HomeMy WebLinkAbout10 - Landscape Maint AgrmtCITY OF
SEW PORT ,
ms
NEW PO R T BEACH
C'9GI£ORNP City Council Staff Report
Agenda Item No. 10
October 23, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Municipal Operations Department Director
949 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: Rachell Wilfert, Management Assistant
APPROVED: A ��
TITLE: Approval of Landscape Maintenance Agreement for Citywide
Medians and Roadsides
ABSTRACT:
The City currently engages two contractors to provide landscape maintenance for City
and Newport Coast medians and roadsides, as well as, Newport Coast view parks, and
various City facilities. Both contracts expire at the end of November. The new
agreement combines the services from both contracts, which results in a savings to the
City of over $100,000 per year.
RECOMMENDATION:
1. Approve a five year agreement with Park West Landscape Management for
landscape maintenance of Citywide Medians and Roadsides; and
2. Direct that this Project be exempt from the payment of prevailing wages because
this Project is financed with local funds and involves a matter of local concern.
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the Contract Services for Medians and Newport Coast accounts in the
Municipal Operations Department, 3170 -80881 and 3170- 80882.
DISCUSSION:
Background:
Currently, there are two existing agreement for landscape maintenance for the City of
Newport Beach. Merchants Landscape Services provides landscape maintenance of
City medians and roadsides, excluding Newport Coast; and Park West Landscape
Approval of Landscape Maintenance Agreement for Citywide Medians and Roadsides
October 23, 2012
Page 2
provides landscape maintenance for Newport Coast, including the view parks, Newport
Coast Community Center, and Fire Station #8. In 2011, the agreement with Merchants
was amended to include the maintenance of the OASIS senior center and the utilities
sites, including Big Canyon Reservoir and the oil fields. Both maintenance contracts
expire at the end of November. In an effort to consolidate services and reduce costs,
staff decided to combine the services into one agreement.
Discussion:
On August 6, 2012, a Request for Proposal (RFP) solicitation was issued by Purchasing
for public distribution. It was also emailed directly to seventeen (17) landscape firms in
the area. Thirteen (13) firms attended a mandatory pre - proposal meeting, and from
those firms the Department received ten (10) proposals. After reviewing costs and
previous performance, staff considered Park West to be the most responsive proposal.
Firm
Annual Base Maintenance Cost
Existing Agreements (combined)
$
1,064,416.88
Park West Landscape Maintenance Inc.
$
981,630.00
Marina Landscape Inc.
$
1,066,819.00
Merchants Landscape Services Inc.
$
1,127,315.76
Valley Crest Landscape Maintenance
$
1,148,048.19
Pinnacle Landscape Company
$
1,181,276.59
Mariposa Landscape Inc.
$
1,289,988.00
Parkwood Landscape Maintenance, Inc
$
1,386,927.00
Aztec Landscaping
$
1,438,581.48
TruGreen Landcare
$
1,500,576.00
Midori Gardens Landscape Service
$
1,524,551.13
The contract will be for five years, with an annual maintenance cost of $981,630.00. An
additional amount of $158,300 will be added for a total "not to exceed" amount of
$1,140,000 a year. The additional funds are to cover costs associated with
miscellaneous irrigation repairs, including broken sprinklers or valves, or additional
maintenance or damage not covered in the base monthly rate, such as damage from
traffic accidents. The annual maintenance cost will be subject to a CPI increase with
maximum of 3 %. The total compensation, including the additional cost for irrigation
repairs, represents an annual cost savings to the City of $109,260.00 a year when
compared to the two existing contracts. Park West will begin service on November 28,
2012.
2
Approval of Landscape Maintenance Agreement for Citywide Medians and Roadsides
October 23, 2012
Page 3
Agreement Total Not To Exceed Annual Cost Savings to the City
Park West (existing)
Merchants (existing)
$455,000.00
$794,260.00
Total for Existing Agreements $1,249,260.00
Park West (New) $1,140,000.00 $109,260.00
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).
by:
Mark Harmon �
Municipal Operations Director
Attachments: A. Agreement with Park West Landscape Maintenance of Medians and
Roadsides
3
Attachment A:
Agreement with Park West Landscape Maintenance of Medians and Roadsides
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
WITH PARK WEST LANDSCAPE MAINTENANCE, INC.
FOR CITYWIDE LANDSCAPE MAINTENANCE
THIS LANDSCAPE MAINTENANCE SERVICES AGREEMENT ( "Agreement") is made
and entered into as of this 1st' day of December, 2012 ( "Effective Date ") by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and
PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation ( "Contractor"),
whose principal place of business is 22421 Gilberto, Suite E, Rancho Santa Margarita, CA
92688, and is made with reference to the following:
RECITALS
A. City is a municipal corporation I 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 regularly scheduled landscape maintenance
services for Citywide landscal e maintenance of medians, roadsides and other sites ( "Project").
C. Pursuant to the authority conferred to City as a charter city under California Constitution,
Article XI, Section 5, City hereby exempts Project from the payment of prevailing wages
because the funds used to finance Project are local funds and Project is a matter of local
concern
D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated
the specifications set forth by the City for the Project, and 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, it Is mutually agreed by and between the parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on
November 30, 2014 ( "Original term"). The Original Tenn shall be for two (2) years with the City's
option to automatically renew the Agreement for three (3) additional one (1) year terms
( "Renewal Term ") unless terminated earlier as set forth herein. In any event, the term of this
Agreement, Including the Original Term and any Renewal Terms shall not extend beyond
November 30, 2017 without a written amendment to this Agreement.
2. SCOPE OF WORK
2.1 City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Contractor shall perform all
the work described In the Scope of Work attached hereto as Exhibit A and Incorporated
herein by this reference ("Services" or "Work"). As a material inducement to the City in
agreeing to and entering into this Agreement, Contractor represents and warrants that
Contractor Is a provider of first class work and 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. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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 to !the other party within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed.
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
3.3 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
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
Rates attached hereto as Exhibit B and incorporated herein by reference. No rate
changes shall be made during the term of this Agreement, including the Original Term
and any Renewal Terms, without the prior written approval of the City, except for the
annual adjustment to the rates in proportion to changes in the Consumer Price Index as
more particularly described Section 4.2 below. Contractor's total compensation for
Services performed in accordance with this Agreement, including all reimbursable
Items, shall not exceed One Million One Hundred Forty Thousand Dollars and
001100 ($1,140,000.00) per 12 -month period from December 1't to November 30th,
commencing with the Effective' Date, without written amendment to the Agreement.
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 2
4.2 Contractor shall ',submit monthly Invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
and/or classification of employee who performed the Work, a brief description of the
Services performed and /or the specific task from the Scope of Work attached hereto 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) days after approval of the monthly
Invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the actual costs and /or other costs and /or payments specifically authorized in advance
In writing and Incurred by Contractor in the performance of this Agreement.
4.4 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be' paid in accordance with the Schedule of Rates set forth
In Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall
phases of the Project. This P
times during the Agreement t
Project Manager. Contractor
key personnel listed in Exhib
Project without the prior w
unreasonably withheld with re
lesignate a Project Manager, who shall coordinate all
Ject Manager shall be available to City at all reasonable
m. Contractor has designated Brian Chinnery to be its
call not remove or reassign the Project Manager or any
A or assign any new or replacement personnel to the
ten consent of City. City's approval shall not be
sect 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 this It will continuously furnish the necessary personnel to complete
the Project on a timely basis as, contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be' administered by the Municipal Operations Department.
Dan Sereno, Parks and Trees Superintendent or his/her designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his/her; designee shall represent City In all matters pertaining to
the Services to be rendered pursuant to this Agreement.
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 3
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 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.
7.2 All of the Service shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this, Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
7.3 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.
7.4 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, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8. RESPONSIBILITY FOR DAMAGES OR [NJ URY
8.1 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 Contractor's performance of the Services required hereunder, or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
Injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursement's and court costs) of every kind and nature whatsoever
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PARK WEST LANDSCAPE MAINTENANCE, INC. Page 4
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
8.4 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 attorney's 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 the
Contractor. i
8.5 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.
8.6 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.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents 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. 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 the 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 ofjthis 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.
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 5
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the 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.
12. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities perforred and planned, and any meetings that have been
scheduled or are desired.
13. 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.
14. BONDING
14.1 Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement: a Faithful Performance Bond in the amount of one hundred
percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement
In the form attached hereto as Exhibit D which is incorporated herein by this reference.
14.2 The Faithful Performance Bond shall be issued by an insurance
organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, (2) listed as an acceptable
surety in the latest revision of the Federal Register Circular 570, and (3) assigned a
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide. Property - Casualty.
14.3 The Contractor shall deliver, concurrently with execution of this Agreement,
the Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the
Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer
or Surety to transact surety insurance in the State of California.
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 6 10
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.
16. SUBCONTRACTING
The subcontractors au
Identified in Exhibit A. Cor
omissions of any subconh
contractual relationship betv
obligation on the part of City
such subcontractor other the
beneficiary of any Work pert
duty of care between the sul
herein, the Services to be
assigned, transferred, contra
of City.
razed by City, if any, to perform Work on this Project are
ictor shall be fully responsible to City for all acts and
tors. Nothing in this Agreement shall create any
rn City and any subcontractor nor shall it create any
pay or to see to the payment of any monies due to any
as otherwise required by law. The City Is an intended
ned by the subcontractor for purposes of establishing a
mtractor and the City. Except as specifically authorized
ovided under this Agreement shall not be otherwise
d or subcontracted out without the prior written approval
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Contractor, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
18. CONFIDENTIALITY
All Documents, including drafts, 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,
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 7 11
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 I 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.
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 The Contractor or its employees may be subject to the provisions of the
California Political Reform Actlof 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 terns of this Agreement shall be given in writing,
to City by Contractor 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. All notices,
demands, requests or approvals from Contractor to City shall be addressed to City at:
Attn: Dan Sereno, Parks and Trees Superintendent
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PARK WEST LANDSCAPE MAINTENANCE, INC. Page 8
Municipal Operations Deparment
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949- 6443069
Fax/email: 949- 650-0747
23.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at
Attn: Brian Chinnery
Park West Landscape Maintenance, Inc.
22421 Gilberto, Suite E
Rancho Santa Margarita, CA 92688
Phone: 949- 546 -8942
Fax/email: 949-,546-8941
24. NOTICE OF CLAIMS
Unless a shorter time is ;'specified elsewhere in this Agreement, before making its
final request for payment under the 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. The Contractor and the City expressly agree that In addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 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 falls 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, 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 thirty (30) calendar days prior written notice to Contractor. In the
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 9
13
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 materials purchased and Documents created in
performance of this Agreement!
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 CFLSA °) (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.
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, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's 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 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.
27.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
27.3 Intearated 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 Contract or implied covenant shall be held to vary the provisions
herein.
27.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
I
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 10 14
27.5 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.
27.6 Effect of Contractor's Execution. Execution of this Agreement by
Contractor is a representation that Contractor has visited the Project Site, has become
familiar with the local conditions under which the Work is to be performed, and has
taken into consideration these factors in submitting its Project proposal and Scope of
Work.
27.7 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.8 Enual OnportunittIv 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.
27.9 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaninglof 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.
27.10 Severabilitv. 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.
27.11 No Attomev s Fees. In the event of any dispute or legal action arising
under this Agreement, the prebailing party shall not be entitled to attorney's fees.
27.12 Counteroarts. This Agreement may be executed in two 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
15
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR EY$S OFFICE
Date: 0/9//'�L
0
Aar6tr . Harp �l7 rq
City Attorney (� 1
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Nancy Gardner
Mayor
CONTRACTOR: Park West Landscape
Maintenance, Inc., a California
corporation
Date:
By:
Dustin Kemmerer
Executive Vice President
By:
Brian Chinnery
Division President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Rates
Exhibit C — Insurance Requirements
Exhibit D — Faithful Performance Bond
PARK WEST LANDSCAPE MAINTENANCE, INC. Page 12 16
EXHIBIT A
SCOPE OF WORK
PARK WEST LANDSCAPE MAINTENANCE. INC.
Page A -1
ir1
ATTACHMENT A: SCOPE OF WORK
Section 4: Intent and Description of Project
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.
4.1 Description of Project
Furnish all labor, equipment, materials, and supervision to perform landscape
maintenance as described herein including, but not limited to, the following:
• Weeding, cultivating and brush control both mechanically and with chemicals.
• Fertilizing.
• Shrub and groundcover trimming, pruning, training.
• Minor tree pruning and staking.
• Irrigation programming, monitoring, maintenance, and repair.
• General rodent, pest and disease control on landscape planting and turf.
• Mowing, verticutting, and aerifying.
• General litter control, refuse removal, and grounds policing.
• Plant replacement.
• Hardscape cleaning.
• Access roadway clearance and visibility maintenance.
• General drainage structure and system maintenance.
• Drinking fountain maintenance.
• Reporting for vandalism, graffiti, or any safety concerns.
• Pruning trees under 12 feet in height.
It shall NOT be the contractor's responsibility to maintain or repair:
• Area lighting systems
RFP Landscape Maintenance Page A -1
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• Fencing
• Gates
• Any building located at the specified site
• Graffiti
• Vandalism
• Signage
• Damage resulting from vehicular accidents
• Water, sewer, and electrical lines or systems, except to the extent required in the
technical specifications of the Bid ',Schedules.
• Trees over 12 feet in height.
4.2 Working Hours
Normal working hours shall be within a ten -hour day between the hours of 7:00 a.m. and
5:00 p.m., 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. or after 5:00 p.m.
43 Pricing Approach
The City of Newport Beach intends to award a contract based on a fixed annual
contract price for the two -year term of this contract, renewable annually based on performance at
the City's sole discretion. The primary purpose of the Unit Prices (Attachment B, Section 1)
proposal is to provide for additional contracted work during the course of the contract and to
establish clear payment deductions for contract duties not rendered or not satisfactorily
performed.
Upon the second anniversary of the Commencement Date of the Contract and upon
each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted
in proportion to the changes in the Consumer Price Index, subject to the 2.5% maximum
adjustment increase set forth below. Such adjustment shall be made by multiplying the original
Contract Amount 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 one (1) year prior. For example, if the adjustment is to occur effective
June 1, 2012, the index to be used for the numerator is the index for the month of March 2012,
and the index to be used for the denominator is March 2011. The "Consumer Price Index" to be
used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the
Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics (1982 84 = 100). 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 including
RFP Landscape Maintenance Page A -2
19
in such new index. In no event, however, shall the amount payable under this Agreement be
reduced below the Contract Amount in effect immediately preceding such adjustment. No
adjustment shall be made on the first anniversary of the Commencement Date. The maximum
increase to the Contract Amount, for any year where an adjustment is made in proportion to
changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect
immediately preceding such adjustment.
4.4 Level of Maintenance
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.
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,
week or month. 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.
4.5 Quality of Work and Material
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
accord with the best standard practices. Both materials and workmanship shall be subject to the
approval of the Parks and Trees Maintenance Superintendent. All materials used shall be
approved in advance by the Parks and Trees Maintenance Superintendent.
4.5.1 . "City shall reimburse Contractor for the actual cost, plus 15 %, of all irrigation
materials installed by Contractor in the performance of contract services, in accordance with the
details specified in 4.28 Irrigation System Maintenance."
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.
At no time shall the cost of materials exceed retail cost from the current price list, minus
the discount rates.
• Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior
to approval.
RFP Landscape Maintenance Page A -3
20
4.5.2 The City reserves the right to purchase materials directly and make them available
to the Contractor. In the event the City exercises the option to purchase the materials, the
following conditions will apply:
• Contractor shall conform to all City practices and procedures.
• All City purchases will be for the sole expressed use of and for the City.
• The Contractor shall secure, store, inventory, distribute and control all materials entrusted
to the Contractor's representatives. All materials and inventories shall be made available
to the City upon request.
• The Contractor will reduce the unit cost for each maintenance task by the City's actual
cost for the materials provided and used.
4.6 Supervision of Contract
All work shall meet with the approval of the City of Newport Beach's Municipal
Operations Department. There shall be a daily 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 each 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 the condition is corrected in a satisfactory manner as set forth
in the specifications.
4.7 Workmanship and Supervision
The work force shall include a thoroughly skilled, experienced, and competent supervisor
who shall be responsible for adherence to the specifications. All supervisory personnel must be
able to communicate effectively in !English (both orally and in writing) and be computer literate.
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. At a
minimum, Contractor shall provide, in addition to one (1) fiill -time supervisor, twenty-five (25)
full time positions as depicted in the chart available in Attachment A, Section 5.
All hours shall be made up if there are absences to the contractor's workforce. The
contractor shall provide replacements the same day where advanced notice is provided.
Work shall be performed by competent and experienced workers. All irrigation
maintenance and repairs shall be monitored by a California Landscape Contractors Association,
Certified Landscape Technician-I (Irrigation).
The work force shall include a thoroughly skilled, experienced, and competent supervisor
who shall be responsible for adherence to the specifications. Supervisors and lead workers
must communicate effectively, both in written and oral English, and shall be present at all
times during contract operations. Any order given to these supervisors or lead workers shall
be deemed as delivered to the Contractor.
RFP Landscape Maintenance Page A-4
21
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. The Contractor shall be responsible for compliance with all local, state,
and federal laws and regulations regarding pesticide usage.
All personnel working at the outlined areas shall be neat in appearance and in uniforms as
approved by the Parks and Trees Maintenance Superintendent. All personnel shall wear
identification badges or patches. Those employees working in or adjacent to traffic lanes shall
wear safety vests.
Persons employed by the Contractor who are found not to be satisfactory by the City
shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City.
4.8 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.
4.9 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;
4.10 Equipment
All vehicles and equipment used in conjunction with the work shall be maintained in a
neat, clean, and orderly manner and shall be in good working order. The Municipal Operations
Director, or his authorized agent, may reject any vehicle or piece of equipment and order it
removed from the job site.
4.11 Safety Requirement
All work performed under this contract shall be performed in such a manner as to provide
maximum safety to the public and where applicable, comply with all safety standards required by
CAL -OSHA. The Parks and Trees Maintenance Superintendent reserves the right to issue
restraint or cease and desist orders to the Contractor when unsafe or hannf it acts are observed or
reported relative to the performance of the work under this contract. All contractor vehicles shall
have a "W.A.T.C.H." work area traffic control manual at all times.
The Contractor shall maintain all work sites fire of hazards to persons and/or property
resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not
RFP Landscape Maintenance Page A -5
22
a result of his/her operations, shall be immediately reported to the Parks and Trees Maintenance
Superintendent.
4.12 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.
4.13 Disposal
At least 100% of all landscape debris will be disposed of through a landscape material
recycling canter 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.
4.14 Records
4.14.1 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.
4.14.2 The contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Parks and Trees 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.
4.14.3 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 Parks and Trees
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 Trees Maintenance
Superintendent for approval prior to the date the changes are to take effect.
I
4.14.4 The Contractor shall permit the City to inspect and audit its books and records
regarding City- provided services, including requests for certified payroll of employees assigned
to the City, only at any reasonable tune.
4.15 Emergency Services
The Contractor shall provide the City with names and telephone number; of at least two
qualified persons who can be called by City representatives when emergency maintenance
RFP Landscape Maintenance Page A -6
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conditions occur during hours when 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.
4.16 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: flail mowing, fertilization, turf
aerification, turf dethatching, seeding, preventive and curative application of fungicide, herbicide
or any required pesticide applications, water truck operations, mulch applications and plant
replacements. Positions used for specialty operations shall be in addition to those outlined in
Attachment A, Section 5 (A -19).
4.17 Landscape License
The Contractor shall hold ai 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.
4.18 Contractor's Office
Contractor is required to maintain an officeJyard within a thirty (30) minute 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 full responsibility for maintaining
an office and a yard.
4.19 Schedules
4.19.1 Annual Schedule
• The Contractor shall provide an annual maintenance schedule indicating the time
frames when items of work shall be accomplished per the performance requirements.
• The Contractor shall complete the schedule for each site in a manner which shall
correspond to the weekly schedules.
• The annual schedule shall be submitted for City approval within fifteen (15) calendar
days after effective date of the contract. • The Contractor shall submit revised schedules when actual performance differs
substantially from planned performance.
4.19.2 Weekly Schedule
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• 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.
• The Contractor shall complete the schedule for each item of work and each area of
work.
• 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.
• 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.
• 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, week, or month.
• 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.
4.19.3 Daily Schedule
• Daily schedule shall be emailed to the city inspector before 8:00a.m. each work day.
• It shall list site locations of crews and numbers assigned at each site.
• Changes to daily schedule can be made verbally or by email to the city inspector.
4.20 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 and daily schedules.
421 Performance During Inclement Weather
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.
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.
4.21.1 The Contractor shall immediately notify the Parks and Trees Maintenance
Superintendent, or Park Maintenance Supervisor, prior to removing the work force from the job
site for agreement on degree of inclement weather or other reasons.
RFP Landscape Maintenance Page A -8
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4.22 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 Trees Maintenance
Superintendent and Underground Service Alert (811) 48 hours before commencing any
excavation, to locate underground service lines.
423 Pesticides
The City must maintain all documents that pertain to the use of pesticides on its property.
Contractor must provide the Parks and Trees Maintenance Superintendent with all of the
following:
• A copy of Contractors Orange County Agricultural Commissioner's "Restricted
Materials Permit/Operator I.D. numbers ".
• A written "Pest Control Recommendation" for each site before Contractor uses any
pesticide. Recommendation shall include a label and Material Safety Data Sheet for the
pesticide proposed. Each recommendation shall be submitted individually in a binder (two
copies).
• A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24
hours of application. Total amounts of pesticides applied shall be submitted weekly.
• A weekly schedule shall be provided indicating locations to be treated. If a restricted
pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials ", 24
hours before application.
• An annual proposal 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.
• The contractor shall not use any pesticide that has not been authorized by the Parks
and Trees Maintenance Superintendent.
• A full time Pest Control Operator will be assigned to the contract to apply all
pesticides with a Qualified Applicators License.
• The pest control operator shall be provided a complete spray rig with a minimum 100
gallon tank. The cost of all pesticides will be borne by the contractor.
4.24 Technical Maintenance Specifications
4.24.1 General Landscape Maintenance Requirements
All maintenance functions shall be performed 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 sites.
RFP Landscape Maintenance Page A -9
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• All operations will be conducted so as to provide maximum safety for the public and
minimize disruption of the public rise of City sites.
• Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of
weeds, trash, and other debris.
• Contractor will keep sidewalks free of algae where constant runoff occurs.
• Leaves, paper, weeds, and any other debris will be removed from landscaped areas
and disposed of off -site.
• Contractor will clean sidewalks, roadways, and any other areas littered or soiled by
his maintenance operations.
• The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess materials, waste,
rubbish, debris, and his 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 by
the Contractor for his debris.
• Prune plant materials (adjacent to roadway intersections to provide adequate sight
distance for vehicles entering the intersection.
• Prune plant materials so that all traffic control signs are clearly visible to approaching
drivers.
• Contractor must notify the City immediately of any unusual and hazardous conditions
in the work site.
• Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of City sites.
• All insects, plant, turf diseases and other like pests shall be controlled by the
Contractor. Any control measures should be approved first by the Parks and Trees Maintenance
Superintendent with written recommendations from the Contractor's Pest Control Advisor. All
rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents
is necessary to protect the site.
• All animal feces or other materials detrimental to human health shall be removed
from the landscapes immediately.I
• All broken glass and sharp objects shall be removed immediately.
• All sand and wood chip areas abutting maintained areas shall be cleaned when dirtied
by Contractor's operations and at other times as required.
• Trash cans provided by the City shall be inspected daily and emptied as needed and
washed after emptying (when necessary) or as determined by the Inspector. Contractor shall
provide plastic liners for all trash cans at Contractor's expense.
I
RFP Landscape Maintenance Page A -10
27
• All concrete "V" drains, to include the portion under the sidewalk, shall be kept free
of vegetation, debris and algae to allow unrestricted water flow.
• All other drainage facilities shall be cleaned of all vegetation and debris. All grates
shall be tested for security and refastened as necessary. Missing or damaged grates shall be
reported to the City.
4.25 Specific Landscape Maintenance Requirements
Drainage Facilities
• All drainage structures i 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.
• 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 site.
4.26 Irrigation System Maintenance
• The Contractor shall maintain the complete sprinkler system in an operable condition
in those locations where operable systems exist. This includes but is not limited to controllers,
backflow devices, flow sensors, master valves, manual and remote control valves, wiring, pipes,
vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter
assembly except as helshe may cause damage to these items.
• Repair and adjust all sprinkler heads to maintain proper and uniform water
application. The Contractor will adhere to all State, County, and local regulations accordingly.
• Adjust water application (both manual watering and by adjusting the irrigation
controllers) to compensate for changes in weather. Contractor will be responsible for damages
occurring due to under- watering or over - watering.
• Contractor must turn I off irrigation systems during rain and turn systems back on
when appropriate.
• All replacements to be made with original type material or as directed.
• Material substitutions must be approved by the Parks and Trees Maintenance
Superintendent.
• 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 (Attachment A Section, 10).
• Irrigation replacement materials (old parts), such as, but not limited to: irrigation
RFP Landscape Maintenance Page A -11
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valves, UNIK controllers, stream rotors, Solenoids, Add -A -Zones & diaphragm repair kits shall
be provided to the City inspector for verification.
• Irrigation programming charts will be included in each monthly report.
• Areas that require irrigation will have such accomplished no earlier than 11:00 p.m.
or later than 6:00 am.
• Contractor will maintain flow sensors and master valves at all sites at which such a
unit is installed.
• Turf shall be regularly mechanically trimmed around sprinkler heads to insure the
proper operation of the system.
• Irrigation systems shall be thoroughly inspected by operating all control valves and
checking for proper coverage, leaks, valve actuation, proper timing, and other operational
conditions. Such inspection shall be made weekly. However, the contractor shall be responsible
for the proper operation of the system at all times and shall provide for obvious repairs as they
occur or are needed. A Weekly l Irrigation Tracking Worksheet shall be submitted to the City
inspector, specifying locations, controller numbers, date of inspection, and type of repairs made.
• City shall reimburse! Contractor for the actual cost, plus 15 %, of all irrigation
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 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 this Agreement.
• 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.
Repair/Replacement
• The Contractor shall adopt reasonable methods during the life 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 City's sole negligence or willful misconduct.
• Contractor shall advise the City Administrator of any damage to City equipment or
property immediately upon becoming aware of the damage.
• Contractor shall repair, at its sole cost and expense, any damage to City equipment or
property caused by Contractor or its agents, employees, representatives or officers.
• Contractor shall repair' damaged irrigation pipes, controllers and valves only after the
City Administrator has approved a written estimate of the cost of repair.
RFP Landscape Maintenance Page A -12
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.• 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 I materials and labor costs."
4.27 Water Conservation
Contractor shall appoint a ;staff member to act as the Water Manager. Contract personnel
performing water management duties shall have the following abilities and must meet the
following requirements.
4.27.1 Abilities
• Meet Irvine Ranch Water District Landscape Irrigation Guidelines and monthly water
allocations.
• Maintain a healthy landscape.
• Calculate evapotranspiration (ET) rates to GPM.
• Maintain all landscapes in a usable condition (no flooding due to over - irrigation).
• Troubleshoot and diagnose irrigation systems and take corrective action.
4.27.2 Requirements
• The Water Manager shall program all controllers weekly according to the Irvine
Ranch Water District allocation.
The Water Manager shall notify the Contractor or City Representative of all required
repairs.
• The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly water
allocations for each meter on all landscape applications. Maintain healthy plant material, and
avoid monthly IRWD penalties.
4.27.3 Damages for Water Management
• Should the contractor exceed the IRWD allocation, all penalty charges for water used
above the allocation will be deducted from the contractor's monthly billing.
• Deduction shall exclude all approved appeals, such as failures.
• The City's Representative shall meet monthly with the Contractor's Representative
and the Contractor's Water Manager to review over allocation water billing to determine which
water billing appeals are to be approved and which are to be waived.
• Over - allocations that I do not qualify for appeal or have not been waived will be
deducted from the Contractor's monthly payment.
RFP Landscape Maintenance Page A -13
30
418 Turf Maintenance
4.28.1 All turf is to be mowed once per week.
• Frequency or mowing lshall be scheduled so that no more than one -third (1/3) the
height of the grass plant is removed.
• Borders shall be edged lat each mowing.
• Clippings shall be collected and removed unless otherwise directed by the City.
• Mechanically trim around sprinklers as needed to provide proper and unobstructed
irrigation. The cutting of holes around sprinkler; shall not be permitted.
• Chemically kill turf around trees, as needed, a maximum of eighteen 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 a minimum of six inches from the trunk at
all times.
• Mechanically trim around vaults, posts, and other similar features on a weekly basis.
• Mowing equipment shall be approved by the City. Equipment must be sharp and
properly adjusted to avoid damage to the turf plant.
plant.
• Pick up all litter prior to mowing.
4.28.2 Mow turf to the following heights:
• Warm season turf grass — % to 1 '/a inches. Bermuda grass —'h to % inches.
• Cool season turf grass) including bluegrass, perennial rye, fescues —1 'h to 2'h inches.
• Kikuya and St. Augustine turf grass —1 Y to 1 % inches.
4.28.3 Vertical mowing of warn season grasses shall be done once per year in March.
• Depth of cut shall be sufficient to remove thatch without damaging crown of turf
• Cool season grasses shall be renovated to remove thatch annually as directed.
4.28.4 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:
• February: 22 -3 -9 or equivalent fertilizer at one pound actual nitrogen per 1,000
square feet.
• June: 21 -3 -5 or equivalent fertilizer at one pound actual nitrogen per 1,000 square
feet.
RFP Landscape Maintenance Page A -14
31
• October: 16-4 -6 or equivalent fertilizer at one pound actual nitrogen per 1,000 square
feet.
• Material shall be applied using a rotary type spreader, ensuring uniform overlap. All
excess fertilizer deposited on sidewalks, parking lots, gutters, and other handscape areas shall be
properly cleaned and removed.
• The Contractor shall perform a soil fertility at ten (10) 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.
• 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".
4.28.5 Appropriate fungicide, weed control, and insecticide materials shall be applied to
all turf areas throughout the year on a curative basis.
• Turf areas must be maintained in a weed -free basis.
• Chemical control of broadleaf weeds shall be initiated twice a year or as needed on all
turf.
• The pest control operator shall post areas to be treated per label requirements and be
present on the treated sites until the chemical has dried.
4.28.6 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 turf with a mechanical aerator set with %a inch core spoons at not more than
6 inch spacing and a minimum depth of 4 inches.
• Remove and dispose all cores.
• Contractor is responsible for locating and marking all sprinkler components.
• Contractor is responsible for damages as a result of aeration operation.
• Irrigate as necessary to maintain proper growth rate, optimum appearance, and the
health of the turf plant.
• Irrigation must be scheduled to avoid either under - watering or over - watering.
• Manually water where necessary, however it shall not impact the public.
• Check operation of irrigation weekly, or more often when conditions warrant,
ensuring proper operation of irrigation system.
4.28.7 Control all rodent pests as necessary to provide a healthy and safe environment
for plants and public.
RFP Landscape Maintenance Page A -15
32
• Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage,
and other needs, correct as necessary.
• 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.
4.29 Planter /Ground Cover Maintenance
• All ground cover areas 'shall be maintained in a trimmed, weed free condition.
• Weeds shall be removed as they appear. No hoeing or scuffing weeds allowed.
Chemically control or manually remove them by the roots.
• Pre - emergent herbicide will be used three times a year where appropriate in shrub and
ground cover beds, and as approved by the City. Pre - emergent quantities shall be provided on a
use report for the month.
• Morning glory and grass infestations shall be treated immediately when observed.
• Groundcover areas shall be fertilized twice per year, once in March and once in
October with JTM complete fertilizer at a rate of 10 -15 pounds per 1,000 square feet.
• 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.
• Irrigate as required to maintain adequate growth and reasonable appearance.
Manually water or water truck water where necessary.
• Control pests, including insects, fungus and rodents, as necessary to maintain a
healthy environment for plant growth.
• Bare ground cover areas shall be kept cultivated and raked of all debris.
• Bark mulch should be replaced in all planters to ensure a 2 -inch layer at all times, at
contractor's expense.
430 Shrub, Vine, and Tree Maintenance
Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper
shaping and pruning to promote the plant's natural character.
• Bi- monthly trim all shrubs to maintain the size and shape specified by the Parks and
Trees Maintenance Superintendent.
• Pruning shall be accomplished to maintain a `natural" appearance; decorative, poodle
cuts or other unnatural pruning will not be permitted. Bevel edges, no hard edges will be
permitted.
• Control all pests as required, including snails and insects.
RFP Landscape Maintenance Page A -16
33
• Remove all dead, diseased, or damaged branches back to a side branch. Do not leave
branch stubs.
• 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.
• Irrigate as required to maintain adequate growth and appearance. Manually water or
water truck water where necessary.
• Careful attention not to prune 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 s on agapanthus, day lilies, mores, and other similar plants shall
be removed immediately after blooming or as directed by City.
• All bare shrub bed areas shall be raked weekly to remove all litter and other debris.
• Growth of woody plants shall be encouraged except where it interferes with
circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures.
Dead branches of plants shall be removed regularly.
• Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide
for proper, unobstructed circulation.
• Bark mulch should be replaced as necessary.
• All plant material will be trimmed to protect property owners' ocean views, bay
views, vistas, etc., as needed or as directed by City staff. For Newport Coast areas, an Annual
Trimming maintenance schedule'shall be provided to the City that includes a rotation of at least
two trimming cycles per year.
• Weeds shall be removed as they appear. A pre - emergent herbicide will be used three
times a year where appropriate around shrubs, vines and trees, and as approved by the City per
ground cover maintenance( Attachment A, Section 7).
• Contract responsibility covers trimming all trees up to twelve (12) 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.
• Remove all suckers from base of trees as they develop throughout the year.
• Stake and support trees as necessary. Staking and guying shall be as directed by the
City. Staking materials shall be supplied by the contractor at their sole expense.
• All tree guys, des, and stakes shall be checked regularly to avoid girdling and
damage.
• Contractor to stake or otherwise support trees during inclement weather and remove
branches and other debris generated by such weather.
• Inspect each site forl dead or dying trees, broken, cracked, or hanging branches or
RFP Landscape Maintenance 1 Page A -17
tM
other hazards. Immediately notify the Parks and Trees Superintendent if any of the above
conditions exists.
• Except for emergency removal, no tree/shrub shall be removed without prior direction
or approval of the City. Trees /shrubs badly damaged and in need of replacement shall be
brought to the attention of the Parks and Trees Superintendent.
• Water as required to maintain proper and vigorous growth according to variety.
Manual water or water truck water where necessary.
• Tree wells shall be maintained with 2 inches of bark mulch unless ground cover is
present. Weeds shall be removed, including their roots, before they reach 3 inches in height.
• All trees shall be fertilized once per year with tree fertilizer spikes approved by the
City.
• All palms shall be fertilized three times per year with Palm Plus fertilizer in March,
June, and October.
• 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.
• 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.
4.31 Water Truck Operations
• Water truck to start operations no later than 4:00 a.m., so as not to conflict with early
morning traffic. The City may require certain sites be scheduled after 7:00 am.
• The Water Truck Operator is a separate driver to the contract, utilized as many days
as needed to maintain adequate soil moisture level and healthy appearance of landscapes.
• Record and submit the weekly water usage for water truck sites, using supplied water
meter.
4.32 Hardscape Maintenance.
During each site visit, concrete (including stamped concrete) and asphalt areas, including
turn pocket fingers, driveways, perking areas, sidewalks, patios shall be checked and cleaned.
• All expansion joints and cracks are to be maintained free of weeds.
• Dirt, litter, and other debris must be removed on a weekly basis.
• Inspect for safety hazards, including tripping hazards, holes, or other conditions.
Immediately report such to the Parks and Trees Maintenance Superintendent.
RFP Landscape Maintenance Page A -18
Fell
• 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.
433 General Grounds Policing
4.33.1 The Contractor shall provide general grounds policing and inspection six days per
week June 1 through September 30 and five days per week October I through May 31.
• Remove all litter and other debris from sites five days per week.
• Grounds policing on alliholidays shall be provided.
• Staffing for the weekend ground policing shall be in addition to those outlined in
Attachment A. No flex schedules will be permitted.
• If refuse or litter is rot 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.
4.33.2 Provide safety and facility inspection and immediately report any deficiencies to
the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report below
standard conditions of all structures and fixtures, including but not limited to:
• Light standards and fixtures
• Walls, fences, gates
• Signage
• Graffiti
4.34 Hardscape Areas
4.34.1 General: (Applies to all hardscape maintenance areas)
• All hard surface areas shall be inspected weekly 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.
• All animal feces or other materials detrimental to human health shall be removed
from sites immediately.
• All broken glass and sharp objects shall be removed immediately.
• All areas shall be inspected six days per week and maintained in a neat, clean and
safe condition at all times.
• All areas shall be raked to remove leaves and debris five days per week.
RFP Landscape Maintenance Page A -19
36
• All amenities within hardscape areas, including but not limited to benches, tables,
trash receptacles, and play equipment, shall be inspected for vandalism, safety hazards and
serviceability daily. Deficiencies shall be reported in writing immediately to the City
• All leaves, paper and debris shall be removed from hardscape areas and disposed of
offsite.
4.35 Drinking Fountains
• Inspect, clean, adjust weekly.
• Report any deficiencies to the City immediately in writing.
4.36 Disposal
At least 100% 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 quarterly basis to the City. Such
reports are due to the City by 30 days after the end of each calendar quarter.
i
4.37 Native and Drought Tolerant Plant Maintenance
4.37.1 These requirements are in addition to the above written Technical Maintenance
Specifications:
• All native and droughty tolerant plant material at these sites will be maintained in their
natural shape. All dead wood for natives will remain on the plant or where it has fallen.
• The areas shall be maintained weed -free. Only manual pulling or mechanical
cultivation of non -native weed species will be allowed. Use of pre - emergent herbicides are
prohibited in these areas.
• The contractor's maintenance personnel will be trained to distinguish weedy plant
species from native or drought: tolerant vegetation to ensure that only weedy species are
removed.
• All weeds will be removed manually before they can attain a height of six inches (6 ")
or produce seeds, whichever comes first.
• Pulled weeds will be placed in a "mantilla" to prevent the seeds from coming in
contact with the ground and removed from the project site during maintenance.
• Leaf and branch drop and organic debris from native species shall be left in place.
• At several times during the year, especially during the rainy season (November —
May ), the contractor will ensure there is sufficient staff to accommodate manual removal of all
weeds throughout the sites. I
• The staffing necessary to accomplish the above weeding, shall not delay
RFP Landscape Maintenance Page A -20
37
maintenance frequencies in other areas (i.e. turf, groundcover, and shrub maintenance).
The City may require additional staffing above those outlined herein if delays are
observed.
RFP Landscape Maintenance Page A -21
M
Section 5: Minimum Staff Requirements
At a minimum, Contractor shall provide, in addition to one (1) full -time supervisor, twenty -five (25)
full -time positions, as depicted in the below table:
# Positions
Work Performed
Required Vehicle
Location
(1) Supervisor
(2) Fully stocked trucks
All Contract
(2) irrigation Technicians
Include Irrigation
Maintenance
with irrigation controller
Sites Except
remotes for Raimnaster
Newport Coast
Include Irrigation
(1) Fully stocked truck with
Newport Coast
(1) Irrigation Technician
Maintenance
irrigation controller remotes
Sites
for Rainmaster
(1) Mow Crew Driver
Mowing / Turf
(1) Crew cab truck
All Contract
(3) Mow Crew Laborers
Maintenance
Sites
(1) Detailed Maintenance
i
Detailed
Oasis Senior
Center and
Laborers
Maintenance
NCCC
(2) Detailed Maintenance
Detailed
(2) one -ton stake bed trucks
All Contract
Sites Except
Drivers/ Leadpersons
Maintenance
or equivalent
Newport Coast
(4) Detailed Maintenance
Detailed
All Contract
Laborers
Maintenance
Sites Except
Newport Coast
(2) Detailed Maintenance
Detailed
2) one -ton stake bed trucks
Newport Coast
Drivers /Leadpersons
Maintenance
or equivalent
Sites
(6) Detailed Maintenance
Detailed
Newport Coast
Laborers
1.
Maintenance
Sites
General litter control
(2) one -ton stake
All Contract
(2) Trash Patrol Drivers
refuse removal,
bed trucks or
Sites
and grounds policing
equivalent
(1) Pest Control Operator
Pest Control
Fully stocked spray truck
All Contract
with a valid QAL from the
Operations
with a minimum 100
Sites
State of California
gallon tank.
The City reserves the right to increase minimum staffing based upon additional acres being
added to this contract.
RFP Landscape Maintenance Page A -22
39
Section 6: Required Reports
1. Annual Maintenance Schedule.
2. Daily email with site locations of crews and numbers assigned at each site.
3. Weekly Detailed Maintenance and chemical use schedules.
4. Weekly Performance Report
5. Weekly Chemical Use Report.
6. Monthly Fertilizer Use Report.
7. Annual Proposed Pesticidel List with EPA numbers (including PCA recommendations,
pesticide labels, Material Safety Data Sheets).
8. Weekly irrigation inspection check list (to include controller and site inspection for all sites
and a list of any repairs required).
9. Monthly irrigation controller programming charts.
10. Monthly maintenance inspection list for all sites performed by the contractor Supervisor.
11. Annual pesticide safety training records.
12. Monthly tailgate safety meeting records.
13. Monthly Performance report.
14. Monthly green waste recycling report.
15. Water truck schedule and weekly water usage record.
16. Monthly pest control inspection list for all sites, performed by a Qualified Licensed
Applicator.
I
RFP Landscape Maintenance Page A -23
W
Section 7: Maintenance Frequency Schedule
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/ ear
Vertical Mow
Once) ear
Aerate
Twice/ ear
Pest and Weed Control
As needed
Visual Inspection
Weekly
Chemical Weed Control
Twice/ ear
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice/ ear
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre-emergent herbicide
Three times/ ear
Shrub Vine, and Tree Maintenance
Trim
Six times/ ear
Fertilize
Twice/year (oncelyear for trees)
three times/ ear for alms
Restake/Check
Each site visit/every two weeks min.
Visual Inspection
Weekl
Pre-emergent herbicide
Three times/ ear
Hardsca a Maintenance
Five 5 days/week
Grounds Policing/Litter Removal
Six (6) days/week, June I through
September 30
Five (5) days /week, October 1 through
May 31
RFP Landscape Maintenance Page A -24
41
Section 8: Maintenance Frequency Schedule For Utility Sites
SITES
FUNCTION
FREQUENCY
Big Canyon Reservoir
Turf Maintenance
As directed by City staff,
Flail Moving
approximately six/year (may
differ based on seasonal ffowth)
Ornamental Landscape
Ground: Cover Maintenance, Shrub,
Sites:
Vine and Tree Maintenance
Pump Station, Santa
Barbara Dr.
Visual Inspection
Bi weekly
Pump Station Goleta
Point Dr.
Irrigation Inspection
Bi- weekly
Tamura Well Site
Trim
Bi- weekly
Dolphin Well Site
Fertilize
Twice/year (oncelyear for trees)
Big Canyon Reservoir
(along Pacific View Dr.)
Pest and Weed Control Check/Restake
As Needed
Pre- emergent herbicide
Once a year
Mulchin g
Maintain ongoing 2" minimum
Each site visit/ every two weeks
Hardsca a Maintenance
min.
Each site visit/ every two weeks
Ground Policing/Litter Removal
min.
Oil Wells and Big
General Maintenance
Canyon Reservoir
pest and Weed Control
Monthly
(interior)
Grounds Policing/Litter Removal
Monthly
Irrigation Inspection
Monthly
Trim
Three/year
Fertilize
Oncelyear
RFP Landscape Maintenance Page A -25
rya
Section 9: Map of Landscape Maintenance Areas
To view Interactive Mapping Site please visit:
i
ho:Hgis nmWrtbeichca eov/ gisnub /mediansroadsides /default.Mx-
To zoom into the map use the zoom slider or your mouse wheel. To pan, left click and drag on
the map. The layers on the left can be toggled on and off.
To download atlas book:
h!W://www.nemMortbeachca.p-ov/giscatalog/LandMeMediarLMVbook/
RFP Landscape Maintenance Page A -26
Del
Section 10: Standard Materials
All material 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 Parks and Tree Maintenance
Superintendent.
Standard Irrigation Materials List:
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)
Toro TR50XT (mediumllarge turf)
Toro TR70XTP or Toro 2001 (large turf areas)
Toro 570 - PRXCOM with Precision Series Rotatin Nozzle (slopes & ground cover areas)
Rainbird RWS Series (tree wells)
Controller
Rain Master Evolution DX2 irrigation controller with flow, radio & antenna
Drip and specialized low- volume irrigation
Rain Bird Xerigation
Jardinier Surface Flow Irrigation !
Toro Precision Series Rotating Nozzle
Battery Powered Irriestion
Toro DDCWP Battery Powered Controller
Miscellaneous
Feboo 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)
Mateo 754 Series Full Port Ball Valve
Schedule 40 PVC Lateral Pipes
RFP Landscape Maintenance Page A -27
MIJ
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 ITV 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
Turf Fertilizers. Etc.
All commercial fertilizers must be homogenous.
All organic fertilizer; must have lowest salinity rate possible.
No steer or chicken manure is allowed.
All fertilizers, planting medium, humus material, etc. must be City approved.
Plant Stock
All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals
and perennials, flowers, and ground covers must be approved by the Parks and Trees
Maintenance Superintendent before planting.
Pesticides
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.
RFP Landscape Maintenance Page A -28
H1
Section 11: Irrigation Information
Medians
RFP Landscape Maintenance Page A -29
46
Irrigation
_Ma`ffuaii
I
Wate�t
Tiuck+
! —
_ N�
�Jrri atiom,
IrcigatiOnT
Not
�O eralai
Automate_'di -'
._drrl atlonl ,
—j
G Street X Balboa Blvd
X
Balboa Blvd - Medina Way to 21st St. 1
X
Balboa Blvd - Medina Way to 21stSt. 2
X
X
McFadden Interchange Medians
X
Villa Way X 29th Street
X
M Street Median
X
Via Lido - Newport Blvd to Via O erto
X
Newport Blvd X Via Lido
X
Clubhouse X Finley
X
Balboa Blvd - Coast Hwy to 32nd Street
X
Superior Ave north of Coast Hwy
X
Newport Blvd- Coast H to Industrial Way
X.
X
Coast H - Santa Ana River 10 Newport Blvd
X
Coast H - Mariners Mile
X
St. James Road X Kings Place
X
Margaret Drive between Tustin and Irvinve
X
X
Westcliff Drive - Irvine Ave to Dover
X
X
Triangular median - Westcliff X Dover
X
Dover Drive - Westcliff to Coast Hwy
X
X
Irvine Ave - Westcliff to Dover
X
Irvine Ave - Dover to Holiday Road
X
Irvine Ave - Santiago to University
X
Jamboree Road - Bristol to Coast Hwy
X
University Drive - Jamboree to MacArthur
X
Vista Del Sol
X
Ford Road - Jamboree to San Miguel
X
San Miguel - Ford Road to Avocado
X
San Joaquin - Spyglass to Backbay Road
X
Coast H - Dover to Newport Coast Drive
X
MacArthur at Coast Fla
X
El Paseo Drive
X
Avocado - Waterfront to Coast Hwy
X
X
Corinthian Way - West of MacArthur Blvd
X
Newport Place Drive - West of MacArthur Blvd
X
MacArthur Bvld - North of Jamboree
X
Jamboree Road - Bristol to Campus Drive
X
Balboa Blvd at A Street
X
MacArthur Blvd - Coast Hwy to Bison
X
RFP Landscape Maintenance Page A -29
46
Roadsides
RFP Landscape Maintenance Page A -30
MA
Irrigation
Manuall
Wat_`en
I iT,[uck,
No]
'Irri'atlom
i Irrl gallon)
LO Not
�e`rable)
�Automatedl
IF ath5h _.
Bonita Canyon Road - MacArthur Blvd to Hwy 73
X
Park Ave
X
Cannery Village Parking Lot
X
281h and 30th Street Parking Lots
X
X
McFadden Parking Lot
X
X
19th Street, street end - ba side
X
Marina Park Parking Lot
X
13th Street, street end - ba side I beach
X
12th Street, street end - ba side I beach
X
11 th Street street end - ba side I beach
X
"F" Street, street end - ba side I beach
X
X
Palm Street Parking Lot
X
Miramar Drive and Balboa Blvd
X
"I" Street, street end - ba side
X
X
"L" Street, street end - oceanside
X
X
"M" Street, street end - oceanside
X
X
Via Oporto X Central Parking Lot
X
Short Street X Newport Blvd Roadside
X
OCTA Bus Stop - Balboa Blvd X 46th
X
OCTA Bus Stop - Balboa Blvd X River
X
Newport Island entrance
X
37th - Olive Street, street ends off Seashore
X
Prospect Street, ends off Seashore
X
Orange Street, ends off Seashore
X
Summit Street planter
X
Ca 's trail I bench area
X
X
West Coast Hwy Roadsides
X
Superior X Coast Hwy Parking Lot
X
N.W. Quadrant - Newport Blvd X Coast Hwy
X
S.W. Quadrant - Newport Blvd X Coast Hwy
X
S.E. Quadrant - Newport Blvd X Coast Hwy
X
Newport Blvd Roadsides
X
X
Mariners Mile Parking Lot
X
Rocky Point I Pelican Wall
X
Dover X Westcliff
X
Coast Hwy Bayshore Soundwall
X
OCTA Bus Stop - Ba shore Drive X Coast Hwy
X
Dover Drive Arterials - Westcliff to Mariners
X
Dover Drive Arterials - N Irvine Ave to Mariners
X
Dover Drive Arterials - S Irvine Ave to Mariners
X
X
Westcliff Drive Arterial Groves
X
Westcliff Drive X Santiago
X
RFP Landscape Maintenance Page A -30
MA
Roadsides continued
RFP Landscape Maintenance Page A -31
Irrigation
Manuait
Water,
Tuck
I !No)
1 ilrrl atidnl
Irdgatiom
Not?
L O"6lei
f
Automatedl
Grl atidni _
�lA�eai
Groves Bike Trail
X
Irvine Ave Arterial North of Private Road
X
Tustin Avenue street end
X
Port Dunbar Drive Roadside
X
Spyglass Hill Road Roadsides
X
San Joaquin Hills Road Roadsides
X
Coast H - Seaward to Cameo Highlands
X
X
Centennial Plaza
X
Larkspur Street End
X
X
Jasmine Street End
X
X
Fernleaf Ramp
X
Ba side Drive - Jamboree to Marguerite
X
X
Coast H - Jamboree to Avocado
X
Coast H - Bayside Drive to Jamboree
X
Jamboree - Coast Hwy to Ba side
X
Promentory Bay Plaza
X
Promentory Point and Channel Walk
X
Balboa Island Entrance
X
Balboa Island - Grand Canal Bride
X
MacArthur Blvd - Coast Hwy to San Miguel
X
Balboa Village, Balboa Pier Parking Lot
X
Entrance to Collins Island
X
Big Canyon Reservoir along San Mi uel
X
West side of Dover - Coast Hwy to Cliff Drive
X
Castaways Blufflop Trail
X
Bayview Way - Across from Fletcher Jones
X
Polaris slope across from Westcliff Park
X
Lido /Peninsula Gateway Roadside at Newport
Blvd x Via Lido /Short Street
X
RFP Landscape Maintenance Page A -31
EXHIBIT B
SCHEDULE OF BILLING RATES
49
PARK WEST LANDSCAPE MAINTENANCE, INC. Page B -1
ATTACHMENT B
Section 1: UNIT PRICES
A The Contractor agrees that for requested and/or required changes in the scope of work,
Including additions and deletions on work not performed, the Contract Sum shall be adjusted
In accordance with the following unit prices, where the City elects to use this method in
determining costs:
B. Contractor Is advised that the unit prices will enter into the detemation of the caontract award
Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed
below refer to all items installed and the Construction Documents and include all costs
connected with such items; including but not limited to material, labor, overhead, and profit
for the contractor.
C. All Planting unit prices shall include appropriate amounts of soil amendments and ferfigzer
tabs.
D. The unit price quoted by the Contractor shall be.those unit prices that will be charged or
credited for labor and materials to beprovided regardless of the total number units and/or
amount of labor required for added or deleted items of work
E. All work shall be performed In accordance with specifications described in the RFP.
FUNCTION COSTIUNIT OF MEASURE
TURF
Turf Mow -Reel Blade
Turf Mow -Rotary Blade
Turf Mow and Clippings Picked Up
Turf Edge
Turf String Trim
Turf Chemical Edge 6" Swath
Turf Chemical Edge 12" Swath
Turf Aedfy
Turf Fertilize
Turf Dethatch/Renovate
Turf Sweeping
Flag Mow of Natural Areas
NARDSCAPE
Cleaning and weed abatement
$1.50/1000 Sq. Ft.
$1.2011000 Sq. Ft
$2.0011000 Sq. Ft
$2.00 /1000 Linear Ft
$1.50 11000: Linear Ft.
$5.0011000 Linear Ft
$10.0011000 Linear Ft
$3.0011000 Sq. Ft
$8.5011000 Sq. FL
$1500 /Acre
$15.0011000 Sq. Ft
$600 /Acre
$100.00 /1000 Sq. Ft.
50
GROUNDCOVERS
Mow $2.0011000 Sq. Ft
Edge $2.00/1000 Linear Ft.
Fertilize $8.50/1000 Sq. Ft
PEST CONTROL
Turf Dlseasefinsect spray
Boom Application
$15.00/1000 Sq. Ft
Hand Application.
$25.0011000 Sq. Ft
Turf Broadleaf Spray
$20.00 /Shrub
Boom Application
$15.0011000 Sq. Ft
Hand Application
$25.00/1000 Sq. Ft
Gnwndcover disease/insect spray
$15.0011000 Sq. Ft
Shrub diseasennsect spray
$15.0011000 Sq. Ft
Soil Stenlant Applicant
$25.0011000 Sq. Ft.
Turf Pre- Emergent
$15.0011000 Sq. Ft
Landscape Planter Weed Control
$15.0011000 Sq. Ft,
General Weed Control Post Emergent
$15.0011000 Sq. Ft
SHRUB PRUNING
1-4 Feet, Lacing
$10.00 /Shrub
14 Feet, Hedging
$3.50 /Shrub
4 plus Feet, Lacing
$20.00 /Shrub
4 Plus Feet, Hedging
$5.00 /Shrub
TREE PRUNING
Up to 12 Feet $35.00/Tree
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
$116.00/Each
24" Box Tree with root barrIOrs
$ 285.00/Each
36" Box Tree with root barters
$ 850.00/Each
64 Count Flat Groundcover
$21.00/flat
16 Count 4" Flat Annual Color
$26.00111at
Turf- seed;and Top Dress
$85.00/1000 Sq.. Ft
Turf-Sod
$1200.0011000 Sq. Ft
Mulching (0-2") 2" depth
$250.0011 000 Sq. Ft
Mulching (0-2") 2" depth
$42.00Nard
51
LABOR
Landscape Maint Laborer
$24.00/Hour
Landscape.Maint Leadworker
$35.0011-four
Landscape Maint Supervisor
$65.00/Hour
Irrigation Specialist
$45.00 /Hour
Pest Control Applicator
$40.00 /Hour
Tree Trimmer
$45.00/Hour
Equipment Operator
$65.00Mour
NEW AREAS
Yearly Sq. Ft. for new median
$.12/Sq.FtNear
Yearly Sq. Ft for roadside
$.12/Sq.FL/Year
Yearly Sq. Ft. for NPC sites
$.12/Sq.FtJYear
Yearly Sq. Ft. for utility sites
$.12/Sq.FtJYear
EQUIPMENT
Full size 1 -Ton Truck $ 650.00/Day
Flail mowing at Big Canyon Reservoir $ 1800.00 /Service
52
REFERENCE TABLE:
BID UNIT LIST WITH MAP LOCATION NUMBERS
NO
° •
1
Newport Blvd. - PCH to Industrial Way
Median
Hardscape
44475
1.02
4617
1 •
Newport Blvd. - PCH to Industrial Way
Median
Landscape
28725,
0.66
2982
2
Newport Blvd. Roadsides
Roadside
Hardscape
2G94
0.06
280
2
Newport Blvd. Roadsides
Roadside
Landscape
266106
6.11
27623
3
N.W. Quadrant - Newport Blvd. X PCH
Roadside
Hardscape
31686
0.73
3289
3
N.W. Quadrant- Newport Blvd. X PCH
Roadside
Landscape
119178
2.74
12371
4 1N.E.
Quadrant - Newport Blvd. X PCH
Roadside
Hardscape
38222
0.88
3968
4
N.E. Quadrant - Newport Blvd. X PCH
Roadside
Landscape
33901
0.781
3519
5
S.W. Quadrant - Newport Blvd. X PCH -
Roadside
Hardscape
14348
0.33
1489
5
S.W..Quadrant - Newport Blvd. X PCH
Roadside
Landscape
27255
0.63
2829
6
S.E. Quadrant - Newport Blvd. X PCH •
Roadside
Hardscape
10159
0.23
1055
6
S.E. Quadrant - Newport Blvd. X PCH
Roadside -
Landscape
17209
0.40
1786
7
PCH - Santa Ana River to Tustin Ave. .
Median •
Hardscape
62435
1.43
6481
7
PCH - Santa Ana River to Tustin Ave:
Median
Landscape
25905-
0.59
2689
8
PCH - Santa Ana river to Newport Blvd.
Roadside
Hardscape
85533
1:96
8879
8
PCH - Santa Ana river to Newport Blvd.
Roadside
Landscape
51463
1.18
5342
9
Cappystrail /bench area .Roadside
Hardscape
970
0.02
101
9
Cappystrail /bench area
Roadside "Landscape
7744
0.18
804
10
15ummit St. planter
Roadside
Hardscape
1295
0.03
134
10
Summit St. planter
Roadside
Landscape
770
0.02
80
11
River Ave. planters -47th to 54th
Roadside .
Hardscape
22873
0.53
2374
11
River Ave. planters -47th to 54th
Roadside
Landscape
8179
0.19
849
12
OCTA BusStop - Balboa Blvd. X46th
Roadside
Hardscape:
1110
0.03
115
12
OCTA Bus Stop - Balboa Blvd. X 46th
Roadside
Turf
1096
0.03
114
13
OCTA Bus Stop - Balboa Blvd. X River .
Roadside
Hardscape
1184
0.03
123
13
OCTA Bus Stop - Balboa Blvd. X River
Roadside
Landscape
1331
0.03
138
14
Balboa Blvd. - PCH to 32nd St.
Median
Hardscape
13451
0.311
1396
14
Balboa Blvd. - PCH to 32nd St.
Median
Landscape
3619
0.08
376
15
37th- Sonora St. street ends off Seashore
Roadside
Hardscape
11696
0.27
1214
15
37th - Sonora St. street ends off Seashore
Roadside
Landscape
6974
0.16
724
16
Newport Island entrance planters
Roadside.
Hardscape
1380
0.03
143
16
Newport Island entrance planters
Roadside
Landscape
1401
0.03
145
16
Newport Island entrance planters
Roadside
Turf
2596
0.061
269
17
28th & 30th St. Parking Lots
Roadside
Hardscape
29162
0.67
3027
17
28th & 30th St. Parking Lots.
Roadside
Landscape
3352
0.08
348
18
McFadden Interchange Medians
Median
Hardscape
2795
0.06
290
18
McFadden Interchange Medians
Median
Landscape
1841
0.04
191
18
McFadden lnterchange Medians
Median
Turf
12851
0.30
1334
19
McFadden Parking Lot
Roadside
Hardscape
283891
0.651
2947
19
McFadden Parking Lot
Roadside
Landscape
42981
0.10
446
19
McFadden Parking Lot
Roadside
Turf
5045
0.12
524
9*1
REFERENCE TABLE:
BID UNIT LIST WITH MAP LOCATION NUMBERS
2 54
r _
_
. •
o .
20
Balboa Blvd. - Medina Way to 21st St.
Median
Hardscape
26510
0.61
2752
20
Balboa Blvd. - Medina Way to 21st St.
Median
Landscape
9892
0.23
1027
21
Palm St. and Balboa Blvd. Parking Lot
Roadside
Hardscape
33382
0.77
3465
21
Palm St. and Balboa Blvd. Parking Lot
Roadside
Landscape
30561
0.07
317
22
Balboa Village
Roadside
Hardscape
339851
7.801
35278
22
Balboa Village
Roadside
Landscape
22605
0.52
2346
22
Balboa Village
Roadside
Turf
813
0.02
84
23
Balboa Blvd. and "A" Street
Median
Landscape
186
0.00
19
24
Balboa Blvd /-1 B-1 Ave. Parking Lot Palms
Roadside
Hardscape
303
0.01
31
24
Balboa Blvd /-1 B-1 Ave. Parking Lot Palms
Roadside
Landscape
1790
0.04
186
25
G St. X Balboa Blvd.
Median
Landscape
2486
0.061
258
26
Miramar Dr. and Balboa Blvd.
Roadside
Hardscape
2229
0.05
231
26
Miramar Dr. and Balboa Blvd.
Roadside
Landscape
618
0.01
64
26
Miramar Dr. and Balboa Blvd.
Roadside
Turf
2449
0.06
254
27
1St. Median
Roadside
Landscape
617
0.01
64
28
M St. Median
Median
Hardscape
2324
0.05
241
28
M St. Median
Median
ITurf
2620
0.061
272
29
"L" St. Street end - oceanside
Roadside
Hardscape
748
0.02
78
29
"L" St. Street end - oceanside
Roadside
Landscape
1726
0.04
179
30
"M" St. St. Street end - oceanside
Roadside.
Hardscape
617
0.01
64
30
"M" St. St. Street end - oceanside
Roadside
Landscape
3380
0.08
351
31
"I" St. Street end - bayside
Roadside
Hardscape
419
0.01
43
31
"1" St. Street end - bayside
Roadside
ILandscape
605
0.01
63
32
"F' St. Street end - bayside
Roadside
Hardscape.
153
0.00
16
32
"F" St. Street end - bayside
Roadside
Landscape
1245
0.03
129
33
11st St. Street end - bayside
Roadside
Landscape
1706
0.041
177
34
12th St. Streetend - bayside
Roadside
Landscape
2657
0.06
276
35
13th St. Street end - bayside
Roadside
Hardscape
280
0.01
29
35
13th St. Street end - bayside
Roadside
Landscape
2340
0.05
243
36
Marina Trailer Park - Parking Lot
Roadside
Hardscape
11043
0.25
1146
36 1
Marina Trailer Park - Parking Lot
Roadside
Landscape
2150
0.05
223
37
19th St. Street end - bayside
Roadside
Hardscape
595
0.01
62
37
19th St. Street end - bayside
Roadside
Landscape
359
0.011
37
38
Cannery Village Parking Lot
Roadside
Hardscape
14226
0.33
1477
38
Cannery Village Parking Lot
Roadside
Landscape
2704
0.06
281
39
Villa Way X 29th St.
Median
Hardscape
585
0.01
61
39 lVilla
Way X 29th St..
Median
Landscape
925
0.02
96
40
Newport Blvd. XVia Lido
Median
Hardscape
4814
0.11
500
40
Newport Blvd. X Via Lido
Median
Landscape
803
0.02
83
41
Via Lido - Newport Blvd. to Via Operto
Median
Hardscape
1797
0.04
187
41
Via Lido - Newport Blvd. to Via Operto
Median
Landscape
1156
0.03
120
2 54
REFERENCE TABLE:
BID UNIT LIST WITH MAP LOCATION NUMBERS
355
o •
Roadside
L.
Hardscape
s
12043
0.28
1250
42
Via Oporto X Central Parking. Lot
42
Via Oporto X Central Parking Lot
Roadside
Landscape
989
0.02
103
43
Gateway Roadside - Npt. Blvd. and Via Lido
Roadside
Hardscape
3147
0.07
327
43
IGateway Roadside - Npt. Blvd. and Via lido
Roadside
iLandscape
2075
0.051
215
43
Gateway Roadside - Npt. Blvd. and Via Lido
Roadside
Turf
1175
0.03
2
44
Gateway Roadside - Npt. Blvd. and Short St.
Roadside
Hardscape
3355
0.08
8
44
Gateway Roadside - Npt. Blvd. and Short St.
Roadside
Landscape
3084
0.07
0
E
44
Gateway Roadside - Npt. Blvd. and Short St.
Roadside
Turf
2703
0.06
1
45
Short St. X Newport Blvd. Roadside
Roadside
Landscape
5485
0.13
569
46
lClubhouse X Finley
Median
Hardscape
829
0.021
86
46
Clubhouse X Finley
Median
landscape
1 842
0.021
87
47
PCH roadside, n.side, Tustin Ave.-Riverside Dr.
Roadside
Hardscape
3813
0.09
396
47
PCH roadside, n.side, Tustin Ave.-Riverside Dr.
Roadside
Landscape
690
0.02
72
48
Mariners Mile Parking Lot
Roadside
Hardscape
56908
1.31
5907
48
Mariners Mile Parking Lot
Roadside
Landscape
5482
0.13
569
49
St. lames Road X Kings Place
Median
Landscape
467
0.01
49
49
St. James Road X Kings Place
Median
Turf
1077
0.02
112
50
Margaret Dr. between Tustin & Irvine
Median
Landscape
323
0.01
34
51
Westcliff Dr. - Irvine Ave to Dover
Median
Hardscape
6179
0.141
641
51
Westcliff Dr, - Irvine Ave to Dover
1Median
landscape
5686
0.131
590
52
Triangular median - Westcliff X Dover
Median
Hardscape
1155
0.03
120
52
Triangular median - Westcliff X Dover
Median
Landscape
408
0.01
42
52
Triangular median - Westcliff X Dover
Median
Turf
3576
0.08
371
53
1 Dover Dr. - Westcliff to PCH
Median
Hardscape
19761
0.45
2051
53
Dover Dr. - Westcliff to PCH
Median
Landscape
18130
0.42
1882
54
Dover Roadside- Cliff Dr. to PCH
Roadside
Hardscape
12540
0.29
1302
54
Dover Roadside - Cliff Dr. to PCH
Roadside
Landscape
5985
0.14
621
55
O.C.T. Bus Stop - Bayshore Dr. X PCH
Roadside
Hardscape
6122
0.14
635
55
O.C.T. Bus Stop - Bayshore Dr. X PCH
Roadside
Landscape
6166
0.14
640
56
jDover X Westcliff
Roadside
Hardscape
5830
0.13
605
56
Dover X Westcliff
Roadside
Turf
22019
0.51
2286
57
Westcliff Dr. Arterial (Groves)
Roadside
Hardscape
7177
0.16
745
57
Westcliff Dr. Arterial (Groves)
Roadside
landscape
28975
0.67
3008
58
Westcliff Dr. X Santiago
Roadside
Hardscape
1285
0.03
133
58
Westcliff Dr. X Santiago
Roadside
Landscape
246
0.01
26
58
Westcliff Dr. X Santiago
Roadside
Turf
2019
0.05
210
59
Groves Bike Trail and Polaris Slope
Roadside
Hardscape
20944
0.48
2174
59
Groves Bike Trail and Polaris Slope
Roadside
Landscape
82428
1.89
8556
59
Groves Bike Trail and Polaris Slope
Roadside
Turf
2620
0.06
272
60
Castaways Blufftop Trail
Roadside
Hardscape
318941
0.73
3311
60
Castaways Blufftop Trail
Roadside
Landscape
30235
0.69
3139
355
REFERENCE TABLE:
BID UNIT LIST WITH MAP LOCATION NUMBERS
M
Hardscape
2240
0.05
Y • -
233
61
Dover Dr. Arterials - (N) Westcliff to Irvine Ave
f7oadside
61
Dover Dr. Arterials - (N) Westcliff to Irvine Ave
Roadside
Landscape
58292
1.34
6051
62
Dover Dr. Arterials - (8) Westcliff to Irvine Ave
Roadside
Hardscape
1025
0.02
106
62
Dover Dr. Arterials - (S) Westcliff to Irvine Ave
Roadside
Landscape
82787
1.90
8594
63
Irvine Ave. - Westcliff to Holiday Road
Median
Hardscape
25811
0.591
2679
63
lIrvine Ave. - Westcliff to Holiday Road
Median
Landscape
50906
1.17
5284
64
Irvine Avenue - Santiago to University
Median
Hardscape
17638
0.40
1831
64
IrvineAvenue - SantiagotoUniversity
Median
Landscape
231
0.01
24
64
Irvine Avenue - Santiago to University
Median
Turf
43924
1.01
4559
65
Irvine Ave. Arterial N of Private Road
Roadside .
Hardscape
2486
0.061
258
65
Irvine Ave. Arterial N of Private Road
Roadside
Turf
9849
0.23
1022
66
Tustin Avenue Street end
Roadside
Landscape
2576
0.06
267
67
Anniversary Lane Roadside .Roadside
Landscape
18890
0.43
1961
68
Irvine Ave., Mesa Dr. to Orchard
Median
Hardscape
3016
0.07
313
68
Irvine Ave., Mesa Dr. to Orchard
Median
Landscape
5124
0.12
532
68
Irvine Ave., Mesa Dr. to Orchard
Roadside
Hardscape
7234.
0.171
751
68
Irvine Ave., Mesa Dr. to Orchard
Roadside
Landscape
19825
0.46
2058
69
Jamboree - Campus to PCH
Median
Hardscape
85814
.1.97
8908
69
Jamboree - Campus to PCH
Median
Landscape
46171
1.06
4793
69
Jamboree - Campus to PCH
Median
Turf
124219
2.85
12894
70
Bayview, e. Jamboree Rd.
Roadside
Hardscape
3534
0.08
367
70
Bayview, e. Jamboree Rd.
Roadside
Landscape
13668
0.31
1419
71
University Dr - Jamboree to MacArthur
Median
Hardscape
6138
0.14
637
71
University Dr - Jamboree to MacArthur
Median
Turf
4932
0.11
512
72
lVista Del sol
Median
Landscape
6701
0.15
696
72
Vista Del sol
Median
Turf
11927
0.27
1238
73
Jamboree Big Canyon Roadside.
Roadside
Hardscape
10723
0.25
1113
73
Jamboree Big Canyon Roadside
Roadside
Landscape
14947
0.341
1552
74
Jamboree - PCH to Bayside
Roadside
Hardscape
4934
0.11
512
74
Jamboree - PCH to Bayside
Roadside
Landscape
4774
0.11
496
75
lEntrance to Balboa Island
Roadside
Hardscape
2223.
0.05
231
75
Entrance to Balboa Island
Roadside
Landscape
894
0.02
93
76
Balboa Island - Grand Canal Bridge
Roadside
Hardscape
334
0.01
35
76
Balboalsland - GrandCanalBridge
Roadside
Landscape
875
0.0211
9L
77
Park Avenue and Marine Ave. planter
Median
Hardscape
4577
0.11
475
77
Park Avenue and Marine Ave. planter
Median
Landscape
24520
0.56
2545
77
1 Park Avenue and Marine Ave. planter
Roadside
Hardscape
200
0.00
21
77
Park Avenue and Marine Ave. planter
Roadside
Landscape
120
0.00
13
78
Entrance to Collins Island /Park Ave.
Roadside
Hardscape
3081
0.01
32
78
Entrance to Collins Island /Park Ave.
Roadside
Landscape
439
0.011
46
79
San Joaquin - Backbay Rd. to Spyglass
Median
Hardscape
557511
1.281
5787
M
REFERENCE TABLE:
BID UNIT LIST WIT14.MAP LOCATION NUMBERS
557
• •
"M
a
Landscape
42261
0.97
e •
4387
79
San Joaquin - Backbay Rd. to Spyglass
Median
79
San Joaquin - Backbay Rd. to Spyglass
Median
Turf
117915
2.71
12240
80
San Joaquin Arterials - Crown Dr. to Spyglass
Roadside
Hardscape
47443
1.09
4925
80
San Joaquin Arterials - Crown Dr. to Spyglass
Roadside
Landscape
80668
1.85
8374
80
San Joaquin Arterials - Crown Dr. to Spyglass
Roadside
Turf
51691
1.191
5366
81
Spyglass Hill Road Roadsides
Roadside
Hardscape
58091
1.33
6030
81
Spyglass Hill Road Roadsides
Roadside
Landscape
60881
1.40
6320
81
Spyglass Hill Road Roadsides
Roadside
Turf
27541
0.63
2859
82
Port Dunbar Drive Roadside
Roadside
Hardscape
19887
0.46
2064
82
Port Dunbar Drive Roadside
Roadside
Turf
25791
0.59
2677
83
Ford Rd.-MacArthur to Hlllslde Dr.
Median
Hardscape
8609
0.20
894
83
Ford Rd.-MacArthur to Hillside Dr.
Median
Turf
25313
0.581
2628
84
Bonita Canyon Road - MacArthur to the 73
Median
Hardscape
21295
0.49
2211
84
Bonita Canyon Road- MacArthur to the 73
Median
Landscape
55656
1.28
5777
85
San Miguel - Ford Road to Avocado
Median
Hardscape
25962
0.60
2695
85
San Miguel - Ford Road to Avocado
Median
Landscape
1483
0.03
154
85
San Miguel - Ford Road to Avocado
Median
Turf
78931
1.81
8193
86
San Miguel - Big Canyon Reservoir
Roadside
Hardscape
5346
0.12
555
86
San Miguel - Big Canyon Reservoir
Roadside
Landscape
13173
0.30
1367
87
Avocado - Waterfront to PCH
Median
Hardscape
373
0.01
39
87
Avocado - Waterfront to PCH
Median
landscape
13240
0.301
1374
87
Avocado - Waterfront to PCH
Median
Turf
9863
0.23
1024
88
Promentory Bay Plaza /Harbor island Dr. areas
Roadside
Hardscape
9231
0.21
958
88
Promentory Bay Plaza /Harbor Island Dr. areas
Roadside
Landscape
3103
0.07
322
89
Promentory Point & Channel Walk
Roadside
Hardscape
12333
0.28
1280
89
Promentory Point & Channel Walk
Roadside
Landscape
11262
0.26
1169
90
OASIS Senior Center
Roadside
Hardscape
81197
1.861
8429
90
OASIS Senior Center
Roadside
Landscape
86297
1.98
8958
90
OASIS Senior Center
Roadside
Turf
2549
0.06
265
91
Bayside Drive - Jamboree to Marguerite
Roadside
Hardscape
10441
0.24
1084
91
Bayside Drive - Jamboree to Marguerite
Roadside
Landscape
118552
2.72
12306
92
CdM Centennial Plaza
Roadside
Hardscape
2827
0.06
294
92
CdM Centennial Plaza
Roadside
Landscape
854
0.021
89
93
Larkspur Street End
Roadside
Hardscape
2072
0.05
215
93
Larkspur Street End
Roadside
Landscape
1911
0.04
198
94
Jasmine Street End
Roadside
Hardscape
944
0.02
98
94
Jasmine Street End
Roadside
Landscape
422
0.01
44
94
Jasmine Street End
Roadside
Turf
1999
0.05
208
95
Fernleaf Ramp and Median
Median
Hardscape
5161
0.01
54
95
Fernleaf Ramp and Median
Median
Landscape
1895
0.04
197
95
Fernleaf Ramp and Median
Roadside
Hardscape
1373
0.03
143
557
REFERENCE TABLE:
BID UNIT LIST WITH MAP LOCATION NUMBERS
M.
Roadside
Landscape
8493
0.19
882
95
Fernleaf Ramp and Median
95
Fernleaf Ramp and Median
Roadside
Turf
1867
0.04
194
96
PCH - Seaward to Morning Canyon
Roadside
Hardscape
5193
0.12
539
96 1PCH
- Seaward to Morning Canyon
Roadside
Landscape
1 7419
0.17
770
97 1
PCH - Pelican Point, East Entry Sign Area
Roadside
Landscape
493
0.01
SS
98
PCH - Pelican Point Dr. to MacArthur
Median
Hardscape
24582
0.56
2552
98
PCH - Pelican Point Dr. to MacArthur
Median
Landscape
52998
1.22
5501
99
MacArthur - PCH to Bowsprit Dr.
Median
Hardscape
109126
2.51
11328
99
MacArthur - PCH to Bowsprit Dr.
Median
Landscape
149133
3.42
15481
100
MacArthur - PCH to San Miguel
Roadside
lHardscape
18638
0.431
1935
100
MacArthur - PCH to San Miguel
Roadside
landscape
51916
1.19
5389
101
1 MacArthur - opposite Nature Park .Roadside
Hardscape
3774
0.09
392
101
MacArthur - opposite Nature Park
Roadside
iLandscape
976
0.02
101
102
Corinthian Way, W. of MacArthur
Median
lHardscape
287
0.01
30
102
Corinthian Way, W. of MacArthur
Median
Landscape
1123
0.03
117
103
Newport Place Dr., W. of MacArthur
Median
Hardscape
508
0.011
53
103
Newport Place Dr., W. of MacArthur
Median
Landscape
1178
0.03
122
103
Newport Place Dr., W. of MacArthur
Median
Turf
5063
0.12
526
104
N. Bristol Ave, Jamboree Rd. Irvine Ave.
Roadside
Hardscape
1059
0.02
110
104
N. Bristol Ave, Jamboree Rd. Irvine Ave.
Roadside
Landscape
40290
0.92
4182
105
PCH - MacArthur to Bayside Dr.
Median
lHardscape
54770
1.26
5685
105
PCH - MacArthur to Bayside Dr.
Median
Landscape
685121
1.571
7112
106
PCH - Bayside Drive to Jamboree
Roadside
Hardscape
22558
0.52
2342
106
PCH - Bayside Drive to Jamboree
Roadside
Landscape
627
0.01
65
107
PCH - Jamboree to Avocado
Roadside
Hardscape
48407
1.11
5025
107
PCH - Jamboree to Avocado
Roadside
Landscape
66873
1.54
6942
108
PCH Bayshore Soundwall
Roadside
Hardscape
11987
0.28
1244
108
PCH BayshoreSoundwall
Roadside
Landscape
4185
0.101
434
109
Rocky Point /Pelican Wall
Roadside
Hardscape
2968
0.07
308
109
Rocky Point/Pelican Wall
Roadside
Landscape
1009
0.02
105
110
ISuperior X PCH Parking Lot
Roadside
Hardscape
52371
1.20
5436
110
Superior X PCH Parking Lot
Roadside
Landscape
30972
0.71
3215
110
Superior X PCH Parking Lot
Roadside
Turf
9456
0.22
982
111
Superior Medians - PCH to Industrial Way
Median
IHardscape
13336
0.31
1384
111
Superior Medians - PCH to Industrial Way
Median
Landscape
27174
0.621
2821
112
Harbor Watch Park
Roadside
Hardscape
4174
0.10
433
112
Harbor Watch Park
Roadside
Landscape
62641
1.44
6502
113
Canyon Watch Park
Roadside
Hardscape
30202
O.G9
3135
113
Canyon Watch Park
Roadside
Landscape
145868
3.35
15142
114
San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr.
jMedian
Hardscape
30651
0.70
3182
114
San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr.
iMedian
iLandscape
1 1185951
2.721
12311
M.
REFERENCE TABLE:
BID UNIT LIST WITH MAP LOCATION NUMBERS
••
Hardscape
116860
2.68.
12130
115
San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr.
Roadslde
115
San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr.
Roadside 'Landscape
331409
7.61
34402
115
San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr.
Roadside
Turf
6464
0.15
671
116
NpL Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S.
Median
Hardscape
48340
1.11
5018
116
Npt. Coast Dr - -73 toll Rd. to Pelican Hill Rd. S.
Median
Landscape
158922
3.651
16497
117
Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S.
Roadside
Hardscape
161397
3.71
16754
117
Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S.
Roadside
Landscape
1147077
26.33
119071
117
Npt. Coast Dr. - Lower View Park
Roadside
Landscape
9383
0.22
974
117
Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S.
Roadside
Turf
2304
0.05
239
118
Npt. Coast Dr. - Lower View Park
Roadside
Hardscape
25996
0.60
2699
118
Npt. Coast Dr. - Lower View Park
Roadside
Landscape
150466
3.451
15619
119
Npt. Coast Dr. - Mid View Park
Roadside
Hardscape
1260
0.03
131
119
Npt. Coast Dr. - Mid View Park
Roadside
Landscape
49202
1.13
5107
120
Npt. Coast Dr. - Upper View Park
Roadside
Hardscape
2148
0.05
223
120
NpL Coast Dr. - Upper View Park
Roadside
Landscape
38148
0.88
3960
121
Pelican Hill Rd. N. to Pelican Hill Circle S.
Median
Hardscape
2011
0.05
209
121
Pelican Hill Rd. N. to Pelican HIII Circle S.
Median
Landscape
1329
0.031
138
122
Pelican Hill Rd. N. to Pelican Hill Circle S.
Roadside
Hardscape
37702
0.871
3914
122
Pelican Hill Rd. N. to Pelican Hill Circle S.
Roadside
Landscape
478290
10.98
49649
122
jPelican Hill Rd. N. to Pelican Hill Circle S.
Roadside
Turf
3604
0.08
374
123
Vista Ridge Rd. - Npt. Coast to Ridge Park Rd.
Roadside
Hardscape
34647
0.80
3596
123
Vista Ridge Rd. - NpL Coast to Ridge Park Rd.
Roadside
Landscape
532557
12.23
55282
123
Vista Ridge Rd. - Npt. Coast to Ridge Park Rd.
Roadside
Turf
141765
3.25
14716
124
Ridge Park Rd. - E. of Vista Ridge to Ridge Park
Roadside
Hardscape
21274
0.491
2208
124
Ridge Park Rd. - E. of Vista Ridge to Ridge Park
Roadside
Landscape
384827
8.831
39947
124
Ridge Park Rd. - E. of Vista Ridge to Ridge Park
Roadside
Turf
1859
0.04
193
125
Ridge Park Rd.- Npt. Coast Dr. to San Joaquin
Median
liardscape
4850
0.11
503
125
Ridge Park Rd. - Npt. Coast Dr. to San Joaquin
Median
Landscape
4116
0.09
427
126
Ridge Park Rd. - Npt. Coast Dr. to San Joaquin
Roadside
Hardscape
7524
0.17
781
126
Ridge Park Rd. - Npt. Coast Dr. to San Joaquin
Roadside
Landscape
15331
0.35
1591
126
Ridge Park Rd. - Npt. Coast Dr. to San Joaquin
Roadside
Turf
10878
0.251
1129
127
Newport Coast Community Center
Roadside
Hardscape
71272
1.64
7398
127
1 Newport Coast Community Center
Roadside
Landscape
38401
0.88
3986
127
Newport Coast Community Center
Roadside
Turf
19257
0.44
1999.
128
Newport Coast Fire Station
Roadside
Hardscape
15314
0.35
1590
128
Newport Coast Fire Station
Roadside
Landscape
18087
0.42
1878
128
Newport Coast Fire Station
Roadside
Turf
815
0.021
85
129
Big Canyon Reservoir
Roadside
Hardscape
199676
4.58
2276
129
1 Big Canyon Reservoir
Roadside
Landscape
866460.
19.94
9900
130
Pump Station - Goleta Point Dr.
Roadside
Hardscape
406
0.01
5
130
Pump Station - Goleta Point Dr.
Roadside
Landscape
1094
0.03
12
••
REFERENCE TABLE:
BID UNIT LIST WITH MAP LOCATION NUMBERS
860
e •
.
•,.
131
Pump Station -Santa Barbara Dr.
Roadside
Hardscape
2765
0.06
32
131
Pump Station - Santa Barbara Dr.
Roadside
Landscape
9408
0.22
107
132
Oil Wells
Roadside
Landscape
533848
12.26
6086
133
Tamura Well Site - FV
Roadside
Hardscape
1041
0.02
12
133
Tamura Well Site - FV
Roadside
Landscape
2657
0.061
30
134
Dolphin WeIlSite - FV
Roadside
Hardscape
2903
0.07
33
134
Dolphin WeIlSite - FV
Roadside
Landscape
7120
0.16
81
109070041
ZS6.j91
981630
.
860
EXHIBIT C
1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
1.1 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.
1.2 Acceotable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City s Risk
Manager.
1.3 Coverage Requirements.
1.3.1 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.
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 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 and two million dollars ($2,000,000) completed
operations 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.
1.3.3 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 the Contractor arising out
of or in connection with Work to be performed under this 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 for each accident.
1.4 Other Insurance) Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
PARK WEST LANDSCAPE MAINTENANCE, INC. Page C-1 61
1.4.1 Waiver of Subroaation. 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 subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional 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.
1.4.3 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.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Aareements Between the Parties. The parties hereby agree to
the following:
1.5.1 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
contract. City reserves the right to require complete, certified copies of all required
Insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of I this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.5.3 Riaht to Review Subcontracts. Contractor agrees that upon
request, all contracts 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 contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
I
PARK WEST LANDSCAPE MAINTENANCE. INC.
Page C-2
62
limits or other requirements, or a waiver of any coverage normally provided by any
Insurance. Specific reference to a given overage 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 overage, or a waiver of any type.
1.5.6 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.
1.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain Insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
Insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, 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.
1.5.9 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-3
63
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
being at the rate of $ thousand of the annual
Agreement price.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terns thereof require the furnishing of a Bond for the faithful performance of the terms
and conditions of the Agreement.
WHEREAS, the City of Newport Beach, State of California, has awarded to Park
West Landscape Maintenance, Inc., hereinafter designated as the "Principal," a contract
for Landscape Maintenance Services, located in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
NOW, THEREFORE, we! the Principal, and
, duly authorized 'to transact business under the laws of the State of
California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of
Newport Beach, in the sum of Nine Hundred Eight -One Thousand Six Hundred
Thirty Dollars and 001100 ($981,630.00) lawful money of the United States of America,
said sum being equal to 100% of the estimated amount of the annual Agreement price,
to be paid to the City of Newport Beach, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreements and all exhibits attached thereto and any alteration
thereof made as therein provided on its part, to be kept and performed at the time and
In the manner therein specified, and in all respects according to its true intent and
meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully
perform the same, in an amount not exceeding the sum specified in this Bond;
otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
PARK WEST LANDSCAPE MAINTENANCE, INC. Page D -1
[Yf
EXHIBIT D
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the day of 2012.
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized SignatureTtle
Authorized Agent Signature
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
65
PARK WEST LANDSCAPE MAINTENANCE, INC.. Page D -2
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On ' 2012 before me, ,
Notary Public, personally appeared ' proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraphs is true and correct.
Witness my hand and official seal.
i
Notary Public
66