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HomeMy WebLinkAbout18 - Proposed Civic Center & Park Landscape Maintenance Contract with Park West1 LL )ii Agenda Item No. 18 January 28, 2014 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Stephen G. Badum, Assistant City Manager 949 - 644 -3002, sbadum(a)newportbeachca.gov PREPARED BY: Stephen G. Badum, Assistant City Manager APPROVED: 2 �,A( A a v TITLE: Proposed Civic Center & Park Landscape Maintenance Contract with Park West ABSTRACT: With the recent completion of the Civic Center and Park, a landscape maintenance agreement is needed for the continued maintenance of the Civic Center grounds and park. Staff proposes a five year maintenance contract with Park West. RECOMMENDATIONS: 1) Approve a five year maintenance contract with Park West for the continued maintenance of the Civic Center and Park in the amount of $155,652 for the first year, with an allowance of $31,130 for supplemental work as directed by City staff. 2) Approve Budget Amendment No. 14BA -028 appropriating $76,746 from the General fund balance reserves to Municipal Operations Account No. 3170- 80883. FUNDING REQUIREMENTS: If approved, the reimbursement expenditure will be funded from General Fund surplus fund balance. Proposed Civic Center & Park Landscape Maintenance Contract with Park West January 28, 2014 Page 2 DISCUSSION: The Civic Center grounds and park were completed in April 2013 by Park West, landscaping subcontractor to C.W. Driver. Since that completion, Park West has been maintaining the park and grounds during the establishment of the various plants, trees, and turf throughout the project. The formal plant establishment period which requires Park West maintain the park landscape and guarantee the health of the plantings and trees is scheduled to end in April 2014. At that time, staff will evaluate the health of the plantings and trees and any problematic plants or trees will either be replaced or continued to be monitored under an extended plant establishment period. Since the plant establishment work only includes the maintenance of the plants, trees, and irrigation system, the maintenance of the walkways, dog park, litter removal, minor repairs, and other miscellaneous tasks are being performed on an as needed basis by City staff. Staff proposes to enter into an agreement with Park West to continue their plant establishment efforts and take on the additional maintenance activities that are currently being performed by staff. The planting palette consists mostly of native plants and "California Friendly" (low water) plants. These plants will take several seasons to fully establish and flourish. As such, staff feels it would be appropriate to retain Park West for a contract of five years. Their experience in constructing the park and establishment makes them a logical choice. At the conclusion of the five year contract period when the park will be well established, staff will request bid proposals from qualified landscape maintenance firms to maintain the Civic Center grounds and park. City staff has worked closely with Park West to establish the scope of work to ensure the continued health of this important community resource. The work scope includes the maintenance of the Central library grounds as well as the Civic Center and Park. In general, the work scope includes: • Weeding, cultivating, and brush control • Turf grass weed eradication and control • Turf, shrub, and tree fertilization • Shrub and groundcover trimming, pruning, and training • Minor pruning and staking of trees under 12 feet in height • Irrigation maintenance, repair, monitoring, and programming • Water conservation • Pest & disease control N Proposed Civic Center & Park Landscape Maintenance Contract with Park West January 28, 2014 Page 3 • Mowing and aeration of turf • General litter control, refuse removal, and grounds policing • Plant replacement • Hardscape cleaning and minor maintenance of drinking fountain and other furniture • Dog park maintenance The monthly cost to perform the above scope of work is based upon market hourly rates for labor and equipment. Additionally, staff proposes an allowance for one time supplemental services such as irrigation and site repairs caused by vandalism or accidental damage, replacement plantings due to disease and damage, removal of invasive plants, and storm damage. City staff has negotiated the estimated monthly cost of the needed services to be $12,971 /month. The annual not to exceed cost would be $186,782, including an allowance (20 %) of $31,130 for supplemental services throughout the year. Any proposed annual increases would be in accordance with CPI and a cap of 2.5% each year. 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). Submitted by: 5tephe . Badum As nt City Manager Attachment: A. Proposed Landscape Maintenance Agreement B. Budget Amendment KJ Attachment A MAINTENANCE SERVICES AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR CIVIC CENTER AND PARK LANDSCAPE MAINTENANCE THIS MAINTENANCE SERVICES AGREEMENT (Agreement') is made and entered into as of this 29th day of January, 2014 ('Effective Date'), by and between the City of Newport Beach, a California municipal corporation and charter city ('Citv), and Park West Landscape Maintenance, Inc., a California corporation ('Contractor~), whose address is 22421 Gilberto, Suite A, Rancho Santa Margarita, CA 92688, 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 the Civic Center and Park ( °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: The term of this Agreement shall commence on the Effective Date, and shall terminate on January 31, 2019, 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 ('Service' 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 Contractors 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 Nine Hundred Thirty Three Thousand Nine Hundred and Ten Dollars and 00/100 ($933,910.00), subject to the annual Consumer Price Index adjustment as further described in Section 4.2, without prior written amendment to the Agreement. 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 Rate §') shall be adjusted in proportion to changes in the Consumer Price Index, 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 Park West Landscape Maintenance, Inc. Page 2 5 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-U3', 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 two and one half percent (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. F ;I ;lolljxobVirlulUTCLA 7 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 Mike Shirk 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. Citys 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. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Park West Landscape Maintenance, Inc. Page 3 6 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. Citys Director of Municipal Operations Department 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 Contractors 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 Contractors 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 Contractors 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 result of Contractors 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. Park West Landscape Maintenance, Inc. Page 4 7 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 Contractors 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'lndemnified 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, "Claim), 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. 10. INDEPENDENT CONTRACTOR 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 Park West Landscape Maintenance, Inc. Page 5 8 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 Citys 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 Citys 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. 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. Park West Landscape Maintenance, Inc. Page 6 9 16. 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. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter`Documen&), 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 right to use such materials in its discretion without further compensation to Contractor or any other party. Additionally, all material posted in cyberspace 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 right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractors expense, provide such Documents, including all logins and password information to City upon prior written request. 18. 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. 19. 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. Park West Landscape Maintenance, Inc. Page 7 10 20. 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. 21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 22. CONFLICTS OF INTEREST 22.1 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. 22.2 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 City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1 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. 23.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Director Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 23.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Park West Landscape Maintenance, Inc. Page 8 Attn: Brian Chinnery Park West Landscape Maintenance, Inc. 22421 Gilberto, Suite A Rancho Santa Margarita, CA 92688 24. 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. Contractors 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.). 25. TERMINATION 25.1 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 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. 25.2 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. 26. LABOR 26.1 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 ('FLSA') (29 USCA § 201, et seq.). 26.2 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. Park West Landscape Maintenance, Inc. Page 9 12 26.3 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. 26.4 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. 27. STANDARD PROVISIONS 27.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 27.2 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. 27.3 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 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27.4 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. 27.5 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. 27.6 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. 27.7 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. 27.8 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. Park West Landscape Maintenance, Inc. Page 10 13 27.9 Controlling Law and Venue. The laws of the State of California shall govem 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. 27.10 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. 27.11 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. 27.12 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] Park West Landscape Maintenance, Inc. Page 11 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTOR EY' OFFICE a California municipal corporation Date: I 9 //q Date: By: „ q, r 1 By. Aaron C. rp Rush N. Hill, II City Attorney 1t•1 Mayor ATTEST: 1 CONTRACTOR: Park West Landscape Date: Maintenance, Inc., a California corporation Date: By: By: Leilani I. Brown Dustin Kemmerer City Clerk President Date: By: Brian Riggs Executive VP Administration [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements of Finance and Park West Landscape Maintenance, Inc. T Page 12 15 EXHIBIT A SCOPE OF SERVICES I. DUTIES AND RESPONSIBILITIES A. INTENT 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. B. DESCRIPTION OF PROJECT (1) Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the following: and chemically and chemically (a) Weeding, cultivating and brush control, both mechanically (b) Turfgrass weed eradication and control, both mechanically (c) Turf, shrub, and tree fertilization (d) Shrub and groundcover trimming, pruning, and training (e) Minor pruning and staking of trees under twelve (12) feet in height at main library (f) Complete pruning, staking and maintenance of trees at Civic Center planting and turf (g) Irrigation programming, monitoring, maintenance, and repair (h) General rodent, pest, and disease control on landscape (i) Mowing, verticutting, and aerifying 0) General litter control, refuse removal, and grounds policing (k) Plant replacement (1) Hardscape cleaning (m) Maintenance of sand and wood chip areas (n) Access roadway clearance and visibility maintenance Park West Landscape Maintenance, Inc. Page A -1 16 (o) General drainage structure and system maintenance (p) Drinking fountain maintenance (q) Reporting vandalism, graffiti, or any safety concerns (r) Maintenance of synthetic turf at dog park (2) It shall NOT be the Contractors responsibility to maintain or repair: (a) Area lighting systems (b) Fencing (c) Gates (d) Any building located at the specified site (e) Graffiti (f) Vandalism (g) Signage (h) Damage resulting from vehicular accidents (i) Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules Q) Trees over twelve (12) feet in height at Central Library C. LEVEL OF MAINTENANCE (1) All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. (2) 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 Citys 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. Park West Landscape Maintenance, Inc. Page A -2 17 (3) 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. D. QUALITY OF WORK AND MATERIALS (1) 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. (2) 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. (a) At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. (b) Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. (c) 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: (d) Contractor shall conform to all City practices and procedures. (e) All City purchases will be for the sole expressed use of and for the City. (f) 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. (g) The Contractor will reduce the unit cost for each maintenance task by the Citys actual cost for the materials provided and used. E. MINIMUM STAFF REQUIREMENTS At minimum, Contractor shall provide, in addition to one (1) part time Supervisor, one (1) full -time irrigator /foreman and two (2) full -time laborer positions. The City reserves the right to increase minimum staffing based upon additional acres being added to the Contract. Park West Landscape Maintenance, Inc. Page A -318 F. WORKMANSHIP AND SUPERVISION (1) 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. (2) All hours shall be made up if there are absences to the Contractors workforce (including sick days and vacations.) Where advanced notice is provided by the Contractor, the Contractor shall provide replacement staffing for those absent. G. WORKING HOURS (1) 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. (2) 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 (0' of July) • Labor Day • Thanksgiving Day • Christmas Day • New Years Day H. SUPERVISION OF CONTRACT (1) 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. (2) 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. Park West Landscape Maintenance, Inc. Page A -4 19 SPECIFICATIONS 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. J. PROVISIONS FOR EXTRAS 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. K. STREET CLOSURES, DETOURS, BARRICADES (1) Warning signs, lights, and devices shall be installed and displayed in conformity with the current edition of the'California Manual on Uniform Traffic Control Device'(http://www.dot.r,a.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. (2) 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. (3) Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. L. DISPOSAL 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. M. RECORDS (1) 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: Park West Landscape Maintenance, Inc. Page A -5 20 (2) The Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Project 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. (3) 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. (4) The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services during regular business hours. N. EMERGENCY SERVICES 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 Contractors normal work force is not present in the City. These Contractor representatives shall respond to said emergency within thirty (30) minutes of receiving notification. O. SPECIALTY OPERATIONS 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: synthetic turf maintenance, 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 Minimum Staff Requirements. P. LANDSCAPE LICENSE 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 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. Park West Landscape Maintenance, Inc. Page A -6 21 Q. CONTRACTOR'S OFFICE 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. Contractor will have full responsibility for maintaining an office and a storage facility. The Project Administrator, with prior approval, may allow one utility vehicle to be stored in the Civic Center parking garage. R. SCHEDULES (1) Annual Schedule (a) The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. (b) The Contractor shall complete the schedule for each park and facility in a manner which shall correspond to the weekly schedules. (c) The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. (d) The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. (2) Weekly Schedule (a) 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. (b) The Contractor shall complete the schedule for each item of work and each area of work. (c) 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. (d) 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. Park West Landscape Maintenance, Inc. Page A -7 22 (e) Failure to notify of a change and /or failure to perform an item of work on a scheduled day may, at the Citys sole discretion, result in deduction of payment for that date, week or month. (f) 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. (3) Daily Schedule (a) Daily schedule shall be emailed to the Project Administrator before 8:00 AM each workday. It shall list site activities of the crews. Changes to daily schedule can be made verbally or by email to the Project Administrator. (4). Performance on Schedule (a) 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. E• ��= 1:77eL'Urds1�[��01111JOIzle7P[94 iriA2111 ii/ (1) 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. (2) 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. (3) 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. T. UNDERGROUND EXCAVATIONS 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. Park West Landscape Maintenance, Inc. Page A -8 23 LI)! ;_ *11[4447 *1 (1) The City shall maintain all documents that pertain to the use of pesticides on its property. (2) Contractor shall provide the Project Administrator with all of the following in paper and electronic format: (a) A copy of Contractor's Orange County Agricultural Commissioner's "Restricted Materials Permit/Operator I.D. numberE'. (b) A written'Pest Control Recommendatiori'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). (c) 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. (d) 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 Material', must be submitted twenty -four (24) hours before application. (e) 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. (f) A part-time Pest Control Operator will be assigned to the contract to apply all pesticides with a State of California Qualified Applicators License. (g) 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. (3) The Contractor shall not use any pesticide that has not been authorized by the Project Administrator in writing Park West Landscape Maintenance, Inc. Page A -9 24 II. TECHNICAL MAINTENANCE SPECIFICATIONS A. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS (1) Perform all maintenance functions in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the 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. (2) Conduct all operations so as to provide maximum safety for the public and minimize disruption of the public use of City parks and facilities. (3) Keep all gutters, curbs, and walks adjacent to contract areas free of leaves, weeds, trash, and other debris. (4) Keep sidewalks free of algae where constant runoff occurs. (5) Remove leaves, weeds, trash, and other debris from landscaped areas and disposed of off -site. (6) Clean sidewalks, roadways, and any other areas littered or soiled by Contractor maintenance operations. (7) 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. (8) Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. (9) Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. (10) Notify the City immediately of any unusual and hazardous conditions at the work site. (11) Notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the publids use of City facilities. (12) 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 Contractors Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. Park West Landscape Maintenance, Inc. Page A -1 25 (13) Remove all animal feces or other materials detrimental to human health from park areas and properly dispose immediately. (14) Remove all broken glass and sharp objects and properly dispose immediately. (15) Inspect all areas, benches, picnic tables, and associated park amenities daily, and maintain in a neat, clean and safe condition at all times. (16) Inspect all play and sports equipment for vandalism, safety hazards and serviceability. Deficiencies shall be reported in writing immediately to the City. (17) Clean all sand and wood chip areas abutting maintained areas when dirtied by Contractor's operations and at other times as required. (18) Keep all concrete `V drains, to include the portion under the sidewalk, of vegetation, debris, and algae to allow unrestricted water flow. (19) 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. (20) Empty all barbecue grills of ashes and debris. B. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS (1) Drainage Facilities (a) All drainage structures shall be checked and cleaned to insure consistent unrestricted water flow. (b) Any damage to structures shall be noted immediately to the Project Administrator. (c) 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. (2) Irrigation System Maintenance (a) 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. Park West Landscape Maintenance, Inc. Page A -2 26 (b) 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. (c) 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. (d) Contractor shall turn off irrigation systems during rains. (e) All replacements to be made with original type material or as directed. (f) Repair or replacement of equipment damaged as a result of Contractors negligence shall be replaced at the Contractor's expense. (g) Material substitutions shall be approved by the Project Administrator. (h) 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 Standard Materials. (i) Irrigation programming charts will be included in monthly reports in January, April, July and October. Ri•! 0) Areas shall only be irrigated between 11:00 PM and 6:00 (k) Contractor will maintain moisture sensors at all sites . (1) Contractor will maintain master valve and flow sensors at each site. Master valves will be tested weekly and repaired as required. (m) Irrigation replacement materials (old parts), such as, but not limited to: irrigation valves, LINK controllers, steam rotors, Solenoids, Add -A -Zones and Diaphragm repair kits shall be provided to the Project Administrator for verification. (n) 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. Park West Landscape Maintenance, Inc. Page A -3 27 (o) 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 Contractors 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. (p) 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 Citys sole negligence or willful misconduct. (q) Contractor shall advise the Citys Project Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. (r) 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. (s) Contractor shall repair damaged irrigation pipes, controllers and valves only after the Citys Project Administrator has approved a written estimate of the cost of repair. (t) Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the irrigation systems. (u) Irrigation systems shall be tt all control valves and checking for proper coverage, timing, and other operational conditions. However, the for the proper operation of the system at all times and as needed. A weekly Irrigation Tracking Worksheet inspector, specifying locations, controller numbers, c repairs made. oroughly inspected by operating leaks, valve actuation, proper Contractor shall be responsible shall provide for obvious repairs shall be submitted to the City ate of inspection, and type of (v) Contractor shall not charge labor for any irrigation repairs, unless it is pre- approved by the City for emergency repairs on overtime. C. TURF MAINTENANCE (1) All turf is to be mowed once per week. (2) 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. (3) Borders shall be edged at each mowing with a gas - powered walk - behind edger. Park West Landscape Maintenance, Inc. Page A -4 28 (4) Clippings shall be collected and removed unless otherwise directed by the City. (5) and unobstructed permitted. Mechanically trim around sprinklers as needed to provide proper irrigation. The cutting of holes around sprinklers shall not be (6) 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. (7) Mechanically trim around vaults, posts, and other similar features. (8) Mowing equipment'shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. (9) Pick up all litter prior to mowing. (10) On all baseball infields, edging shall be performed using a string line and shall use the base paths as a guide. (11) Mow turf to the following heights: (a) Warm season turf grass: one -half (1/2) to one and one- quarter (1 ' /<) inches. (b) Bermuda Grass: one -half (1/2) to three - quarter (3/4) inches. (c) Cool season turf including Bluegrass, Perennial Rye, Fescues: one and one -half (1 %2) inches to two and one -half (2'/2) inches. (d) Kikuya and St. Augustine turf: one and one - quarter (1 '/4) inches to one and three - quarter (1 '/) inches. (12) 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. (13) Vertical mowing of warm season grasses shall be done once per year in March to allow for sufficient time for turf regeneration. (14) Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. (15) Cool season grasses shall be renovated to remove thatch as directed. Park West Landscape Maintenance, Inc. Page A -5 29 (16) 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: (a) January: 16 -6 -8 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. (b) April: 22 -3 -9 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. (c) July: 21 -3 -5 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. (d) October: 16 -6 -8 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. (e) 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. (f) 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. (g) All materials must be approved by the Project Administrator. Quantities used must be submitted to the Project Administrator on the Monthly Fertilizer Use Report. (17) Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. (a) Turf areas must be maintained in a weed -free basis. (b) Chemical control of broadleaf weeds shall be initiated as needed on all turf. (c) The pest control operator shall post all areas to be treated per label requirements and be present on treated sites until chemicals have dried. ' (18) 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. (19) 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. Park West Landscape Maintenance, Inc. Page A -6 30 (a) Remove and dispose all cores. (b) Contractor is responsible for locating and marking all sprinkler components. (c) 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. (d) 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. (e) 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. (f) Contractor is responsible for damages due to aeration operations. (20) Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. or over - watering. (a) Irrigation must be scheduled to avoid either under - watering (b) Manually water where necessary. (c) Check operation of entire irrigation system at each site weekly, or more often when conditions warrant, to insure proper operation of irrigation system. (21) Control all rodent pests as necessary to provide a healthy and safe environment for turf and public. (22) Visually inspect all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs. Correct as necessary. (23) 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. D. GROUNDCOVER MAINTENANCE (1) All groundcover areas shall be maintained in a trimmed, weed -free condition. Park West Landscape Maintenance, Inc. Page A -7 31 (2) 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. (3) Morning glory and grass infestations shall be treated immediately when observed. (4) Groundcover areas shall be fertilized twice per year, once in March and once in October 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 Citys sole discretion. (5) 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. (6) Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. (7) Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. (8) Bare groundcover areas shall be kept cultivated and raked of all debris. (9) 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. E. SHRUB, VINE AND TREE MAINTENANCE (1) Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plants natural character. (2) Quarterly trim all shrubs to maintain the size and shape specified by the Project Administrator. (3) 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. (4) Control pests as required, including snails and insects. (5) Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. (6) 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 Park West Landscape Maintenance, Inc. Page A -8 32 two (2) applications, then 10 pounds per 1000 square feet thereafter. Substitutions may be considered at the City's sole discretion. (7) 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. (8) Irrigate as required to maintain adequate growth and appearance. Manually water or water track where necessary. (9) 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. (10) All bare shrub bed areas shall be raked weekly to remove all litter and other debris. (11) 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. (12) Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. (13) Bark mulch shall be replaced as needed and at the Contractors expense, to ensure a layer of mulch at least two (2) inches thick all times. (14) All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. (15) 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. (16) 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. (a) Remove all suckers from base of trees as they develop throughout the year. (b) Stake and support trees as necessary. Staking and guying shall be as directed by the City. Staking materials shall be supplied at the Contractors expense. Park West Landscape Maintenance, Inc. Page A -9 33 (c) All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. (d) Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. (e) 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. (f) Except for emergency removal, no treelshrub 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. (g) Water as required to maintain proper and vigorous growth according to variety. Manual water where necessary. (h) 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. (i) All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. Q) All palms shall be fertilized with Palm Plus fertilizer once in March, once in June and once in October. (17) 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. (18) 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. F. HARDSCAPE MAINTENANCE (1) 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. (a) All expansion joints and cracks are to be maintained free of weeds. Park West Landscape Maintenance, Inc. Page A -10 34 (b) Dirt, litter, and other debris must be removed on a weekly basis. (c) Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks & Trees Superintendent. (2) Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. G. GENERAL GROUNDS POLICING (1) 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. (2) Remove all litter and other debris from sites. (3) 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. (4) 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: (a) Light standards and fixtures (b) Walls, fences, gates, park benches, gazebos (c) Signage (d) Graffiti (5) 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. H. SAND/WOOD CHIP AREAS (1) These areas shall include tot lots, play areas, volleyball courts, etc. Park West Landscape Maintenance, Inc. Page A -1135 (2) 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. (3) All areas shall be maintained weed -free. (4) 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. (5) 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. SYNTHETIC TURF MAINTENANCE (1) These areas shall include bicycle trails, all asphalt, concrete and decomposed granite walkways, and synthetic turf maintenance. (2) Contractor will follow X9Gras�' synthetic turf maintenance guidelines (manufacturer's guidelines included). (3) All areas shall be inspected five (5) days per week, and six (6) days per week from Memorial Day through Labor Day including holidays. (4) 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. (5) All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. (6) Contractor will be responsible for replacing "Doggie Walk Ba j' brand dog bags in the appropriate receptacles. Workers will inspect the receptacles daily and will fill as needed. (7) Contractor will power rake synthetic turf six times per year. (8) All broken glass and sharp objects shall be removed immediately. (9) On Monday and Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. Park West Landscape Maintenance, Inc. Page A -12 36 (10) All hard surface and synthetic turf 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. (11) 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. J. DRINKING FOUNTAINS (1) Inspect, clean, and adjust five (5) days per week. (2) Report any deficiencies to the City immediately in writing. K. NATIVE AND DROUGHT TOLERANT PARK MAINTENANCE (1) Locations: See provided map for native wetland areas. (2) These requirements are in addition to all of the preceding Technical Maintenance Specifications: (a) 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. (b) The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non - native weed species will be allowed. (c) 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. (d) All weeds will be removed manually before they can attain a height of six (6) inches or produce seeds, whichever comes first. (e) 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 days maintenance. (f) For Morning Canyon Park and Buck Gully, leaf and branch drop and organic debris from native species shall be left in place. (g) 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 West Landscape Maintenance, Inc. Page A -13 37 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. (h) 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. (i) Where applicable, inspect rabbit fencing once per week. Q) 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 Contractors monthly maintenance invoice. Park West Landscape Maintenance, Inc. Page A -14 38 III. MINIMUM STAFF REQUIREMENTS Position # of Employees Work Performed Required Location(s) Vehicle(s) Supervisor Part -time Pickup Truck or Civic Center equal Foreman/ Irrigation 1 Foreman duties/ One (1) fully Civic Center Technician Irrigation stocked gator maintenance vehicle to be stored onsite Detailed Maintenance 2 Detailed Civic Center Worker maintenance Park West Landscape Maintenance, Inc. Page A -15 39 IV. STANDARD MATERIALS 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. A. 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. B. 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. I:simmorT *Wf917 *9 • 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. D. STANDARD IRRIGATION MATERIALS LIST: (1) HEADS • Toro 570Z- PRX -COM with Precision Series Spray Nozzle (small turf areas) • Rain Bird 3500 (small / medium turf areas) • Rain Bird 5000 (medium turf areas) Park West Landscape Maintenance, Inc. Page A -16 40 • 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) E. CONTROLLER ■ Rain Master Evolution DX2 irrigation controller with flow, radio & antenna F. DRIP AND SPECIALIZED LOW- VOLUME IRRIGATION Rain Bird Xerigation Jardinier Surface Flow Irrigation Toro Precision Series Rotating Nozzle G. BATTERY - POWERED IRRIGATION • Toro DDCWP Battery-Powered Controller H. 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 Park West Landscape Maintenance, Inc. Page A -17 41 V. LANDSCAPE MAINTENANCE AREA MAP See attached map which includes total area by square foot. Park West Landscape Maintenance, Inc. Page A -18 42 MAINTENANCE FREQUENCY SCHEDULE FUNCTION FREQUENCY 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 six times /year 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 Reslake /Check Each site visit/every two weeks min. Trim Four times /year Fertilize Twice /year - Once /year for trees -three /year for palm trees Hardscape Maintenance Five days/ week, Six days/ week Memorial Day through Labor Da Park West Landscape Maintenance, Inc. Page A -20 44 Grounds Policing (Including Sand/Wood Chip Areas, Specialty, Park Amenities, Dog park) Five days/ week, Visual Inspection Six days/ week Memorial Day through Labor Day Litter Removal Five days/ week, Six days/ week Memorial Day through Labor Da SandlWood Chip Area Maintenance Rototill Sand Six time /year Replenish As needed Specialty Sweep or Water Flush Twice /week Five days/ week, Six days/ week Memorial Day through Labor Replenish Da Synthetic Turf Grass Inspect for debris Daily Power broom Six times! ear Drinking Fountain Maintenance Inspect Five /week Clean Five /week Adjust Five /week Site Inspection Five days/ week, Six days/ week Memorial Day through Labor Da Park West Landscape Maintenance, Inc. Page A -21 45 VI. SYNTHETIC GRASS MAINTENANCE GUIDELINES General Guidelines Congratulation on' your neviporossl While mail teams needs wiin KXFW3 '.we, much lower than with many other surfaces• proper ma'smamce will ensure marry years of petlrisrrWy P.W. The fctmving guidelines Era to assist in de!c"inhig the necessary,laysl of maintenance For.yow instaflatan. Gwolning The curl 6hould be ranaaionaliy greoored yAtha atiff brisged latch arWm :crplgsdn gross mke..FirFa;an aceas,a power bra ray bo.wetl. Tors w''J help rho blades to stand updghL. A+eas of herr.y uadip msynxhuim More a¢emion Vale other weal. It N alto m6chlinlooded that hair buPA up be tnsti01 Ed and a hair ontheinumbe o rings land the oe platy. Rldch th y will tie, hisetl on the number al tlapa and Il:e dcg,ee m vddch c.'akkhsl. This can bz ettfimpgshed riidt d poorer broom, plastic raku, m a smog rubtan -Mc lob oom, Periodic Cleaning since, fig limn la mada of swmabxi,bear pphre_dryaw fibers and canisters andmiactgel NpaaSe "riff, the mnoer is (of staining and housing at odors and bactorb are rnirl al. Scffd saesta shouts be removed and c5sposod at ierMydot04 and soiled awl's rinsml ragularry. Hegwed hequerrcV of douairq vAlao bmedon.mgltiplevadablea, Faccorssuchasiho"nnlo ro(dops. Ih)_typa al use Islay or od(rninatiprl. Imauaney of rain, as veafl as lia,anaI pleferwwe should all be cv,ss'rlemo. IGnsinij vdil maum, residua from the Wstls vihile moJing wasto through the Lass. A canninerclai dismlccia_w (us wen as an optional War m:utwli h) h.M also be,ussd. tv an cleaning products are safe to use vddl Mass. Moveavai, any agent that caroains bleoch'in a sclutiory of greater than 1:20 should not be used. (A U.' ratio of bleach tp water is sufficient to neutralize Ran o WrixiL Itis mcom InnAed that any dashing product he;appliad In a small tea: area 111sL Cobact you, laral euthotLrtd fu{,verLam deetei H yag:hava arty darrcem fega,tl'arg a spocilic product. The lalimvmg is a list of tnovm cleaners, used by'ForthouLa.rn F.gy'asa waS rrem, • Ronnamal PErwsot • I:gzyM . • Natures Miracle - •- Nippy 'Love SIM& solutions edui Nuts • Eliminatai • Sharon and stain Digester • e hu.0i Nled Virg • Yti1,MO:0isrlllatl L'insgarr'hR 'w,j509Gt•A451 Other duidellks. A tsush.andr*, svmooer sAauld be used in men vs. d'ut,of debris: vAich rhayaecumul ac cri thetud es o ieeuh61 use This M4 be sccomprAod vith a leaf bloWe , feet vacuum; Aiss'rate", w push Mooed., ' 1. sunliower sends, ehmrng gum; rpaaccdproducts or other lamigp subsfwn,. t,.W nm be .,act on, or dmpprrJ ai the gross. 11 such products . at on the grass owfaae. they should be ramavcU inimedLi:aTSt Fuaiaorka, sparklers oral othp itzmmabls items can damage the g,asa. Theca should no! be used orsat oit an fhe grew smfra: ' Use of equfprnent Igthar than a- bracer. pawuv bmcM, plavtin rate. WE blo:v6r or %rater hesa such as vacuum swayers. beaten or snow blann,s is aceepcshta. tut pceantal th nwga shell ban; the rialal fie usm. Additionally, hioleilmd vehfCns should be used wilbcaudo!r. Fvrsve:Le.•.m is rotresppnslble Is, do rage' caused by won eauipmenl. - Far odcAdonal questions or coremertm rcye.•ding the ram and rnmmenanee of y66, Fprc verLavn, please ecrimct your Ineat authorized Fina+aibawn dodos Park West Landscape Maintenance, Inc. Page A -22 46 VII. REQUIRED REPORTS A. Daily • Daily email with work assignments of crew. B. Weekly • Weekly Maintenance Schedule, including approved extra work and chemical use schedules. • Weekly Master Valve /Flow Sensor inspection checklist. • Weekly Performance Report. • 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. C. Monthly • Monthly Chemical Use Report (As sent to the County Agriculture Commission), daily as needed for certain applications. • Monthly Fertilizer Use Report. • Monthly maintenance inspection list for all sites, performed by the Contractor supervisor. • Required tailgate safety meeting records, include with Monthly Maintenance Report. • Monthly pest control inspection for all sites conducted by a Qualified Licensed Applicator. • Monthly maintenance report which includes Monthly Greenwaste Report. D. Quarterly • Irrigation controller programming charts, submitted quarterly (January, April, July, October). E. Annually • Annual Maintenance Schedule which includes: Organization chart, mow and trash schedules, once per.year submittal. • Annual pesticide safety training records. • Annual Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets. Park West Landscape Maintenance, Inc. Page A -23 47 EXHIBIT B SCHEDULE OF BILLING RATES I. TOTAL COMPENSATION A. Total annual cost of landscape maintenance Services for Civic Center Park and facilities: Monthly costs for landscape maintenance services not to exceed Twelve Thousand Nine Hundred Seventy One Dollars and 00/100 (S12,971.00) fora total not to exceed One Hundred Fifty Five Thousand Six Hundred Fifty Two Dollars and 00/100 ($155,652.00) annually, subject to the annual Consumer Price Index adjustment to the Billing Rates identified in Section II below and in accordance with Section 4.2 of the Agreement. B. Total annual contingency for landscape maintenance, additional work and emergency repairs: Not to Exceed Thirty One Thousand One Hundred Thirty Dollars and 00/100 ($31,130.00) annually. The Contractor agrees that for requested and /or required changes in the Scope of Work, including additions and deletions on Work not performed, the Total Compensation shall be adjusted in accordance with the following unit process, where the City elects to use this method in determining costs. All Planting unit prices shall include the appropriate amounts of soil amendments and fertilizer tabs. The unit prices below shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of th total number units and /or amount of labor required for added or deleted items of work. All Work shall be performed in accordance with the specifications described in the Scope of Services attached hereto as Exhibit A and the Request for Proposals ('RFP), incorporated herein by reference. Park West Landscape Maintenance, Inc. Page B -1 48 A. FUNCTION COST/ UNIT OF MEASURE (1) TURF Turf Mow -Reel Blade $1.50/1,000 Sq. Ft. Turf Mow -Rotary Blade $1.20/1,000 Sq. Ft. Turf Mow and Clippings Picked Up $2.00/1,000 Sq. Ft. Turf Edge $2.00/1,000 Linear Ft. Turf String Trim $1.50/1,000 Linear Ft. Turf Chemical Edge 6" Swath $5.00/1,000 Linear Ft. Turf Chemical Edge 12" Swath $10.00/1,000 Linear Ft. Turf Aerify $3.00/1,000 Sq. Ft. Turf Fertilize $8.50/1,000 Sq. Ft. Turf Dethatch /Renovate $1,500.00 /Acre Turf Sweeping $15.00/1,000 Sq. Ft. Flail Mow of Natural Areas 5600.00 /Acre (2) HARDSCAPE Cleaning and weed abatement $100.00/1,000 Sq. Ft. Mow $2.00/1,000 Sq. Ft. Edge $2.00/1,000 Linear Ft. Fertilize $8.50/1,000 Sq. Ft. (3) PEST CONTROL Turf Disease /insect spray Boom Application $15.00/1,000 Sq. Ft. Hand Application $25.00/1,000 Sq. Fl. Turf Broadleaf Spray Boom Application $15.00/1,000 Sq. Ft. Hand Application $25.00/1,000 Sq. Ft. Groundcover disease /insect spray $15.00/1,000 Sq. Ft. Shrub diseasefinsect spray $15.00/1,000 Sq. Ft. Soil Sterilant Applicant S25 00/1,000 Sq. Ft. Turf Pre - Emergent $15.00/1,000 Sq. Ft. Park West Landscape Maintenance, Inc. Page B -2 49 Landscape Planter Weed Control $15.00/1,000 Sq. Ft. General Weed Control Post Emergent $15.00/1,000 Sq. Ft. (4) SHRUB PRUNING 1 -4 Feet, Lacing $10.00 /Shrub 1 -4 Feet, Hedging $3.50 /Shrub 4 plus Feet, Lacing $20.00 /Shrub 4 Plus Feet, Hedging $5.00 /Shrub (5) TREE PRUNING Up to 12 Feet $35.00/Tree (6) PLANTING 1 Gal. Shrub $8.50 /Each 5 Gal. Shrub $24.00 /Each 15 Gal. Shrub $95.00 /Each 15 Gal. Tree with root barriers $115.00 /Each 24" Box Tree with root barriers $285.00 /Each 36" Box Tree with root barriers $850.00 /Each 64 Count Flat Groundcover $21.00 /Flat 16 Count 4" Flat Annual Color $26.00 /Flat Turf-seed and Top Dress $85.00/1,000 Sq. Ft. Turf-Sod $1200.00/1,000 Sq. Ft. Mulching (0 -2 ") 2" depth $250.00/1,000 Sq. Ft. Mulching (0 -2 ") 2" depth $42.00 /Yard (7) LABOR Landscape Maint. Laborer $24.00 /Hour Landscape Maint. Leadworker $35.00 /Hour Landscape Maint Supervisor $65.00 /Hour Irrigation Specialist $45.00 /Hour Pest Control Applicator $40.00 /Hour Park West Landscape Maintenance, Inc. Page B -3 50 Tree Trimmer Equipment Operator (8) NEW AREAS Yearly Sq. Ft. for new median Yearly Sq. Ft. for roadside Yearly Sq. Ft. for NPC sites Yearly Sq. Ft. for utility sites (9) EQUIPMENT $45.00 /Hour $65.00 /Hour $0.12 /Sq. Ft. /Year $0 12 /Sq. Ft. /Year $0.12/Sq. Ft. /Year $0.12/Sq. Ft. /Year Full size 1 -Ton Truck $650.00 /Day Flail mowing at Big Canyon Reservoir $1,800.00 /Service Park West Landscape Maintenance, Inc. Page B -4 51 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE 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 Bests 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 Park West Landscape Maintenance, Inc. Page C -1 52 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 contractors pollution liability (CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 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- Iiabiliy 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 Subroqation. 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. Park West Landscape Maintenance, Inc. Page C -2 53 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. Park West Landscape Maintenance, Inc. Page C -3 54 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 Citys 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 Contractors 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. Park West Landscape Maintenance, Inc. Page C -4 55 City of Newport Beach NO. BA- 14BA -028 BUDGET AMENDMENT 2013 -14 AMOUNT: $7s,7as.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance 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: To increase expenditure appropriations from General Fund unappropriated fund balance to fund a contract with Park West to provide landscape maintenance services at the Civic Center complex. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $76,746.00 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 3170 MOD - Parks Account Number 80883 Contracts - Parks & Facilities $76,746.00 Automatic System Entry �(, Signed: �(/ %f I y 2 3 1 T Financial Approval: Finance Director Date Signed: 11131 1 Admtms rative Approval: City Mandger Date Signed: City Council Approval: City Clerk Date