HomeMy WebLinkAbout12 - Landscape Maintenance of Parks & FacilitiesQ �EVVPORT
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City Council Staff Report
Agenda Item No. 12
July 23, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Director
949- 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: Raymund Reyes, Management Assistant
APPROVED: 0, Y✓�
TITLE: Approval of an Agreement with Pinnacle Landscape Management,
Inc., DBA Pinnacle Landscape Company for Landscape
Maintenance of Parks and Facilities
ABSTRACT:
The City of Newport Beach maintains parks and facilities with a combination of
contractors and City forces. A Request for Proposal (RFP) was issued to obtain new
proposals for landscape maintenance of parks and facilities. Based on a combination of
qualifications and costs, Pinnacle Landscape Management, Inc., DBA Pinnacle
Landscape Company was selected as the highest rated firm.
RECOMMENDATION:
1. Approve an agreement with Pinnacle Landscape Management, Inc., DBA
Pinnacle Landscape Company, of Santa Ana for landscape maintenance of parks
and facilities and authorize the Mayor and City Clerk to execute the agreement.
2. Approve Budget Amendment No. 14BA 005 appropriating $82,200 from
General Fund unappropriated fund balance to the Contract Services — Parks and
Facilities account (3170- 80883).
FUNDING REQUIREMENTS:
The FY 2013 -14 Parks Division budget contains $845,200 for the parks and facilities
maintenance services. The requested Budget Amendment records and appropriates
$82,200 in increased expenditure appropriations from 010 -3605 in order to fund the
additional cost of the contracted and as- needed services.
Approval of an Agreement with Pinnacle Landscape Management, Inc., DBA Pinnacle
Landscape Company for Landscape Maintenance of Parks and Facilities
July 23, 2013
Page 2
DISCUSSION:
Maintenance of the City's parks and facilities is provided by a combination of Municipal
Operations Department staff and contractors. The current agreement for landscape
maintenance will expire at the end of August, and earlier this year, staff began an RFP
process to obtain new proposals for this service.
RFP 13 -55 was released on May 15, 2013, distributed to known local firms, and posted
on the City's public website. A mandatory pre- proposal meeting was held in order to
meet with interested contractors and clarify any questions or issues. A total of five (5)
firms submitted proposals by the June 11, 2013 due date. The proposals were
evaluated by staff on a combination of qualifications, experience and the proposed
project costs. Following this evaluation, the top three (3) proposers were invited to an
informal interview. As a result of this process, Pinnacle Landscape Company was
chosen as the highest ranked firm to provide these maintenance services. Pinnacle
Landscape Company has previously provided similar services for the Cities of Dana
Point, Laguna Niguel and Palm Desert.
Rank
Proposer
Total Score (Out of
100 Points )
Proposed Annual
Cost*
1
Pinnacle Landscape
88.50
$885,784.00
2
Merchants Landscape
88.14
$940,168.00
3
Trugreen Landscape
87.67
$952,140.00
4
Parkwood Landscape
77.89
$999,984.00
5
Complete Landscape Care
75.20
$1,020,000.00
*Proposed annual cost is for standard scheduled maintenance of existing parks and facilities, and does
not include as- needed services, emergency repairs or additional work.
Pinnacle's cost compares favorably with costs from the last time the City sought
proposals. In 2008, the lowest responsive bidder quoted $852,000 for parks and
facilities. That agreement included 199 acres of landscape maintenance and included a
minimum of 18 workers in the City each day. The new agreement includes 231.5 acres
of maintenance and requires a minimum of 22 contractor staff members dedicated to
the contract each day.
Approval of an Agreement with Pinnacle Landscape Management, Inc., DBA Pinnacle
Landscape Company for Landscape Maintenance of Parks and Facilities
July 23, 2013
Page 3
In the past 24 months, two Parks Division staff members retired and their positions were
deleted. The fully burdened cost for these positions totaled over $170,000 per year.
Consequently, two areas previously maintained by City staff (Lincoln Athletic Field and
Harbor View Nature Park) were added to the scope of services and will now be
maintained by the contractor. As new parks and facilities are completed, they will also
be maintained by contract forces.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Director
Attachments: A. Maintenance Services Agreement with Pinnacle Landscape
Management, Inc. DBA Pinnacle Landscape Company for
Landscape Maintenance of Parks and Facilities
B. Budget Amendment No. 14BA 005
Attachment A
Maintenance Services Agreement with Pinnacle Landscape Management, Inc. DBA
Pinnacle Landscape Company for Landscape Maintenance of Parks and Facilities
MAINTENANCE SERVICES AGREEMENT
WITH PINNACLE LANDSCAPE COMPANY FOR
LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES
THIS MAINTENANCE SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 23rd day of July, 2013 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and PINNACLE LANDSCAPE MANAGEMENT, a California corporation, doing
business as ( "DBA ") PINNACLE LANDSCAPE COMPANY ( "Contractor"), whose
address is 2200 S. Fairview Street, Santa Ana, CA 92704, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform landscape maintenance services for
City parks and facilities as further described in RFP 13 -55 and herein as Exhibit
A, all incorporated by reference ('Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and /or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
( "Services" or "Work "). As a material inducement to City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
Contractor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
standards" shall mean those standards of practice recognized by one or more first -class
firms performing similar work under similar circumstances.
2.2 Contractor shall perform all Work required to, be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed One Million One Hundred Forty Five Thousand Dollars
00/100 (1,145,000.00) per year, without prior written amendment to the Agreement, for
a total not to exceed amount of Five Million Seven Hundred Twenty Five Dollars
00/100 ($5,725,000.00) for the term of the Agreement, subject to the annual adjustment
in the rates in accordance with the Consumer Price Index, as described below in
Section 4.2.
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B
( "Billing Rates ") shall be adjusted in proportion to changes in the Consumer Price Index,
Pinnacle Landscape Company Page 2
subject to the maximum adjustment set forth below. Such adjustment shall be made by
multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months preceding
the calendar month for which such adjustment is to be made, and the denominator of
which is the value of the Consumer Price Index for the same calendar month
immediately prior to Effective Date. The Consumer Price Index to be used in such
calculation is the "Consumer Price Index, All Items, 1982 -84 =100 for All Urban
Consumers (CPI -U) ", for the Los Angeles- Riverside - Orange County Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics. If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the Billing
Rates in effect immediately preceding such adjustment. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed 2.5% of the Billing Rates in effect immediately preceding such
adjustment.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Jason Stewart to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Pinnacle Landscape Company Page 3
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Parks and Trees Superintendent or designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
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result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
Pinnacle Landscape Company Page 5
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It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of
one hundred percent (100 %) of the total amount to be paid Contractor as set forth in
this Agreement and in the form attached hereto as Exhibit D which is incorporated
herein by this reference; and (2) a Faithful Performance Bond in the amount of one
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hundred percent (100 %) of the total amount to be paid Contractor as set forth in this
Agreement in the form attached hereto as Exhibit E which is incorporated herein by this
reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide:
Property- Casualty.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
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right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours..
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
23.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
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City for any and all claims for damages resulting from Contractor's violation of this
Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Parks and Trees Superintendent
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Jason Stewart
Pinnacle Landscape Company
2200 S. Fairview Street
Santa Ana, CA 92704
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
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notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ( "FLSK) (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
Pinnacle Landscape Company Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONTRACTOR: Pinnacle Landscape
Management, Inc., a California
corporation, DBA Pinnacle Landscape
Company
Date:
By: By:
Leilani I. Brown Jason Stewart
City Clerk Chief Executive Officer
Date:
By:
Caden Gebhard
Secretary/Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Pinnacle Landscape Company Page 12
EXHIBIT A
SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES
• INTENT
o The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that
such site be kept in a healthy, weed -free, vigorous, and well -kept state at
all times.
• DESCRIPTION OF PROJECT
o Furnish all labor, equipment, materials, and supervision to perform
landscape maintenance as described herein and at the locations listed
below, including, but not limited to, the following:
• Weeding, cultivating and brush control, both mechanically and
chemically
• Turfgrass weed eradication and control, both mechanically and
chemically
• Turf, shrub, and tree fertilization
• Shrub and groundcover trimming, pruning, and training
• Minor pruning and staking of trees under twelve (12) feet in height
• Irrigation programming, monitoring, maintenance, and repair
• Water meter reading and water conservation
• General rodent, pest, and disease control on landscape planting
and turf
• Mowing, verticutting, and aerifying
• General litter control, refuse removal, and grounds policing
• Plant replacement
• Hardscape cleaning
• Maintenance of sand and wood chip areas
• Access roadway clearance and visibility maintenance
• General drainage structure and system maintenance
• Drinking fountain maintenance
• Reporting vandalism, graffiti, or any safety concerns
o It shall NOT be the Contractor's responsibility to maintain or repair:
• Area lighting systems
• Fencing
• Gates
• Any building located at the specified site
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• Graffiti
■ Vandalism
• Signage
• Damage resulting from vehicular accidents
■ Water, sewer, and electrical lines or systems, except to the extent
required in the technical specifications of the Bid Schedules
• Trees over twelve (12) feet in height
• LOCATIONS
i'FACILITY.
ADDkitsloocATIM
Arroyo Park
114 Bayswater, Bison Ave. at Bayswater
Back Bay View Park
1900 Back Bay Dr, Jamboree and Coast Hwy
Balboa Island Park
115 Agate Ave
Balboa Yacht Basin
829 Harbor Island Drive
Bayside Drive
Bayside Dr. between Carnation and Marguerite
Bayview Park
Mesa Dr and Bay View Ave
Begonia Park
Begonia Ave and First Ave
Bob Henry Park
900 Dover Dr, 16th Street and Dover Drive
Bonita Canyon Sports Park
1990 Ford Rd
Bonita Creek Park
3010 La Vida
Buck Gully & Fifth
Poppy and Fifth
Buffalo Hills Park
1891 Port Provence PI
Castaways Park
700 Dover Dr
Central Library
1000 Avocado
China Cove Ramp
Ocean Blvd and Fernleaf
Coastal Peak Park
20403 East Coastal Pealk
Eastbluff Park
2401 Vista Del Oro
Fire Station #4
124 Marine Ave
Fire Station #7
1971 Mesa Dr
Harbor View Nature
San Miguel Dr, east of Pacific View Dr
Irvine Terrace
721 Evita Dr
Jasmine View
Harbor View Dr and Marguerite Ave
Lincoln Athletic Center
3101 Pacific View D
Lower Buck Gully
214 Glen Dr
Manning Tract
2001 W Newport Hills Dr
Mesa Birch Park
2081 Mesa Dr
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Morning Canyon Park
Surrey Dr and Rockford Rd
Old School Park
Dahlia Ave and Fourth Ave
Police Department /Fire Station #3
868 -870 Santa Barbara Dr
San Joaquin Hills Park
1550 Crown Dr N
San Miguel Park
San Miguel Dr and Spyglass Hill Rd
Spyglass Hill Park
Spyglass Hill Rd and El Capitan Dr
Spyglass Hill Reservoir
21 Muir Beach Cir
Sunset View Park
Superior Ave, north of Coast Hwy W
"A" Street Pump Station
815 E Bay Ave
38th Street Park
3600 Balboa Blvd
Bolsa
Bolsa Ave and Old Newport Blvd
Channel Place
4400 Channel PI
City Hall - Former
3300 Newport Blvd
Cliff Drive
301 Riverside Ave
Corona Del Mar Library
420 Marigold
Corona Del Mar State Beach
3001 Ocean Blvd
Ensign View
2501 Cliff Dr
Fire Station #1 /Balboa Library
100 -110 Balboa Blvd E
Fire Station #2
475 32nd St
Fire Station #5
410 Marigold Ave
Fire Station #6
1348 Irvine Ave
Galaxy View Park
1398 Galaxy Dr
Grant Howard
3000 Fifth Ave
Kings Road
1801 Kings Rd
L Street Park
327 L St
Las Arenas
Balboa Blvd W and 17th St
Lido Park
Via Lido and Lafayette Ave
Mariners
1300 Irvine Ave
Newport Island Park
3809 Marcus Ave
Newport Pier Plaza
72 Newport Pier
Newport Shores
220 61st St
Ocean Blvd Bluffs
Ocean Blvd from Bayview to Poppy Ave
Peninsula
A St and Ocean Front E
Veteran's Memorial
215 15th St
West Jetty
2300 Channel Rd
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West Newport Community Center
883 15th St W
West Newport Park
Seashore Dr and Prospect St
Westcliff
Polaris Dr and Morning Star Ln
• LEVEL OF MAINTENANCE
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification
description and as further described in RFP 13 -55. Standards and
frequencies may be modified from time to time as deemed necessary by
the City for the proper maintenance of the sites.
o If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications
set forth within this document and providing no other arrangements have
been made between the Contractor and the City. Failure to notify of a
change and /or failure to perform an item or work on a scheduled day may,
at the City's sole discretion, result in deduction of payment for that date,
week, or month. Payment will be retained for work not performed until
such time as the work is performed to City standard.
o The Contractor is required to correct deficiencies within the time specified
by the City. If noted deficient work has not been completed, payment for
subject deficiency shall be withheld for current billing period and shall
continue to be withheld until deficiency is corrected, without right to
retroactive payments.
QUALITY OF WORK AND MATERIALS
o All material and equipment furnished by the Contractor shall be new, high -
grade, and free from defects and imperfections, unless otherwise
hereinafter specified. Workmanship shall be in accordance with the best
standard practices. Both materials and workmanship shall be subject to
the approval of the Project Administrator. All materials used shall be
approved in advance by the Project Administrator.
o The actual cost of all materials passed on to the City shall be wholesale
cost of the material. The wholesale cost shall be the actual cost paid by
the Contractor reflecting the best price, including discounts available.
Receipts shall be required for reimbursements.
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• At no time shall the cost of materials exceed retail cost from the
current price list, minus the discount rates.
• Typical costs of the irrigation parts, plant material, etc. to be
submitted to the City prior to approval.
o The City reserves the right to purchase materials directly and make them
available to the Contractor. In the event the City exercises the option to
purchase the materials, the following conditions will apply:
• Contractor shall conform to all City practices and procedures.
• All City purchases will be for the sole expressed use of and for the
City.
• The Contractor shall secure, store, inventory, distribute and control
all materials entrusted to the Contractor's representatives. All
materials and inventories shall be made available to the City upon
request.
• The Contractor will reduce the unit cost for each maintenance task
by the City's actual cost for the materials provided and used.
MINIMUM STAFF REQUIREMENTS
o At minimum, Contractor shall provide, in addition to one (1) full time
Supervisor, twenty -one (21) full -time positions. The City reserves the right
to increase minimum staffing based upon additional acres being added to
the Contract.
• WORKMANSHIP AND SUPERVISION
o The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications expressed within the Scope of Services. All supervisory
personnel must be able to communicate effectively in English (both orally
and in writing). Any order given to supervisory personnel shall be
delivered to the Contractor. The supervisor assigned must be identified by
name to ensure coordination and continuity.
o All hours shall be made up if there are absences to the Contractor's
workforce (including sick days and vacations.) Where advanced notice is
provided by the Contractor, the Contractor shall provide replacement
staffing for those absent.
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• WORKING HOURS
o Normal working hours shall be no more than ten (10) hours per day
between the hours of 7:00 AM and 5:00 PM. Normal working days are
Monday through Friday. Unless otherwise specified in the Scope of Work,
no Saturday or Sunday work other than litter control and refuse collection
is to be scheduled without prior written permission from the City, unless it
is an emergency situation. No motorized equipment shall be operated
before 8:00 AM or after 5:00 PM.
o For the purposes of the Scope of Work, the following Holidays shall be
acceptable. Any additional holidays requested shall be done so in
advance and approved in writing by the City.
• Memorial Day
• Independence Day (4th of July)
• Labor Day
• Thanksgiving Day
■ Christmas Day
• New Years Day
SUPERVISION OF CONTRACT
o All work shall meet with the approval of the Project Administrator. There
shall be a minimum of a weekly meeting with the Contractor and the
Project Administrator to determine progress and to establish areas
needing attention. A monthly maintenance schedule will be submitted in
writing to the City by the first day of said month. The supervisor of this
contract shall be available to meet with the Project Administrator daily
during working hours, as necessary.
o Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the
Contractor and if not corrected, payment to the Contractor will not be
made until condition is corrected in a satisfactory manner as set forth in
the specifications.
• SPECIFICATIONS
o These specifications are intended to cover all labor, material and
standards of architectural, landscaping, and mechanical workmanship to
be employed in the work called for in these specifications or reasonably
implied by terms of same. Work or materials of a minor nature which may
not be specifically mentioned, but which may be reasonably assumed as
necessary for the completion of this work, shall be performed by the
Contractor as if described in the specifications.
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• PROVISIONS FOR EXTRAS
o No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved in writing by
the City before the work is commenced. The Contractor will be required to
provide before and after photographs of safety items or emergency repairs
which were made without prior City approval. Documentation of contract
compliance may be required on some occasions.
• STREET CLOSURES, DETOURS, BARRICADES
o Warning signs, lights, and devices shall be installed and displayed in
conformity with the current edition of the "California Manual on Uniform
Traffic Control Devices"
( http:// www .dot.ca.gov /hq /traffops /signtech /mutcdsupp /) for use in
performance of work upon highways issued by the State of California,
Department of Transportation and as directed by City staff.
o If the Contractor fails to provide and install any of the signs or traffic
control devices required hereby or ordered by the City staff, staff may
cause such signs or traffic control devices to be placed by others, charge
the costs therefore against the Contractor, and deduct the same from the
next progress payment.
o Beacon lighting visible from behind the vehicle will be installed on vehicles
working along City streets.
DISPOSAL
o All landscape debris will be disposed of through a landscape material
recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation
as work progresses. The City shall not be responsible for the disposal nor
the cost of disposal. Contractor shall pay all disposal fees and provide
documentation evidence of recycling to include location, tonnage, etc. on
a monthly basis to the City.
• RECORDS
o The Contractor shall keep accurate records concerning all of his /her
employees or agents. The Contractor shall provide this information in an
organizational chart as changes in staffing occur.
o The Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the Project
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Administrator. This report should also contain a description, including
staff- hours, equipment, and materials breakdowns and costs used to
accomplish any additional work which the Contractor deems to be beyond
the scope of the contract and which has been approved by the City in
accordance with the Agreement. Payment for any extra work will not be
authorized unless the additional work, and costs thereof are first approved
in writing by the City in accordance with the Agreement.
o The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual
maintenance calendar to the Project Administrator. This maintenance
calendar shall clearly indicate all of the maintenance tasks required by
this agreement and the months of the year they are scheduled to be
performed. If it is necessary to make periodic revisions to this
maintenance schedule, a modified calendar must be submitted to the
Project Administrator for approval prior to the date the changes are to
take effect.
c The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services during regular business
hours.
• EMERGENCY SERVICES
o The Contractor will provide the City with names, email addresses, and
telephone numbers of at least two (2) qualified persons who can be called
by City representatives when emergency maintenance conditions occur
during hours when the Contractor's normal work force is not present in the
City. These Contractor representatives shall respond to said emergency
within thirty (30) minutes of receiving notification.
SPECIALTY OPERATIONS
o Written notification of all "specialty type" maintenance operations shall be
given to the City forty -eight (48) hours prior to each of these operations by
the Contractor. "Specialty type" maintenance operations are defined as:
reel- mowing of athletic fields, fertilization, turf aerification, turf dethatching,
seeding, preventive and curative application of fungicide, herbicide or any
required pesticide applications, water truck operations, and plant
replacements. Positions used for specialty operations shall be in addition
to those outlined in Appendix A: Minimum Staff Requirements.
• LANDSCAPE LICENSE
o In addition to any and all relevant City, State and Federal permits and
licenses required in the Agreement, the Contractor shall hold a valid and
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current California C -27 License and submit a copy thereof. The
Contractor must be licensed as a California State Licensed Pest Control
Operator and a California State Licensed Pest Control Advisor. The name
and permit number will be supplied to the City within one (1) calendar day
after effective date of the contract, and any changes forwarded within
twenty -four (24) hours of said change. A licensed pest control operator
with a qualified application license must be provided to apply all restricted
chemical materials.
• CONTRACTOR'S OFFICE
o Contractor is required to maintain an office within a thirty (30) minute
response time of the City and provide the office with telephone and data
service during normal working hours. During all other times, a telephone
answering service shall be utilized and the answering service shall be
capable of contacting the Contractor by mobile device.
o Unless otherwise specified by the Project Administrator, there will be no
on -site storage of equipment or materials. Contractor will have full
responsibility for maintaining an office and a storage facility.
SCHEDULES
o Annual Schedule
• The Contractor shall provide an annual maintenance schedule
indicating the time frames when items of work shall be
accomplished per the performance requirements.
■ The Contractor shall complete the schedule for each park and
facility in a manner which shall correspond to the weekly schedules.
• The annual schedule shall be submitted for City approval within
fifteen (15) calendar days after effective date of the contract.
• The Contractor shall submit revised schedules when actual
performance differs substantially from planned performance.
o Weekly Schedule
• Weekly schedule forms shall be provided by the Contractor
indicating the major items of work to be performed in accordance
with the performance requirements and further delineate the time
frames for accomplishment by day of the week and by morning and
afternoon.
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• The Contractor shall complete the schedule for each item of work
and each area of work.
• The initial schedule shall be submitted within seven (7) calendar
days after effective date of the contract. Thereafter, it shall be
submitted weekly on Thursday mornings for City approval, prior to
scheduling work for the upcoming week beginning the following
Monday.
• Changes to the schedule shall be received by the Project
Administrator at least twenty -four (24) hours prior to the scheduled
time for the work.
• Failure to notify of a change and /or failure to perform an item of
work on a scheduled day may, at the City's sole discretion, result in
deduction of payment for that date, week or month.
• The Contractor shall adjust his /her schedule to compensate for all
holidays and inclement weather days. Maintenance and litter
removal shall be scheduled for all holidays and inclement weather
days, unless otherwise indicated by the City.
o Daily Schedule
• Daily schedule shall be emailed to the Project Administrator before
8:00 AM each workday. It shall list site locations of crews and
numbers assigned at each site. Changes to daily schedule can be
made verbally or by email to the Project Administrator.
o Performance on Schedule
• The Contractor has been provided the maximum latitude in
establishing work schedules which correspond to its manpower and
equipment resources. The Contractor has also been provided the
opportunity and procedure for adjusting those schedules to meet
special circumstances. Therefore, all work shall be completed on
the day scheduled, as shown on the weekly schedule.
PERFORMANCE DURING INCLEMENT WEATHER
o During the periods when inclement weather hinders normal operations,
the Contractor shall adjust his /her work force in order to accomplish those
activities that are not affected by weather.
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Failure to adjust the work force to show good progress on the work shall
result in deduction of payments to reflect only the work actually
accomplished.
The Contractor shall immediately notify the Project Administrator prior to
removing the work force from the job site for agreement on degree of
inclement weather or other reasons. If the Project Administrator cannot be
reached, the Contractor shall notify the Parks Maintenance Supervisor.
• UNDERGROUND EXCAVATIONS
o The Contractor shall be responsible for locating all underground utility
lines to insure the safety of his /her work crew and to protect, in place,
existing utility equipment before commencing any excavation. Contractor
shall contact the Project Administrator and Underground Service Alert
(www.digalert.org) (1- 800 - 227 -2600) forty -eight (48) hours before
commencing any excavation, to locate underground service lines.
• PESTICIDES
o The City shall maintain all documents that pertain to the use of pesticides
on its property.
o Contractor shall provide the Project Administrator with all of the following
in paper and electronic format:
• A copy of Contractor's Orange County Agricultural Commissioner's
"Restricted Materials Permit/Operator I.D. numbers ".
A written "Pest Control Recommendation" for each site before
Contractor uses any pesticide. Recommendation shall include a
label and Material Safety Data Sheet for the pesticide proposed.
Each complete set of recommendations shall be submitted in a
binder (provide two (2) bound copies).
A "Pesticide Use Daily Record" for any site that a pesticide was
used, within twenty -four (24) hours of application. Total amounts of
pesticides applied shall be submitted weekly.
A weekly schedule indicating locations to be treated. If a restricted
pesticide is going to be used, a copy of the "Notice of Intent To Use
Restricted Materials ", must be submitted twenty -four (24) hours
before application.
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An annual proposed pesticide list including the Environmental
Protection Agency numbers and caution level of all the pesticides
Contractor intends to use for this contract, before any such use.
o A full -time Pest Control Operator will be assigned to the contract to apply
all pesticides with a State of California Qualified Applicators License.
The pest control operator shall be provided a complete spray rig
with a minimum one - hundred (100) gallon tank. The cost of all
pesticides will be borne by the Contractor.
o The Contractor shall not use any pesticide that has not been authorized by
the Project Administrator in writing.
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TECHNICAL MAINTENANCE SPECIFICATIONS
• GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
o Perform all maintenance functions in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated
in the Appendix C: Maintenance Frequency Summary. The City shall
have the right to determine schedule days and the extent and frequency of
additional as- needed services. Standards and frequencies may be
modified from time to time as deemed necessary by the City for the proper
maintenance of the listed facilities.
o Conduct all operations so as to provide maximum safety for the public and
minimize disruption of the public use of City parks and facilities.
o Keep all gutters, curbs, and walks adjacent to contract areas free of
leaves, weeds, trash, and other debris.
o Keep sidewalks free of algae where constant runoff occurs.
o Remove leaves, weeds, trash, and other debris from landscaped areas
and disposed of off -site.
o Clean sidewalks, roadways, and any other areas littered or soiled by
Contractor maintenance operations.
o Maintain the premises free of debris at all times. Upon completion of any
work project, the Contractor shall remove remaining excess materials,
waste, rubbish, debris, and his /her construction and installation equipment
from the premises. Any dirt or stains caused by the work shall be
removed. Existing City trash containers shall not be used for the disposal
of debris collected by the Contractor.
o Prune plant materials adjacent to roadway intersections to provide
adequate sight distance for vehicles entering the intersection.
o Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
o Notify the City immediately of any unusual and hazardous conditions at
the work site.
o Notify City within one (1) hour of malfunctioning facilities or conditions that
may break, malfunction, or interrupt the public's use of City facilities.
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• Provide control measures for all insects, other like pests, and diseases.
Any control measures should be approved first by the Project
Administrator with written recommendations from the Contractor's Pest
Control Advisor. All rodent activity shall be eradicated as soon as
possible. Particular attention to burrowing rodents is necessary to protect
the site.
• Remove all animal feces or other materials detrimental to human health
from park areas and properly dispose immediately.
• Remove all broken glass and sharp objects and properly dispose
immediately.
• Inspect all areas, benches, picnic tables, and associated park amenities
daily, and maintain in a neat, clean and safe condition at all times.
• Inspect all play and sports equipment for vandalism, safety hazards and
serviceability. Deficiencies shall be reported in writing immediately to the
City.
• Clean all sand and wood chip areas abutting maintained areas when
dirtied by Contractor's operations and at other times as required.
• Empty trash cans provided by the City daily, and wash after emptying
(when necessary) or as determined by the Inspector. Contractor shall
provide plastic liners for all trash cans at Contractor's expense.
• Keep all concrete "V" drains, to include the portion under the sidewalk, of
vegetation, debris, and algae to allow unrestricted water flow.
• Clean all other drainage facilities of all vegetation and debris. All grates
shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
• Empty all barbecue grills of ashes and debris.
• SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
o Drainage Facilities
• All drainage structures shall be checked and cleaned to insure
consistent unrestricted water flow.
• Any damage to structures shall be noted immediately to the
Project Administrator.
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■ Failure to properly maintain drainage systems or to notify the
Project Administrator of damaged systems will result in the
Contractor assuming full responsibility for the repair of drainage
damage to the facility.
o Irrigation System Maintenance
• The Contractor shall maintain the complete sprinkler system in an
operable condition in those locations where operable systems exist.
This includes but is not limited to controllers, backflow devices, flow
sensors, master valves, manual and remote control valves, wiring,
pipes, vaults, heads, and anti -drain valves. The Contractor shall
not be responsible for the water meter assembly as he /she may
cause damage to these items.
■ Repair and adjust all sprinkler heads to maintain proper and
uniform water application. The Contractor will adhere to all State,
County, and local regulations accordingly.
• Adjust water application (both manual watering and by adjusting the
irrigation controllers) to compensate for changes in weather.
Contractor will be responsible for damages occurring due to under -
watering or over - watering.
• Contractor shall turn off irrigation systems during rains.
■ All replacements to be made with original type material or as
directed.
• Repair or replacement of equipment damaged as a result of
Contractor's negligence shall be replaced at the Contractor's
expense.
■ Material substitutions shall be approved by the Project
Administrator.
■ Necessary irrigation repairs shall be made prior to the next
scheduled irrigation cycle. All repairs shall be made in accordance
with City standard irrigation specifications stated in Appendix E:
Standard Materials.
■ Irrigation programming charts will be included in monthly reports in
January, April, July and October.
• Areas shall only be irrigated between 11:00 PM and 6:00 AM.
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■ Contractor will maintain moisture sensors at all sites .
■ Contractor will maintain master valve and flow sensors at each site.
Master valves will be tested weekly and repaired as required.
• Irrigation replacement materials (old parts), such as, but not limited
to: irrigation valves, UNIK controllers, steam rotors, Solenoids, Add -
A -Zones and Diaphragm repair kits shall be provided to the Project
Administrator for verification.
• City shall reimburse Contractor for the actual cost, plus fifteen
percent (15 %) of all irrigation materials installed by the Contractor
in the performance of Services. Actual costs shall be the best price
available to Contractor, including all applicable discounts.
Contractor shall provide City with a schedule of typical costs of
irrigation parts, plant materials and other commonly used items
within thirty (30) days from the date of the commencement of the
Agreement and within thirty (30) days of each anniversary of the
Commencement Date. Contractor shall retain records reflecting the
actual cost of parts or materials used and the performance of
services required by the Agreement.
■ The City reserves the right to purchase materials or parts and make
them available to Contractor. City shall notify Contractor of its
intention to do so seven (7) days prior to Contractor's obligation to
use City provided parts and /or materials. Contractor shall secure,
store, inventory, distribute and control all materials or parts
provided to Contractor by City. Contractor shall make all materials
and inventory available to the City upon request.
• Contractor shall adopt reasonable methods during the duration of
the Agreement to furnish continuous protection to City equipment
and property and /or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to
persons or property, except such losses or damages as may be
caused by the City's sole negligence or willful misconduct.
■ Contractor shall advise the City's Project Administrator of any
damage to City equipment or property immediately upon becoming
aware of the damage.
• Contractor shall repair, at its sole cost and expense, any damage to
City equipment or property caused by Contractor or its agents,
employees, representatives or officers.
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• Contractor shall repair damaged irrigation pipes, controllers and
valves only after the City's Project Administrator has approved a
written estimate of the cost of repair.
■ Turf shall be regularly mechanically trimmed around sprinkler
heads to insure the proper operation of the irrigation systems.
• Irrigation systems shall be thoroughly inspected by operating all
control valves and checking for proper coverage, leaks, valve
actuation, proper timing, and other operational conditions.
However, the Contractor shall be responsible for the proper
operation of the system at all times and shall provide for obvious
repairs as needed. A weekly Irrigation Tracking Worksheet shall be
submitted to the City inspector, specifying locations, controller
numbers, date of inspection, and type of repairs made.
• Contractor shall not charge labor for any irrigation repairs, unless it
is pre- approved by the City for emergency repairs on overtime.
• WATER CONSERVATION
o Contractor shall appoint a staff member to act as the Water Manager. The
Water Manager shall have the following abilities and shall meet the
following requirements:
• Abilities
• Meet Irvine Ranch Water District (IRWD) Landscape
Irrigation Guidelines and monthly water allocations stated in
Appendix H: Irvine Ranch Water District Landscape Irrigation
Guidelines.
• Maintain a healthy landscape.
• Calculate evapotranspiration (ET) rates to gallons per minute
(GPM).
• Maintain all parks and landscape in a usable condition (no
flooding due to over - irrigation).
• Troubleshoot and diagnose irrigation systems issues, and
recommend or take corrective action.
• Requirements
• Program all controllers according to the IRWD allocation.
Pinnacle Landscape Company Page A -17
• Notify the Contractor or City Representative of all required
repairs.
• Meet the IRWD monthly water allocations for each meter on
all streetscape and park applications. The Contractor shall
maintain healthy plant material, and avoid monthly IRWD
penalties.
• DAMAGES FOR WATER MANAGEMENT
o Should the Contractor exceed the IRWD allocation, all penalty charges for
water used above the allocation will be deducted from the Contractor's
monthly billing.
o Deduction shall exclude all approved appeals such as mainline and
control valve failures.
o The Project Administrator shall meet monthly with the Contractor's
Representative and the Contractor's Water Manager to review over -
allocation water billing to determine which water billing appeals are to be
approved and which are to be waived.
The Contractor shall copy Project Administrator on all such
appeals, include all meter readings, allocation calculations and
proof of repairs.
■ Over - allocations that do not qualify for appeal or have not been
waived will be deducted from the Contractor's monthly payment.
TURF MAINTENANCE
c All turf is to be mowed once per week.
o Frequency of mowing shall be scheduled so that no more than one -third
(1/3) of the height of the grass plant is removed per mowing.
o Borders shall be edged at each mowing with a gas - powered walk- behind
edger.
o Clippings shall be collected and removed unless otherwise directed by the
City.
o Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not be
permitted.
Pinnacle Landscape Company Page A -18
o Chemically kill turf around trees, as needed, a maximum of six (6) inches
from the tree base or as directed by the City. If a tree wound is present
then hand trimming is required. A two (2) inch layer of bark mulch
(approved by City) shall be maintained in this area at all times.
o Mechanically trim around vaults, posts, and other similar features.
o Mowing equipment shall be approved by the City. Equipment must be
sharp and properly adjusted to avoid damage to the turf plant.
o Pickup all litter prior to mowing.
o On all baseball infields, edging shall be performed using a string line and
shall use the base paths as a guide.
o Mow turf to the following heights:
• Warm season turf grass: one -half (1/2) to one and one - quarter (1
/4) inches.
• Bermuda Grass: one -half (1/2) to three - quarter (3/4) inches.
• Cool season turf including Bluegrass, Perennial Rye, Fescues: one
and one -half (1 ''/2) inches to two and one -half (2'/2) inches.
• Kikuya and St. Augustine turf: one and one - quarter (1 '/4) inches to
one and three - quarter (1 3/) inches.
• Mow all athletic fields using a reel -type mower, unless otherwise directed
by the City. Mowing shall be scheduled to occur only on Wednesdays or
Thursdays and shall not conflict with public use /sport group activities.
• Vertical mowing of warm season grasses shall be done once per year in
March to allow for sufficient time for turf regeneration.
• Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
• Cool season grasses shall be renovated to remove thatch as directed.
• All turf shall be fertilized four times per year using a homogenous, pellet or
granular slow - release material. City must approve the material used.
Apply at the following rates and time:
■ January: 16 -6 -8 (or approved equivalent) fertilizer at one pound
actual nitrogen per 1,000 square feet.
Pinnacle Landscape Company Page A -19
• April: 22 -3 -9 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
■ July: 21 -3 -5 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
• October: 16 -6 -8 (or approved equivalent) fertilizer at one pound
actual nitrogen per 1,000 square feet.
• Material shall be applied using a rotary-type spreader, ensuring
uniform overlap. All excess fertilizer deposited on sidewalks,
parking lots, and other hardscape areas shall be properly cleaned
and removed.
• The Contractor shall perform a soil fertility analysis at individual
parks (up to 10) as directed by the City in the month of December
and review the analysis with the Project Administrator in the month
of January.
■ All materials must be approved by the Project Administrator.
Quantities used must be submitted to the Project Administrator on
the Monthly Fertilizer Use Report.
o Appropriate fungicide, weed control, and insecticide materials shall be
applied to all turf areas throughout the year on a curative basis.
• Turf areas must be maintained in a weed -free basis.
■ Chemical control of broadleaf weeds shall be initiated as needed on
all turf.
■ The pest control operator shall post all areas to be treated per label
requirements and be present on treated sites until chemicals have
dried.
o Aerate all turf areas as often as required (minimum of twice per year;
between April 1 and May 15 and between September 1 and November 1).
Aerate all athletic fields six (6) times per year in the months of: December,
February, April, June, August and October.
o Aerate all turf with a mechanical aerator set with one -half (1/2) inch core
spoons at not more than six (6) inch spacing and a minimum depth of four
(4) inches.
• Remove and dispose all cores.
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■ Contractor is responsible for locating and marking all sprinkler
components.
■ Topdress two times per year with approved topdress material (for
sports fields only, immediately following December and June
aerations). For these aerations, Contractor shall use a twelve (12)
inch deep tine aerator.
• Apply City approved, contractor supplied, perennial rye seed mix
twice per year, at ten (10) pounds per 1,000 square feet. Contractor
shall apply seed when topdressing takes place.
• Apply Gypsum at twenty -five (25) pounds per 1,000 square feet to
select turf areas (up to ten (10) athletic fields) one time per year as
conditions dictate.
■ Contractor is responsible for damages due to aeration operations.
o Irrigate as necessary to maintain proper growth rate, optimum
appearance, and the health of the turf plant.
• Irrigation must be scheduled to avoid either under - watering or over -
watering.
• Manually water where necessary.
• Check operation of entire irrigation system at each site weekly, or
more often when conditions warrant, to insure proper operation of
irrigation system.
o Control all rodent pests as necessary to provide a healthy and safe
environment for turf and public.
o Visually inspect all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs. Correct as necessary.
o Scheduling of mowing and turf care maintenance times will be approved
by the City. Use by the public will dictate schedules, and noise levels will
be kept to an acceptable minimum at all times.
• GROUNDCOVER MAINTENANCE
o All groundcover areas shall be maintained in a trimmed, weed -free
condition.
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o Weeds shall be removed as they appear. No hoeing or scuffling is
allowed. A pre- emergent herbicide shall be applied in all shrub and
groundcover beds twice per year, once in April and once in September.
o Morning glory and grass infestations shall be treated immediately when
observed.
o Groundcover areas shall be fertilized twice per year, once in March and
once in October with JTM complete (8 -2 -4) fertilizer at 15 pounds per
1000 square feet for the first two (2) applications, then 10 pounds per
1000 square feet thereafter. Substitutions may be considered at the City's
sole discretion.
o Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
o Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
o Control pests, including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
o Bare groundcover areas shall be kept cultivated and raked of all debris.
o Bark mulch shall be replaced as needed and at the Contractor's expense,
to ensure a layer of mulch at least two (2) inches thick all times.
• SHRUB, VINE AND TREE MAINTENANCE
o Shrubs shall be maintained in a safe and reasonably trimmed appearance
by proper shaping and pruning to promote the plant's natural character.
o Quarterly trim all shrubs to maintain the size and shape specified by the
Project Administrator.
o Pruning shall be accomplished to maintain a natural appearance;
decorative, poodle cuts, or other unnatural pruning will not be permitted.
Beveled edges /no hard edges will be permitted.
o Control pests as required, including snails and insects.
o Remove all dead, diseased, or damaged branches back to a side branch.
Do not leave branch stubs.
Pinnacle Landscape Company Page A -22
o Areas shall be fertilized twice per year, once in April and once in
September with JTM complete fertilizer at 15 pounds per 1000 square feet
for the first two (2) applications, then 10 pounds per 1000 square feet
thereafter. Substitutions may be considered at the City's sole discretion.
o Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
o Irrigate as required to maintain adequate growth and appearance.
Manually water or water track where necessary.
o Careful attention not to prune or trim shrubs prior to blooming shall be
made. At the conclusion of blooming of plants, all blooms shall be
trimmed off or otherwise removed. Flower stalks on agapanthus, day
lilies, morea, fountain grasses and other similar plants shall be removed
immediately after blooming or as directed by City.
• All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
• Growth of woody plants shall be encouraged except where it interferes
with circulation, maintenance activities, roadways, drainage facilities,
fence lines, or other structures. Dead branches of plants shall be
removed regularly.
o Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
o Bark mulch shall be replaced as needed and at the Contractor's expense,
to ensure a layer of mulch at least two (2) inches thick all times.
o All plant material will be trimmed to protect property owners' ocean views,
bay views, vistas, etc. as needed or as directed by City staff.
o Weeds shall be removed as they appear. A pre- emergent herbicide shall
be used twice per year where appropriate around shrubs, vines and trees,
and as approved by the City.
o The Contractor is responsible for trimming all trees up to twelve (12) feet
in height. Trees shall be trimmed as necessary to maintain adequate
pedestrian and vehicle traffic and to provide clearance from buildings,
signs and other similar features.
• Remove all suckers from base of trees as they develop throughout
the year.
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• Stake and support trees as necessary. Staking and guying shall be
as directed by the City. Staking materials shall be supplied at the
Contractor's expense.
■ All tree guys, ties, and stakes shall be checked regularly to avoid
girdling and damage.
• Contractor shall stake or otherwise support trees during inclement
weather and remove branches and other debris generated by such
weather.
• Inspect each site for dead or dying trees, broken, cracked, or
hanging branches or other hazards. Immediately notify the Parks
& Trees Superintendent if any of the above conditions exists.
• Except for emergency removal, no tree /shrub shall be removed
without prior direction or approval of the City. Trees /shrubs badly
damaged and in need of replacement shall be brought to the
attention of the Parks & Trees Superintendent.
■ Water as required to maintain proper and vigorous growth
according to variety. Manual water where necessary.
■ Tree wells shall be maintained with two (2) inch thick layer of bark
mulch at Contractor's expense, unless groundcover is present.
Weeds shall be removed, including their roots, before they reach
three (3) inches in height.
■ All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
■ All palms shall be fertilized with Palm Plus fertilizer once in March,
once in June and once in October.
o Complete pruning, heading back, lacing out, or removal will only be done
at the direction of the City and at the prescribed unit price. All such
pruning shall be made in accordance with current International Society of
Arboricultural techniques and practices that promote the natural character
of the tree.
o All pruning shall be done with clean, sharp tools appropriate for the
intended work. Cuts shall be made sufficiently close to the parent limb,
without cutting into the branch collar or leaving a stub, so that closure can
readily start under normal conditions.
Pinnacle Landscape Company Page A -24
HARDSCAPE MAINTENANCE
o During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks,
patios, shall be checked and cleaned.
■ All expansion joints and cracks are to be maintained free of weeds.
• Dirt, litter, and other debris must be removed on a weekly basis.
■ Inspect for safety hazards, including tripping hazards, holes, or
other conditions. Immediately report such to the Parks & Trees
Superintendent.
o Vacuums, blowers, sweepers or other approved means may be used to
clean hardscape areas. However, debris shall not under any
circumstance be blown or otherwise swept onto adjacent streets or
property. All debris must be picked up by the Contractor and removed
from the site. Any equipment that is used for cleaning hardscape must be
approved by the City.
f GENERAL GROUNDS POLICING
o The Contractor shall provide general grounds policing and inspection five
(5) days per week, except general grounds policing and inspection will be
six (6) days per week from Memorial Day through Labor Day, including
holidays.
o Remove all litter and other debris from sites.
o If refuse or litter is not removed during site visit, said litter or debris will be
considered an emergency and removed immediately upon notification by
the City. Failure of said removal may result in deduction of payment for
that date, week, or month.
o Provide safety and facility inspections and immediately report any
deficiencies to the Project Administrator. Contractor shall be responsible
to report below standard conditions of all structures and fixtures, including
but not limited to:
• Light standards and fixtures
• Walls, fences, gates, park benches, gazebos
• Signage
• Graffiti
Pinnacle Landscape Company Page A -25
o All areas, benches, picnic tables, and associated park amenities shall be
inspected and cleaned. Contractor shall use a wet rag to wipe these down
as needed.
o These areas shall include tot lots, play areas, volleyball courts, etc.
o All sand and wood chip areas shall be cleaned and raked level, five (5)
days per week, and six (6) days per week from Memorial Day through
Labor Day, including holidays.
o All areas shall be maintained weed -free.
o During the first week in April, June, August, October, December and
February, 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.
o Sand and /or wood chips shall be replenished as necessary to maintain
optimum level in each area, and final level shall be determined by the City
for each area. Replacement sand shall be at least equivalent to washed
plaster sand and approved by the City (standard designation of rock
product suppliers to denote a type and cleanliness of sand). All additional
sand or wood chips that are added shall be at the Contractor's expense.
• SPECIALTY /SPORTS AREAS
o These areas shall include tennis courts, handball courts, basketball courts,
baseball dugouts and bleacher areas, bicycle trails, all asphalt, and
concrete and decomposed granite walkways.
o All areas shall be inspected five (5) days per week, and six (6) days per
week from Memorial Day through Labor Day including holidays.
o All areas shall be maintained in a neat, clean and safe condition at all
times. Areas shall be swept and /or raked and debris disposed of off -site in
order to remove all deposits of silt, sand, glass, paper, leaves and other
debris.
o All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
o All broken glass and sharp objects shall be removed immediately.
Pinnacle Landscape Company Page A -26
o On Monday and Thursday of each week, all areas shall be thoroughly
cleaned by sweeping or flushing with water.
o All hard surface areas shall be inspected for uplifts and /or tripping
hazards. All uplifts and /or tripping hazards shall be barricaded
immediately and the City notified verbally within two (2) hours and by
written memo within twenty -four (24) hours.
o All play and sports equipment within hardscape areas shall be inspected
for vandalism, safety hazards and serviceability daily. Deficiencies shall
be reported in writing immediately to the City.
• DRINKING FOUNTAINS
o Inspect, clean, and adjust five (5) days per week.
o Report any deficiencies to the City immediately in writing.
• NATIVE AND DROUGHT TOLERANT PARK MAINTENANCE
o Locations:
• Back Bay View Park, Castaways Park, Morning Canyon, Bonita
Canyon Sports Park, Coastal Peak Park, Upper and Lower Buck
Gully, and Mesa Birch Park
o These requirements are in addition to all of the preceding Technical
Maintenance Specifications:
• All native and drought tolerant plant material at these sites will be
maintained in their natural shape. All dead wood for natives will
remain on the plant or where it has fallen.
• The areas shall be maintained weed -free. Only manual pulling or
mechanical cultivation of non - native weed species will be allowed.
• The Contractor's maintenance personnel will be trained to
distinguish weedy plant species from native or drought tolerant
vegetation to ensure that only weedy species are removed.
• All weeds will be removed manually before they can attain a height
of six (6) inches or produce seeds, whichever comes first.
• Pulled weeds will be placed in a mantilla to prevent the seeds from
coming in contact with the ground and removed from the project
site during the same day's maintenance.
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• For Morning Canyon Park and Buck Gully, leaf and branch drop
and organic debris from native species shall be left in place.
• For California Meadow Sedge areas at Castaways Park follow Turf
Maintenance Specifications, unless otherwise directed by City.
Wash mower, weed whip or other equipment thoroughly prior to
each mow at Castaways Park. Apply two (2) inch layer of mulch to
walkways at Castaways Park and Back Bay View Park twice per
year. Hand -pull all weeds in California Meadow Sedge areas prior
to each mow; no chemical eradication will be permitted.
• Hand water trees without bubblers as needed at Castaways Park,
Morning Canyon Park and Buck Gully. Monitor excessive summer
irrigation to Oak trees at Castaways Park, especially those situated
in California Meadow Sedge areas.
• Where applicable, inspect rabbit fencing once per week.
At several times during the year, especially during the rainy season (November —
May), the Contractor will have to make sure there is sufficient staff to accommodate
manual removal of all weeds throughout the sites. If the Contractor fails to increase
staff to accommodate timely weed removal, per specifications, the City may hire an
outside Contractor to assist in weed removal and deduct these fees from the
Contractor's monthly maintenance i
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MINIMUM STAFF REQUIREMENTS
(APPENDIX A)
Position
# of Employees
Work Performed
Required
Location(s)
Vehicle(s)
Supervisor
1
Pickup Truck or
All sites
equal
Irrigation Technician
3
Irrigation
Three (3) fully
All sites EXCEPT
maintenance
stocked trucks
Bonita Canyon
with irrigation
Sports Park
controller remotes
for Rainmaster
Irrigation Technician
1
Irrigation
One (1) fully
Bonita Canyon
maintenance
stocked truck with
Sports Park
irrigation controller
remote for
Rainmaster
Mow Crew Driver
1
Mowing /turf
maintenance
One (1) crew cab
truck
All sites
Mow Crew Laborers
4
Leadworker
2
Two (2) crew cab
trucks
Detailed Maintenance
4
Various Sites
Worker
Detailed
Back Bay View Park,
Detailed Maintenance
Maintenance
Castaways Park,
Worker
2
Morning Canyon,
Mesa Birch Park, and
Buck Gully
Detailed Maintenance
2
One (1) truck or
Bonita Canyon
Worker
utility vehicle
Sports Park
Driver
1
General litter
One (1) One -ton
All Contract sites
control, refuse
stake bed truck
removal, and
grounds policing
Pest Control
1
Pest control
One (1) fully-
All Contract sites
Operator
operations
stocked spray
truck with a
minimum 100
gallon tank
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LANDSCAPE MAINTENANCE AREA MAPS
(APPENDIX B)
To view and /or download Appendix B of the RFP, the Landscape Maintenance
Area Maps, please visit:
https:// www5 .newportbeachca.gov /osuppIier /bid current.asp ?path= /RFP 13 -55 -
Landscape Maintenance Services
File Name: Landscape Maintenance Area Maps.pdf
For interactive maps, please go so:
http:// qis. newportbeachca .gov /gispub /TurfMaintenance /default.aspx
Pinnacle Landscape Company Page A -30
MAINTENANCE FREQUENCY SCHEDULE
(APPENDIX C)
FUNCTION IFREQUENCY
Irrigation Maintenance
Operational Inspection
Weekly
Program Irrigation Controllers
Weekly
Test Master Valves
Weekly
Turf Maintenance
Visual Inspection
Weekly
Mowing
Weekly
Clipping Removal
At each mowing
Edging
At each mowing, As needed for Sports Fields
Trimming
At each mowing
Fertilize
Four times /year
Aerate
Twice /year, six times /year for Sports Fields
Topdress Application with approved
perennial rye seed
Twice /year for Sports Fields
Vertical Mow
Once /year
Thatch Removal
Once /year
Gypsum Application
Once /year for select turf sites
Pest and Weed Control
As needed
Groundcover Maintenance
Visual Inspection
Weekly
Trim
Monthly
Fertilize
Twice /year
Pre - emergent Application
Twice /year
Pest and Weed control
As needed
Shrub, Vine, and Tree
Maintenance
Visual Inspection
Weekly
Rake
Weekly
Restake /Check
Each site visit/every two weeks min.
Trim
Four times /year
Fertilize
Twice /year - Once /year for trees — three /year for
palm trees
Handscape Maintenance
Five days/ week,
Six days/ week Memorial Day through Labor
Day
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Grounds Policing
(Including Sand/Wood Chip Areas,
Specialty /Sports Areas, and Park
Amenities)
Visual Inspection
Five days/ week,
Six days/ week
Memorial Day through Labor
Day
Litter Removal
Five days/ week,
Six days/ week
Memorial Day through Labor
Day
SandNVood Chip Area
Maintenance
Rototill Sand
Six times /year
Replenish
As needed
Specialty /Sports Area
Maintenance
Sweep or Water Flush
Twice /week
Five days/ week,
Six days/ week
Memorial Day through Labor
Replenish
Day
Drinking Fountain Maintenance
Inspect
Five /week
Clean
Five /week
Adjust
Five /week
Site Inspection
Five days/ week,
Six days/ week
Memorial Day through Labor
Day
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MANDATORY MOWING SCHEDULE
(APPENDIX D)
Before 9:00 AM
Before 10:00 AM
After 1:00 PM
After 1:30 PM
38th St. Park
Las Arenas Park
Buffalo Hills Park
Sports Fields
Lincoln Athletic
Center
Newport Pier Plaza
Peninsula Park
OASIS Senior Center
(Wednesdays Only)
West Jetty View
State Beach
West Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills
Park
San Miguel Park
Begonia Park
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STANDARD MATERIALS
(APPENDIX E)
All materials used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach before
installation. Any item not mentioned in the Standard Materials list must be approved by
the Project Administrator.
TURF FERTILIZERS, ETC.
• All commercial fertilizers must be homogenous.
• All organic fertilizers must have lowest salinity rate possible.
• No steer or chicken manure is allowed.
• All fertilizers, planting medium, humus material, etc. must be City
approved.
PLANTING
• All selection and condition of the plant material of plant stock, seed, sod,
trees, shrubs, annuals and perennials, flowers, and groundcovers must be
approved by the Project Administrator before planting.
• All shrubs and trees shall be planted with approved soil amendment.
• All trees shall be planted with root barriers, tree stakes, and ties.
• Hand - spread and rake in City Supplied seed in Native Park areas.
• PESTICIDES
• Roundup or equivalent
• Snapshot or equivalent
• Talstar or equivalent
• Merit or equivalent
• All pesticides proposed to be used must be submitted to City with
application location and written recommendation from the Contractor's
Pest Control Advisor prior to use. All materials must be properly labeled
and certified for intended use. Proper and legal disposal of any and all
pesticides used is solely the responsibility of the Contractor. All state,
county, and city laws regarding pesticide use and disposal must be
followed.
Standard Irrigation Materials List:
HEADS
• Toro 570Z- PRX -COM with Precision Series Spray Nozzle (small turf
areas)
• Rain Bird 3500 (small / medium turf areas)
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• Rain Bird 5000 (medium turf areas)
• Toro TR50XT (medium /large turf)
• Toro TR70XTP or Toro 2001 (large turf areas)
• Toro 570 - PRXCOM with Precision Series Rotatin Nozzle (slopes &
groundcover areas)
• Rainbird RWS Series (tree wells)
CONTROLLER
o Rain Master Evolution DX2 irrigation controller with flow, radio & antenna
• DRIP AND SPECIALIZED LOW- VOLUME IRRIGATION
• Rain Bird Xerigation
• Jardinier Surface Flow Irrigation
• Toro Precision Series Rotating Nozzle
• BATTERY- POWERED IRRIGATION
o Toro DDCWP Battery- Powered Controller
• MISCELLANEOUS
• Febco 825Y RP Backflow Device
• Spears # DS -100 Dri- Splice Connectors with crimp sleeves
• Spears # DS -300 Dri - Splice Sealant
• Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
• Griswold DW Series Valve (Control Valve)
• Griswold DW Series Valve with DC latching solenoid (use with battery
powered controller)
• Griswold 2160 Solenoid Valve (Normally Open Master Valve)
• Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
• Matco 754 Series Full Port Ball Valve
• Schedule 40 PVC Lateral Pipes
• Class 315 Main Supply Pipe (2" and larger)
• Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller)
• Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D
• Round Valve Box - Plastic -10"
• Control Wire- U. F. 600 -Volt Direct Burial Copper with PVC Insulation.
• Rain Master EVFM Flow Sensor
Pinnacle Landscape Company Page A -35
FULL LANDSCAPE MAINTENANCE LOCATIONS & ACREAGE
FULL LANDSCAPE MAINTENANCE LOCATIONS AND ACREAGE
(APPENDIX F)
FACILITY
ADDRESS
NOW
SPORTS
TURF
SPORTS
TURF
TOTALACREAGE
Arroyo Park
114 Bayswater, Bison Ave. at
Bayswater
5.46
2.82
8.28
Back Bay View Park
1900 Back Bay Dr, Jamboree and
Coast Hwy
10.76
0.00
10.76
Balboa Island Park
115 Agate Ave
0.26
0.00
0.26
Balboa Yacht Basin
829 Harbor Island Drive
1.72
1 0.00
1.72
Bayside Drive
Bayside Dr. between Carnation and
Marguerite
3.58
0.00
3.58
Bayview Park
Mesa Dr and Bay View Ave
2.10
0.00
2.10
Begonia Park
Begonia Ave and First Ave
2.22
0.00
2.22
Bob Henry Park
900 Dover Dr, 16th Street and
Dover Drive
3.31
1.98
5.29
Bonita Canyon Sports Park
1990 Ford Rd
34.43
8.15
42.58
Bonita Creek Park
3010 La Vida
7.52
5.69
13.21
Buck Gully & Fifth
Poppy and Fifth
0.74
0.00
0.74
Buffalo Hills Park
1891 Port Provence PI
13.17
4.07
17.24
Castaways Park
700 Dover Dr
15.05
j 0.00
15.05
Central Library
1000 Avocado
2.19
0.00
2.19
China Cove Ramp
Ocean Blvd and Fernleaf
0.27
0.00
0.27
Coastal Peal< Park
20403 East Coastal Peak
6.92
4.27
11.19
Eastbluff Park
2401 Vista Del Oro
10.22
1.46
11.68
Fire Station #4
124 Marine Ave
0.02
0.00
0.02
Fire Station #7
1971 Mesa Dr
2.11
0.00
2.11
Harbor View Nature
San Miguel Dr, east of Pacific View
Dr
10.09
0.00
10.09
Irvine Terrace
721 Evita Dr
4.97
2.74
7.71
Jasmine View
Harbor View Dr and Marguerite
Ave
1.01
0.00
1.01
Lincoln Athletic Center
3101 Pacific View D
4.35
7.31
11.66
Lower Buck Gully
214 Glen Dr
2.12
0.00
2.12
Manning Tract
2001 W Newport Hills Dr
1.64
0.00
1.64
Mesa Birch Park
2081 Mesa Dr
0.85
0.00
0.85
Morning Canyon Park
Surrey Dr and Rockford Rd
0.56
0.00
0.56
Old School Park
Dahlia Ave and Fourth Ave
0.82
0.00
0.82
Police Department /Fire
Station #3
868 -870 Santa Barbara Dr
2.90
0.00
2.90
San Joaquin Hills Park
1550 Crown Dr N
3.13
0.00
3.13
Pinnacle Landscape Company Page A -36
San Miguel Park
San Miguel Dr and Spyglass Hill Rd
5.33
2.08
7.41
Spyglass Hill Park
Spyglass Hill Rd and El Capitan Dr
1.53
0.00
1.53
Spyglass Hill Reservoir
21 Muir Beach Cir
1.03
0.00
1.03
Sunset View Park
Superior Ave, north of Coast Hwy
W
1.11
0.00
1.11
TOTALS:
163.49
40.56
204.05
Pinnacle Landscape Company Page A -37
TURFGRASS ONLY MAINTENANCE AND ACREAGE
(APPENDEIX G)
FACILITY
ADDRESS
NON-
SPORTS
TURF
SPORTS
TURF
TOTAL ACREAGE
"A" Street Pump Station
815 E Bay Ave
0.01
0.00
0.01
38th Street Park
3600 Balboa Blvd
0.22
0.00
0.22
Bolsa
Bolsa Ave and Old Newport Blvd.
0.10
0.00
0.10
Channel Place
4400 Channel PI
0.76
0.00
0.76
City Hall - Former
3300 Newport Blvd
1.02
0.00
1.02
Cliff Drive
301 Riverside Ave
2.04
0.00
2.04
Corona Del Mar Library
420 Marigold
0.07
0.00
0.07
Corona Del Mar State Beach
3001 Ocean Blvd
1.18
0.00
1.18
Ensign View
2501 Cliff Dr
0.75
0.00
0.75
Fire Station #1 /Balboa Library
100 -110 Balboa Blvd E
0.28
0.00
0.28
Fire Station #2
475 32nd St
0.02
0.00
0.02
Fire Station #5
410 Marigold Ave
0.03
0.00
0.03
Fire Station #6
1348 Irvine Ave
0.05
0.00
0.05
Galaxy View Park
1398 Galaxy Dr
0.73
0.00
0.73
Grant Howard
3000 Fifth Ave
3.26
1.34
4.60
Kings Road
1801 Kings Rd
0.13
0.00
0.13
L Street Park
327 L St
0.41
0.00
0.41
Las Arenas
Balboa Blvd W and 17th St
0.29
0.00
0.29
Lido Park
Via Lido and Lafayette Ave
0.41
0.00
0.41
Mariners
1300 Irvine Ave
2.51
1.33
3.84
Newport Island Park
3809 Marcus Ave
0.13
0.00
0.13
Newport Pier Plaza
72 Newport Pier
0.15
0.00
0.15
Newport Shores
220 61st St
0.26
0.00
0.26
Ocean Blvd Bluffs
Ocean Blvd from Bayview to Poppy
Ave
1.24
0.00
1.24
Peninsula
A St and Ocean Front E
2.07
1.60
3.68
Veteran's Memorial
215 15th St
0.39
0.00
0.39
West Jetty
2300 Channel Rd
0.37
0.00
0.37
West Newport Community
Center
883 15th St W
0.13
0.00
0.13
West Newport Park
Seashore Dr and Prospect St
3.41
0.00
3.41
Westcliff
Polaris Dr and Morning Star Ln
0.79
0.00
0.79
TOTALS.
23.19
4.28
27.47
Pinnacle Landscape Company Page A -38
IRVINE RANCH WATER DISTRICT LANDSCAPE IRRIGATION GUIDELINES
(APPENDIX H)
Irvine Ranch Water District Landscape Irrigation Guidelines
Water used for irrigation will be supplied by the Irvine Ranch Water District (IRWD). It is
the responsibility of the Contractor to understand the water usage rate tiers based on
allocation and to periodically review the IRWD guidelines, as they are updated on a
regular basis.
Irvine Ranch Water District Landscape Irrigation Information
http: / /www. irwd. co m/ customer - care /understand i nq -vour- bill /land scape-irrigation-
rates.html
Landscape Irrigation Schedule of Rates and Charges
http: / /www.irwd.com/ assets / files / Financial% 20Files /RatesandCharges- Current.pdf
Explanation of Bill
http: / /www.irwd.com/ assets /files /Customer ° /`20Service /Your Bill Explained 7.12.pdf
Meter and Allocation Log
http: / /www. irwd.com/ assets / files /Conservation /MeterAllocLog[1]. pdf
Using the Meter and Allocation Log
http: / /www.irwd.com/ assets /files /Conservation /usinglog.pdf
Landscape Irrigation Adjustment Request Form
http: / /www. i rwd.com/ assets /files /Conservation/ LANDSCAPE %201 RRI GATION %20ADJ
USTMENT %20REQUEST %20FORM FINAL.pdf
Instructions for Completing Landscape Irrigation Adjustment Request Form
http://www.irwd.com/assets/files/Conservation/INSTRUCTIONS.pdf
Suggested Weekly Schedule for Spray -Head Irrigation
http:/ /www. i rwd. com /alwayswatersmart /weekly - irrigation -sched ule. html
Pinnacle Landscape Company Page A -39
REQUIRED REPORTS
• Daily
o Daily email with site locations of crews and numbers assigned at each
site.
Weekly
o Weekly Maintenance Schedule, including approved extra work and
chemical use schedules.
o Weekly Master Valve /Flow Sensor inspection checklist.
o Weekly Performance Report.
o Weekly irrigation inspection check list (to include controller and site
inspection for all sites and a list of any repairs required). A weekly
Irrigation Tracking Worksheet shall be submitted to the Project
Administrator, specifying locations, controller numbers, date of inspection,
and type of repairs made..
Monthly
o Monthly Chemical Use Report (As sent to the County Agriculture
Commission), daily as needed for certain applications.
o Monthly Fertilizer Use Report.
o Monthly maintenance inspection list for all sites, performed by the
Contractor supervisor.
o Required tailgate safety meeting records, include with Monthly
Maintenance Report.
o Monthly pest control inspection for all sites conducted by a Qualified
Licensed Applicator.
c Monthly maintenance report which includes Monthly Greenwaste Report.
• Quarterly
o Irrigation controller programming charts, submitted quarterly (January,
April, July, October).
Pinnacle Landscape Company Page A -40
Annually
o Annual Maintenance Schedule which includes: Organization chart, mow
and trash schedules, once per year submittal.
o Annual pesticide safety training records.
o Annual Proposed Pesticide List with EPA numbers, Pesticide
Recommendations, Labels and Material Safety Data Sheets.
Pinnacle Landscape Company Page A -41
WTMI`i?
SCHEDULE OF BILLING RATES
A. The Contractor agrees that for requested and /or required changes in the scope
of work, including additions and deletions on work not performed, and /or
emergency repairs, the total compensation shall be adjusted in accordance with
the following unit prices, where the City elects to use this method in determining
costs.
B. Unit prices listed below refer to all services and include all costs connected with
such items; including but not limited to, materials, labor, overhead, insurances
and profit for the Contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the total
number units and /or amount of labor required for added or deleted items of work,
unless otherwise agreed upon in writing by both Contractor and City.
D. All work shall be performed in accordance with the specifications described in
RFP 13 -55.
E. Plant installation unit prices shall include appropriate amounts of soil
amendments and fertilizer tabs.
Pinnacle Landscape Company Page B -1
Total annual cost of landscape maintenance of parks and facilities;
$885,784.00 (Eight Hundred Eighty Five Thousand Seven Hundred Eighty Four Dollars)
*Cost shall include all labor, materials, equipment, insurances and any associated items
related to the project as specified in the scope of work and the contents of this Request
for Proposal, Total cost shall reflect the unit prices listed herein.
Total annual contingency for additional work, CPI adjustments, emergency
repairs:
$259,216.00 (Two Hundred Fifty Nine Thousand Two Hundred Sixteen Dollars)
Pinnacle Landscape Company Page B -2
FUNCTION COST /UNIT OF MEASURE
Function Cost Unit
Aerify
$250.00
1,000 Square Feet
Dethatch /Renovate
$6,650.00
Acre
Edge
$6.00
1, 000 Linear Feet
Fertilize
$4.00
1,000 Square Feet
Gypsum Application at 25lbs
$4.00
1,000 Square Feet
Mow (Reel Blade)
$8.00
1,000 Square Feet
Mow (Rotary Blade)
$6.00
1,000 Square Feet
Topdress only
$8.00
1,000 Square Feet
HARDSCAPE
Cleaning
$12.00
1,000 Square Feet
Powerwashing
$10.00
1,000 Square Feet
Tree disease /insect foliar spray $3.00 Tree
Tree disease /insect root injections $6.00 Tree
SHRUB PRUNING /REMOVALS `
Pruning $10.00 10 Linear Feet
Removals $12.00 10 Linear Feet
Pinnacle Landscape Company Page B -3
Pruning $50.00 Tree
Removals $85.00 Tree
1 Gal. Shrub
$8.50
Each
5 Gal. Shrub
$25.00
Each
15 Gal. Shrub
$100.00
Each
15 Gal. Tree
$110.00
Each
24" Box Tree
$275.00
Each
36" Box Tree
$675.00
Each
64 Count Flat Groundcover
$22.00
Flat
16 Count 4" Flat Annual Color
$25.00
Flat
Turf - Seed and Top Dress
$22.00
1,000 Square Feet
Turf - Sod
$1250.00 sod only
1,000 Square Feet
Hand - spread and rake in City Supplied seed
$6.00
1,000 Square Feet
LABOR
Landscape Maintenance Supervisor
$45.00
Hour
Pest Control Applicator
$60.00
Hour
Irrigation Specialist
$40.00
Hour
Landscape Maintenance Leadworker
$30.00
Hour
Equipment Operator
$40.00
Hour
Landscape Maintenance Laborer
$22.00
Hour
Tree Trimmer
$30.00
Hour
EQUIPMENT'.
Pinnacle Landscape Company Page B -4
11 -Ton Truck I $75.00 I Day
Parks and Facilities Turfgrass Maintenance $6,534.00 Acre/Year
Parks and Facilities Native Park $5,227.00 Acre/Year
Maintenance
Pinnacle Landscape Company Page B -5
LOCATION UNIT COSTS
FULL LANDSCAPE MAINTENANCE
.FACILITY _
ADDRESS /LOCATION
YEARLY COST "`'
Arroyo Park
114 Bayswater, Bison Ave. at Bayswater
$34,140.00
Back Bay View Park
1900 Back Bay Dr, Jamboree and Coast Hwy
$30,936.00
Balboa Island Park
115 Agate Ave
$756.00
Balboa Yacht Basin
829 Harbor Island Drive
$4,956.00
Bayside Drive
Bayside Dr. between Carnation and Marguerite
$10,296.00
Bayview Park
Mesa Dr and Bay View Ave
$6,048.00
Begonia Park
Begonia Ave and First Ave
$6,384.00
Bob Henry Park
900 Dover Dr, 16th Street and Dover Drive
$22,476.00
Bonita Canyon Sports Park
1990 Ford Rd
$152,244.00
Bonita Creek Park
3010 La Vida
$58,812.00
Buck Gully & Fifth
Poppy and Fifth
$2,136.00
Buffalo Hills Park
1891 Port Provence PI
$64,476.00
Castaways Park
700 Dover Dr
$43,272.00
Central Library
1000 Avocado
$6,300.00
China Cove Ramp
Ocean Blvd and Fernleaf
$780.00
Coastal Peak Park
20403 East Coastal Peak
$47,808.00
Eastbluff Park
2401 Vista Del Oro
$38,928.00
Fire Station #4
124 Marine Ave
$60.00
Fire Station #7
1971 Mesa Dr
$6,072.00
Harbor View Nature
San Miguel Dr, east of Pacific View Dr
$29,016.00
Irvine Terrace
721 Evita Dr
$32,196.00
Jasmine View
Harbor View Dr and Marguerite Ave
$2,904.00
Lincoln Athletic Center
3101 Pacific View D
$60,288.00
Lower Buck Gully
214 Glen Dr
$6,096.00
Manning Tract
2001 W Newport Hills Dr
$4,716.00
Mesa Birch Park
2081 Mesa Dr
$2,448.00
Morning Canyon Park
Surrey Dr and Rockford Rd
$1,620.00
Old School Park
Dahlia Ave and Fourth Ave
$2,364.00
Police Department /Fire Station #3
868 -870 Santa Barbara Dr
$8,340.00
San Joaquin Hills Park
1550 Crown Dr N
$9,000.00
San Miguel Park
San Miguel Dr and Spyglass Hill Rd
$29,920.00
Pinnacle Landscape Company Page B -6
Spyglass Hill Park Spyglass Hill Rd and El Capitan Dr 1 $4,404.00
FULL LANDSCAPE MAINTENANCE (Continued)
Spyglass Hill Reservoir
21 Muir Beach Cir
$2,964.00
Sunset View Park
Superior Ave, north of Coast Hwy W
$3,192.00
Pinnacle Landscape Company Page B -7
LOCATION UNIT COSTS
TURFGRASS ONLY MAINTENANCE
FACILITY
ADDRESS /LOCATION
ST,!
"A" Street Pump Station
815 E Bay Ave
$60.00
38th Street Park
3600 Balboa Blvd
$1,152.00
Bolsa
Bolsa Ave and Old Newport Blvd
$528.00
Channel Place
4400 Channel PI
$3,984.00
City Hall - Former
3300 Newport Blvd
$5,340.00
Cliff Drive
301 Riverside Ave
$10,668.00
Corona Del Mar Library
420 Marigold
$372.00
Corona Del Mar State Beach
3001 Ocean Blvd
$6,180.00
Ensign View
2501 Cliff Dr
$3,924.00
Fire Station #I/Balboa Library
100-110 Balboa Blvd E
$1,464.00
Fire Station #2
475 32nd St
$108.00,
Fire Station #5
410 Marigold Ave
$168.00
Fire Station #6
1348 Irvine Ave
$264.00
Galaxy View Park
1398 Galaxy Dr
$3,816.00
Grant Howard
3000 Fifth Ave
$25,812.00
Kings Road
1801 Kings Rd
$684.00
L Street Park
327 L St
$2,148.00
Las Arenas
Balboa Blvd W and 17th St
$1,524.00
Lido Park
Via Lido and Lafayette Ave
$2,148.00
Mariners
1300 Irvine Ave
$21,828.00
Newport Island Park
3809 Marcus Ave
$684.00
Newport Pier Plaza
72 Newport Pier
$792.00
Newport Shores
220 61st St
$1,368.00
Ocean Blvd Bluffs
Ocean Blvd from Bayview to Poppy Ave
$6,492.00
Peninsula
A St and Ocean Front E
$21,288.00
Veteran's Memorial
215 15th St
$2,040.00
West Jetty
2300 Channel Rd
$1,944.00
West Newport Community Center
883 15th St W
$684.00
West Newport Park
Seashore Dr and Prospect St
$17,832.00
Westcliff
Polaris Dr and Morning Star Ln
$4,140.00
Pinnacle Landscape Company Page B-8
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE /REPAIR /JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Pinnacle Landscape Company Page C -1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ( "CPL ") coverage with a total limit of liability
of no less than $1,000,000 per loss and $1,000,000 in the aggregate per
policy period dedicated to this Project. The CPL shall be obtained on an
occurrence basis for a policy term inclusive of the entire period of
construction. If all or any portion of CPL coverage is available only on a
claims -made basis, then a 10 -year extended reporting period shall also be
purchased. The CPL policy shall include coverage for cleanup costs,
third -party bodily injury and property damage, including loss of use of
damaged property or of property that has not been physically injured or
destroyed, resulting from pollution conditions caused by contracting
operations. Coverage as required in this paragraph shall apply to sudden
and non - sudden pollution conditions resulting from the escape or release
of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases,
waste materials, or other irritants, contaminants, or pollutants. The CPL
shall also provide coverage for transportation and off -Site disposal of
materials. The policy shall not contain any provision or exclusion
(including any so- called "insured versus insured" exclusion or "cross-
liability" exclusion) the effect of which would be to prevent, bar, or
otherwise preclude any insured or additional insured under the policy from
making a claim which would otherwise be covered by such policy on the
grounds that the claim is brought by an insured or additional insured
against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
Pinnacle Landscape Company Page C -2
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
Pinnacle Landscape Company Page C -3
F. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Pinnacle Landscape Company Page C -4
Attachment B
Budget Amendment No. 14BA 005
City of Newport Beach NO. BA- 14BA -005
BUDGET AMENDMENT
2013 -14
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
AMOUNT: $s2,2oo.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To appropriate funds from General Fund Reserves to General Services - Parks, Contract Services for
additional costs of the contracted and as- needed services for parks and facilities maintenace.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Division Number 3170 GS - Parks
Account Number 80883 Contract Services - Parks /Facilities
Signed:
Signed:
Signed:
Director
Approval: City
City Council Approval: City Clerk
Amount
Debit Credit
$82,200.00
Automatic
$82,200.00
7- i5 -i3
Date
-�) fib) tZ
Date
Date