. This amendment also extended the agreement an additional two years. On January 14, 2020, the City Council approved Amendment No. 2 due to additional tasks requested by Caltrans and the Army Corps of Engineers to obtain the needed regulatory permits. Amendment No. 3 was approved under the

City Council Agenda
July 16, 2024

Page 3 of 4 ends

City Administrator's authority on January 26, 2021, to extend the agreement an additional two years to January 26, 2023, with no additional compensation to Biggs Cardosa.

Since then, Biggs Cardosa has successfully completed the design of the Project and assisted the City with securing permits needed from various regulatory agencies involved with the construction of the bridge, including the U.S. Army Corps of Engineers (USACE), Caltrans, Santa Ana Regional Water Quality Control Board, Orange County Flood Control District (OCFCD) and Orange County Public Works (OCPW). Work on the project halted when Caltrans confirmed that the HBP was oversubscribed and that funding for the City's project was pushed beyond Fiscal Year 2025-26.

However, in March 2022, Staff was notified that the project was awarded a separate Congressional Federal Earmark for $2.2 million in the FY 2023 Federal appropriation bill with the funds administered through the Federal Highway Administration. The City must allocate the Federal earmark funds by June 30, 2025. Unfortunately, the Federal earmark funds are being routed through Caltrans which requires the City to undertake a long, multi -layered approval process before it can solicit bids for construction.

On September 6, 2022, City Council approved Amendment No. 4 in the amount of $182,000 which provided additional funding to Biggs Cardosa for re -submitting regulatory documentation that had expired to re -issue permits previously provided by various regulatory agencies as well as preparing all the necessary Caltrans documentation necessary to obtain final approval for construction of the bridge. Additionally, the agreement term was extended another three years to January 26, 2026.

FISCAL IMPACT:

The recommended actions will approve Amendment No. 5 to the Professional Services Agreement with Biggs Cardosa increasing the contract amount by $155,502. A total of $2,415,204.16 is available in the total project budget including the Federal Earmark of $2.2 million received for the project. As such, sufficient funds exist for the recommended actions.

City Council Agenda
July 16, 2024

Page 4 of 4 ends

Prepared, Reviewed, and Approved by:
60 Chris Tanio, P.E.

Acting Director of Public Works
Reviewed and app oved:
r Lam: man
or of Financ
Attachment:

Amendment No. 5 to PSA with Biggs Cardosa Associates, Inc.

Damien R. Arrula
City Administrator

AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
PROVISION OF PROFESSIONAL SERVICES WITH BIGGS CARDOSA ASSOCIATES, INC.

This Amendment No. 5 ("Amendment") to Professional Services Agreement is made and entered into effective the July 16, 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Biggs Cardosa Associates, Inc., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i) CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective January 17, 2017 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A".
(ii) The Parties now seek to amend the Agreement to extend the term of the agreement and increase the cumulative contract not -to -exceed amount by $155,502 for additional design and field work in support of the Golden Avenue Bridge Replacement Project. (iii) All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:

1.1. Compensation. Consultant shall be paid in accordance with the revised fee schedule for an amount of $155,502 for the additional services set forth in Exhibit "A" of this Amendment No. 5. Consultant's total compensation shall not exceed Nine Hundred Seventy Thousand and Nine Hundred Thirty Eight Dollars ($970,938).

2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

3. The Agreement, all amendments together with this Amendment No. 5 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 5 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 5 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 5 to the Consulting Services Agreement are to be executed as of the day and year first above written.

Page 1 of 2 ends

CONSULTANT CITY OF PLACENTIA
frizeleal TI.00.44
By: By:

Michael Thomas, Principal Damien R. Arrula, City Administrator ATTEST:

By:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

By:

Christian L. Bettenhausen, City Attorney

Page 2 of 2 ends

June 24, 2024
BCA Project No. 2017041
Mr. Chris Tanio, Acting Director of Public Works
City of Placentia, Public Works Department
401 East Chapman Avenue
Placentia, CA 92870
Subject:

Dear Chris:

Extra Services and Fee Request — Caltrans Right -of -Way Certification, Environmental Permit reverification, OC Loop Coordination, Redesign of 100% PS&E package, Construction Bidding Services and Construction Phase Services for Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Federal Project No. BRL-5269(025) Bridge NO. 55C-0192 Biggs Cardosa Associates is submitting this Extra Services and Fee Request as agreed and previously discussed. The scope provided in this proposal is intended to carry the project to completion.

The following is background information on the project status and decisions preceding this proposal. From the time the Amendment #4 request was submitted (April 27, 2022) and subsequently approved (September 2022), the BCA team continued to perform the tasks requested by the City even though the existing budget had been exhausted across all tasks. The project had essentially been completed however due to complications related to the construction funding that the City believed it had secured, the project status went into limbo while the City attempted to determine a path forward in securing the funding. BCA assisted the City in assessing options for moving forward, which included restarting the Right -of -Way (ROW) process to bring the ROW design into compliance with Caltrans procedures and federal regulations, and potentially redesigning the project geometrics to ensure all permanent features and temporary access routes would fall within existing City ROW. The City concluded in the Fall of 2022 that the project would need to restart the ROW process, and extensive Caltrans coordination ensued. In the early summer of 2023, BCA began ongoing budget discussions with the City with respect to submitting an additional scope and fee request, however it was mutually agreed to by BCA and the City that submitting one proposal that covered all additional tasks would be preferred in order to minimize City Council involvement. To meet this objective, it was necessary to progress the design to the point where the BCA team gained a full understanding of the environmental and regulatory process, especially the US Army Corp's 408 permit. Doing so necessitated a significant amount of work that was outside of the scope of Amendment #4, but which relied on the budget established by Amendment #4, as agreed upon at the time by the City and BCA.

At the time of the proposal for Amendment #4, the original scope of work intended to finish out the project by completing the following identified scope:
• Regulatory reverification process
• continued utility provider coordination
• an anticipated E-76 submittal
• on -going cursory review 8t coordination with the OC Loop project • engineering support during the Bidding and Construction phases At the outset of ROW certification, Caltrans indicated that the City's right-of-way design did not meet federal regulations, and would need to be re -done. This precipitated a significant shift in overall schedule and required tasks that involved additional project management, PDT meetings and coordination, environmental permitting, utility coordination, ROW coordination and meetings, and because the OC Loop would eventually leapfrog our project schedule in terms of construction, the Golden Avenue project now needed more extensive coordination and design/ plan revisions. This included assessing the constructability of both projects as well as advertising/ administrative roles and responsibilities. The following is a brief breakdown of the out -of -scope work that resulted from the renewed ROW process:
3cr..

Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
• Extensive ROW meetings with City, Caltrans ROW staff, and the City's Real Estate consultant • Golden Ave Project/ OC Loop Project/ Caltrans coordination • Property and easement reviews
• NEPA Coordination and Revalidation process
• CEQA Coordination and Addendum preparation
• Additional OC Loop meetings, reviews & coordination
• Base map revisions, design verification and/or revisions • Additional utility relocation verification & coordination • Additional 408 permit coordination, memorandum and extension request • Bi-weekly PDT meetings with meeting minutes per the City's request

1. SCOPE REQUIRED TO TAKE THE PROJECT TO CONSTRUCTION
On February 4th 2024, the City received an informal confirmation from the US Army Corp of Engineers that an extension of the 408 permit would be forthcoming. As such, the project focus reverts back to completing the ROW certification process, finalizing the utility relocation coordination, completing the required environmental studies, and finalizing the PS&E. On February 6th, the City's Project Manager prepared and circulated a project schedule that indicated the project was on track to meet the funding deadline and that the ROW task is now the critical path. The anticipated ROW certification date is listed as 11/15/24, it is assumed that the bi-weekly PDT meetings will continue until then. The anticipated award date is 5/26/25 and the start of construction is listed as 6/15/25. The anticipated tasks are as follows:

ADDITIONAL PROJECT MANAGEMENT SERVICES:

In keeping with the City's request for bi-weekly PDT meetings, additional meetings are required inclusive of preparation of agenda, meeting minutes, and tracking action items. Also, project administration duties which include progress reports in which BCA will detail major items of work that were performed during a billing period and through the end of the construction phase.

ENVIRONMENTAL SERVICES:

Phase I Initial Site Assessment
A Phase I Initial Site Assessment (ISA) was performed in February 2018. The project went on hold in 2018 to undergo design revisions; therefore, environmental clearance was also put on hold at the time until the revisions were finalized. A Phase I ISA is generally valid for a maximum time period of one year. Therefore, the ISA will need to be revised to confirm and update current site conditions. The ISA will identify all documented hazardous waste sites located within the project study area, as well as facilities located within the project study area that store, transfer, or utilize potentially hazardous materials. An Environmental Data Resources records search will be obtained to identify all known hazardous waste sites located within the project study area that are classified as a hazardous waste site under state law. A visual survey of the project area will also be conducted to identify any obvious area of hazardous waste contamination. Upon review of the records search and results of the visual survey, the potential impact to the project will be determined, and subsequent procedures to determine the extent of contamination and remediation requirements will be included in the ISA. Deliverables include one electronic copy of the draft and final Phase I ISA.

Phase II Sampling
The previous Phase I ISA found that Phase II sampling for soil and groundwater contaminants, aerially deposited lead, lead based paint, and asbestos containing materials would be required. We will perform a field survey to conduct soil, groundwater, asbestos, and lead based paint testing. Laboratory analysis will determine the presence of hazardous materials and a report will be prepared to summarize the results.

Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
Deliverables include one electronic copy of the draft and final Phase II Sampling Report. Please note that this proposal does not include incorporating any recommendations arising from the sampling report as the extent of that scope is currently unknown. Therefore, any required revisions to the PS&E package must be addressed in a separate scope and fee proposal at a future date.

UTILITY COORDINATION SERVICES:

Additional coordination work is required, including coordinating with SCE for updating the design of their proposed underground facilities. Following a recent meeting with SCE representatives, it is expected that the bridge project will be responsible for constructing the SCE facilities and will therefore need to be tracked in the PS&E package. However, at this time it is still unknown what impact, if any, that including this SCE work will have on the environmental document requirements and permits.

RIGHT OF WAY ENGINEERING SERVICES:

Legals and Plats
Legal descriptions and plat maps were produced previously to define the various temporary and permanent easements needed for the bridge and construction. The previous iterations of those documents were completed in 2019 and need updating to reflect recent property line changes and to comply with a Caltrans review. In addition, updates to the original property lines and ROW base map will be performed to reflect current data in the deliverable drawings.

Caltrans Coordination
On -going coordination and meetings with Caltrans staff is expected to continue, including submittal reviews and responding to comments. Also included is coordination and meetings with the City's real Estate consultant, Epic.

CONTRACT BID DOCUMENTS:

Once the ROW certification process and utility coordination is finalized, the current 100% PS&E package will need to be reviewed and revised accordingly. It is understood that the BCA team will revise the technical provisions, including updating to the 2021 Greenbook and to the 2023 Caltrans standards, and the City will generate the front-end specifications. A final bid set of documents will be prepared which includes:
• Demolition Plan
•
General Plan
• Plan and Profile
•
Foundation Plan
• Grading Plan
•
Abutment Details Sheet
• Utility Control Plan
•
Typical Section Sheet
• Storm Drain Plan
•
Girder Details Sheet
• Erosion Control Plan
•
Structure Approach Layout
• Signing and Striping Plan
•
Drainage Details Sheet
• Street Improvement Plan
•
100% Technical provisions and
Estimate updates
BIDDING AND CONSTRUCTION SUPPORT SERVICES:

The scope for these services will not change from the previous amendment and is included below. It was previously agreed by the City that the BCA team would use the bidding and construction support services budget to fund out -of -scope work until it was possible to submit this request. A line item in the fee breakdown

Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
is included for the purposes of re-establishing the previous budget, however at the City's request, these line - item budgets will be listed as optional in this request. The scope is as follows:
(Optional) Bidding
The BCA design team will provide assistance to the City during the bidding process. This assistance includes attending one Pre -Bid Construction Meetings and one additional office/ field meeting to clarify any design questions raised and found from the plans prior to construction beginning on the project. The BCA team will work closely with City staff to respond to all bid inquiries and questions relating to the plans and specifications during the bid period. Should addenda be required, the BA+CA team will assist with their preparation. All written responses to Contractor inquiries will be provided within two (2) working days of receipt of the Contractor's request. Along with this support, we will also be available to attend the bid opening. If requested, the BCA team will conduct a review of their services within the bids and supporting documentation to assist in confirmation of the lowest responsive and responsible bidder. Once this review is complete, we will make a recommendation to the City with the acceptance of and award, or if a rebid of the project if determined necessary.
(Optional) Construction Support
BCA will provide assistance to the City during construction which is anticipated to last between 6 to 8 months. The following tasks assume a duration of 8 months and include responding to requests for information (RFI's), assisting in contract change orders (CO's), reviewing shop drawings and materials/product submittals for conformance with the plans and specifications, provide clarification of design intent, when necessary, field visits to address construction issues and to observe construction of key structural components. It is assumed that there will be monthly meetings to discuss the progress of the project's discussion (8 total) and also a total of 12 field visits is assumed for the preparation of this fee estimate. Within thirty (30) days following the completion and acceptance of the Project, the BCA team will furnish a complete set of As-Builts on Bond paper to the City. Revisions will be solely based upon as - built information provided to the City and the BCA team by the City's Construction Manager and the Project Contractor. Upon approval of the bond copy of plans by the City, we will plot the As-Builts on Mylar for submittal to the City for their records.

As previously stated, should the OC Loop Project require changes in our project's design, the changes would be addressed during the construction stage. Accordingly, we have assumed a nominal amount of time that may be required for a redesign and the drafting and coordination related to any changes. Given the unknown nature of any future changes in design, this work effort and the accompanying budget should be viewed as provisional and subject to future amendments. (Optional) Agency Notifications
If requested, the BCA team will coordinate with the City to complete the required pre -construction submittals and notifications required by regulatory permits prior to initiating construction. Pre - construction agency notifications may include notice of start of work and other items such as final design plans. We will coordinate with the City to complete any required post -construction submittals and notifications. Notifications may include those required by regulatory permits to document and summarize the results of project construction and post -construction conditions. We will coordinate with the City to gather and/or prepare the necessary documentation and will submit the information to the agencies, as required.
(Optional) Construction Monitoring
If requested and required by the regulatory permits, BCA team member GPA will conduct bi-monthly construction monitoring. GPA will monitor specific activities typically required by the regulatory permits.

The results of each monitoring visit will be summarized in an email to the City. GPA will coordinate with

Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
the City as needed to correct any conditions that are out of compliance during monitoring visits.

Construction is anticipated to last for up to six months. Up to 12 construction monitoring visits would be conducted.

Fee
Our construction support services fee represents our best estimate of the costs involved. The construction support services costs are highly unpredictable, and highly dependent on the contractor's proficiency / performance and the overall construction schedule. The final cost may be above or below the amount estimated in this proposal. For the reasons listed above, we recommend that the City establish a contingency budget for construction support services. This budget can then be utilized if more effort is required.

BCA proposes to provide the various 'Services' outlined in this proposal, including direct expenses, not including "optional" tasks, for a fixed base fee not to exceed $155,502. A detailed breakdown of our fee proposal is attached. At the City's option, optional tasks may be added to the BCA team's scope as outlined in the above proposal, and for the fee $94,687 as shown in the attached Fee Proposal. Please note that BCA's previously used rates have expired. Updated rates are used for this Extra Services request.

Assumptions made in the preparation of this proposal:
■ It is assumed that the current survey limits are adequate for the relocation of the bridge. Should additional survey be required, the BCA team will prepare a scope of work and cost for the City to review and approve.
■ The 408 permit will be extended by the USACE
■ This proposal does not include incorporating any recommendations arising from the sampling report as the extent of that scope is currently unknown. Therefore, any required revisions to the PS&E package must be addressed in a separate scope and fee proposal at a future date.
■ An E-76 process is assumed, involving coordination with Caltrans and obtaining a right-of-way certification. As such, it is anticipated that construction bid solicitation will begin in Summer 2025. ■ OC Loop reviews have been completed. If any design changes, reviews or field visits are requested, they will be considered out of scope and not included in this proposal. ■ Construction is anticipated to last approximately six to eight months. If the construction schedule changes and additional services and/or monitoring are requested, an additional scope of work and budget to support this effort can be provided upon request.
■ Site visits are limited to structural observations only during construction. Special structural inspections are not part of this scope and fee proposal. If requested, BCA can provide a separate scope and fee proposal for Inspection Services.
■ Remedial engineering design to determine corrective action required due to materials and/or contractor's operations not meeting contract requirements is not included in this proposal. Per your request, BCA can provide this work as extra services.
■ Engineering advice and technical support for construction change orders to the plans and specifications initiated by the contractor, preparation of change order documentation which would include, where appropriate, changes to plans and specifications, and additional structural details are not included in this proposal. Per your request, BCA can provide additional hours to perform these duties, as additional services.

Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
■ We shall review or take other appropriate action upon Contractor's submittals, as requested by the City or the CM's RE, such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents.
■ All shoring design will be the responsibility of the contractor and their designated licensed Civil Engineer. Biggs Cardoso Associates will conduct a limited and cursory review of all shoring submittals to check for general compliance with the design concept of the project and general compliance with the information given in the contract documents.

We look forward to continuing to work with you on this project to bring it to successful completion. Please contact me if you have any questions or comments.

Sincerely,

BIGGS CARDOSA
ASSOCIATES, INC.

Carlos Vasquez, PE
Engineering Manager
Attachments:
■ Fee Proposal

Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Fee Proposal I Biggs Cardosa Associates I Additional Services Biggs Cardosa Associates, Inc.

ERSC, Inc
GPA Consulting

SCOPE OF WORK
Principal
P
Project
Manager
9 Senior
Engineer
9 Staff
Engineer
9 Senior
Computer
Drafter
Admin
Principal
P
Civil Project
Manager
9 Senior
Project
Engineer
9 Design
Engineer
9 Secretarial
Principal
Env. Planner
Senior
9�
Biologist
Senior GIS
Analyst
Y
Senior Env.

Planner
Biologist
9 Total
Hours
Labor
Subtotal
$329.95
$219.52
$179.14
$135.86
$176.29
$137.94
$253.43
$215.99
$200.57
$149.14
$92.57
$272.26
$146.77
$145.43
$126.26
$82.50

PROJECT MANAGEMENT
$44,820
Tas<: Bucget: Coorcination & progress meetings, Ac ministration 1 18
100
9 2
9 44
9 9
13 11
22 247
$44,820

REGULATORY PERMITTING AND ENVIRONMENTAL
$50,062
Task: Section 401 Water Quality Certication Application 1 1
14 3
23 42
$4,787
Task: Section 404 Nationwide Permit Verification
2 4
18 31
55 $6,355
New Task: Phase I Initial Site Assessment
1 1
1 4
7 $1,092
Direct Cost: Report preparation by Cornerstone
$3,995
New Task: Phase II Sampling
1 1
4 13
19 $3,045
Direct Cost: Testing and report preparation by Crawford $30,787

CONTRACT BID DOCUMENTS
$34,051
New Task: Prepare and submit updated 100% PS8tE package 2 4
35 9
2 2
13 44
84 195
$34,051

UTILITY COORDINATION SERVICES
$17,345
Task: Reviews, coordination meetings, misc support
1 18
49 44
112
$17,345

RIGHT-OF-WAY ENGINEERING SERVICES
$9,225
Task: Reviews, coordination meetings, misc support
18 18
$3,225
Direct Cost: Update Plats & Legals, by Prism
$6,000
(OPTIONAL) CONSTRUCTION BIDDING SERVICES
$16,642
Task: Pre -bid meetings, respond to inquiries/clarifications 3 33
35 9
4 84
$16,642
(OPTIONAL) CONSTRUCTION SUPPORT SERVICES (8 month max)
$78,045
Task: RFI's, CO's, Shop drawings, monthly meetings
2 51
191
22 4
270
$50,501
Task: Notice of Design Change
1 2
11 9
23 $4,326
Task: Agency Notifications
2 27
53 82
$8,774
Task: Construction Monitoring
2 24
4 120
$14,443
Labor Subtotal, Base fee
$155,502
Labor Subtotal, Optional fee
$94,687
Other Costs
"Other Cost" Subtotal

/
®
Ao

CC' CERTIFICATE OF LIABILITY INSURANCE
YYY)
E/2DATE (MM/DD/YM/DDIY
0/2024
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
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
License#: 6003745

CONTACT
NAME: Jennifer Aguirre

PHONE FAX
(A/C, No, Ext): 626-381-9091 (A/C, No):

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: XL Specialty Insurance Co.
37885
INSURED BIGGCAR-01
Biggs Cardosa Associates, Inc.

Alameda
865 The Alameda
San Jose CA 95126
INSURERB: Sentinel Insurance Company
11000
INSURER c: Hartford Accident and Indemnity Company
22357
INSURERD: HARTFORD INSURANCE COMPANY
38288
INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 257593865
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

TYPE OF INSURANCE

INSD DDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DDIYYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
B
X

COMMERCIAL GENERAL LIABILITY
Y
Y
57SBWBO6247
9/1/2023
9/1/2024

EACH OCCURRENCE
$1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE RETED
PREMISESO(Ea occurrence)
$ 1,000,000
X
Contractual Liab
MED EXP (Any one person)
$ 10,000
Included

PERSONAL & ADV INJURY
$ 1,000,000
GEN'L

AGGREGATE
X

LIMIT APPLIES
INT-
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ 2,000,000
$
C

AUTOMOBILE
X
X

LIABILITY

ANY AUTO
OWNED
x

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
Y
57UEGBD0434
9/1/2023
9/1/2024

COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
B
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
Y
Y
57SBWBO6247
9/1/2023
9/1/2024

EACH OCCURRENCE
$ 9,000,000

AGGREGATE
$ 9,000,000
DED
X
RETENTION $ 10 000
$
D

WORKERS COMPENSATION

EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
Y
57WEGAT6XHA
9/1/2023
9/1/2024
X
PER

STATUTE
OTH-
ER
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
Professional Liability &
Pollution Liability Included
DPR5024553
3/1/2024
3/1/2025
Per Claim
Aggregate Limit
$5,000,000
$9,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Umbrella Policy is follow form to its underlying Policies: General Liability/Auto Liability/Employers Liability/Employee Benefits Liability.

Re: Federal Project #BRL-5269(025), Bridge No. #55C-0192, The Golden Avenue Bridge Replacement Project at Carbon Canyon Channel - The City of Placentia, its elected and appointed officers, officials, employees and agents are named as additional insureds as respects general and auto liability for claims arising from theoperations of the named insured. General Liability insurance is Primary/Non-Contributory per policy form wording. Waiver of Subrogation applies to General Liability and Workers' Compensation policy. CANCELLATION: 30 day notice will be sent to the certificate holder.

CERTIFICATE HOLDER
CANCELLATION 30 Day Notice of Cancellation
City of Placentia
401 East Chapman Avenue
Placentia CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

57UEGBD0434

COMMERCIAL AUTOMOBILE
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the Declarations
is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an "insured"
under any other automobile policy or
would be an "insured" under such a policy
but for its termination or the exhaustion of
its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its acquisition
or formation by you, unless you have
given us notice of the acquisition or
formation.

Coverage does not apply to "bodily injury"
or "property damage" that results from an
"accident" that occurred before you
formed or acquired the organization.
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.

Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for "bodily
injury" or "property damage" caused by
the conduct of an "insured" under
paragraphs a. or b. of Who Is An Insured
with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
g.
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21

Page 1 of 5 ends

(c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
(2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
(a) The limits of insurance specified in the
written contract or written agreement;
(3)
or
(b) The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.

Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non-contributory with the additional
insured's own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -

DUTIES IN THE EVENT OF ACCIDENT,

CLAIM , SUIT OR LOSS - OF SECTION
IV - BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.

2. Primary and Non -Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A.1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.

If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5.d.
(2) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.

Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.

When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to defend
the insured against that "suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.

We will share the remaining loss, if any, by
the method described in SECTION IV -
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.

3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee" on
your behalf and at your direction will be
considered an "auto" you hire.

The SECTION IV- Business Auto Conditions, B.

General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee's" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the "employee's"
personal insurance.

Page 2 of 5 ends

4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.

No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.

We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
I II - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C.2. is amended to
add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:
(3)
Form HA 99 16 12 21 Page 3 of 5

(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION I II - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION I II - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
"accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

Page 4 of 5 ends

Form HA 99 16 12 21

19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non -hybrid"
auto's actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21

Page 5 of 5 ends

Policy # 57SBWBO6247
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F -

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford

Policy # 57SBWBO6247

BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05

Page 11 of 24 ends

BUSINESS LIABILITY COVERAGE FORM
Policy # 57SBWBO6247
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
(g)

Page 12 of 24 ends

Policy # 57SBWBO6247

BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, 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 omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory,
architectural
activities.
inspection,
or engineering
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, 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 omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products -
completed operations hazard", but
only if
(i)
The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products -
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

Form SS 00 08 04 05 Page 13 of 24

BUSINESS LIABILITY COVERAGE FORM
Policy # 57SBWBO6247
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory,
architectural
activities.
inspection,
or engineering
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

Page 14 of 24 ends

Form SS 00 08 04 05

Policy # 57SBWBO6247

BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
(3)
(5)
Form SS 00 08 04 05 Page 15 of 24

BUSINESS LIABILITY COVERAGE FORM
Policy # 57SBWBO6247
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.

Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
(3)
(5)

Page 16 of 24 ends

Policy # 57SBWBO6247

BUSINESS LIABILITY COVERAGE FORM
(7)
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Form SS 00 08 04 05

Page 17 of 24 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57WEGAT6XHA Endorsement Number:

Effective Date:09/01/2023 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Biggs Cardosa Associates, Inc. 865 The Alameda
San Jose, CA 95126
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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
�. ate...._
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date: 09/01/2024

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: STEFANIE ACOSTA-REYES, PUBLIC SAFETY COMMUNICATIONS MANAGER DATE: JULY 16, 2024
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MOETIVATIONS INC. FOR

TEMPORARY DISPATCHER ON DEMAND SERVICES
FISCAL
IMPACT: EXPENSE: $ 108,204.95 FISCAL YEAR 2024-25 (101515-5005) SUMMARY:

The Placentia Public Safety Communications Center (Communications Center) is a public safety division that operates 24/7 serving the community and our public safety partners. The Communications Center triages over 58,000 calls throughout the year for Police, Fire, and Emergency Medical services. As with any 24 -hour operation, adequate staffing is necessary to efficiently perform all public safety dispatching and call -taking responsibilities. With the upcoming extended leaves of absence for three (3) full-time employees approaching and having two newly hired full-time dispatchers still in training, Staff researched possible remedies to temporarily staff the Communications Center and ease the excessive overtime burden on remaining dispatchers.

The City located one organization which provides contracting dispatcher services. Moetivations, Inc. (Moetivations) can assist the City with a "dispatcher on demand" system to reduce job burn out and alleviate overtime costs. City representatives met with Moetivations consultants to learn more about the process involved with contracting temporary dispatcher services. Due to the specialized training involved in the public safety dispatch profession, as well as having limited other resources available to alleviate the impact of overtime on dispatchers during the planned extended leaves, an agreement and quote were received, and Staff is recommending the City Council award a contract to Moetivations Inc. to provide dispatcher on demand services to the City for an initial term of three (3) months with an option to extend for a period up to one year.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve a Professional Services Agreement with Moetivations Inc. for Temporary Traveling Dispatcher Services for a period of three months in Fiscal Year 2024-25, with the option to extend for an additional period of nine months at the discretion of the City Council; and

2. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.

1.L
July 16, 2024

City Council Agenda
July 16, 2024

Page 2 of 4 ends

DISCUSSION:

For the next few months, the Communication Center will be short staffed due to upcoming extended leaves of absence for three (3) full-time employees and having two (2) newly hired dispatchers still in training and not capable of covering vacant shifts independently. To provide adequate assistance to all community members, the Communications Center must be staffed with no less than two dispatchers during the early morning hours, and three dispatchers during peak activity periods to triage all calls for Police, Fire and Emergency Medical Services as well as dispatch these field responders to calls for service.

Staff researched possible remedies to address the temporary staffing shortage in the Communications Center and ease the excessive overtime burden on the dispatchers. The City located one organization, which provides contract dispatcher services. Moetivations, Inc. (Moetivations) offers services that would supplement the City's staffing with a "dispatcher on demand" system to reduce job burn out and reduce overtime costs. City representatives met with Moetivations consultants to learn more about the process involved with contracting temporary dispatcher services. Due to the specialized training involved in the public safety dispatch profession, as well as having limited other resources available to alleviate the impact of overtime on dispatchers during the planned extended leaves, an agreement and quote were received, and Staff is recommending the City Council award a contract to Moetivations Inc. to provide dispatcher on demand services to the City for an initial term of three (3) months with an option to extend the contract for a period up to one year.

During the next few months there are between 600 to 700 overtime hours each month that need to be filled within the Communications Center to meet minimum staffing levels. The use of Moetivations versus utilizing existing City Staff has a financial savings to the City of approximately $6,000 to $10,000 per month or $18,000 to $36,000 for the initial 3 -month term. In addition, the Moetivations service would reduce the need for City Staff to work approximately 480 overtime hours each month, thereby decreasing the need to mandate dispatchers to fill those vacant shifts.

The greatest benefit to using Moetivations is the support it will provide to our team and the positive impact it will have in helping reduce dispatcher burnout should they continue to work excessive overtime until the Communications Center is back up to full staffing levels.

Moetivations is an organization based out of Denver, Colorado which assists Public Safety Answering Points (PSAPs) to succeed and thrive by providing various services including dispatchers on demand, quality assurance programs, leadership development training, recruitment and retention strategies, standard operating procedures development, as well as coaching and wellness support. Moetivations was established in 2012. Due to the national demand of short-staffed communication centers, Moetivations expanded their services in January 2023 to provide the Dispatcher on Demand program. The Dispatcher on Demand program offers experienced, 9-1-1 certified telecommunicators and dispatchers to public safety agencies to cover shift vacancies. Since the inception of these temporary dispatcher services, Moetivations has assisted over forty agencies in sixteen states, which totals over 50,170 hours of work experience for these Dispatcher on Demand services. Benefits in utilizing the Dispatcher on Demand team

City Council Agenda
July 16, 2024

Page 3 of 4 ends

include full shift coverage, a certified staff with years of 9-1-1 dispatching experience, reduced overtime needs, more time off for the agency's permanent staff, and lower job stress and related turnover. In completing reference checks with two PSAPs who are current customers, Goodyear, Arizona Police Communications as well as Boulder County Sheriff Office, these agencies had only positive feedback to provide on the services they have received from Moetivations. Goodyear Police Department Communications Manager shared they have utilized the organization twice and were pleased with their services and the personnel that was sent to their center. Boulder County Sheriff Office Communications Commander shared their experience was also positive and utilizing Moetivations cut down on the center's overtime by 50%.

Communications Center management will keep both the Police Chief and Fire Chief informed throughout the process including the logistics and filling of shift vacancies using the dispatch on demand as a temporary solution.

Below are other key factors to consider:
• All First Responders must have adequate days off for rest, which promotes a healthy work - life balance.
• Employees can and will call in sick, which causes a need to backfill their shifts to ensure sufficient staffing remains in place.
• Full-time employees are entitled to sign up for prescheduled vacations and to take paid time off.
• Supplementing employee schedules with temporary dispatcher on demand services helps to reduce job burn out.

FISCAL IMPACT:

The recommended action will approve a Professional Services Agreement with Moetivations, Inc. for dispatch on demand services for a period of approximately three months for an amount not to exceed $108,205. This will be funded from the Communication Center's overtime budget for Fiscal Year 2024-25.

Prepared by:

St 'fanie Acosta -Reyes
P lic Safety Communications Manager
Reviewed and Approved:

Da im en -R: Arrula
City Administrator
Reviewed and Approved:
anna Ramirez
Deputy City Administra or, Administration

City Council Agenda
July 16, 2024

Page 4 of 4 ends

Attachments:

1. Proposal/Quote from Moetivations, Inc.

2. Professional Services Agreement with Moetivations, Inc.

ir) MOETIVATIONS
TEAM ON DEMAND SERVICES PROPOSAL:

QUALITY ASSURANCE / QUALITY IMPROVEMENT
Assessments, Evaluation Scores, & Reports
Body Worn Camera Evaluations

LEADERSHIP DEVELOPMENT
Virtual and Onsite Training
Mentor & Coaching Programs

OPERATIONS SUPPORT SERVICES
Dispatcher on Demand
SOP & Policy Editing
Peer Support & Wellness Programs
Cyber Security Analysis
PREPARED FOR:

Placentia Public Safety Communications, CA
Stefanie Acosta -Reyes
Communications Manager
PREPARED BY:

Mike DeSeve
Proposal Manager
ON BEHALF OF:

Grant Dieckmann
[email protected]
Main Office 303.993.7850
www.moetivations.com

MOETIVATIONS
AGENCY: Placentia Public Safety Communications, CA DATE: 6-11-2024 CONTACT: Stefanie Acosta -Reyes QUOTE #
24MD065C
Dispatcher on Demand Services

PROPOSAL
Low
High
CAD
Mark43
Rate Range per hour:
$ 32.92
--
$ 40.63
911
Vesta
Months in Term:
3 months with
option to renew
to 12
RADIO
Motorola Elite

RECORDER
Verint
OPTION 1
ITEM

DESCRIPTION
QTY
Hours
LIST

MONTHS IN
TERM

MONTHLY
FEE

SERVICES
TOTAL
Launch, set up & test (one-time fee)
DOD - OOB 3 to 4 weeks
DOD 008 8 hr. coverage; 8hr shifts
2 seats x 8hrs = 16 hrs. per day /7days
1 $ 9,820.00 $ 9,820.00
1,460 $ 58.84 3 $ 28,635.47 $ 85,906.40

WEEKLY MONTHLY ANNUAL
(7days)
112 487 5,840
SERVICES SUBTOTAL:
$ 95,726.40

MONTHLY FEE
if prepaid $ 27,747.77

3.1%
$ 93,063.30
OPTION 2
ITEM

DESCRIPTION
QTY
Hours
LIST

MONTHS IN
TERM

MONTHLY
FEE

SERVICES
TOTAL
Launch, set up & test (one-time fee)
DOD - 00B 3 to 4 weeks 1 $ 9,820.00 $ 9,820.00
DOD Ol 2 12 hr. coverage; 6hr and 12hr shifts 2,190
2 seats x 12hrs = 24 hrs. per day /7days $ 58.84 3 $ 42,953.20 $ 128,859.60

WEEKLY MONTHLY ANNUAL
(7days)
168 730 8,760
SERVICES SUBTOTAL:
$ 138,679.60

MONTHLY FEE
if prepaid $ 41,621.65 $ 134,684.95

3.1%
2 of 6
2024-06-11

DOD QUOTE PAGE

MOETIVATIONS
AGENCY: Placentia Public Safety Communications, CA DATE: 6-11-2024 CONTACT: Stefanie Acosta -Reyes QUOTE #
24MD065C

PROPOSAL
Dispatcher on Demand Services
Low
High
CAD
Mark43
Rate Range per hour:
$ 32.92 -- $ 40.63
911
Vesta
Months in Term:
3 months with option to renew to 12
RADIO
Motorola Elite

RECORDER
Verint

LOGISTICS
ITEM

DESCRIPTION

ESTIMATED

MONTHLY FEE
DOD - OOT The Logistics Fees are designed to provide all participants transportation, arrival to site, room & board, and per diems/expenses. Amounts are estimated, with best faith efforts to keep costs minimal and continuously monitored. The following expenses are covered under this umbrella:
• Flights for Team to rotate in and out.
•Housing for Team (Room and Board).
•Dansportation for Team (Uber/Lyft, Rental Cars, etc..). •Iidividual Per Diem and Expenses.

Can be re -estimated and reduced based on headcount, timeline and potential agency shared or approved accommodations.

LOGISTICS are estimated;
Invoiced exact plus 9.5%
LOGISTICS ESTIMATION RANGE:
$10,250 - $15,520
3 of 6
2024-06-11 DOD QUOTE PAGE

IlikCITO MOETIVATIONS
AGENCY: Placentia Public Safety Communications, CA DATE:

CONTACT: Stefanie Acosta -Reyes QUOTE #r
6-1 1-2024
24MD065C

PROPOSAL
Dispatcher on Demand Services
Rate Range per hour:

Months in Term:

Low
High
CAD
Mark43
$ 32.92 -- $ 40.63
911
Vesta
3 months with option to renew to 12
RADIO
Motorola Elite

RECORDER
Verint

APPROVAL PAGE
Quote Valid for 120 days

LAUNCH FEE INCLUDES

AGENCY PROVIDED
PROGRAM MANAGEMENT & LAUNCH MEETINGS (Virtual)
Monthly Reporting & Feedback Loop set up; (Onsite mtgs optional)

SITE ASSESSMENT & PROFILE INTAKE FORM

SECURE FILE SET UP (SHAREPOINT SUBSITE)
Collect & Document participant work assignments
SOP & POLICY files
SCOPE Document & Escalation Details
PORTAL IMPLEMENTATION with secure URL
RECORD & UPLOAD ORIENTATIONS INTO PORTAL (3 hr. each)
911 SYSTEM Recording
CAD System Recording
RADIO System Recording

LOGISTICS COORDINATION

PARTICIPANTS BACKGROUND CHECKS

COLLECT & DOCUMENT RELEVANT RESOURCES

AGENCY PROFILE, CONTACT & SCOPE DETAILS

JURISDICTIONS & DISPATCHED AGENCIES OVERVIEW

SOP & POLICY DOCUMENTATION
TRAINING PROGRAM DOCUMENTATION may include but not limited to: Call Types, CAD codes, radio codes, common phone numbers, major public buildings, reference guides, MAPs and other docs as needed for participant work assignments

COORDINATION & ORIENTATION RECORDINGS

POINT OF CONTACT FOR PROGRAM PARTICIPANTS

ONSITE ORIENTATION DAY

FACILITY OVERVIEW

NCIC APPROVAL
UNION (if applicable) APPROVAL

PARTICIPATE IN RESOURCES DETAILS

PAYMENT TERMS
SERVICES LAUNCH Launch fee plus first month Due Upon Award Monthly Contracts Invoiced end of month Due Net 21 Prepaid discount Logistics 30% Deposit due against logistics Due Upon Award term
Logistics Invoiced at end of month Due Net 21
Exact plus 9.5%
noted in pricing
$
PREPAID DISCOUNTS 1% to 5% discount for prepaid Due Net 15 programs
TRAINING Months equal to Included in Launch fee
PORTAL Term
Additional Staffing Prepaid and Discounted Due Net 30

PROPOSAL APPROVAL

AUTHORIZING SIGNATURE

AUTHORIZING NAME
TITLE
Total
Date
Total
$

OPTIONS APPROVED
The authorizing party must have budgetary discretion to approve the terms described in this Proposal. Final invoices to include any taxes or credit card processing fees, if applicable. The approved proposal will be attached as an Exhibit to the Service Agreement, as needed.

Statement of Confidentiality & Non -Disclosure
This document contains proprietary and confidential information. All data submitted to your agency is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with MOETIVATIONS, Inc. The recipient of this document agrees to inform employees of your agency who view or have access to its content of its confidential nature. The recipient agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without MOETIVATIONS, Inc. express written consent. MOETIVATIONS, Inc. retains all title, ownership, and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing material, and multimedia. By acceptance of this document, the recipient agrees to be bound by the aforementioned statement. o
2024-06-11

DOD QUOTE PAGE

kirCO MOETIVATIONS
Job Title: Call-Taker/Dispatcher - limited scope
Department: COMMUNICATIONS CENTER
=I 1
DISPATCH ON DEMAND Services
Serve as the first point of contact for the communications center, answering emergency and non - emergency calls for service involving police, fire, or medical emergency and other public service requests. Responsible for answering calls requesting emergency service; providing routine non- technical information; extracting call information and providing pre -arrival instructions based on protocols.

Identify need for Dispatch, and coordinate with Dispatch within in the communications center to send appropriate Law, Fire, and EMS agencies to calls for service.

Job Duties and Responsibilities — include but are not limited to the following:

Receive and process all calls requesting response from emergency service agencies within the communications center to include 911 calls and texts, 911 transfer calls from other Public Safety Answering Points (PSAP), and calls from administrative lines.

As allowed: Use Computer Aided Dispatch (CAD) system to enter all call information, perform queries, and enter other related logs or information in the CAD.

As allowed: Use the National Law Enforcement Teletype System (NLETS) and National Crime Information Center (NCIC) according to policy for queries, entries, confirmation, and validation in accordance with established protocols.

Adheres to NCIC and CJIS administrative and security requirements, systems sanctions, criminal history dissemination, etc., as required.

As allowed: Use emergency communication systems, paging, and other alert systems to dispatch, communicate and coordinate with emergency responders.

As allowed: Answer and acknowledge all warnings, alerts, and tests from the National Warning System.

Disseminate weather watches and warning information to all emergency responders and general public as required.

Contribute to the efficiency and effectiveness of the department's service to its customers by offering suggestions and participating as an active member of a working team.

Represent the PSAP with dignity, integrity, and a spirit of cooperation in all relationships with staff and the public.

AGENCY CREDENTIAL REQUIREMENTS:

LICENSES & CERTIFICATIONS: ability to obtain and maintain the following certification within 3 months of arriving onsite, and maintain certifications to continue services in position

NCIC CERTIFICATION
Public Safety Telecommunicator Certification: ADD STATE HOURS OR ASSOCIATION DETAILS Emergency Medical Dispatch Certification: ADD SPECIFC PROTOCOL REQUIRED EDUCATION REQUIREMENTS: ADD MINIMUM REQUIREMENTS HERE
2024-06-11
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DISPATCHER ON DEMAND
Having trouble covering your shifts?
Allow us to help. We send 911 certified Telecommunicators & experienced Dispatchers to your agency to cover your shifts.

We provide long term relief or short-term respite for exhausted and burned out teams. We show up!
Our people will serve as the first point of contact for the communications center, answering emergency and non -
emergency calls for service involving police, fire, or medical emergency and other public service requests. Responsible for answering calls requesting emergency service; providing routine non -technical information; extracting call information, and providing pre -arrival instructions based on protocols.

Your team can THRIVE again!
Our instructor crew will set it all up:
• Mentor & coach arriving teams.
• Provide agency specific SOP's & orientation, pre -arrival. • Coordinate all travel, housing & logistics.
• Refresh & restore your existing team's morale.
• Influence coping skills & consistency in dispatch.
• Utilize recognition programs & soft perks.

We are highly skilled in
majority of industry leading
9-1-1 systems, CAD
systems, MAP & GIS, Radio,
NEXT GEN technologies,
EMD protocols, and SOPs.

TRAVELING

DISPATCHERS

LAW - FIRE - EMD

NCIC, NLETS & CJIS

PROFESSIONAL CALL
TAKING

COVERING SHIFTS

IMPROVING STAFF
MORALE

PROVIDING RELIEF

CARING FOR OTHERS
"Its like a breath of fresti
air having certified
experienced dispatchers
arriving to relieve us"
-Director, North Dakota
CONTACT US TODAY:

WWW.MOETIVATIONS.COM
(303) 993-7850
2024-06-11
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DOD TEAM ON DEMAND SERVICES AGREEMENT
This Dispatch on Demand Services Agreement (this "Agreement") is entered into as of (the "Effective Date"), by and between the City, by and through the Placentia Public Safety Communications Center, CA (the "Placentia Public Safety Communications Center") and Moetivations, Inc., a Colorado corporation (the "Contractor"). The Placentia Public Safety Communications Center and the Contractor may be referred to herein as a "Party" or the "Parties".

RECITALS
A. The Placentia Public Safety Communications Center answers 9-1-1 emergency calls in Placentia, CA.

B. The Placentia Public Safety Communications Center is establishing shift coverage and implementing temporary professional services and duties in call -taking, with the goal of progressing and covering Police and Fire and EMD dispatch services provided by similarly situated full time staff at Placentia Public Safety Communications Center As contract staff become proficient in call -taking at Placentia Public Safety Communications Center, the expectation is that these staff will progress to both Police and Fire and EMD Dispatch duties so that those available roles can be covered.

C. Placentia Public Safety Communications Center operates out of 401 East Chapman Avenue, Placentia, CA 92870. Contract staff is expected to operate out of this location.

D. The CAD system is Mark43, the Radio System is Motorola Elite, the 9-1-1 system is Vesta, and all are housed at the PSAP operated by Placentia Public Safety Communications Center.

E. The Placentia Public Safety Communications Center desires to hire a Professional Services Team, who will report to the Placentia Public Safety Communications Center authority, Rosanna Ramirez or assigned designee, to establish call -taking and/or dispatch professional services, and provide monthly feedback, as directed by the Proposal for Dispatch on Demand attached hereto as Exhibit A (the "Services") and according to the terms and conditions herein.

F. Contractor will fill contract hours outlined in Exhibit A at Placentia Public Safety Communications Center. Contractor will prioritize contract employees to assist Placentia Public Safety Communications Center who are available for the longest period of time and on the most consistent basis.

G. The Parties desire that the Placentia Public Safety Communications Center engage the Contractor to provide Professional Services as outlined in Exhibit A.

AGREEMENT
ACCORDINGLY, in consideration for the recitals and the mutual promises herein, the Parties agree as follows:

1. Services. In accordance with this Agreement, and the Recitals noted above which are incorporated herein, the Placentia Public Safety Communications Center hereby engages the Contractor, and the Contractor accepts such engagement, to provide Dispatch on Demand services set forth in Exhibit A attached hereto (the "Services"). The provisions of this Agreement shall control over conflicting provisions in Exhibit A. The Initial Term of the Agreement shall begin on the Effective Date and extend to ("Initial Term"). The Contractor shall continue performing the Services until the expiration of any Renewal Term pursuant to Section 2.6 unless terminated sooner pursuant to the terms herein.

The Contractor shall report to the Placentia Public Safety Communications Center POC, Rosanna Ramirez, and/or appropriate delegates. The hours of work shall be calculated by hours worked during days of the week and shall not include hours related to drive time to and from. The Contractor will make every effort

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DOD TEAM ON DEMAND SERVICES AGREEMENT
to fill contract hours with as few individual contract staff as reasonably practical in order to avoid excessive training of multiple contract employees.

2. Payment.

2.1. The Placentia Public Safety Communications Center shall pay the Contractor for the Professional Services at the hourly rate of $58.84, plus one time launch fee as set forth in Exhibit A. Hourly rate may only be adjusted based upon expanded work assignments and must accompany a written and signed change order. The Placentia Public Safety Communications Center shall pay the Contractor for the LOGISTICS required at exact cost plus 9.5% processing fees. Additional online training, onsite training and QA/QI options may be added as needed and are not included in the monthly total and shall only be included if requested by Placentia Public Safety Communications Center.

2.2. Upon award, the Contractor may submit an invoice due upon receipt for launch fee, first month discounted, and partial logistics as stipulated in Dispatch on Demand EXHIBIT A; due Net 15. Launch fee shall be deemed non-refundable.

2.3. If requested by the Placentia Public Safety Communications Center, the Contractor shall provide additional information related to an invoice, including without limitation information related to time, charges, or description of Services. The Placentia Public Safety Communications Center shall not be required to pay an invoice until the Contractor supplies such information as is reasonably satisfactory to the Placentia Public Safety Communications Center.

2.4. Notwithstanding the total time the Contractor spends performing the Services, the monthly fees payable to the Contractor for the Services shall not exceed $58.84 per hour (the "Hourly Fee") unless a fee increase is mutually agreed upon by the parties in writing upon pursuant to a Renewal Term under Section 2.6. Prepaid discounts are allowed from 2% to 4%. The fees reflect the amount of hours, work and material costs estimated by the Contractor to complete the Services in their entirety.

Onsite training options are not included into this total and, if ordered separately, will be included in subsequent invoices, as scheduled. Prepaid hours not utilized will be credited to account during renewal, if not renewed the unused hours may be processed as a refund to Placentia Public Safety Communications Center.

2.5. The Placentia Public Safety Communications Center shall pay a proper invoice for the prorated program upon receipt or within 21 days after the Placentia Public Safety Communications Center receives the invoice. Any terms and conditions set forth in the invoice shall not be binding on the Placentia Public Safety Communications Center and shall not modify or add to the terms and conditions hereof.

Each invoice shall be in a form acceptable to the Placentia Public Safety Communications Center.

2.6. Renewal Term: This Agreement will automatically renew the Contractor to perform the Services as outlined in Exhibit A for a succession term of one (1) month (each, a "Renewal Term") following the expiration of the Initial Term for the particular Services, unless either party decides that it does not wish to renew this Agreement or any particular Service hereunder before the expiration of the Initial Term or any Renewal Term, as applicable, by notifying the other party in writing at least 30 days before the completion of the initial Term or Renewal Term, as applicable. Renewal shall not exceed 12 months total terms unless terminated sooner pursuant to the terms herein. Prepaid discounts may apply.

3. Information. The Placentia Public Safety Communications Center shall provide any information in its possession or control that is reasonably requested by the Contractor to enable the Contractor to perform its obligations hereunder. If the Contractor requests information from third -party local governments in the Placentia Public Safety Communications Center jurisdiction, the Placentia Public

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Safety Communications Center shall make a good faith effort to obtain that information from the third parties.

4. General Performance Standards.

4.1. Except as otherwise set forth in this Agreement, the Contractor shall furnish all the labor, services, materials, and equipment necessary to perform and complete its obligations hereunder.

4.2. The Contractor represents and warrants to the Placentia Public Safety Communications Center that the following are true and accurate:

4.2.1 The Contractor has or shall acquire the capacity and the professional experience and skill to perform the Services.

4.2.2 The Services will be performed in accordance with the standards of care, skill, and diligence provided by competent professionals who perform services of a similar nature to those specified in this Agreement.

4.2.3 The Services shall be performed in a good and workmanlike manner.

4.2.4 All information supplied by the Contractor or its agents or subcontractors is and will be truthful and accurate in all material respects, except where the same is based on information provided by the Placentia Public Safety Communications Center or local governments in the Placentia Public Safety Communications Center' jurisdiction.

4.2.5 The Contractor has complied and will comply with all applicable laws, regulations, rules, ordinances, or similar directives regarding the Services, including any data privacy laws.

4.3. If Placentia Public Safety Communications Center authority, Rosanna Ramirez or assigned designee find that the Contractor's performance of the Services does not meet the standards set forth in this Agreement, the Contractor shall, at the Placentia Public Safety Communications Center request provide remedies or compensation.

4.4. The Contractor shall undertake and complete the Services timely to assure their expeditious completion in light of the purposes of this Agreement. If performance of the Services by the Contractor is delayed due to factors beyond the Contractor's reasonable control, or if conditions of the scope or type of Services are expected to change, Contractor shall give immediate notice if unexpected delay, and up to 30 day notice for expected delay to the Placentia Public Safety Communications Center of such a delay or change and may receive an equitable adjustment of time and/or compensation, as negotiated and agreed among the Parties.

5. Independent Contractor Status. The Contractor is and will remain a vendor in independent contractor in its relationship to the Placentia Public Safety Communications Center and shall perform their tasks and duties consistently with such status, and neither party nor its agents, students, servants, employees, officers, directors, or trustees will make a claim or demand for any right or privilege applicable to an agent, student, servant, employee, officer, director or trustee of the other, including but not limited to Workers' Compensation coverage, disability benefits, accident or health insurance, unemployment insurance, social security or retirement membership or benefits. Nothing contained in this Agreement shall constitute or be construed to be or to create a partnership or joint venture between the parties. IF

REQUIRED BY LAW, ALL PAYMENTS MADE TO THE CONTRACTOR HEREUNDER WILL BE REPORTED ON A CALENDAR YEAR BASIS USING IRS FORM 1099. THE Placentia Public Safety Communications Center WILL NOT: (1) WITHHOLD FICA

SOCIAL SECURITY AND MEDICARE TAXES) FROM THE CONTRACTOR'S PAYMENTS OR MAKE FICA PAYMENTS ON THE

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DOD TEAM ON DEMAND SERVICES AGREEMENT
CONTRACTOR'S OR THE CONTRACTOR'S AGENT'S BEHALF, (2) MAKE STATE OR FEDERAL UNEMPLOYMENT COMPENSATION CONTRIBUTIONS OR PAYMENTS ON THE CONTRACTOR'S OR THE CONTRACTOR'S AGENT'S BEHALF, OR (3) WITHHOLD STATE OR FEDERAL INCOME TAX FROM THE CONTRACTOR'S PAYMENTS. THE Placentia Public Safety Communications Center

WILL NOT OBTAIN WORKERS' COMPENSATION OR UNEMPLOYMENT INSURANCE OR ANY OTHER INSURANCE COVERAGE OF ANY KIND ON BEHALF OF THE CONTRACTOR OR THE CONTRACTOR'S AGENTS.

6. Indemnification and Liability.

6.1. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the Placentia Public Safety Communications Center and their elected officials, directors, officers, contractors, employees, agents, and consultants from and against limited claims, demands, losses, liabilities, actions, lawsuits, damages, and expenses, including legal expenses, costs, and attorneys' fees, brought or asserted by any third party arising out of or related to the Contractor's performance of the Contractor's obligations under this Agreement.

6.2. This indemnity coverage shall also cover the Placentia Public Safety Communications Center defense costs in the event that the Placentia Public Safety Communications Center, in its sole discretion, elects to provide its own defense. The Placentia Public Safety Communications Center retains the right to disapprove counsel, if any, selected by the Contractor to fulfill the foregoing defense indemnity obligation, which right of disapproval shall not be unreasonably exercised. Insurance coverage requirements specified herein shall in no way lessen or limit the liability of the Contractor under the terms of this indemnification obligation. The Contractor shall obtain, at its own expense, any additional insurance that it deems necessary for the Placentia Public Safety Communications Center' protection in the performance of this Agreement. This defense and indemnification obligation shall survive the expiration or termination of this Agreement for the period of one year.

6.3. EXCEPT WITH RESPECT TO THE CONTRACTOR'S INDEMNIFICATION OBLIGATIONS HEREUNDER, NO PARTY

SHALL BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL BE DEEMED A WAIVER OF THE CITY'S PRIVILEGES OR IMMUNITIES.

7. Termination.

7.1. Termination for Breach. Either Party may terminate this Agreement if any other Party commits a material breach of this Agreement, including a breach of a representation or warranty, by giving the breaching Party written notice of termination for breach. The notice of termination for breach must specify the nature of the breach in reasonable detail. This Agreement will terminate if the material breach described in the notice is not cured within 30 days after the notice is given. A termination for breach will be without prejudice to the rights any Party may have against the other Party, whether arising in connection with the breach or otherwise. Final invoice will include balance of existing service month plus logistics cancellation fees.

7.1.1 Reasonable periods of delay due to severe weather or unavoidable illness will not be considered breach. Contractor shall make every effort to provide services coverage within reasonable and timely fashion.

7.2. Termination for Convenience. The Placentia Public Safety Communications Center may terminate this Agreement for convenience by giving the Contractor of such termination 30 days before the effective date of termination. Final invoice will include balance of existing service month plus logistics cancellation fees. Remaining contract fees, if prepaid contract, will be refunded less the previously stated month balance plus 30 days, for any termination for convenience.

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DOD TEAM ON DEMAND SERVICES AGREEMENT

7.3. Effect of Termination. Unless agreed otherwise, the Contractor shall provide no further Services in connection with this Agreement after the effective date of termination, and the Contractor shall proceed, during turn down, to cancel all existing orders and contracts that are chargeable to the Placentia Public Safety Communications Center under this Agreement. The Placentia Public Safety Communications Center shall have no liability for any Services performed after the effective date of termination plus 15 days turn down time period. The Contractor shall be entitled to receive compensation in accordance with this Agreement for any satisfactory Services completed prior to the effective date of termination, or such other stop -work date as may be specified in the notice, plus appropriate turn down service fees during 15 day turn down. The Placentia Public Safety Communications Center shall own all results and proceeds of all the Services performed prior to the effective date of termination, and the Contractor shall deliver the same to the Placentia Public Safety Communications Center immediately upon demand.

8. Confidentiality.

8.1. Definition. "Confidential Information" means all information that the Placentia Public Safety Communications Center discloses to the Contractor that falls within one or more of the following categories: (1) any information identified as confidential by the Placentia Public Safety Communications Center; (2) any information that falls within the definition of a "trade secret"; (3) any information, including a formula, pattern, compilation, program, device, method technique, or process that (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; (4) any information which the Contractor knows or reasonably should know that the Placentia Public Safety Communications Center is required to keep confidential under a binding obligation with a third party or under law; and (5) all information provided to the Contractor which the Contractor knows or reasonably should know could be detrimental to the interests of the Placentia Public Safety Communications Center if disclosed or used without authorization, whether or not such information is identified as confidential. All information provided to the Contractor that contains or could be used to derive line counts from a particular carrier shall be considered Confidential Information; except such information that falls into one or more of the categories set forth in Section 8.2 shall not be considered Confidential Information. The Deliverables shall be considered Confidential Information.

8.2. Exceptions. Information that falls into any one or more of the following categories shall not constitute Confidential Information: (1) information that is or becomes part of the public domain through no fault of the Contractor; (2) information that the Contractor can show was known by the Contractor prior to its receipt from the Placentia Public Safety Communications Center; (3) information that the Contractor can show was independently developed by or for the Contractor without relying on any Confidential Information; (4) information that the Contractor can show was rightfully received from a third party who is not under any obligation to maintain the confidentiality of such information, under circumstances not involving a violation of the rights of the Placentia Public Safety Communications Center; and (5) information that the Placentia Public Safety Communications Center is required to disclose under open records request.

8.3. Protection of Confidential Information. Except as otherwise provided or permitted in this Agreement, the Contractor will not do any of the following, directly or indirectly, without the written consent of the Placentia Public Safety Communications Center: (1) disclose, transfer, or otherwise communicate to any third party any Confidential Information; or (2) use Confidential Information for any purpose. The Contractor will not permit any of its respective agents or employees to take any action prohibited by this Section 8.3.

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DOD TEAM ON DEMAND SERVICES AGREEMENT

8.4. Use of Confidential Information. A Contractor may use the Placentia Public Safety Communications Center Confidential Information consistent with the purpose and intent of this Agreement and to evaluate the feasibility of additional transactions or a business relationship between the Parties.

8.5. Disclosure by Court Order or Law. The Contractor will not be in breach of the obligations hereunder to the extent that, based upon the advice of counsel, it provides Confidential Information under a court order or discloses Confidential Information as required by law. Before the Contractor discloses Confidential Information under this Section 8.5, it must (except to the extent it is illegal to do any of the following): (1) immediately notify the Placentia Public Safety Communications Center of the court order or legal requirement; (2) give the Placentia Public Safety Communications Center a reasonable opportunity to contest or limit the required disclosure; and (3) provide reasonable assistance at the Placentia Public Safety Communications Center expense.

8.6. Availability of Injunctive Relief. The unauthorized use or disclosure of Confidential Information would be highly prejudicial to the interests of the Placentia Public Safety Communications Center and would materially damage the Placentia Public Safety Communications Center. Therefore, the Placentia Public Safety Communications Center will be presumed entitled to injunctive relief to protect its Confidential Information against unauthorized disclosure or use in violation of this Agreement. The Placentia Public Safety Communications Center may obtain injunctive relief without posting a bond (or, if a court determinates that a bond is required, then upon the posting of a nominal bond).

9. Notices. Notices to be provided under this Agreement shall be given in writing and either delivered by hand, email, or U.S. Mail to the persons or addresses set forth on Exhibit B. A Party may change its notice person or address by giving written notice to the other Parties.

10. Nondiscrimination: Contractor will comply with all applicable local, State and Federal laws concerning discrimination and unfair employment practices. Placentia Public Safety Communications Center prohibits unlawful discrimination on the basis of race, color, religion, gender, gender identity, national origin, age 40 and over, disability, socio-economic status, sexual orientation, genetic information, or any other status protected by applicable Federal, State or local law. Contractor must require that its subcontractors, if any, similarly comply with all applicable laws concerning discrimination and unfair employment practices.

11. Representations and Warranties:_Contractor represents and warrants the following:

11.1. Execution of this Contract and performance thereof is within Contractor's duly authorized powers;

11.2. The individual executing this Contract is authorized to do so by Contractor;

11.3. Contractor is authorized to do business and is properly licensed by all necessary governmental and public and quasi -public authorities having jurisdiction over the Work and the Contractor; and

11.4. Contractor and its subcontractors, if any, are financially solvent, able to pay all debts as they mature, and have sufficient working capital to complete the Work and perform all obligations under the Contract.

12. Legal Compliance: Contractor assumes full responsibility for obtaining and maintaining any permits and licenses required to perform the Work. Contractor is solely responsible for ensuring that its performance under this Contract and the Work itself will comply with all Federal, State, and local laws, regulations, ordinances and codes. Placentia Public Safety Communications Center approval of the Work or any aspect of Contractor's performance, such as plans, designs, or other Contractor -drafted

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DOD TEAM ON DEMAND SERVICES AGREEMENT
documents, shall not be interpreted to mean that Contractor has satisfied its obligations under this Section.

13. Litigation Reporting: Contractor is not currently involved in any action before a court or other administrative decision -making body that could affect Contractor's ability to perform the Work.

Contractor will promptly notify the Placentia Public Safety Communications Center if Contractor is served with a pleading or other document in connection with any such action.

14. Tax Exemption: Placentia Public Safety Communications Center is exempt from payment of Federal, State, and local government taxes. Contractor shall collect no tax from the Placentia Public Safety Communications Center, and the Placentia Public Safety Communications Center shall not be liable to pay any taxes imposed on Contractor. Placentia Public Safety Communications Center shall provide its tax exemption status information to Contractor upon request.

15. General Terms.

15.1. Further Assurances. Each Party shall execute all further documents and take all further acts reasonably necessary or appropriate to carrying out the intent of this Agreement.

15.2. Amendments. Amendments to this Agreement may only be made in writing and must be agreed to by all the Parties to be effective.

15.3. Assignability and Subcontracting. The Contractor shall not assign, transfer, or subcontract this Agreement or any obligations hereunder, without first obtaining the written consent of the Placentia Public Safety Communications Center. Any permitted assignment, transfer, or subcontract shall not relieve the Contractor of its duties and obligations hereunder.

15.4. Audit. The Placentia Public Safety Communications Center, or any of its duly authorized representatives, shall have reasonable access to any books, documents, papers, or records of the Contractor which are pertinent to the Contractor's performance under this Agreement for the purpose of making an audit, examination, or excerpts. The Contractor shall provide any documentation necessary to prepare all reporting required by the Placentia Public Safety Communications Center, and shall keep all books, documents, papers and records which are pertinent to the Contractor's performance for a minimum period of two years, or such longer time as may be set forth in any addendums to this Agreement.

15.5. Disputes. This Agreement shall be governed by the internal laws of the State of Colorado without reference to conflict of laws principals. Venue for any civil action relating to this Agreement shall be in a state court located in Arapahoe County, State of Colorado. EACH PARTY HEREBY WAIVES ANY RIGHT IT HAS

OR MAY HAVE TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

15.6. Waiver. The Placentia Public Safety Communications Center approval or acceptance of, or payment for, Services shall not be construed as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by any Party except in writing signed by a person authorized by that Party, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver.

15.7. Non -Appropriation. The financial obligations of the Placentia Public Safety Communications Center as set forth herein beyond the current fiscal year is contingent upon that Party's

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DOD TEAM ON DEMAND SERVICES AGREEMENT
legislative body's annual appropriation of funds. Nothing herein shall create a multiple year fiscal obligation.

15.8. Force Majeure. No Party shall be liable for any delay in or failure of performance of any obligation hereunder, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by an act of God, act of the public enemy, unusually severe weather, fire, flood, epidemic, quarantine, strike, labor dispute or freight embargo, or similar event outside the reasonable control of the non -performing Party, but only to the extent such event was not the result of, or was not aggravated by, the acts or omissions of the non- performing Party. Contractor shall make best effort to avoid foreseen weather delays; delay due to unforeseen and severe weather conditions shall not be penalized.

15.9. Severability. If any term or condition of this Agreement is held to be invalid or unenforceable, then the term or condition may be modified or amended by the court to render it enforceable to the maximum extent permitted; if modification or amendment is not practicable, then the term or condition shall be severed from this Agreement with no effect upon the remaining terms and conditions of this Agreement.

15.10. Third -Party Beneficiaries. The enforcement of this Agreement and all rights of action relating thereto shall be strictly reserved to the Parties. Nothing contained in this Agreement shall give or allow any claims or rights of action whatsoever by any other third person or entity.

15.11. Conflict of Interest. The Contractor shall not offer or provide (and represents that it has not offered or provided) anything of benefit to any the Placentia Public Safety Communications Center official or employee, or to any official or employee of any local government located in the Placentia Public Safety Communications Center jurisdiction, that would place the official or employee in a position of violating the public trust.

15.12. Survival of Terms and Conditions. Notwithstanding anything herein to the contrary, the Parties understand and agree that the provisions of this Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination and shall be enforceable in the event of a failure to perform or comply.

15.13. Liens and Encumbrances. The Contractor shall not have any right or interest in any of the Placentia Public Safety Communications Center's assets, nor any claim or lien with respect thereto, arising out of this Agreement or the performance of the Services.

15.14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (to which a signed PDF copy is attached) shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

15.15. Poaching: The Contractor shall not for the period of the contract and for 12 months after the Termination Date solicit, directly or by assisting others, any person who was an employee of the Placentia Public Safety Communications Center to leave employment of the Placentia Public Safety Communications Center (whether or not such person would breach their contract of employment).

16. Insurance: Prior to commencing the Work, Contractor will provide a Certificate of Insurance to the Placentia Public Safety Communications Center demonstrating adequate insurance coverage as required by this Section. All policies evidencing coverage required by the Contract will be issued by insurance companies satisfactory to the Placentia Public Safety Communications Center.

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DOD TEAM ON DEMAND SERVICES AGREEMENT

16.1. Placentia Public Safety Communications Center as Additional Insured: Placentia Public Safety Communications Center shall be named as an additional insured for General Liability, and Umbrella/Excess Liability, as designated in this Contract. Additional insured shall be endorsed to the policy.

16.2. THE ADDITIONAL INSURED WORDING SHOULD BE AS FOLLOWS: Placentia Public Safety Communications Center, is named as Additional Insured.

16.3. Notice of Cancellation: Each insurance policy required by this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days' prior written notice has been given to the Placentia Public Safety Communications Center except when cancellation is for non-payment of premium, then ten (10) days' prior notice may be given. If any insurance company refuses to provide the required notice, Contractor or its insurance broker shall notify the Placentia Public Safety Communications Center any cancellation, suspension, or nonrenewal of any insurance policy within seven (7) days of receipt of insurers' notification to that effect.

16.4. Insurance Obligations of Placentia Public Safety Communications Center: Placentia Public Safety Communications Center is not required to maintain or procure any insurance coverage beyond the coverage maintained by the Placentia Public Safety Communications Center in its standard course of business.

16.5. Deductible: Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor.

16.6. Primacy of Coverage: Coverage required of Contractor and its subcontractors, if any, shall be primary over any insurance or self-insurance program carried by the Placentia Public Safety Communications Center.

16.7. Subrogation Waiver: All insurance policies in any way related to this Contract secured or maintained by Contractor as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Placentia Public Safety Communications Center, its organizations, officers, agents, employees, and volunteers.

16.8. Requirements: For the entire duration of this Contract including any extended or renewed terms, and longer as may be required by this Contract, Contractor shall procure and maintain at its own expense, and without cost to the Placentia Public Safety Communications Center, the following kinds and minimum amounts of insurance to insure the liability risks that Contractor has assumed under this Contract:

16.9. Commercial General Liability: This coverage should be provided on an Occurrence Form, with Minimum limits of $1,000,000 Each Occurrence, $2,000,000 General Aggregate. Coverage should be provided on an Occurrence form. The policy shall be endorsed to include Additional Insured Owners, Lessees or Contractors endorsements CG 2038 (or equivalent), and Additional Insured Completed Operations for Owners, Lessees or Contractors CG 2037 (or equivalent). Minimum limits required of $1,000,000 Each Occurrence, $2,000,000 General Aggregate.

16.10. Automobile Liability: Bodily Injury and Property Damage for any owned, hired, and non - owned vehicles used in the performance of the Contract. Minimum limits $1,000,000 Each Accident.

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16.11. Workers' Compensation and Employer's Liability: Workers' Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of $1,000,000 Each Accident/$1,000,000 Disease -Policy Limit/$1,000,000 Disease -Each Employee.

16.12. Data Breach: Data Breach -defense and liability coverage is required for minimum limits of $250,000.

16.13. Professional Liability (Errors and Omissions): Occurrence -based Professional liability coverage with minimum limits of $1,000,000 Per Loss.

16.14. Umbrella / Excess Insurance: Umbrella/Excess Liability Insurance to provide additional limits for underlying Workers' Compensation and Employers' Liability Insurance, Commercial General Liability Insurance, and Professional Liability/Technology Errors and Omissions, with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and shall cover the owners, employees, and contractors, subject to that of the primary coverage.
[signature page follows]

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DOD TEAM ON DEMAND SERVICES AGREEMENT
The Parties are executing this Agreement to signify their acceptance of all the terms and conditions stated above, to be effective as of the Effective Date, regardless of the date of actual signature.

Placentia Public Safety Communications Center Moetivations, Inc By: By:

Name: Rosanna Ramirez Name: Maureen Dieckmann
Title: Deputy City Administrator Title: CEO
Date: Date:

BILLING ADDRESS:

Placentia Public Safety Communications Center
401 East Chapman Avenue
Placentia, CA 92870
Attn: Rosanna Ramirez
Title: Deputy City Administrator
Tel: (714) 993-8141
Email: [email protected]

Page 11 of 13 ends

DOD TEAM ON DEMAND SERVICES AGREEMENT

EXHIBIT A

ATTACHED PROPOSAL FOR DISPATCH ON DEMAND

Page 12 of 13 ends

DOD TEAM ON DEMAND SERVICES AGREEMENT

EXHIBIT B

CONTACT INFORMATION
If to the Placentia Public Safety
Communications Center
Attn:

Placentia Public Safety Communications
Center
401 East Chapman Avenue
Placentia, CA 92870
Attn: Rosanna Ramirez
Title: Deputy City Administrator
Tel: (714) 993-8141
Email: [email protected]
If to the Contractor:

Moetivations, Inc.

Attn: Maureen Dieckmann
10106 W. San Juan Way,
Suite 215
Littleton, CO 80127
303-993-7850
[email protected]

Page 13 of 13 ends

TO:

VIA:

FROM:

DATE:

Placentia Cit

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY DIRECTOR OF COMMUNITY SERVICES
JULY 16, 2024
Council

AGENDA REPORT
SUBJECT: AWARD OF CONTRACT TO BRIGHTVIEW LANDSCAPE SERVICES INC. FOR

PARK MAINTENANCE SERVICES
FISCAL
IMPACT:

EXPENSE: $ 381,894.45 ANNUAL CONTRACT AMOUNT (104055-6139) $1,145,683.35 TOTAL AMOUNT FISCAL YEARS 2024-25 to
2026-27
SUMMARY:

SoCal Land Maintenance Inc has been providing maintenance services for all City Parks under their contract since November 2018. Currently the contract term and all available extensions have been reached. This proposed agreement provides for landscape and other maintenance services for the City's park system. The scope of work includes services such as general maintenance, weed control, fertilization, turf grass maintenance, landscape/shrub maintenance, and irrigation system maintenance. The City recently issued a notice inviting bids for these services and bids were received on May 31, 2024, from seven (7) contractors. Brightview Landscape Services Inc. (Brightview Landscape) was deemed the most qualified responsive and responsible bidder. This proposed action will award a three-year agreement with two (2) potential one-year extensions to Brightview Landscape for an annual not -to -exceed amount of $381,894.45 or $1,145,683.35 for a cumulative not -to -exceed three-year contract amount.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve a Professional Services Agreement with Brightview Landscape Services Inc. for Park Maintenance Services in an amount not -to -exceed $381,894.45 per year for an initial three (3) year contract term, with the option to extend for two (2) additional one- year terms; and

2. Approve Resolution No. R-2024-52, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2024-25 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and

1.m.

July 16, 2024

City Council Agenda
July 16, 2024

Page 2 of 4 ends

3. Authorize the City Administrator to approve contract change orders up to 10% of the annual contract not -to -exceed the amount of $38,189.44 per contract year for unanticipated expenses; and

4. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT:

There is no specific strategic planning goal or objective associated with this agenda item.

DISCUSSION:

The City currently utilizes So Cal Land Maintenance to provide landscape maintenance services for all City parks. The contract scope of work provides for routine turf grass and landscape maintenance as well as maintaining playgrounds, hardscapes, pest and rodent control, weed control, and irrigation system maintenance. In addition, the contractor, on an annual basis, will provide 20,000 square feet of new sod for sports field repairs as well as fresh mulch for all planter beds at no additional cost to the City. The contractor will also be required to replenish playground sand and wood chips on an as -needed basis. Currently, the contract term and all available extensions are expired. Per the City's purchasing policy, a Request for Proposals (RFP) for the maintenance services was released on April 25, 2024.

On May 31, 2024, the City received seven (7) bids from contractors to provide park maintenance services and a summary of those bid amounts are noted in the table below.

Bidders were asked to provide the City with costs associated with two potential service delivery models. One option includes mowing of all City parks on a weekly basis and the second option includes mowing of City parks on a bi-monthly basis. Bi-monthly mowing is the City's current service model. Based upon review of the bids, Staff recommends approving the weekly mowing service model to provide the best quality service. The recommended service model will include weekly mowing of all City parks and weekly mowing of the City's athletic fields.

Contractor
Bid Amount (Weekly Mowing Service)
Brightview
$381,894.45
So Cal Land Maintenance
$483,165.00
Nieves Landscape Inc.
$506,817.67
Mariposa Landscape
$674,127.09
DMS Facility Services
$852,822.60
Tropical Plaza Nursery
$908,853.40
J. Orozco Enterprises
$4,041,600.00
Staff reviewed the bids received for mathematical and other errors and it was determined that the most responsive qualified bidder was Brightview Landscape Services Inc. (Brightview Landscape). Per the Request for Proposals (RFP), the City Council maintains the discretion to award the contract to the most qualified responsive bidder. Staff conducted reference checks on

City Council Agenda
July 16, 2024

Page 3 of 4 ends

Brightview Landscape who received favorable reviews from other clients from the City of Lake Forest and the City of Costa Mesa. Based upon their response to the requirements of the RFP, their qualifications, their experience, and reference check, Staff recommends the City Council award an initial three (3) year contract term with two (2) potential one-year extensions to Brightview Landscape for an annual not -to -exceed amount of $381,894.45 with an additional 10% contingency of $38,189.44 per contract year for unforeseen maintenance expenses.

FISCAL IMPACT:

The agreement with Brightview Landscape Inc. is for an annual not -to -exceed amount of $381,894.45. The term of the agreement is three (3) years for a cumulative three-year not -to - exceed contract amount of $1,145,683.35 with the option to extend for two (2) additional one- year terms based upon contractor performance and at the discretion of the City. Funding for Park Maintenance Services has been included in the proposed Fiscal Year 2024-25 Operating Budget in the Community Services Department for a total of $350,000. Should the City Council approve the proposed agreement and Resolution No. R-2024-52, a budget amendment will be made to reflect the additional expenditures of $31,894.45 necessary for the award of the contract in the Fiscal Year 2024-25. Additionally, should the contract be approved, Brightview Landscape will begin providing these services in August 2024.

Prepared by:

Veronica Ortiz �.

Deputy Director of Community Services
Reviewed and approve
nnife'r ampman
ire, or of Finance
Reviewed and approved:

Damien -R. Arrula _
City Administrator
Attachments:

1. Professional Services Agreement with Brightview Landscape Inc.

2. Resolution No. R-2024-52

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
BRIGHTVIEW LANDSCAPE SERVICES INC.

THIS AGREEMENT is made and entered into this 1 day of August, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and BrightView Landscape Services Inc., a [CA] [Contractor] ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide landscape maintenance and trash removal, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.

Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants 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.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals ands employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Three Hundred Eighty One Thousand Eight Hundred Ninety Four Dollars and Forty Five Cents Dollars ($ 381,894.45), with a Thirty Eight Thousand One Hundred Eighty Nine Dollars and Forty Four Cents ($38,189.44) contract change order amount per contract year, totaling Four Hundred Twenty Thousand Eighty Three Dollars and Eighty Nine Cents ($420,083.89) per year, for a total not to exceed amount of One Million Two Hundred Sixty Thousand Two Hundred Fifty One Dollars and Sixty Seven Cents ($1,260,251.67) for the three year term.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Should the City request in writing additional services that increase the hereinabove described "Scope of Services", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The City Administrator is authorized to approve a Change Order for such additional services. Where the original contract is $40,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $40,000.00.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE
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3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 3 years, ending on July 31, 2027 , unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The Contract may also be extended for and additional two one-year terms based on the City's discretion and contractor performance.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

Contractor reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least one hundred and twenty (120) days prior written notice to the City. In addition to and without limiting the foregoing, if the City fails to timely pay any of Contractor's compensation, or any other amount otherwise due under this Agreement, then Contractor after providing the City sixty (60) days prior written notice of such failure, may elect, in its sole discretion, to (i) delay or cancel Services upon further notice to the City, and/or (ii) immediately terminate this Agreement upon written notice to the City.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice 4 BrightView Landscape Services Inca
Rev. 01/2024

of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any
rearrangement of its affairs.
obligation or payment of any
unsatisfied or unbonded of record
procedures for reorganization or

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Insurance. The Consultant and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit "B'l attached hereto and incorporated herein by this reference.

Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
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5.2. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.

5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements in a form and content approved by City, prior to performing any services under this Agreement.

The certificates of insurance and endorsements shall be attached hereto as ,Exhibit "C" and incorporated herein by this reference.

5.4. Non-limitinq. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage 6 BrightView Landscape Services Inca
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prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT:

BrightView Landscape Services, Inc.
1420 S Allec Street
Anaheim, CA 92805
Tel: 949-466-6734
Fax: 951-684-2785
Attn: Enrico Marogna
IF TO CITY:

City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Tel: 714-993-8232
Fax: 714-961-0283
Attn: Veronica Ortiz

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant's sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors' work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and 7 BrightView Landscape Services Inca
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whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of 8 BrightView Landscape Services Inca
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performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results 9 BrightView Landscape Services Inca
Rev. 01/2024

under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 10 BrightView Landscape Services Inca
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6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT:
ft/uflc0 ill.arov&a.

Signature
Enrico Marogna
Enrico Marogna, Senior Vice President
95-2651541
Social Security or Taxpayer ID Number
11 Date:
7/11/2024
BrightView Landscape Services Inca
Rev. 01/2024

APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Date:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

Date:

Matthew Brand, Project Manager
DEPARTMENTAL APPROVAL:

Date:

Veronica Ortiz, Deputy Director of Community Services
12 BrightView Landscape Services Inca
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EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
13 [BrightView Landscape Services Inc.]
Rev. 01/2024

CITY OF PLACENTIA

NOTICE INVITING BIDS

MAINTENANCE SERVICES FOR

CITY OF PLACENTIA PARKS AND BALLFIELDS
Bid No. CS -24-03
Key Bid Dates
Issue Date: April 25, 2024
Questions Due: May 9, 2024 by 2:00 P.M.

Pre -Bid Meeting: May 14, 2024 at 10:00 A.M.

Submittals Due: May 23, 2024 by 4:00 P.M.

Bid Contact Person:

Madelinne Villapando, Management Analyst
[email protected]

Table of Contents
I. Bid Submittal Instructions
II. Scope of Work
A. General Description
B. Specifications
III. Bidder's Proposal Form
IV. General Provisions

ATTACHMENT A - BIDDER'S STATEMENT AND COMPANY INFORMATION

ATTACHMENT B - SAMPLE CONTRACT AGREEMENT

EXHIBIT I - SCOPE OF WORK AND COST BREAKDOWN
EXHIBIT 2 - INSURANCE REQUIREMENTS
Pg. 3
Pg. 8
Pg. 10
Pg. 11
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NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Placentia, as AGENCY invites sealed bids for the below stated project and will receive sealed bids for the materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in this Bid Package.

RFP FOR MAINTENANCE SERVICES FOR PARKS AND BALLFIELDS
I. BID SUBMITTAL INSTRUCTIONS
A. QUESTIONS: Any questions concerning this bid request must be submitted in writing through the City of Placentia's (City) electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by no later than the date and time specified on the cover page of this Notice Inviting Bids. No verbal requests or requests made in any other format will be accepted. Questions must be submitted individually and not in a paragraph format nor combined in a single submission. All posted questions will be answered VIA posting on PlanetBids under the "Q&A or via in writing and conveyed by posting an addenda under the "Addenda/Emails" tab.

B. COMMUNICATION: No employee or agent of the City shall discuss or otherwise communicate with any vendor specific information related to a competitive bid process prior to bid closing, except as described above in the instructions for submitting questions to the City. This process allows staff to respond to all questions through a formal addendum process, whereby all potential bidders receive the same information at the same time. However, general process questions regarding an open bid may be directed to the Purchasing contact listed on the cover page of this Notice Inviting Bids at any time. BID UPDATES: All notifications, updates, and addenda will be posted on the City's bid management and publications system at: https://pbsystem.planetbids.com/portal/54600/portal- home.

C. MANDATORY PRE -BID MEETING AND JOB WALKTHROUGH:

A mandatory pre -bid meeting and job walk will be held on May 14, 2024 at 10:00 AM at:

City of Placentia City Hall
401 E Chapman Ave
Placentia CA, 92870
For questions regarding location: Madelinne Villapando
[email protected]
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Failure to attend this meeting shall give cause to have your bid declared non- responsive. Contractor's representative must attend the entirety of the meeting and job walk. This informational meeting will be held to allow for site inspection and questions or clarifications of a technical nature and those concerning the City's solicitation process and subsequent contract award. Prospective Bidders should be familiar with this Notice Inviting Bids prior to attending this meeting. Prospective Bidders are encouraged to RSVP on PlanetBids prior to this meeting.

D. BID UPDATES: All notifications, updates, and addenda will be posted on the City's bid management and publications system at
https://pbsystem.planetbids.com/portal/54600/portal-home .

E. REFERENCES: Contractor shall provide three (3) references, for which Contractor has performed similar services under contracts awarded by a similar public agency, which demonstrate Bidder's ability to provide the supplies, equipment, or services required by this Notice Inviting Bids. References should be included with the Bidder's Statement and Company Information Form (ATTACHMENT A).

City may disqualify a Bidder if:
a. References fail to substantiate Bidder's description of services and deliverables provided; or
b. References fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled personnel, or
c. City is unable to reach the point of contact with reasonable effort. It is the Bidder's responsibility to inform the point of contact(s) of normal City working hours.

F. ALTERNATIVES: All bids with material substitutions or deviations from the specified items will be rejected as non -responsive. Bidders must submit a request for pre -approval of any equivalent, equal, alternative, or changes by following the directions for questions described above, prior to the deadline to submit questions.

The City has the option of accepting or rejecting any proposed alternative and any bid that includes alternatives. Brand names, if any, are given for quality control only. Bids on "equals" are encouraged, however, the bidder must give evidence of equal utility and quality by providing specification sheets and description of products proposed as alternatives for each line item, and a description of the request on company letterhead.

G. QUANTITIES APPROXIMATE: Quantities shown on the Bid Form, in an estimate included in the Special Provisions, or elsewhere herein shall be considered as approximate only, being listed for the purpose of serving as a general indication of the amount of work or materials to be performed or furnished, and as a basis for the comparison of bids. The City does not guarantee nor agree, either expressly or by implication, that the actual amounts required will correspond with those shown, but reserves the right to increase or decrease the amount of any item or portion of work or material to be performed or furnished or to omit any such item or portion, in accordance with the Contract Documents, without in any way invalidating the Contract, should such increase, decrease or omission be deemed necessary or expedient.
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H. PRICING REQUIREMENTS: Bidders must supply all bid items and provide unit prices for all items listed in this Notice Inviting Bids, including any shipping/handling fees. Bid proposals that do not include all items listed may be deemed non- responsive.
d. Prices shall be FOB Destination Placentia
e. Prices must not include sales tax.
f. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, and fuel.
g. Charges such as FUEL SURCHARGE, DELIVERY FEE, or any other miscellaneous charges must be noted.

I. TAX: Do not include sales tax in your unit prices. Bidder shall show as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be included in during the evaluation of bids.

J. SITE INSPECTIONS: When appropriate, Bidders are encouraged to examine the locations, physical conditions, and surroundings of the proposed work sites on their own to determine the extent to which these factors will influence or affect performance of work. Failure to inspect sites shall not relieve the Contractor from fulfilling the obligations of the Contract. The City shall assume that bidders have investigated and are satisfied with the expected conditions, quality of the work to be performed, and the requirements of these specifications.

K. AWARD: The following criteria will be included in the evaluation process for selection of the award recipients(s):
a. Ability to meet specifications;
b. Proposed price;
c. Delivery lead time;
d. Past record of performance in providing similar services; including such factors as timely response and cooperation
The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all bids, to cause re -soliciting of the bids, or to take such other course of action as the City deems appropriate at the City's sole and absolute discretion. The City shall endeavor to award contract to the lowest, responsive, responsible Bidder.

L. BID SUBMISSION: No bid will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Notice Inviting Bids . All bids must be signed by an authorized representative.

All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for "on time" submission of their electronic bid. The bid 5IPage

management system will not accept late bids and no exceptions shall be made.

Bidders will receive an e -bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those bids that were transmitted successfully. DO NOT FAX OR E- MAIL.

NOTE: E -Bids are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting "withdraw".

M. BID WITHDRAWAL: Bids may be withdrawn by submitting a written request any time prior to the scheduled closing time for receipt of proposal. No proposal may be withdrawn for a period of ninety (90) days thereafter.

N. REJECTION: The City reserves the right to reject any or all bids and to waive any minor informality in any bid and to take all bids under advisement for a maximum period of 90 days . The City and Contractor are bound by the procedures set forth in the Placentia City Charter for Public Works Construction contracts and applicable law.

O. PERIOD OF ACCEPTANCE: Unless otherwise stated, bids shall be subject to acceptance by the City for a period of ninety (90) calendar days following the opening of bids.

P. SAMPLES: When required, bidder shall furnish samples of items free of expense to the City, and if not destroyed by test may, upon r upon request made at the time the sample is furnished, be returned at the bidder's expense.

Q. PROHIBITED INTEREST: Bidder agrees it shall disclose to the City in writing any financial interest, direct or indirect, in Bidder's business or in this transaction held by any City Council member or any City officer or employee. City reserves the right to refuse any bid if City determines a conflict of interest exists. A conflict of interest may be determined to exist in any instance where the City officer or employee participates in or influences any decision -making process affecting a bid or contract in any way whatsoever.

R. FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with his bid the compliance report attached to the proposal, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines.

As set forth in Labor Code section § 1735, no discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1.
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S. Prevailing Wages: No contractor or subcontractor may be listed on a bid proposal for a public works project or specific maintenance services unless registered with the Department of Industrial Relations ("DIR") pursuant to Labor Code section 1771.1(a). In accordance with the provisions of Section 1770, et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.

The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the
Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State DIR. This project is subject to compliance monitoring and enforcement by the DIR. Registration can be accomplished by using the following link: http://www.dir.ca.gov/Public- Works/PublicWorks.html.

T. FILING A PROTEST: Bidders may file a protest to an IFB with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must:
• Be filed in writing within five (5) business days after the bid issue date for protests related to specifications or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website;
• Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
Include all relevant supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City shall review the basis of the protest and all relevant information. The City will provide a written decision to the protestor within ten (10) business days from the receipt of the protest. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered.
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Scope of Work

LIST OF PARKS AND FIELDS
Bradford Park 1.7 Acres*
136 E. Palm Circle
Placentia Cham ions S orts Com lex 13.33 Acres*
March, Jenson, and Munoz Ball Fields and Valadez Soccer Field 505 Jefferson Street
Goldenrod Park 2.5 Acres*
925 Goldenrod Street
Ja cee Parkette .04 Acres*
500 Kansas Street
Koch Park 4.3 Acres*
2210 N. Valencia Avenue
Kraemer Memorial Park/ Torii Hunter Ball Field 11.41 Acres* 201 N. Bradford Avenue
La Placita Parkette .09 Acres*
900 Gonzales Street
McFadden Park 3.9 Acres*
900 S. Melrose Street
Melrose Elementary School 2.6 Acres*
974 S. Melrose Street
Maintenance to athletic field, infield, irrigation, dugouts, bleachers, and adjacent grass area only. Acreage listed does not include hardscape measurements other than dugouts and bleacher areas.

Parque De Los Ninos/ Los Ninos Ball Field 3.8 Acres*
1701 Atwood Avenue
Parque De Los Vaqueros 5.4 Acres*
1200 N. Carlsbad Street
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Placentia Senior Center .30 Acres*
143 S. Bradford Avenue
Richard R. Samp Park 3.4 Acres*
600 Loyola Drive
Santa Fe Park 1.1 Acres*
550 W. Santa Fe Avenue
Tuffree Hill Park/Tuffree Ball Fields 1 & 2 6.8 Acres*
2101 N. Tuffree Boulevard
Wagner Park 1.8 Acres*
700 Trumpet Avenue
Valadez Middle School 3.76 Acres*
161 E. LA Jolla Street
Maintenance to athletic field, infield, irrigation, dugouts, bleachers, and adjacent grass areas only. Acreage listed does not include hardscape measurements other than dugouts, and spectator viewing areas.

Parque De Arroyo Verde 4.4 Acres*
1001 E. Palm Drive
*Park acreage represents the park in its entirety including but not limited to:
hardscapes, softscapes, playgrounds, sports fields, and buildings unless stated otherwise. It is the responsibility of the contractor to verify park acreage and how its usage is divided up for budgeting purposes.

The work shall include furnishing all labor and equipment necessary to maintain City parks and ball fields. Duties include, but are not limited to, trash collection, cleaning of city property and parks, maintaining turf, hardscape surfaces, ground cover, shrubs, vines, and trees, maintaining and repairing irrigation systems, maintenance of drainage facilities, maintenance of ball fields, and providing weed and pest control. In the event the contractor does not perform specific duties within the time frame detailed here the City reserves the right to perform the work internally, or to use another contractor, resulting in the incurred cost to be deducted from the Contractor's monthly cost. It will be the responsibility of, and at the expense of, the contractor to bring parks, turf, hardscape surfaces, ground cover, shrubs, vines, trees, irrigations systems, drainage facilities, ball fields, weed abatement, and pest control up to the standards put for the in this scope of work. Please see Exhibit 1 — Scope of Work and Costs Breakdown for a full list of required scope of work.
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SCHEDULING OF WORK
The Contractor shall provide the Deputy Director of Community Services or Designee with a proposed yearly maintenance schedule within 30 days of the start of the contract, and weekly schedule submitted the 15th of every month for all scheduled work. The schedule must identify landscape areas and parks to be maintained the following month and the specific tasks to be completed. Regular work done at School athletic fields will be scheduled so that it is minimally impactful to their daily curriculum and schedules.

Emergency repairs on School athletic fields will be scheduled so that it is minimally invasive to their daily curriculum and schedules whenever possible. Extra work, or large maintenance projects will be scheduled a minimum of one week in advance with the School with the Deputy Director of Community Services or Designee acting as a liaison with the School. The contractor shall provide the contact information for a primary and secondary person of contact that can effectively communicate in English in speech and in writing. The Contractor shall make all efforts to maintain good and prompt communication regarding the scheduling of work, schedule changes, extra work, and emergency work. The Contractor shall reply to all emails the same day Monday through Friday and respond to weekend emails the following Monday. The contractor shall return all phone calls and/or text messages within one hour Monday through Friday from 7:OOam to 7:OOpm, and within two hours when called outside of the before mentioned hours or on Saturdays and Sundays. The contractor must be available to do emergency work after hours and on the weekends when needed as designated by the Deputy Director of Community Services or Designee. Schedule must follow the maintenance activity schedules outlined within this contract scope of work, found in Exhibit 1.

Failure to comply with the scope of work related to Scheduling of Work shall result in a performance deduction in the amount of $400.

General/Daily Maintenance

1. Unit price for Bid Item #1 shall be inclusive of the following tasks for every maintenance area included in this contract:

2. The daily 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.

3. Removal of any dead plant material upon sight by the contractor.

4. The daily removal of fallen plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark upon sight by the contractor. Tree branches will be cut up and chipped outside of the City limits when possible. Wood chippers that 10IPage

are used withing the City limits must have a Wood Chipper Safety Shield safety device installed, and utilized during operation.

5. All refuse material shall be disposed of by the Contractor in the City's refuse dumpster.

6. Daily — 365 days — emptying of all trash cans in every park and at various locations throughout the City. All trash cans must be emptied before noon each day.

Playground Maintenance
General/Daily/Weekly Maintenance

1. Clean, rake and level playground wood chips weekly.

2. Rototill playground wood chips quarterly.

2. Clean, rake and level play sand weekly.

4. Rototill playground play sand weekly.

5. Daily removal of leaf litter or other debris from sports courts.

General Property Maintenance

1. All repairs to damaged City property shall be completed within twenty-four (24) hours after the damage is reported or noticed by the contractor's staff.

2. Every instance of damage shall be reported to the Deputy Director of Community Services or Designee.

3. All sidewalks adjacent to City parks shall be swept or 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 including hardscapes, areas around City Facilities in parks, and pool areas. If inclement weather is present (i.e.: rain) then once a week.

4. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required at the cost of the contractor.

5. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off -site daily.
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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).

Failure to comply with the scope of work related to General/Daily maintenance shall result in a performance deduction in the amount of $400. 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

1. Unit price for Bid Item #2 shall be inclusive of the following tasks:

2. All weeds shall be removed upon sight, on a bi-weekly 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 Donax) will be 100% controlled due to its fast growth and invasiveness.
• Broadleaf, Purslane, and clover will be specifically targeted when needed.

4. When requested by the Deputy Director of Community Services or Designee, 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.

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 12IPagL

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, City Facilities in parks, and Pool Areas. To include all areas within the fenced perimeter of pool area. 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 maintain all landscaped areas in a weed -free condition at all times, 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 killed 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 applied to all turf areas.
b) Twice per year, in December and June, a broad-spectrum fungicide (such as Actizone RZ) 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 Deputy Director of Community Services or Designee prior to use. A written recommendation of the proposed restricted chemicals to be used, prepared 13IPagL

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 Deputy Director of Community Services or Designee 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 Deputy Director of Community Services or Designee written approval is obtained.
1) Written recommendation shall include the following information:
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 Deputy Director of Community Services or Designee shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations.
14IPage

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 Deputy Director of Community Services or Designee 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.
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.

B. Non -restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.
1) Use of herbicide with glyphosate is acceptable. Other acceptable chemicals are as follows: Roundup Promax, Prodiamine 4L. Whatever pesticide or herbicide is used, the contractor will need to provide the quantities used to so they can be reported to the County as required each year.

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 15IPage

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 $400 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 Turf Grass Maintenance shall be inclusive of the following tasks:

2. All turf areas shall be mowed once per week at all parks throughout the contract period. Exact dates shall be set on an annual calendar to provide 48 mows per year in the City's parks. 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. Mowing shall be done in such a manner as to minimize the leaving of grass clippings and piles.
16IPage

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 Deputy Director of Community Services or Designee prior to implementation.

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 Deputy Director of Community Services or Designee may change the annual schedule.

5. Cutting heights shall be adjusted to the type of grass in accordance with the following:

Bluegrass and Fescue
Perennial Rye
Bermuda
(June through September)
(March through May)
(Year -Round)
3 inches
2 inches
1 inch

6. All warm season grasses 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 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 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.

10. 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 coordinate irrigation maintenance, repairs and schedules from the City's Irrigation Maintenance Technician or Designee.
17IPage

11. 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. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at its expense.

Renovation, Aeration, and Dethatchinq:

1. All turf areas shall be aerated twice per year, once between February 15 and March 15, and once between September 15 and October 15 to reduce compaction/ stress conditions, which will offer greater water penetration and reduce runoff. Aeration of athletic fields will be done quarterly. In those areas, when soil condition is poor, top -dress of washed beach sand or Nutri-mulch will be required.

2. Aeration shall be accomplished by removing 3/4" diameter by three-inch deep cores at a maximum spacing of six inches by use of a mechanical aeration machine. Core aeration will precede the biyearly seedings. Tyne aeration can be used when it does not precede a seeding. The contractor shall aerate the 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. The 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, the contractor shall be responsible for immediate replacement and repairs at the contractor's expense.

3. All turf areas shall be dethatched once per year between September 15th and October 15th before aeration.
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 1/4 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
18IPage

ALL AREAS SHALL BE DONE AS STATED IN THE CONTRACT
Refurbishment of Turf qrass
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 at the Contractor's expense. The Contractor shall re -sod 20,000 square feet of turf grass area with a sod type of the City's choosing with complete in place installation on an annual basis at no additional cost to the City. If deemed necessary by the Deputy Director of Community Services or Designee that the area receiving the new sod needs to be scalped first this will be done at no additional cost to the City. Part of the 20,000 square feet can be utilized to replace the edges on the ball field when needed. When putting new sod on edges of ball field infields the sod shall be installed so that it has a zero edge, and the width of baselines, and distance of outfield arches shall be restored to Little League Standards. The City shall determine the remaining locations and quantities for re -sodding efforts.

Winter Overseedinq of All Turf Areas

1. Upon the completion of dethatching all grass areas in the fall, winter over -seeding of all turf areas will be required. The over -seeding will be done after the aeration of all grass areas. 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 the grass height is at 1/2". After the Bermuda grass is lowered, the entire area will be vacuumed. The contractor shall sow "Imperial Blend" or "Perennial Ryegrass" at the rate of 10 lbs. per 1000 square feet or as approved by the Deputy Director of Community Services or Designee. The contractor shall show the empty bags of grass seed to the Deputy Director of Community Services or Designee to prove that the specified seed type and amount was used at each park and/or field.

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" for parks, and "Perennial Rye" grass seed for athletic fields or an approved equal.

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 19IPage,

drop -type spreader. Install seed evenly by sowing equal quantities in two directions, at right angles to each other. After seeding a layer of washed beech sand or Nutri-mulch will be applied to all athletic fields as directed by the Deputy Director of Community Services or Designee.

5. Cultivate and seed bare areas and aerate compacted areas thoroughly as needed.

Where substantial, but thin turf remains, rake, aerate if compacted, and cultivate soil.

6. Remove diseased or unsatisfactory turf areas; do not bury in soil. Remove topsoil 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 the Deputy Director of Community Services or Designee.

8. Maintain over -seeded turf areas until successful seed germination and complete establishment of turf have taken place. Over -seeded areas will be maintained until inspection and acceptance by the Deputy Director of Community Services or Designee.

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 at a depth of 1/2" during daylight hours. Athletic fields will need to remain playable at the direction of the Deputy Director of Community Services or Designee.

10. When the perennial ryegrass approaches a height of 2" to 2'/2", 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. The 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 Overseeding of all Turf Areas

1. All bare, worn, or sparse areas in the turf, and all athletic fields shall be reseeded with "Bermuda" seed such as "Saharah II" or approved equivalent to reestablish turf to an acceptable condition annually beginning in May through June or as required to maintain adequate appearance, as determined by the Deputy Director of Community Services or Designee. The seedings may be at different dates depending on the use and needs of the park and/or fields as determined by the 20IPage,

Deputy Director of Community Services or Designee. The contractor shall show the empty bags of grass seed to the Deputy Director of Community Services or Designee to prove that the specified seed type and amount was used at each park and/or field.

2. Reseeding shall be performed in accordance with the following criteria:

A) The area will be core aerated, and the cores removed. 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.

After seeding a layer of washed beach sand that is approved by the Deputy Director of Community Services or Designee applied to all athletic fields.

B) Areas to be reseeded shall be fertilized to provide 11/2 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 Deputy Director of Community Services or Designee.

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 Inspector.
iv) All seeding equipment shall be calibrated to deliver the desired seeding rate for the specific species or seed mixture to be used before each reseeding operation.
v) Once the seed has been applied, the 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 mulch 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. String trimmers will not be permitted. All edging is to be completed with a fixed -blade edger, or by hand.
21IPage

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 6" 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 field areas. Do not use around sprinkler heads, valve boxes, electrical boxes, or along sidewalks.

A. Before the 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 before 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 before intended use.

Agriculture DPTD Haz form shall be provided by the City. No work shall begin until written approval is obtained from the Deputy Director of Community Services or Designee.

C. Chemicals shall be applied only by persons possessing a valid California Pest Control Operator's License or Qualified Applicators Certificate. Records of all chemical application operations, authorizations stating dates, times, methods of applications, chemical formulations, weather conditions at the time of application, and applicator's name shall be made and retained in an 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 -inch -wide strip around buildings, planters, concrete, decomposed granite and asphalt trails/paths, and other projections, a six inch radius around tree trunks, and an eight 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, or other areas dirtied by edging operations shall be cleaned and all debris disposed of off -site prior to the completion of that day's 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 $400 per day per incident. Payment for turf maintenance shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific 22IPage,

days turf grass maintenance was conducted during that billing period.

Payment shall be made 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 because of vandalism, or acts of God, the Contractor shall call the Deputy Director of Community Services or Designee 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 the contractor's negligence, all replacement charges shall be at the contractor's expense. All damaged, diseased (untreatable), or dead shrubs shall be replaced with the same 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 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. (The Deputy Director of Community Services or Designee is to be informed by the 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. 23IPage

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 the Contractor's expense in a size designated by the Deputy Director of Community Services or Designee.

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 "undercut" 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 Deputy Director of Community Services or Designee that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size.

Vines

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 Deputy Director of Community Services or Designee to confirm the vegetation is dead, request authorization for replanting, replant it and 24IPage,

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 no 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.

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 the 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 pre -emergent application. Mulch for tree wells and planter areas will be provided by the City.

6. Ground cover areas shall be maintained in a manner that 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 Deputy Director of Community Services or Designee. 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 Deputy Director of Community Services or Designee to confirm the vegetation is dead, request authorization for replanting, replant it and submit an 25IPage

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 cost to the City.

9. All medians, parkways and shrub beds and tree wells 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 planting of annuals in all landscaped areas shall be completed twice per year at no additional cost to the City.

10. Contractor shall maintain trees to ensure a 15' clearance at all times. On trees where it is not possible or practical to have a 15' clearance the tree skirt shall be raised in a cone shape.

The scope of work for landscape maintenance shall be completed on a bi- weekly basis. Failure to comply with the scope of work for landscape maintenance shall result in a performance deduction of $400 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.

Pest and Rodent Control
Unit price for Bid Item #5 shall be inclusive of the following tasks:

Pest and Rodent control will be used only when advised by the Deputy Director of Community Services or Designee
General

1. Contractor shall be responsible for complete and continuous control and/or eradication of all plant pests, diseases, and rodents. The Contractor shall obtain any necessary permits to comply with City, County, State, and Federal regulations, or laws.

2. All ground cover areas shall receive sufficient applications of snail bait at the rate necessary to control the spread of snails. Spray substitutions must be approved by the Deputy Director of Community Services or Designee. 26IPage,

3. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases shall include, but not be limited to, all insects, aphids, mites, other invertebrates, pathogens, and nematodes. Controls shall include the necessary use of integrated pest management systems involving the use of life history information and extensive monitoring. Control shall be through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance.

4. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Department of Food and Agricultural Code.

5. City shall be notified prior to the application of pesticides and other chemicals.

Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with Deputy Director of Community Services or Designee. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month.

6. Application of Pesticides
A. Timing: Pesticides shall be applied at times which minimize the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible, to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.

Irrigation water applied after treatment shall be reduced to eliminate runoff.

When water is required to increase pesticide efficiency, it shall be applied only in quantities which each area is capable of receiving without runoff.

B. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Department of Food and Agricultural Code or EPA regulations.

C. Equipment and Methods: Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area.

Drift will be minimized by avoiding high pressure applications and using water soluble drift agents.
27 IPage

D. Selection of Materials: Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible, to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.

E. Substitution: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Deputy Director of Community Services or Designee.

F. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Deputy Director of Community Services or Designee.

Pest Control

1. All areas of the landscape shall be inspected for infestations of harmful pests such as ants, insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.

2. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments.

A. The State of California Agricultural Code requires that toxic pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage.

The recommendation must be time and site specific.

B. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator.

C. There shall be no application of a pesticide without written permission of the City.

D. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Orange Agricultural Commissioner's office.

3. Contractor shall start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, 28IPage

and trunks of shrubs and trees. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present.

4. Dusty foliage and warm temperatures are indicators of mites. So long as foliage is being washed, mite populations are low. Keep mite populations low to prevent plant injury. Conifers are especially susceptible and often killed by mites.

5. Bark beetles feed in the cambium of scaffold branches and trunks. Older and weaker trees are the first to be infested. Any cause of stress is caused by inspecting trees. Look for ants on the ground or in crotches of branches. Also, there may be branches dying. Control adult beetles before they lay eggs on bark in the spring. All trees near one infested the previous year should be sprayed in March and again in May. On -going inspections are necessary to determine if there is a summer brood.

6. Snails shall be controlled before becoming an epidemic. They can be anticipated as a menace from spring until the advent of high temperatures, wherever moist soil prevails. Control with weekly applications of toxic bait until the youngest brood is gone. The City will not tolerate epidemics of snails.

7. Pruning is an effective prevention of an epidemic of insects and diseases. Pruning away infected parts and disposing of them off -site separates the pest or pathogen from the host. Examples are Pine tree tip moth, Juniper twig girdler, Verticillium wilt, firelight, and some other blights of foliage.

A. Some thinning of tree foliage, to provide light and aeration for ground cover, is a type of disease prevention.

B. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut.

8. The Contractor shall establish a continuing program to control insects and rodents.

9. With the pest control program, the following information shall be provided to the City on a monthly basis:

A. The pest to be controlled
B. Method of control
C. The product labels
D. A schedule as to frequency of control
E. Applicable M.S.D.S. Sheets
F. All mandatory signage
29 IPage

10. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used.

11. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in the application.

Rodent Control
Contractors shall be responsible for controlling all rodents, as required, on a continual basis. All turf and landscaped areas shall be maintained free of rodents including gophers, ground squirrels, and pests including, but not limited to, snails, sow bugs, aphids, caterpillars, etc., that could cause damage to any plants, shrubs, ground cover, trees, irrigation systems, facilities, or cause erosion. All gopher holes must be leveled and filled on a daily basis.

1. All methods employed to perform Rodent Control shall conform to all federal, state, and county environmental regulations.

2. Rodent Control shall be performed in accordance with the following criteria:

A. All rodents to be controlled shall be identified and feeding habits determined prior to treatment of the area.

B. All mounds and holes shall be filled and raked level a minimum of 24 hours before treatment.

C. Soil shall be checked in the area to be treated to ensure proper soil moisture exists prior to treatment with treated baits.

D. All treated bait, traps, and gases used to control rodents shall be placed in the tunnel unless approved by the Deputy Director of Community Services or Designee. Traps shall be covered with soil once inserted into the tunnel to prevent vandalism and to ensure public safety.

E. All bait containers and/or applicators shall be of the type that will minimize spills.

F. Any and all spilled bait shall be picked up or buried immediately.

G. All treated areas shall be inspected after treatment for dying animals.

Contractor shall remove all dying animals and/or carcasses and dispose of 30IPage

them off -site before the end of each workday until the area no longer requires further treatment.

H. Care should be taken to minimize or control use where domestic pets may come into contact with the poisons. Signage around the applied area shall be considered.

3. Exceptions: Contractor shall be allowed to use Strychnine for Rodent control without prior submittal of a written recommendation from a certified Pest Control Advisor when applied by the following:

A. All mounds and holes shall be filled and raked level 24 hours prior to treatment with bait. Soil shall be inspected for proper moisture content. Bait shall not be applied to saturated soil. All raked bare soil areas shall be re -seeded upon conclusion of treatment.

B. Equipment required for bait application shall consist of a probe, pail, tablespoon, waterproof gloves, respirator, and probing bait run.

C. Bait shall be applied in areas where active gophers/ground squirrels have created new mounds. Tunnels shall be probed to locate active runs and treated bait shall be applied in amounts specified in product label recommendations.

D. All treated bait shall be placed in the tunnel with a tablespoon or probing bait gun. Strychnine of 1.8 percent or higher shall be applied with a probing bait gun only. All holes shall then be covered. All containers shall be of the type to minimize spills. Any spilled bait shall be picked up immediately or buried in gopher hole.

4. Contractor may also, at their cost hire a licensed private pest control company to conduct rodent control in City Parks if issues require treatment beyond their scope and/or abilities. Contractor will need to provide the City company name, address, contact person, contact person's phone number, and the pest control company must make the City additionally insured per City standards before work can begin.

Any damage caused by private pest control companies shall be repaired at the landscape contractor's expense.

Failure to comply with the scope of work for pest/rodent control shall result in a performance deduction of $400 per day per incident. Payment for pest and rodent 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. 31 (Page,

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 ensure proper drainage. Remove any debris or vegetation that accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared as needed and a minimum of twice per year. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to Deputy Director of Community Services or Designee.

Fertilization
Unit price for Bid Item #6 shall be inclusive of the following tasks:

Fertilization will be applied in accordance with FERTILIZER SCHEDULE, or as otherwise directed by the Deputy Director of Community Services or Designee.

Scheduling
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
Fertilizers shall be inorganic, dry, pelletized formulation. The 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 P.T.O. 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 the 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 the contractor. No fertilizer is allowed to enter the storm drain system. The contractor shall choose which methods of removal will work best. (i.e.: sweeping or gas -powered blower, etc.)
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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 the watering schedule to eliminate runoff or leaching of fertilizer materials.

Trees and Shrubs
Fertilizers, pre -approved by the Deputy Director of Community Services or Designee, 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 Deputy Director of Community Services or Designee for approval prior to use.

2. All fertilization schedules shall commence with the effective date of the contract and then follow the cycles established in the annual schedule.

3. Ground cover areas shall be free of moisture at the time of fertilizer application.

Application of 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 Deputy Director of Community Services or Designee.

1. Samples shall be tested at an agricultural soil testing laboratory approved by the Deputy Director of Community Services or Designee.

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
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Apply fertilizer once per year when directed by the Deputy Director of Community Services or Designee (March) 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.

Vines
Fertilize all vines with a commercial fertilizer once per year when directed by the Deputy Director of Community Services or Designee (March) 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 so as 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 the type of fertilizers used. The frequency of application will greatly depend on the 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 lb. P and K per 1,000 square feet during over seeding process until first mowing and subsequently thereafter use 15-15-15 fertilizer at a rate of 3/4 lb. N / 1,000 square feet per month through the winter fertilization period.

3. Winter fertilization period shall begin November I and continue until the end of March. A 16-20-20 commercial fertilizer shall be required.

4. 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.

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.
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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
1x

TYPE & SOURCE TIME OF YEAR
15-15-15 Commercial Winter (October 1 — November 1)
Landscaping Fertilization Schedule

FREQUENCY
1x
Trees

TYPE & SOURCE TIME OF YEAR
40-10-10
Slow Release
4-1-1 w/iron or Approved Equal
March or directed by the City
Trees shall be fertilized and aerated by Landscape Maintenance Contractor when directed by Supervisor at the cost of the Contractor in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition. A three-foot circle of mulch shall be maintained around trees.

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 $400 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. 35IPage

Irrigation System Maintenance
Unit price for Bid Item #7 shall be inclusive of the following tasks:

General
Contractor is required to provide one dedicated qualified irrigation personnel to coordinate maintenance, repairs, and watering schedules with City's Irrigation Technician. 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.

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.

Parks (Sunday -Thursday) 9:00 PM - 6:00 AM
Manual Irrigation 7:00 AM - 3:00 PM
Failure to adjust irrigation controllers to comply with designated watering windows, Contractor -provided schedules, and weather will result in a performance deficiency deduction. It is the responsibility of the Contractor to turn off all irrigation controllers in advance of inclement weather.

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.
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4. 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 Deputy Director of Community Services or Designee of mainline failures within twelve (12) hours of occurrence.

2. All irrigation systems shall be tested and inspected a minimum of every two weeks Monday through Thursday (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.

3. All systems shall be adjusted in order to:

A. Provide adequate coverage of all landscape areas
B. Prevent runoff and/or erosion
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 such as swampy, muddy, overwatered areas.

G. Contractor will adjust, raise/lower or clean as necessary all sprinkler heads, quick couplers, or valve boxes to continue operation of maximum efficiency and performance.
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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 and will be done so at the expense of the Contractor.

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, Deputy Director of Community Services or Designee may request a coverage test at the expense of the Contractor to evaluate proper settings, timing, usage, or maintenance of system.

4. All system malfunctions, damage, and obstructions shall be recorded, and the City will be notified of needed repairs. The City either conduct the repairs themselves, or instruct the contractor to make the repairs. If the contractor is directed to make repairs, corrective action shall be taken within 48 hours. Repairs discovered on Friday will need to be repaired the following Monday.

5. In addition to bi-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 Deputy Director of Community Services or Designee or Public Works Landscape Inspector.

The Contractor shall turn off irrigation systems in preparation of 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 twenty-four (24) hours.

Irrigation systems that have been off for more than two weeks shall be ran and checked for sticking valves before being turned back on.

6. Adjustment, damage, and repairs shall be divided into the following categories and actions:
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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:
1) Theft (missing heads)
2) Storm damage (Acts of God)
3) Damage by others
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. Major repairs must be preapproved by the Deputy Director of Community Services or Designee.
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E. Repairs to the irrigation system shall be completed within 12 hours after approval by the Deputy Director of Community Services or Designee for major component damage such as broken irrigation mainlines.

F. Contractor shall be responsible for adjusting the height of sprinkler risers necessary to compensate for the growth of plant material. If pop -ups are used, adjust the pop-up height, and do not convert to a riser.

G. Work performed by the Contractor and paid for as extra work will be guaranteed for one year by the Contractor.

H. Until the ground cover plantings are established, care shall be exercised to minimize the 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 Deputy Director of Community Services or Designee 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 Deputy Director of Community Services or Designee. Broken valve box covers will be replaced when found by the Contractor.

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.
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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 Deputy Director of Community Services or Designee 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.

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 including irrigation 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 and replacement valves shall be brass rainbird valves unless the Deputy Director of Community Services or Designee approves a substitute.

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.
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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 Deputy Director of Community Services or Designee.

9. Invoicing
A. Additional irrigation supplies or repairs shall be preapproved by the City's Irrigation Technician.

10. Water Management
A. All systems shall be programmed weekly and/or as needed to maintain healthy plant material and landscape.

B. All program changes shall be recorded as part of the monthly invoicing.

D. The watering schedule will be established and programmed by the Contractor's Irrigation Specialist and approved by the City's Irrigation Technician. 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 the 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 that provides for repeat 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 Monday through Thursday 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 run-off.

H. Contractor will be responsible for hand watering any areas not provided with an irrigation system.

I. 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.
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J. Contractor will be expected to use minimal amount of water in all areas but maintain healthy plant growth.

K. Where moisture sensing devices are used, continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the Deputy Director of Community Services or Designee will be notified immediately.

L. Automatic controllers will be kept locked at all times.

M All non -stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the Deputy Director of Community Services or Designee. New enclosures shall be made of stainless steel.

N. 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 Deputy Director of Community Services or Designee.

Scope of work for Ball Field Maintenance
GENERAL:

Contractor is to provide the City with an annual maintenance schedule to include all scheduled maintenance and field closures. Maintenance at Placentia Yorba Linda Unified School District (PYLUSD) joint use facility fields will be done on a strict preapproved schedule and plan as to minimize the impact on school activities and programs.

Work shall be performed Monday — Friday, and in emergency situations after hours and on Saturdays and Sundays. The initial week schedule and any change must be approved by the Deputy Director of Community Services or Designee prior to implementation.

All ball field work missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed the following day. Rescheduled work at PYLUSD joint use facility fields will be done in accordance to the preapproved schedule and plan. The contractor will prep ballfields for inclement weather in advance when possible, and work on ballfields afterwards to expedite acceptable playing conditions.

All ballfield areas shall be kept in a debris free condition at all times. Trash cans on the field will be emptied daily.
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All animal feces or other materials detrimental to human health shall be removed from the site areas daily.

All broken glass and sharp objects shall be removed daily.

SEQUENCE OF WORK:

A. The sequence of work shall be the following:

1. Pitcher's Mound, Home Base and Base Areas

2. Pre -Watering

3. Nail dragging

4. Add and work in infield mix and clay in low spots as needed.

Infield mix and clay will be provided at the cost of Contractor.

5. Add soil and/or infield conditioner (extra/optional)

6. Screening or dragging

7. Finish Watering
PITCHERS MOUND, HOME BASE AND BASE AREAS:

General:

Remove all runners' bases and protect in place the existing base pegs with protective cap.

Rake and remove all debris from pitcher's mound, home base and runner's base areas, and replace all mound covers when finished.

Pitcher's Mound, bullpens, and Home Base Area:

Sweep and remove loose packing clay/mound mix from the landing area and table of the mound or kick out areas at home plate.

Tamp any uneven packing clay/mound mix.

Lightly moisten the clay to ensure the new packing clay/mound mix will bind to the existing clay/mound mix.

Add new packing clay/mound mix at the cost of the contractor to the worked areas.

Tamp and roll newly installed packing clay/mound mix.

Water the entire pitcher's mound and home base area.
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Pitcher mounds and home plate areas should be maintained in good condition at all times and need to be maintained at the Youth League Organization Standards.

Pitcher mounds shall be reformed per Youth League Organization Standards twice per year in August and February.

Runners Base Areas:

Using the flat or back side of a landscape rake pull any displaced brick dust material from sliding and lead-off areas. Level the area to the original grade.

Roll the base area with a water -filled turf roller.

Water the entire base area.

PRE -WATERING:

Prior to watering the Contractor shall remove all debris, grass clippings, rocks, weeds, trash, etc.

Apply water to create a damp skin and control dust during future operations.

The use of the automatic/manual irrigation system or hose and nozzle or both shall be utilized for the purpose.

Special care shall be taken to not muddy the skinned infield during this treatment.

NAIL DRAGGING:

Begin nail dragging after initial watering when the surface has a "haze over" after watering (the top layer of the infield will start to dry slightly, giving the infield mix a hazed look somewhat like wax drying on a car), begin the drag process.

The Contractor shall rotate the direction and rotation of the nail drag process to not repeat any two (2) days in a row. The typical direction shall be circular one day and oblong the next.

The Contractor shall not start or end the nail drag procedure in the same location any two (2) Days in a row.

The Contractor shall nail drag the infields at a depth of 1/4". The Contractor shall specifically use a nail drag designed or made for this work. The Contractor shall not use machine mounted grooming tools as they tend to "rip" the infield instead of "raking" the infield.
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Every 15 days the Contractor by hand or behind a vehicle drag the nail board across the infield so that a 1/2" thick layer of the top cushion is worked up until "fluffy".

SCREENING/DRAGGING:

Begin mat/screen dragging after initial nail dragging and the top layer has been worked up per.

The Contractor shall rotate the direction and rotation of the mat/screen drag process to not repeat any two (2) days in a row. The typical direction shall be circular (9'-10') one day and oblong the next moving across the skinned/brick dust infield.

The Contractor shall take extra care to stay a minimum of 6" from all brick dust and turf transition areas during the mat/screen procedure. This will prevent materials from building up in the turf edges and creating a "lip".

The Contractor shall not start or end the mat/screen drag procedure in the same location any two (2) days in a row.

The Contractor shall place and remove the mat/screen on/from the brick dust area. Do not run the mat/screen over the turf. This will eliminate buildup of dirt in the turf The Contractor shall spread the small pile of brick dust after removal of the mat/screen with a rake to avoid buildup of brick dust and provide a finished look.

The Contractor shall specifically use a mat/screen drag designed or made for this work.

EDGE TREATMENT:

Begin edge treatments after mat/screening has been completed.

The Contractor shall take extra care to keep the skinned brick dust and turf transition areas from creating a "lip".

Broom Method
The Contractor shall use a stiff bristled street broom or rake to sweep and remove at all skinned brick dust and turf transition areas all loose materials lying on the turf back onto the skinned surface.

Hose Method
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The Contractor shall use a water hose and nozzle quarterly to wash and remove at all skinned brick dust and turf transition areas all loose materials lying on the turf back onto the skinned surface.

All outfield, infield, wing, and base path turf areas shall be edged to as needed to maintain a clean uniformed look.

FINISH WATERING:

Weather and time of day permitting, apply heavy water to create a soaked skin, but not puddling. The amount of watering should be approximately twice the amount of the pre - watering.

The use of the automatic/manual irrigation system or hose and nozzle or both shall be utilized for the purpose.

The infield turf shall be additionally hand watered whenever necessary.

Special care shall be taken to not puddle the skinned infield during this treatment.

WET CONDITIONS MAINTENANCE:

After periods of inclement weather or irrigation system failure, the contractor shall provide operations to expedite the drying and use of the skinned/brick dust infield. Turface Pro League Elite Natural shall be used whenever possible for drying purposes. Quick dry can be used sparingly with the approval of the Deputy Director of Community Services or Designee.

LASER LEVELING OF INFIELDS:

Laser leveling of all infields will be done every other year on the second of the contract in January or July and scheduled in advance on the yearly maintenance calendar. An appropriate amount of Ultra Blend Pro Infield Mix or approved equivalent will be added if needed. The infields will be ripped, laser leveled, and compacted. New base anchors, pitching rubbers, and home plates will be provided by the City and installed by the contractor. The fields will be maintained by regular maintenance with materials provided at the cost of the contractor, so that string leveling can be used during in between years when laser leveling is not performed. If infields are in good enough condition string leveling can be performed as approved by the Deputy Director of Community Services or Designee instead of laser leveling, and billing will reflect the reduction in work.

MOWING:
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All turf areas shall be mowed once per week. Exact dates shall be set on the annual calendar to provide 48 mows per year. Mowing shall be done in such a manner as to minimize the leaving of grass clippings and piles.

All infields, wing areas, and behind home plates must be mowed with a walk -behind mower with a catch.

Additional mowings can be performed at the direction of the Deputy Director of Community Services or Designee.

GUARANTEE AND/OR REPLACEMENT POLICY
The contractor has the ultimate responsibility to ensure that all landscaping, turf grass, and sports fields are maintained in healthy, aesthetically pleasing, and safe conditions.

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 and turf grass shall be replaced by the Contractor at the Contractor's expense if it is determined by the Deputy Director of Community Services or Designee that they died due to the 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.

GENERAL PROVISIONS
Minimum Staffing Requirements
Contractor shall provide adequate staffing levels to service this contract to ensure maintenance activities are completed according to the schedule intervals required herein.

If the contractor falls behind schedule additional staff will be required at the contractor's expense to ensure schedules are adhered to. The City requires that the contractor provide one full-time (1) irrigator. The irrigator may not be used to provide routine landscape maintenance services at any time.

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 $400 performance deficiency deduction. The billing for extra work performed will be billed on a separate invoice. This invoice will be broken down in detail to show the location of the work, description of the work, the cost of parts, the amount of personnel, and the cost of 48IPagL

personnel. The charges will match the list of pricing that is provided by the Contractor in their initial bid whenever possible. Documentation photos of extra work need to be taken and stored by the Contractor and can be requested at any time by the Deputy Director of Community Services or Designee. In the event that documentation photos cannot be produced the payment for the extra work can be denied by the Deputy Director of Community Services or Designee.

Sand Court Areas
A. These areas shall include tot lots, play areas, volleyball courts, etc.

B. All areas shall be maintained weed free on a daily basis.

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. Sand shall be replenished as necessary at the expense of the contractor to maintain optimum level in each area, generally six (6) inches below the top of the concrete curbing but dependent upon play equipment footing and final level shall be determined by the Deputy Director of Community Services or Designee for each area. Replacement sand shall be at least equivalent to #25 sieve Silica sand (standard designation of rock product suppliers to denote a type and cleanliness of sand) or the same as existing sand. The Deputy Director of Community Services or Designee will make final determination. A maximum of 11" below slides shall be kept to comply with the Consumer Product Safety Guidelines and National Playground Safety Institute (NPSI) for Playgrounds.

Equipment footings and final level shall follow NPSI requirements and approved by the Deputy Director of Community Services or Designee.

E. All sand areas shall be raked level and free of any foreign debris on a weekly basis. Sidewalks adjacent to tot lots shall be swept daily, as required.

F. 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.

Engineered Wood Fiber/ Playground Chips
A. Rototill all Engineered Wood Fiber areas quarterly or when instructed by the Deputy Director of Community Services or Designee. Wood fiber shall be replenished as necessary at the expense of the contractor to maintain optimum 49IPage

levels as required by NPSI requirements. Replacement wood fiber must be weed -free and certified for playground use as approved by the Deputy Director of Community Services or Designee.

B. All areas should be kept weed free on a weekly 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.

E. No foreign debris (sand, soil, etc.) should be allowed to mix with engineered wood fiber surfacing.

Rubberized Surface Areas
A. All areas shall be maintained weed -free on a daily basis.

B. All areas shall be kept trash and debris -free on a daily basis.

C. All areas shall be cleaned weekly. Method of cleaning to be determined by the Deputy Director of Community Services or Designee. (i.e.: water, broom, gas blower, pressure washer, etc.) Any damage to rubber playground surfaces must be reported to the Senior Landscape Inspector 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 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.

E. Once a week all areas shall be thoroughly cleaned by sweeping, blowing or pressure washing as needed.
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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. All leaves, paper, and debris shall be removed from the landscaped areas and disposed of off -site daily.

C. All barbecue grills shall be emptied of all ashes at the beginning and ending of the regular work week.

D. 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).

General Provisions
A. ASSIGNMENT: Vendor may not assign, transfer, delegate, or subcontract any right, obligation, performance herein without the prior written consent of the Deputy Director of Community Services or Designee, and any such assignment, transfer, delegation, or subcontract without the Deputy Director of Community Services or Designee's prior written consent shall be considered null and void.

B. BID EXPENSES: The City shall not be liable for any expenses incurred by potential vendor(s) in the preparation of submission of their bids. Pre -contractual expenses are not to be included in the vendor's Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses uncured by Bidder in:

1. Preparing its bid in response to this Notice Inviting Bid;

2. Submitting that bid to the City;

3. Negotiating with the City any matter related to the bid; and,

4. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

C. BUSINESS LICENSE: The City requires any person, including but not limited to, an individual, corporation, or sole proprietor who wishes to conduct any business within the City of Placentia must secure a City of Placentia business license upon award of the resulting contract. The awarded party shall maintain a current 51'Page

business license throughout the term of the resulting contract. The procedure to obtain a City of Placentia business license is available on the City's website:
httDs://www. Dlacentia.org/412/Business-Licenses.

D. COMPLIANCE WITH LAWS: Vendor shall, at its sole expense, comply with all applicable technical bulletins, trade, federal, state, and local laws, ordinances, rules and regulations, including, but not limited to laws applicable to the subject matter hereof at the time services are provided to and accepted by the City. Vendor shall comply with all applicable federal, state, and local safety requirements.

E. DEFAULT: In case of default by the Vendor of any of the conditions of this bid or contract resulting from this bid, the Vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the Vendor, or collect against the bond or surety, or may invoice the Vendor for excess costs so paid plus reasonable administrative costs. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made.

F. DELIVERY: Time of delivery of goods or services is of the essence. City reserves the right to refuse any goods or services and to cancel all or any part of the goods not confirming to applicable specifications, drawings, samples, or descriptions or services that do not confirm to specifications included herein. Acceptance of any part of the order for goods shall not bind the City to accept future shipments not deprive it of the right to return goods already accepted at the Vendor's expense.

Over shipments and under shipments of goods shall be only as agreed to in writing by the City. Delivery shall not be deemed to be complete until all good or services have actually been received and accepted in writing by City. No minimum delivery amount shall be accepted by the City.

All goods shall be shipped F.O.B. destination designed by the City. The vendor assumes full responsibility for packing, crating, marking transportation, and liability for loss and/or damage. All transportation charges to be prepaid by the Vendor.

G. FORCE MAJEURE: If execution of this contract shall be delayed or suspended, and if such failure arises out of causes beyond the control of and without fault or negligence of the bidder, the bidder shall notify the City in writing within twenty- four (24) hours of such delay.

H. GENERAL GUARANTEE: The Vendor guarantees that a) Vendor owns all rights, title and interest in the products and services and has the legal authority to sell, license or otherwise transfer the right to use to the City; b) the products and services are free from defects in material and workmanship for a minimum period of one (1) year from the date of acceptance by the City, unless otherwise stated 52 IPage

as part of the bid; and c) Vendor shall repair or replace all such defective goods F.O.B. destination.

I. INDEMNIFICATION: The Vendor guarantees and agrees to indemnify, defend and hold harmless the City against any or all loss, liability damages, demands, claims or costs alleged by third parties arising out of Vendor's performance. This includes defective material and products, faulty work performance, negligent or unlawful acts, and noncompliance with any applicable local, state or federal codes, ordinances, orders or statues including, but not limited to, the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. This guarantee is in addition to and not intended as a limitation on any other warranty, expressed or implied.

J. INDEPENDENT CONTRACTOR: The Agreement between the City and Vendor is not intended and shall not be construed to create the relationship of principal agent, servant, employee, partnership, joint venture, or other association, as between the City and Vendor. The Vendor understands and agrees that all persons furnishing services to the City pursuant to the Contract are, for purposes of worker's compensation, employees solely of Vendor and not of the City. The Vendor shall bear sole liability for furnishing worker's compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder.

K. INSPECTION: City shall be under no obligation to unpack or inspect the products and/or service. The Vendor shall be responsible for the consequences of negligent manufacture and packing, and for the consequences of negligent handling prior to point where City assumes ownership. The expense of subsequent tests due to failure of goods first offered will be charged against the Vendor.

L. INSURANCE: Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described in Exhibit E.

M. PUBLIC AGENCIES: Public agencies, as defined by California Government Code section 6500, may choose to use the terms of this Contract or "piggyback", subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

N. SUBCONTRACTING: No performance of this contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this contract without said consent shall be null and void and shall constitute a default under this contract.
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In the event of such a default, the City may immediately terminate this contract. In the event the City consents to assignment or subcontracting, each term and condition of this contract shall be binding on the assigns, successors or administrators of the respective parties.

In the event the City consents to subcontracting, the Contractor shall include in all subcontracts the following provisions: "This contract is a subcontract under the terms of a prime contract with the City of Placentia. All provisions of that prime contract shall apply to this subcontract."
The Contractor and all subcontractors must obtain and maintain in effect a valid City of Placentia Business License prior to commencement of work, and during the entire time that work is being performed under the contract. All permits and licenses necessary to the performance of this project shall be secured by the Contractor at the Contractors own expense. The Contractor shall pay all taxes properly assessed against any equipment or property used or required in connection with the performance of security services.

Contractor shall indemnify, defend, and hold harmless the City and its employees and agents from any and all liability arising or resulting form the employment of any subcontractors and their employees in the same manner as for Contractor's own employees.

O. TERMINATION: The City reserves the right to terminate the order or delay delivery or acceptance of any products and/or services ordered resulting from this bid without penalty. Upon receipt of any written notice of termination from City, Contractor shall immediately cease all services hereunder expect such as may be specifically approved.

P. DIR REGISTRATION: This project is a public work and subject to the following:

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract or public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

Q. PREVAILING WAGE: The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, 541Page,

based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations/ Pursuant to California Labor Code Part 7, Chapter 1 Article 2, Section 1770, 1773, and 1773.1) Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1175 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.

1. Prevailing Wage Compliance and Monitoring:

Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et, seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and "maintenance" projects. Since the services are being performed as park of an application "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensation is $1,000 or more, Contract agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contract. Contact shall make copies of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall made copies of the prevailing rates of per diem wages of each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the job site. Contract shall defend, indemnify and hold harmless from any claim or liability arising our of any failure or alleged failure to comply with the Prevailing Wage Laws.

R. TIME FOR COMPLETION OF WORK AND LIQUIDATED DAMAGES: Contractor shall complete work specified herein within the agreed Schedule of Performance per the Agreement after the commencement date stated in the Notice to Proceed.

The City will assess liquidated damages at the rate of $500 per calendar day that the Contractor exceeds the specified date of completion.

ATTACHMENT A
551Page,

BIDDER'S STATEMENT AND COMPANY INFORMATION

BIDDER'S INFORMATION
56 IPage

BIDDER certifies that the following information is true and correct:

Bidder Name
Business Address
City,
( )
Telephone Number
State Zip
Contractor Name
Contractor's DIR Public Works Registration Number
State Contractor's License No. and Class
Original Date Issued
Expiration Date
The work site was inspected by of our office on
20 The following are persons, firms, and corporations having a principal interest in this proposal:
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The undersigned is prepared to satisfy the Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.

Company Name
Signature of Bidder
Printed or Typed Signature
Subscribed and sworn to before me this day of , 20_
Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years:

1. Name and Address of Public Agency
Name and Telephone No. of Project Manager:

2. Contract Amount
Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
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3. Contract Amount
Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:

Contract Amount
Type of Work Date Completed

ATTACHMENT B

SAMPLE CONTRACT AGREEMENT
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(SEE ATTACHMENT)
EXHIBIT 1

SCOPE OF WORK AND COST BREAKDOWN
60 IPage

(SEE ATTACHMENT)
EXHIBIT 2
61 (Page

INSURANCE REQUIREMENTS
(SEE ATTACHMENT)
62 IPage

Fir I# P
BrightView I�
City of Placentia
City of Placentia
401 E Chapman Ave
Placentia CA, 92870
Maintenance Services for
City of Placentia
Parks and Ballfields

BrightView
May 31, 2024
City of Placentia
Madelinne Villapando, Management Analyst
401 E Chapman Ave
Placentia CA, 92870
RE: MAINTENANCE SERVICES FOR CITY OF PLACENTIA PARKS AND BALLFIELDS Dear Madelinne,
BrightView is pleased to submit a proposal for Maintenance Services for City of Placentia Parks and Ballfields.

With specific expertise and knowledge that comes from being the Official Field Consultant for Major League Baseball, BrightView is committed to manage your landscape in a safe, proactive, and cost-effective manner that reinforces our commitment to the City of Placentia and its residents. The enclosed proposal was developed in response to your Request for Proposal and will demonstrate how our experienced and skilled team will achieve your landscape goals and keep the City of Placentia's sites always looking their best.

Safe Work Environment - The safety and wellbeing of the general public, visitors, district employees, and our employees is of paramount importance to our operation.

Accountable for High Quality Work — Your dedicated Account Manager completes an area specific checklist and quality evaluation form on a regular basis and reviews it with our crew members prior to the service day to assure we complete the scope of work and exceed your expectations. We utilize our Quality Site Assessment (QSA) tool to help keep you informed about your landscape.

Consistently Employ Best -Practices — We will create area specific maintenance schedules that comply with the Request for Proposal document and specifications for the City to ensure that every task gets completed on schedule and no details are overlooked.

As an experienced partner delivering both local expertise and national resources, we understand how a well - maintained landscape attracts people, adds to your property value and contributes to your success. When you partner with BrightView, you will have a team of local professionals dedicated to this careful stewardship of your landscape and its enduring beauty and value.

Thank you for this opportunity to submit this proposal. Feel free to contact me at (951) 406-5904 or by email at [email protected] with any questions.

Sincerely,
David Moo
Business Development Executive
BrightView Landscape Services 2

BrightView
What's Inside
I. Cover Page
I I . Cover Letter
I I I. Table of Contents
IV. BrightView Experience & Expertise
BrightView Licenses and Certifications
VI. BrightView Labor Plan
VII. BrightView Start Up Plan
VIII. Quality Control: Communication & Reporting
IX. BrightView Capabilities
X. BrightView Key Personnel
Xl. BrightView Training
XII. Proposal Documents

Page 1 ends

Placentia City CouncilJuly 16, 2024

Placentia City Council
July 16, 2024