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HomeMy WebLinkAbout06 - Landscaping of Citywide Medians & RoadsidesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 March 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus�Dcity.newport- beach.ca.us SUBJECT: Award of Landscape Maintenance Contract for Citywide Medians and Roadsides ISSUE: Should the City approve a five year contract with Spectrum Care Landscape to provide landscape maintenance services for Citywide medians and roadsides at an annual cost of $308,900? RECOMMENDATION: Approve the attached five year maintenance contract with Spectrum Care Landscape to provide landscape maintenance services for Citywide medians and roadsides at an annual cost of $308,900. DISCUSSION: Background: In 1995, following an extensive study, it was determined to be in the City's best economic interest to maintain the landscaping of public medians and roadsides by contract services. In April 1996 the City entered into a five -year contract with California Landscape Maintenance (CLM) to perform contract landscape maintenance of these areas. Subsequently in January 2000, CLM was purchased by TruGreen Landcare (TGL) and TGL assumed the duties and responsibilities of the existing contract. In 2001, the City renewed the contract at the same cost for up to an additional five years. The current contract was year to year, but automatically renewable on an annual basis if the contractor is performing in a satisfactory manner. Staff and TGL mutually concede that the maintenance is not being performed to the level required by the contract Citywide Medians and Roadsides Agreement March 22, 2005 Page 2 specifications, primarily due to TGL's lack of personnel and resources. TGL cannot continue to perform the duties and responsibilities at the current rate, $20,780 per month. TGL and the City have mutually agreed to cancel the existing contract effective March 31, 2005 or at such time as a new landscape contractor can be hired. As a result, staff drafted a Request for Proposal (RFP) for median and roadside landscape maintenance and mailed the RFP to 16 qualified contractors. Eight of the 16 contractors attended the mandatory pre -bid meeting and tour on February 28 and five of those companies submitted proposals. The costs to provide the services are as follows Spectrum Care Landscape (SCL) submitted the lowest cost proposal that met all of the requirements of the RFP. Staff has reviewed the proposal and verified the letters of recommendation and insurance policies submitted by SCL. SCL performs similar landscape maintenance in the cities of Mission Viejo, Lake Forest, Laguna Niguel, and Laguna Hills, as well as for numerous homeowners associations in Orange County. Staff has visited the cities noted to verify the landscape maintenance levels. The attached proposed contract provides for landscape maintenance of City medians and roadsides. The contract with SCL is set to commence on April 1, 2005 and has the option of being extended for up to four (4) additional one (1) year terms. The contract does allow for a CPI increase, not to exceed 2% per year, starting in the second year (January 2007). This clause was included so we do not again experience a contractor being unable to provide sufficient resources to the City due to a rise in costs for labor or materials. Funding Availability: Funds were budgeted in the FY 04 -05 budget for the landscape maintenance of Citywide medians and roadsides. SCL will perform landscape maintenance of City medians and roadsides per the attached contract specifications. No additional funds will be requested for this new contract for the current fiscal year. Monthl Annual Spectrum Care Landscape $25,739 $308,868 RecoverX $27,900 $334.800 Park Landscape Maintenance $36,152 $413,382 Midori Gardens Landscape $38,178 $458,136 Mission Landscape Services $49,545 $594,540 Spectrum Care Landscape (SCL) submitted the lowest cost proposal that met all of the requirements of the RFP. Staff has reviewed the proposal and verified the letters of recommendation and insurance policies submitted by SCL. SCL performs similar landscape maintenance in the cities of Mission Viejo, Lake Forest, Laguna Niguel, and Laguna Hills, as well as for numerous homeowners associations in Orange County. Staff has visited the cities noted to verify the landscape maintenance levels. The attached proposed contract provides for landscape maintenance of City medians and roadsides. The contract with SCL is set to commence on April 1, 2005 and has the option of being extended for up to four (4) additional one (1) year terms. The contract does allow for a CPI increase, not to exceed 2% per year, starting in the second year (January 2007). This clause was included so we do not again experience a contractor being unable to provide sufficient resources to the City due to a rise in costs for labor or materials. Funding Availability: Funds were budgeted in the FY 04 -05 budget for the landscape maintenance of Citywide medians and roadsides. SCL will perform landscape maintenance of City medians and roadsides per the attached contract specifications. No additional funds will be requested for this new contract for the current fiscal year. Citywide Medians and Roadsides Agreement March 22, 2005 Page 3 Environmental Review: This project does not require environmental review. Prepared by: Jerernypilmmond, AdminiAtrative Analyst Attachment: Proposed Contractor Agreement Submitted by: David E. Niederhaus, Director COUNCIL AGENDA NO. � L -0� _ CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 22nd day of March of 2005, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and Spectrum Care Landscape, a California Corporation ( "Contractor'), is made with reference to the following Recitals: RECITALS WHEREAS, in 1995 City determined it to be in the City's best economic interests that maintaining certain medians and roadsides be performed by a private Contractor. WHEREAS, on April 8, 1996 City entered into a contract with a private contractor to perform maintenance functions on certain medians and roadsides. WHEREAS, in February 2005, City gave notice to the current contractor that the City was exercising its right to terminate their contract. WHEREAS, in February 2005, City prepared a Request for Proposal (RFP) for distribution to qualified contractors. WHEREAS, Spectrum Care Landscape ( "Contractor') submitted the lowest bid among the firms which responded to the RFP. WHEREAS, Contractor desires to enter into an Agreement to provide services to the City, and Contractor acknowledges that the City has relied upon its representations and commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. WHEREAS, Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, common nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, the Parties agree as follows: 1. TERM The term of this agreement shall be for a period of twelve (12) months. The City reserves the right to terminate the agreement unilaterally at any time upon thirty (30) days written notice to the Contractor. This contract can be renewed in one year increments by mutual agreement, based upon an evaluation of performance of the maintenance contractor with a determination of satisfactory performance by the City. 1 If negotiations are still in progress at the end of any one -year term previously agreed upon, the City and the Contractor will continue performance as required herein on a month -to -month basis at the previously agreed upon basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least sixty (60) days after written notice to the City of its decision to terminate the relationship and the City shall be obligated to give consideration to the Contractor for such additional performance at the usual rate of payment as provided herein. 2. CONTRACTOR DUTIES Contractor shall perform the services specifically described in, and in strict compliance with the scope of work requirements of Exhibit A ( "Contract Services ") at the median and roadside locations listed in Exhibit B. The Contract Services shall be performed at least as frequently as specified in Exhibit C. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contract Services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit D. Reports will be submitted by the Contractor in accordance with Exhibit E. Bid Unit Prices and Costs are contained in Exhibit F. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement. 3. WORKMANSHIP, SUPERVISION AND EQUIPMENT A. Contractor shall provide a work force sufficient to perform the Contract Services and all members of the work force shall be able to offer proof of legal right to work in the United States. B. All Contract Services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be monitored by a certified California Landscape Contractors Association Landscape Technician I (irrigation). All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (in addition to irrigation and pesticide specialists) necessary to properly perform Contract Services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications by directly overseeing the contract operations. All E supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. D. All Contractor personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Parks and Trees Maintenance Superintendent when performing Contract Services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. E. All work shall be performed in accordance with the highest landscape maintenance standards. F. All vehicles and equipment used in conjunction with the work shall be in good working order and have appropriate safety guards (mowers, etc.). All vehicles shall bear the identification of the Contractor and clearly past "serving for the City of Newport Beach." G. Contractor shall provide an Operation Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. An area supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of Three Hundred Eight Thousand Eight Hundred Sixty Eight dollars ($308,868) per year. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices ". The base cost of the contract shall be increased on January 1, 2007, and every twelve (12) months thereafter, at which the contract remains in effect, to reflect any increase in the Consumer Price Index (CPI — all urban consumers for the Los Angeles — Anaheim — Riverside area — 2006 base year). Base cost increase shall reflect actual changes in CPI provided, however, in the event the CPI increases more than two percent (2 %) during the preceding twelve (12) months, the increase in the base cost shall be limited to two percent (2 %). This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid 3 in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, the Davis -Bacon Wage determinations are available at the Federal Wage website: www.access.gpo.gov /davisbacon. 5. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered agents or employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 6. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit D in performing Contract Services. Any deviation from the materials described in Exhibit D shall not be installed unless approved in advance by the City Administrator. B. Subject to the provisions of Section 7, City shall reimburse Contractor for the actual cost, plus fifteen percent (15 %), of all materials installed by Contractor in the performance of Contract Services. Actual cost 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 this Agreement. Contractor shall retain records reflecting the actual cost of parts or materials used and the performance of services required by this Agreement. C. City reserves the right to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and /or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request, rd 7. REPAIR /REPLACEMENT A. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. B. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or it agents, employees, representative or officers. C. Contractor shall repair damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. D. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 8. EXAMINATION OF WORK SITES City makes no representation regarding the order or condition of any area or location for which Contractor is to provide services. City has also made no representation that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of the Agreement. 9. HOLD HARMLESS A. Contractor assumes all risk in any way related to the performance of Contract Services. Contractor agrees to indemnify, defend, save and hold harmless City, its elected and appointed boards and commissions, officers, agents, and employees from and against any loss, damages, liability, claims, costs, expenses or damages, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from, or in any way related to, the performance of Contract Services required by this Agreement, provided, however, Contractor's obligation in this regard shall not apply in the event of the sole negligence, fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all 5 loss, damages, liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to Contractor in the performance of services under this Agreement. C. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control of Contractor, Contractor shall not be relieved of its obligation to defend, indemnify, and hold City and its officers, employees and representative harmless, by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City. 10. INSURANCE A. In addition to Contractor's obligation to defend, indemnify, and hold City harmless, Contractor shall obtain and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Insurance policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to performing any Contract Services. B. Prior to the commencement of work, Contractor shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements. At the option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class A -7 or better carriers: 1. Worker's Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and one million dollars ($1,000,000) per accident Employers' Liability; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury; and property damage. [09 If the policy contains a general aggregate limit, then the aggregate limit shall not be less than two million dollars ($2,000,000); 3. Commercial auto liability and property insurance covering all owned and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage; D. Endorsements to the policies providing the above insurance shall be obtained by Contractor, adding the following three provisions: 1. Additional Insured: "The City of Newport Beach and its elected and appointed boards, officers, agents, and employees as additional insured." 2. Notice: "The policy shall not terminate, nor shall it be canceled or the coverage reduced, until thirty (30) days after written notice is given to City." 3. Other Insurance: "Any other insurance maintained by the City of Newport Beach shall be excess and not contributing with the insurance provided by this policy." E. Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of this Agreement. 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 performance of Contract Services. F. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor, a waiver of any right of subrogation which any such insurer of Contractor may acquire against City by virtue of the payment of any loss under insurance. 7 11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignments are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of Contract Services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of Contract Services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 12. RECORDS /REPORTS A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within ten (10) days after the end of each month. Irrigation programming schedules will be submitted monthly. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service and a description of the action taken from the City call. E. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this R Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his /her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 14. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to five hundred dollars ($500). B. City reserves the right to withdraw certain park or facility locations from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the scope of services, compensation to Contractor shall be reduced in accordance with the bid unit costs specified in Exhibits J and K. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 15. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 0 16. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any disposal fees or other expenses unless authorized in writing by City Administrator. 17. LABOR AND PERFORMANCE BONDS Contractor shall furnish, concurrently with the effective date of this Agreement, a bond or other instrument satisfactory to the Administrator in an amount equal to fifteen thousand dollars ($15,000) as security for the Faithful Performance of this Agreement. 18. LABOR A. Contractor shall conform to all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. 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 notice to City, including all relevant information. 19. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, consultant, employee or applicant for employment based on race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 21. CONFLICTS OF INTEREST A. The 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 financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a 10 completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. 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 termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 22. NOTICES All notice, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: General Services Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 -8915 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Spectrum Care Landscape Gary Plumley, Director of Operations 27181 Burbank Foothill Ranch. CA 92610 23. TERMINATION /DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonable required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided 11 in this or authorized by law, terminate this Agreement by giving written notice of termination. B. This Agreement may be terminated at anytime, without cause by City or Contractor, upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for Contract Services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and /or Contractor fails to satisfactorily perform Contract Services. City shall have the right to return funds withheld until the City Administrator determines that Contract Services are performed as well as frequently as required by this Agreement. 24. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party. 25. COMPLIANCE Contractor represents that it is familiar, and shall comply, with all state, federal, or local laws, rules, ordinance, statutes or regulations applicable to the performance of Contract Services. 26. WAIVER A waiver by City 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. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to 12 vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation A Contractor APPROVED AS TO FORM: By: Robin L. Clauson, City Attorney 13 Title: EXHIBIT A DESCRIPTION OF PROJECT (SCOPE OF WORK) I. Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as dcscribed herein including, but not limited to, the following: 1. Weeding, cultivating and brush control both mechanically and with chemicals. 2. Fertilizing. 3. Shrub and groundcover trimming, pruning, training. 4. Minor tree pruning and staking. 5. Irrigation programming, monitoring, maintenance, and repair. 6. General rodent, pest and disease control on landscape planting and turf. 7. Mowing, verticutting, and aerifying. 8. General litter control, refuse removal, and grounds policing. 9. Plant replacement. 10. Hardscape cleaning. 11. Access roadway clearancc and visibility maintenance. 12. General drainage structure and system maintenance. 13. Drinking fountain maintenancc. 14. Reporting for vandalism, graffiti, or any safety concerns. 15. Trce trimming trees under 8 feet. It shall NOT be the contractor's responsibility to maintain or repair: 1. Area lighting systems 2. Fencing 3. Gates 4. Any building located at the specified site 5. Graffiti 6. Vandalism 7. Signage 8. Damage resulting from vehicular accidents 9. Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules. 10. Trees over 8 feet in height. 11. Hardscape repairs. (curbs, gutters, sidewalks, etc.) II. WORKING HOURS Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled other than litter control and refuse, without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 8:00 AM nor after 5:00 PM. III. TERM OF CONTRACT The term of this agreement shall be for a period of twelve (12) months. The City reserves the right to terminate the agreement unilaterally at any time upon thirty (30) days written notice to the Contractor. This contract can be renewed in one year increments by mutual agreement, based upon an evaluation of performance of the maintenance contractor with a determination of satisfactory performance by the City. If negotiations are still in progress at the end of any one -year term previously agreed upon, the City and the Contractor will continue performance as required herein on a month -to -month basis at the previously agreed upon basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least sixty (60) days after written notice to the City of its decision to terminate the relationship and the City shall be obligated to give consideration to the Contractor for such additional performance at the usual rate of payment as provided herein. IV. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest landscape maintenance standard, 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. 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 result in deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standard. 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. V. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach General Services Department. There shall be a minimum of a weekly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first of said month. 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. VI. 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. VII. CORRESPONDENCE All correspondence shall be addressed to Marcelino Lomeli, Parks and Tree Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884. VIII. 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 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. IX. STREET CLOSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. 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. X. DISPOSAL At least 50% of 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. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. XI. RECORDS The contractor shall keep accurate records concerning all of his /her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Tree Maintenance Superintendent. This report should also contain a description, including man - 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. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service, and a description of the action taken from the City call. 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 Parks and Tree Maintenance Superintendent. This maintenance calendar shall clearly indicate all of the landscape 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 Parks and 'free Maintenance Superintendent for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services only at any reasonable time. XII. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours hen the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. XIII. 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: fertilization, turf aeritication, turf dethatching, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications and plant replacements. XIV. LANDSCAPE LICENSE 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 at the beginning of contract, and any changes forwarded within twenty -four (24) hours of said change. A licensed Pest Control Operator must be provided to apply all restricted chemical materials. XV. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone 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 radio, cell phone, or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have fill responsibility for maintaining an office and a yard. XVI. SCHEDULES Annual Schedule 1. The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. The Contractor shall complete the schedule for each site in a manner which shall correspond to the weekly schedules. 3. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Weekly Schedule 1. 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. 2. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the 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. 4. Changes to the schedule shall be received by the Parks and Trees Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. 5. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week. 6. The Contractor shall adjust his /her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days. unless otherwise indicated by the City. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore. all work shall be completed on the day scheduled. as shown on the weekly schedule. XVII. Performance During Inclement Weather 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 Parks and Trees Maintenance Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. XVIII. Underground Excavations 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 Parks and 'Frees Maintenance Superintendent and Underground Service Alert (1 -800 -422 -4133) 48 hours before commencing any excavation. to locate underground service lines. XIX. Pesticides The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Tree Maintenance Superintendent with all of the following: 1. A copy of Contractors Orange County Agricultural Commissioners, "Restricted Materials Permit /Operator I.D. numbers ". 2. A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. 3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24 hours of application. 4. if a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials ", 24 hours before application. 5. A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use. 6. The contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. 7. Pest Control Operator will be assigned to contract to apply restricted materials. EXHIBIT B MEDIAN LOCATIONS Acres Area G St. X Balboa Blvd. 0.054 Balboa Blvd. - Medina Way to 21st St. 0.034 Balboa Blvd. - Medina Way to 21st St. 0.223 McFadden Interchange Medians 0.293 Villa Way X 29th St. 0.034 M St. Median 0.093 Via Lido - Newport Blvd. to Via Operto 0.063 Newport Blvd. X Via Lido 0.16 Clubhouse X Finley 0.038 Balboa Blvd. - Coast Hwy to 32nd St. 0.385 Superior Ave. north of Coast Hwy 0.409 Newport Blvd. - Coast Hwy to Industrial Way 1.013 Coast Hwy - Santa Ana River to Newport Blvd. 1.877 Coast Hwy - E. of Riverside Avenue 0.093 St. James Road X Kings Place 0.033 Margaret Dr. between Tustin & Irvine 0.007 Westcliff Dr. - Irvine Ave to Dover 0.284 Triangular median - Westcliff X Dover 0.138 Dover Dr. - Westcliff to Coast Hwy 0.822 Irvine Ave. at Westcliff 0.034 Irvine Ave. - Westcliff to Dover 0.5 Irvine Ave. - Dover to Holiday Road 0.524 Irvine Ave. - Santiago to University 1.409 Jamboree Road - Bristol to Coast Hwy 5.143 University Dr - Jamboree to MacArthur 0.284 Vista Del Sol 0.437 Ford Road - Jamboree to San Miguel 1.221 San Miguel - Ford Road to Avocado 2.576 San Joaquin - Spyglass to Backbay Rd. 4.806 Coast Hwy - Larkspur to Newport Coast Dr. 1.185 Coast Hwy - Iris to Goldenrod 0.156 MacArthur at Coast Hwy 0.037 Coast Hwy - Dover to Goldenrod 2.914 El Paseo Dr 0.101 Avocado - Waterfront to Coast Hwy 0.516 Park Avenue 0.691 Corinthian Way, West of MacArthur Blvd Newport Place Dr., West of MacArthur Blvd MacArthur Blvd, North of Jamboree Jamboree Rd, Bristol St to Campus Dr Balboa Blvd at A Street Total Acreage 28.587 * Acreage not available ROADSIDE LOCATIONS Acres Area O Cannery Village Parking Lot 0.387 28th & 30th St. Parking Lots 0.83 McFadden Parking Lot 0.882 19th St. Street end - bayside 0.025 Marina Park Parking Lot 0.276 13th St. Street end - bayside 0.059 12th St. Street end - bayside 0.059 11 st St. Street end - bayside 0.059 "F St. Street end - bayside 0.041 Palm Street Parking Lot 0.338 Miramar Dr. and Balboa Blvd. 0.107 "I" St. Street end - bayside 0.056 "L" St. Street end - oceanside 0.063 "M" St. St. Street end - oceanside 0.049 Via Oporto X Central Parking Lot 0.403 Short St. X Newport Blvd. Roadside 0.264 OCTA Bus Stop - Balboa Blvd. X 46th 0.045 OCTA Bus Stop - Balboa Blvd. X River 0.057 Newport Island entrance planters 0.023 37th - 41 st St. Street ends off Seashore 0.011 Prospect Street ends off Seashore 0.004 Orange Street ends off Seashore 0.002 Summit St. planter 0.032 Cappy's trail /bench area 0.172 W. Coast Hwy Roadsides 2.847 Superior X Coast Hwy Parking Lot 1.836 N.W. Quadrant - Newport Blvd. X Coast Hwy 1.174 S.W. Quadrant - Newport Blvd. X Coast Hwy 0.379 S.W. Quadrant - Newport Blvd. X Coast Hwy 0.918 S.E. Quadrant - Newport Blvd. X Coast Hwy 0.813 Newport Blvd. Roadsides 10.523 Mariners Mile Parking Lot 1.269 Rocky Point/Pelican Wall 0.090 Dover X Westcliff 0.820 COAST HWY Bayshore Soundwall 0.328 OCTA Bus Stop - Bayshore Dr. X Coast Hwy 0.264 Dover Dr. Arterials - Westcliff to Mariners 1.308 Dover Dr. Arterials -(N) Irvine Ave. to Mariners 0.101 Dover Dr. Arterials -(S) Irvine Ave. to Mariners 0.418 Westcliff Dr. Arterial (Groves) 0.674 Westcliff Dr. X Santiago 0.072 Groves Bike Trail 1.602 Irvine Ave. Arterial N of Private Road 0.286 Tustin Avenue Streetend 0.047 Anniversary Lane Roadside 0.149 Jamboree Arterial - Bison to Eastbluff Dr. (S) 0.498 Jamboree Big Canyon Roadside 0.431 Port Dunbar Drive Roadside 1.267 Spyglass Hill Road Roadsides 3.294 San Joaquin Hills Road Roadsides 4.590 Coast Hwy - Seaward to Cameo Highlands 0.496 Larkspur Street End 0.050 Jasmine Street End 0.098 Fernleaf Ramp 0.230 Bayside Drive - Jamboree to Marguerite 1.367 Coast Hwy - Jamboree to Avocado 2.644 Coast Hwy - Bayside Drive to Jamboree 0.597 Jamboree - Coast Hwy to Bayside 0.323 Promentory Bay Plaza 0.118 Promentory Point & Channel Walk 0.471 Balboa Island Entrance 0.057 Balboa Island - Grand Canal Bridge 0.012 Palm Street and Balboa Blvd. Parking Lot Balboa Village Gateway Roadside at Newport Blvd and Via Lido Gateway Roadside at Newport Blvd and Short St Entrance to Collins Island /Park Avenue Big Canyon Reservoir along San Miguel Drive Total Acreage 46.705 * Acreage not available EXHIBIT C FREQUENCY FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Once /Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Three times /year Vertical Mow Once /year Aerate Twice /year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Twice /year Pest and Weed control As needed Visual Inspection Weekly Shrub, Vine, and Tree Maintenance Trim Six times /year Fertilize Twice /year (once /year for trees) Restake /Check Each site visit /every two weeks min. Visual Inspection Weekly Hardscape Maintenance Six days /week Grounds Policing/Litter Removal Seven days / week Site Inspection Seven days/ week EXHIBIT D SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS Drainage Facilities 1. All drainage structures shall be checked and cleaned monthly or as needed to insure consistent unrestricted water flow. ?. Any damage to structures shall be noted immediately to the Parks and Trees Maintenance Superintendent. 3. Failure to properly maintain drainage systems or to notify the Parks and Trees Maintenance Superintendent of damaged systems will result in the contractor assuming full responsibility for the repair of drainage damage to the facility. Irrigation System Maintenance 1. 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, moisture sensors, manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter assembly except as he /she may cause damage to these items. a. 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. b. 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. c. Contractor must turn off irrigation systems during rain. d. All replacements to be made with original type material or as directed. e. Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. f. Material substitutions must be approved by the Parks and Trees Maintenance Superintendent. g. Necessary irrigation repairs shall be made prior to the next scheduled irrigation cycle. All repairs shall be made in accordance with City of Newport Beach standard irrigation specifications. h. Irrigation programming charts will be included in each monthly report. i. Areas that require irrigation will have such accomplished no earlier than 11:00 PM or later than 6:00 AM. j. Contractor will maintain moisture sensors at all sites at which such a unit is installed. 2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the system. 3. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper liming, and other operational conditions. Such inspection shall be made weekly June through September and bi- weekly October through May. However, the contractor shall be responsible for the proper operation of the system at all limes and shall provide for obvious repairs as they occur or are needed. Turf Maintenance L All turf is to be mowed once per week in the growing season, or as needed to maintain the height specified below: a. Frequency or mowing shall be scheduled so that no more than one -third (1/3) the height of the grass plant is removed. b. Borders shall be edged at each mowing. c. Clippings shall be collected and removed unless otherwise directed by the City. d. Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The culling of holes around sprinklers shall not be permitted. e. Chemically kill turf around trees, as needed, a maximum of six inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A 2" layer of bark mulch shall be maintained in this area. f. Mechanically trim around vaults, posts, and other similar features on a weekly basis. g. Mowing equipment shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. h. Pick up all litter prior to mowing. 2. Mow turf to the following heights: a. Warm season turf grass —'/4 to 1 '/4 inches. Bermuda grass -'/1 to' /4 . b. Cool season turf grass including bluegrass, perennial rye, fescues — 1 '/z to 2 Ys inches. c. Kikuya and 5t. Augustine turf grass — 1 '/4 to I '/4 inches. 3. Vertical mowing of wane season grasses shall be done once per year in October, permitting sufficient time for turf regeneration. a. Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. b. Cool season grasses shall be renovated to remove thatch annually as directed. 4. All turf shall be fertilized three 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. February: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. b. June: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. c. October: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. d. Material shall be applied using a rotary type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscapc areas shall be properly cleaned and removed. e. The Contractor shall perform a soil fertility analysis at individual sites as directed by the City in the month of December and review the analysis with the City representative in the month of January. f. All materials must be approved by the Parks and Trees Maintenance Superintendent. Quantities used must be submitted to the Parks and Trees Maintenance Superintendent on a "Monthly Fertilizer Use Report". 5. 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. 6. Aerate all turf areas as often as required (minimum of twice per year; between April l and May 15 and between September l and November 1). a. Aerate all turf with a mechanical aerator set with '/" core spoons at not more than 6" spacing and a minimum depth of 4 ". b. Remove and dispose all cores. c. Contractor is responsible for locating and marking all sprinkler components. 7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. a. Irrigation must be scheduled to avoid either under - watering or over - watering. b. Manually water where necessary. c. Check operation of irrigation weekly June through September and biweekly October through May, or more often when conditions warrant, to insure proper operation of irrigation system. 8. Control all rodent pests as necessary to provide a healthy and safe environment for plants and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs, correct as necessary. 10. Scheduling of mowing and turf care maintenance times will be approved by the City. Attention to public use will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. Ground Cover Maintenance 1. All ground cover areas shall be maintained in a trimmed, weed free condition. a. Weeds shall be removed as they appear. A pre- emergent herbicide may be used where appropriate in shrub and ground cover beds. b. Morning glory and grass infestations shall be treated immediately when observed. c. Groundcover areas shall be fertilized twice per year, once in April and once in September with the approved 12 -4 -6 slow - release turf fertilizer, at a rate of 2 pounds actual fertilizer per 1,000 square feet. d. 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. e. Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. f. Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. h. Bark mulch should be replaced as needed. 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 plant's natural character. a. Quarterly trim all shrubs to maintain the size and shape specified by the Parks and Trees Maintenance Superintendent. b. Pruning shall be accomplished to maintain a "natural" appearance; decorative, poodle cuts or other unnatural pruning will not be permitted. c. Control all pests as required, including snails and insects. d. Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. e. 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. f. Irrigate as required to maintain adequate growth and appearance. Manually water where necessary. g. Careful attention not to prime or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants such as raphiolepsis, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, morea, and other similar plants shall be removed immediately after blooming or as directed by City. Ii. All bare shrub bed areas shall be raked weekly to remove all litter and other debris. i. 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. j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. k. Bark mulch should be replaced as necessary. 1. All plant material will be trimmed to protect property owners ocean views, bay views, vistas, etc. as needed or as directed by City staff. 2. Contract responsibility covers trimming all trees up to eight (8) feet. 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. c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. d. Contractor to 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 and Trees Superintendent if any of the above conditions exists. f Except for emergency removal. no tree /shrub shall be removed without prior direction or approval of the City. Trees /shrubs badly damaged and in need of replacement shall be brought to the attention of the Parks and 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 2° of bark mulch unless ground cover is present. Weeds shall be removed, including their roots. before they reach 3" in height. i. All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. 3. 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. 4. 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. Hardscape Maintenance 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. 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 and Tree Maintenance 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. General Grounds Policing L The Contractor shall provide general grounds policing and inspection six days per week. a. Remove all litter and other debris from site six days per week. b. 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 or week. c. Provide safety and facility inspection and immediately report any deficiencies to the Parks and Tree Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: L Light standards and fixtures 2. Walls, fences, gates 3. Signage 4. Graffiti Hardscape Areas L General: (Applies to all hardscape maintenance areas) a. All hard surface areas shall be inspected five days per week 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. e. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. f. All broken glass and sharp objects shall be removed immediately. g. All areas shall be inspected six days per week and maintained in a neat, clean and safe condition at all times. h. All areas shall be raked to remove leaves and debris six days per week. i. 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. All leaves, paper and debris shall be removed from hardscape areas and disposed of off site. Drinking Fountains: L Inspect, clean, adjust six days per week. 3. Report any deficiencies to the City immediately in writing. EXHIBIT E REQUIRED REPORTS 1. Annual Maintenance Schedule 2. Weekly Maintenance Schedule 3. Weekly Performance Report 4. Monthly Chemical Use Report 5. Monthly Fertilizer Use Report 6. Possible Pesticide List with EPA numbers 7. Monthly Phone Log with action taken 8. Weekly irrigation inspection check list (to include controller and sire inspection for all sites and a list of any repairs required) 9. Monthly irrigation controller programming charts 10. Extra work approval list 11. Weekly maintenance inspection list for all sites 12. Manual irrigation schedule 13. Annual pesticide safety training records 14. Required tailgate safety meeting records 15. Monthly maintenance report 16. Monthly greenwaste recycling report EXHIBIT F BID UNIT COSTS Roadsides Unit Cost/Year Area Unit Cost Cannery Village Parking Lot 28th & 30th St. Parking Lots McFadden Parking Lot 19th St. Streetend - bayside Marina Trailer Parking Lot 13th St. Streetend - bayside 12th St. Streetend - bayside 11 st St. Streetend - bayside "F" St. Streetend - bayside Palm Street Parking Lot Miramar Dr. and Balboa Blvd. " I' St. Streetend - bayside " L" St. Streetend - oceanside "M" St. St. Streetend - oceanside Via Oporto X Central Parking Lot Short St. X Newport Blvd. Roadside OCTA Bus Stop - Balboa Blvd. X 46th OCTA Bus Stop - Balboa Blvd. X River Newport Island entrance planters 37th - 41st St. Street ends off Seashore Prospect Street ends off Seashore Orange Street ends off Seashore Summit St. planter Cappys trail /bench area W. Coast Hwy Roadsides Superior X Coast Hwy Parking Lot N.W. Quadrant - Newport Blvd. X Coast Hwy S.W. Quadrant - Newport Blvd. X Coast Hwy S.W. Quadrant - Newport Blvd. X Coast Hwy S.E. Quadrant - Newport Blvd. X Coast Hwy Newport Blvd. Roadsides Mariners Mile Parking Lot Rocky Point/Pelican Wall Dover X Westcliff Coast Hwy Bayshore Soundwall O.C.T. Bus Stop - Bayshore Dr. X Coast Hwy Dover Dr. Arterials - Westcliff to Mariners Dover Dr. Arterials - (N)Irvine Ave. to Mariners Dover Dr. Arterials - (S) Irvine Ave. to Mariners Westcliff Dr. Arterial (Groves) Westcliff Dr. X Santiago Groves Bike Trail Irvine Ave. Arterial N of Private Road Tustin Avenue Street end Anniversary Lane Roadside Jamboree Arterial - Bison to Eastbluff Dr. (S) Jamboree Big Canyon Roadside Port Dunbar Drive Roadside Spyglass Hill Road Roadsides San Joaquin Hills Road Roadsides Coast Hwy - Seaward to Cameo Highlands Larkspur Street End Jasmine Street End Fernleaf Ramp Bayside Drive - Jamboree to Marguerite Coast Hwy - Jamboree to Avocado Coast Hwy - Bayside Drive to Jamboree Jamboree - Coast Hwy to Bayside Promentory Bay Plaza Promentory Point & Channel Walk Entrance to Balboa Island Balboa Island - Grand Canal Bridge Palm Street and Balboa Blvd. Parking Lot Balboa Village Gateway Roadside at Newport Blvd and Via Lido Gateway Roadside at Newport Blvd and Short St Entrance to Collins Island /Park Avenue Big Canyon Reservoir along San Miguel Drive Total Median Unit Cost/Year Area Unit Cost G St.X Balboa Blvd. Balboa Blvd. - Medina Way to 21 st St. McFadden Interchange Medians Villa Way X 29th St. M St. Median Via Lido - Newport Blvd. to Via Operto Newport Blvd. X Via Lido Clubhouse X Finley Balboa Blvd. - Coast Hwy to 32nd St. Superior Ave. north of Coast Hwy Newport Blvd. - Coast Hwy to Industrial Way Coast Hwy - Santa Ana River to Newport Blvd. Coast Hwy - E. of Riverside Avenue St. James Road X Kings Place Margaret Dr. between Tustin & Irvine Westcliff Dr. - Irvine Ave to Dover Triangular median - Westcliff X Dover Dover Dr. - Westcliff to Coast Hwy Irvine Avenue at Westcliff Irvine Ave. Westcliff to Dover Irvine Ave. - Dover to Holiday Road Irvine Avenue - Santiago to University Jamboree Avenue - Bristol to Coast Hwy University Dr - Jamboree to MacArthur Vista Del Sol Ford Road - Jamboree to San Miguel San Miguel - Ford Road to Avocado San Joaquin - Spyglass to Backbay Rd. Coast Hwy - Larkspur to Newport Coast Dr. Coast Hwy - Iris to Goldenrod MacArthur at Coast Hwy Coast Hwy - Dover to Goldenrod El Paseo Dr Avocado - Waterfront to Coast Hwy Park Avenue Corinthian Way, West of MacArthur Blvd Newport Place Dr., West of MacArthur Blvd MacArthur Blvd, North of Jamboree Jamboree Rd, Bristol St to Campus Dr Balboa Blvd at A Street Total