HomeMy WebLinkAboutC-8579-1 - M/RSA for Civic Center and park Landscape MaintenanceCITY OFIv,, riffs«r.r;i
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Attn: Brett McCormick
Park West Landscape Maintenance, Inc.
22421 Gilberto, Suite A
Rancho Santa Margarita, CA 92688
100 Civic Center Dr.
Newport Beach, California 92660
949 644-3011 1949 646-5204 FAX
newportbeachca.gov/publicworks
RE: Notification of 2022 CPI Adjustment to Billing Rates for contract C-8579-1 Civic Center and
Park Landscape Maintenance
Per section 4.2 of the contract, Exhibit B (Schedule of Billing Rates) shall be adjusted in proportion
to the changes in the Consumer Price Index, subject to a maximum annual increase of 2.0%. The
Consumer Price Index data to be used shall be from the month that is three (3) months prior to the
anniversary date of the agreement. The effective date of the agreement is February 1, thus CPI
adjustments will be determined based on the November data.
The updated schedule of billing rates shall be applied to all work completed on or after the
anniversary of the effective date February 1. A breakdown of the CPI adjustment is detailed below.
Applied CPI
Total CPI
CPI Increase
Percentage (if CPI
Increase from
CPI Data
0,
from Prior Year
is over the 2.0 %
2018 Billing
maximum)
Rates
2018 268.56
N/A
N/A
N/A
2019
277.239
3.23%
2.00%
2.00%
2020
280.102
1.03%
N/A
4.30%
2021
296.790
5.96%
2.00%
10.51 %
Please see the Updated Schedule of Billing Rates with the 2.00% increase. The new rates will
become effective February 1, 2022.
Landscape Manager
Micah Martin
Deputy Director of Public Works,
Municipal Operations Division
2022 Schedule of Billing Rates
Function
Turf
Unit
2022
Aerify
1,000 Square Feet
$68.32
DethatchlRenovate
Acre
$6,832.44
Ede
1,000 Linear Feet
$3.15
Fertlize
1,000 Square Feet
$10.51
Gypsum Application
at 25lbs
1,000 Square Feet
$36.79
Mow Reel Blade
1,000 Square Feet
$2.10
Mow(Rotary Blade
1,000 Square Feet
$1,58
Top Dress only
1,000 Square Feet
$110.37
Hordscape
Cleaning
1,000 Square Feet
$105.11
Powerwashing
1,000 Square Feet
$52.56
Groundcovers
Fertlize
1,000 Square Feet
$10.51
Pest Control
General Weed
Control Post
Emergent
1,000 Square Feet
$21.02
Pre-Emergent/turf or
planter
1,000 Square Feet
$21.02
Tree disease/insect
foliar spray
Tree
$89.35
Tree disease/insect
roo injections
Tree
$52.56
Shrub
Pruning/Removals
Pruning
10 Linear Feet
$21.02
Removals
10 Linear Feet
$84.09
Full Tree
Pruning/Removals
Pruning
Tree
$68.32
Removals
Tree
Per
Quote
Planting
1 Gal. Shrub
Each
$10.25
5 Gal. Shrub
Each
$29.96
15. Gal Shrub
Each
$105.11
15. Gal Tree
Each
$134.55
24 in. Box Tree
Each
$320.60
36 in. Box Tree
Each
$835.66
2022 Schedule of Billing Rates
64 Count Flat
Groundcover
Flat
$31.53
16 Count 4 in. Glat
Annual Color
Flat
$29.69
Turf - Seed and Top
Dress
1,000 Square Feet
$157.67
Turf- Sod
1,000 Square Feet
$1,471,60
Hand -spread and
rake in City Supplied
Seed
1,000 Square Feet
$105.11
Labor
Landscape
Supervisor
Hour
$68.32
Pest Control
Applicator
Hour
$52.56
Irrigation Technician
Hour
$57.81
Landscape
Maintenance
Leadworker/Driver
Hour
$47.30
Equipment Operator
Hour
$73.58
Detailed
Maintenance Worker
Hour
$31.53
Tree Trimmer
Hour
$68.32
Equipment
1-Ton Truck
Da
$735.80
Mulching
0-2 in. Mulch at 2 in.
layer
Per Yard
$52.56
Greenwaste
Dis osal/Rec clin
Ton
$367.90
PARK
Shaping
\1 WEST
Your
Environment
Date: 10/22/2020
Submitted by: Ralph Vazquez
PROPOSAL
City Of Newport Beach
Kevin Pekar
3300 Newport Beach Blvd., P.O. Box 1768
Newport Beach, CA 92658-8915
Park West Landscape Maintenance, Inc., will furnish all labor and materials to the property listed below, in a good,
workman -like and substantial manner.
Groves pedestrian Trail
DESCRIPTION OF WORK:
Furnish labor and materials to hydroseed and install irrigation to the bare areas at the Groves pedestrian trail.
1 Hydroseed mix, approx 46,000 sq ft coverage as follows: $ 45,075.00
Aristida purpurea-------- 25%
Carex proegracilis------- ZD%
Muhlenbergia ripens ---10%
Stipa lepida-------------- 15%
Stipa pulchra------------ 15%
Festuca californica----- 15%
(700) 1 gal carex divulsa on parkways shared by city and H/O.
2 Install 8 new irrigation zones (valves, pipes, sprinklers and fittings.)
3 Saw cut (5) location of trail to run irrigation sleeves and pipes.
4 Mulch areas not covered by Hydroseed.
5 Demo of dead plant material and prep work.
6 Equipment, freight and delivery charges
7 EXCLUSIONS
Permits, traffic controls, and unforseen related costs.
Controller station output board panel and programming.
$ 23, 990.00
$ 6,513.00
included
$ Z,3Z0.00
$ 9,321.00
Total: $ 87,219.00
ACCEPTED BY., Auyer/Agent's Signature Print Name Title Date
Proposal provided by: Park West Landscape Maintenance, Inc. (Contractor's License #745663)
PAYMENTS: Payments are due upon receipt of invoice. Any payment made after thirty (30) days from bifling date, shah be considered overdue and ivifl bear Interest at
the moximum legally permissible rate. A failure of payment for o period of thirty (30) days shall be considered a major breach.
22421 Gilberto Suite E, RSM CA, 92688
(949) 546-8942, Fax: (949)546-8941
www.parkwestinc.com
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR
CIVIC CENTER AND PARK LANDSCAPE MAINTENACE
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 1st day of February, 2019 ("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 address is 22421 Gilberto, Suite A, Rancho Santa Margarita,
California 92688, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance services for the Civic
Center and Park ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 31, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed One Million Two Hundred Forty Three Thousand One Hundred
Twenty Five Dollars and 00/100 ($1,243,125.00), without prior written amendment to
the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Park West Landscape Maintenance, Inc. Page 2
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Brett McCormick to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Park West Landscape Maintenance, Inc. Page 3
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Landscape Manager or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. 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, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
Park West Landscape Maintenance, Inc. Page 4
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
Park West Landscape Maintenance, Inc. Page 5
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
Park West Landscape Maintenance, Inc. Page 6
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one
hundred percent (100%) of the total amount to be paid Contractor as set forth in this
Agreement and in the form attached hereto as Exhibit D which is incorporated herein by
this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent
(100%) of the total amount to be paid Contractor as set forth in this Agreement in the form
attached hereto as Exhibit E which is incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
16. LABOR AND PREVAILING WAGE REQUIREMENT
16.1 Contractor shall comply with all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the Federal Fair Labor
Standards Act.
16.2 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 notice to City, including all relevant information.
16.3 This agreement shall be paid in accordance with Section 1770 of the
California State Labor Code and in accordance with the tenus of the Southern California
Master Labor Agreement, which has established a prevailing rate of per diem wages to
be paid in the performance of this agreement. The Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. All parties to the agreement shall be governed by all provisions of
the California Labor Code Relating to prevailing wage rates (Sections 1770-7981,
inclusive).
Park West Landscape Maintenance, Inc. Page 7
17. 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.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole 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.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
Park West Landscape Maintenance, Inc. Page 8
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Park West Landscape Maintenance, Inc. Page 9
Attn: Landscape Manager
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Brett McCormick
Park West Landscape Maintenance, Inc.
22421 Gilberto, Suite A
Rancho Santa Margarita, CA 92688
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
Park West Landscape Maintenance, Inc. Page 10
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 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.
28.3 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.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Park West Landscape Maintenance, Inc. Page 11
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Park West Landscape Maintenance, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Ll • t 3 • l 4R
:
Qr
N4on`t. Harp I►•�•►�
City Attorney
ATTEST:
Date: /7 11q
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: Park West Landscape
Maintenance, Inc., a California
corporation
Date: t l � I �i
la
James P. Tracy
Chief Executive Officer and Secretary
= SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E
— Faithful Performance Bond
Park West Landscape Maintenance, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
Park West Landscape Maintenance, Inc. Page A-1
SCOPE OF SERVICES
CIVIC CENTER AND PARK LANDSCAPE MAINTENANCE
1. DESCRIPTION OF PROJECT
A. Furnish all labor, equipment, materials, and supervision to perform landscape
maintenance as described herein including, but not limited to, the following:
1) Weeding, cultivating and brush control, both mechanically and chemically
2) Turfgrass weed eradication and control, both mechanically and chemically
3) Turf, shrub, and tree fertilization
4) Shrub and groundcover trimming, pruning, and training
5) Minor pruning and staking of trees under twelve (12) feet in height at main
library
6) Irrigation programming, monitoring, maintenance, and repair
7) General rodent, pest, and disease control on landscape planting and turf
8) Mowing, verticutting, and aerifying
9) General litter control, refuse removal, and grounds policing
10) Plant replacement
11) Hardscape cleaning
12) Maintenance of sand and wood chip areas
13) Access roadway clearance and visibility maintenance
14) General drainage structure and system maintenance
15) Drinking fountain maintenance
16) Reporting vandalism, graffiti, or any safety concerns
17) Maintenance of synthetic turf at dog park
18) Programming and monitoring of Husqvarna Auto Mower for Civic Center turf.
B. It shall NOT be the Contractor's responsibility to maintain or repair:
1) Area lighting systems
2) Fencing
3) Gates
4) Any building located at the specified site
5) Graffiti abatement
6) Vandalism
7) Signage replacements
8) Damage resulting from vehicular accidents
9) Water, sewer, and electrical lines or systems, except to the extent required in
the technical specifications of the Bid Schedules
10) Trees over twelve (12) feet in height at Central Library
2. QUALITY OF WORK AND MATERIALS
A. All material and equipment furnished by the Contractor shall be new, high-grade,
and free from defects and imperfections, unless otherwise hereinafter specified.
Workmanship shall be in accordance with the best standard practices. Both materials and
workmanship shall be subject to the approval of the Project Administrator. All materials
used shall be approved in advance by the Project Administrator.
B. The actual cost of all materials passed on to the City shall be wholesale cost of the
material. The wholesale cost shall be the actual cost paid by the Contractor reflecting the
best price, including discounts available. Receipts shall be required for reimbursements.
1) At no time shall the cost of materials exceed retail cost from the current price
list, minus the discount rates.
2) Typical costs of the irrigation parts, plant material, etc. to be submitted to the
City prior to approval.
3) All materials and inventories shall be made available to the City upon request.
C. The City reserves the right to purchase materials directly and make them available
to the Contractor. In the event the City exercises the option to purchase the materials,
the following conditions will apply:
1) Contractor shall conform to all City practices and procedures.
2) All City purchases will be for the sole expressed use of and for the City.
3) The Contractor shall secure, store, inventory, distribute and control all
materials entrusted to the Contractor's representatives.
4) The Contractor will reduce the unit cost for each maintenance task by the
City's actual cost for the materials provided and used.
3. MINIMUM STAFF REQUIREMENTS
At minimum, Contractor shall provide one (1) part time Supervisor, one (1) full-time
irrigator/foreman and two (2) full-time laborer positions. The City reserves the right to
increase minimum staffing based upon additional acres being added to the Contract.
4. WORKMANSHIP AND SUPERVISION
A. The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications expressed within
the Scope of Services. All supervisory personnel must be able to communicate effectively
in English (both orally and in writing). Any order given to supervisory personnel shall be
delivered to the Contractor. The supervisor assigned must be identified by name to
ensure coordination and continuity.
B. All hours shall be made up if there are absences to the Contractor's workforce
(including sick days and vacations.) Where advanced notice is provided by the Contractor,
the Contractor shall provide replacement staffing for those absent.
S. WORKING HOURS
A. Normal working hours shall be no more than ten (10) hours per day between the
hours of 7:00 AM and 5:00 PM. Normal working days are Monday through Friday. Unless
otherwise specified in the Scope of Work, no Saturday or Sunday work other than litter
control and refuse collection is to be scheduled without prior written permission from the
City, unless it is an emergency situation. No motorized equipment shall be operated
before 8:00 AM or after 5:00 PM.
B. For the purposes of the Scope of Work, the following Holidays shall be acceptable.
Any additional holidays requested shall be done so in advance and approved in writing by
the City.
1) Memorial Day
2) Independence Day (41" of July)
3) Labor Day
4) Thanksgiving Day
S) Christmas Day
6) New Year's Day
6. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the Project Administrator. There shall be
a minimum of a weekly meeting with the Contractor and the Project Administrator to
determine progress and to establish areas needing attention. A monthly maintenance
schedule will be submitted in writing to the City by the first day of said month. The
supervisor of this contract shall be available to meet with the Project Administrator daily
during working hours, as necessary.
B. Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor and if not
corrected, payment to the Contractor will not be made until condition is corrected in a
satisfactory manner as set forth in the specifications.
7. 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.
8. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is given
for said work and the estimate is approved in writing by the City before the work is
commenced. The Contractor will be required to provide before and after photographs of
safety items or emergency repairs which were made without prior City approval.
Documentation of contract compliance may be required on some occasions.
9. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in conformity
with the current edition of the "California Manual on Uniform Traffic Control Devices"
(http://www.dot.ca.gov/trafficops/engineering/) for use in performance of work upon
highways issued by the State of California, Department of Transportation and as directed
by City staff.
B. 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.
C. Beacon lighting visible from behind the vehicle will be installed on vehicles
working along City streets.
10. DISPOSAL
All landscape debris will be disposed of through a landscape material recycling center or
reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash,
and other debris from the operation as work progresses. The City shall not be responsible
for the disposal nor the cost of disposal. Contractor shall pay all disposal fees and provide
documentation evidence of recycling to include location, tonnage, etc. on a monthly basis
to the City.
11. RECORDS
A. The Contractor shall keep accurate records concerning all of his/her employees or
agents. The Contractor shall provide this information in an organizational chart as
changes in staffing occur.
B. The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Project Administrator. This report
should also contain a description, including staff -hours, equipment, and materials
breakdowns and costs used to accomplish any additional work which the Contractor
deems to be beyond the scope of the contract and which has been approved by the City
in accordance with the Agreement. Payment for any extra work will not be authorized
unless the additional work, and costs thereof are first approved in writing by the City in
accordance with the Agreement.
1) The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual maintenance
calendar to the Project Administrator. This maintenance calendar shall clearly
indicate all of the maintenance tasks required by this agreement and the
months of the year they are scheduled to be performed. If it is necessary to
make periodic revisions to this maintenance schedule, a modified calendar
must be submitted to the Project Administrator for approval prior to the date
the changes are to take effect.
2) The Contractor shall permit the City to inspect and audit its books and records
regarding City -provided services during regular business hours.
12. EMERGENCY SERVICES
The Contractor will provide the City with names, email addresses, and telephone numbers
of at least two (2) qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's normal
work force is not present in the City. These Contractor representatives shall respond to
said emergency within thirty (30) minutes of receiving notification.
13. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be given to the
City forty-eight (48) hours prior to each of these operations by the Contractor. "Specialty
type" maintenance operations are defined as: synthetic turf maintenance, fertilization,
turf aerification, turf dethatching, seeding, preventive and curative application of
fungicide, herbicide or any required pesticide applications, water truck operations, and
plant replacements. Positions used for specialty operations shall be in addition to those
outlined in Minimum Staff Requirements.
14. LANDSCAPE LICENSE
In addition to any and all relevant City, State and Federal permits and licenses required in
the Agreement, the Contractor shall hold a valid and current California C-27 License and
submit a copy thereof. The Contractor must be licensed as a California State Licensed
Pest Control Operator and a California State Licensed Pest Control Advisor. The name and
permit number will be supplied to the City within one (1) calendar day after effective date
of the contract, and any changes forwarded within twenty-four (24) hours of said change.
A licensed pest control operator with a qualified application license must be provided to
apply all restricted chemical materials.
15. CONTRACTOR'S OFFICE
A. Contractor is required to maintain an office within a thirty (30) minute response
time of the City and provide the office with telephone and data service during normal
working hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by mobile device.
B. Contractor will have full responsibility for maintaining an office and a storage
facility. The Project Administrator, with prior approval, may allow one utility vehicle to
be stored in the Civic Center parking garage.
C. Contractor can utilize the existing fenced storage facility in the Civic Center
parking garage, lower level.
16. SCHEDULES
A. Annual Schedule
1) The Contractor shall provide an annual maintenance schedule indicating the
time frames when items of work shall be accomplished per the performance
requirements.
2) The Contractor shall complete the schedule for each park and facility in a
manner which shall correspond to the weekly schedules.
3) The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
4) The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
B. Weekly Schedule
1) Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by
day of the week and by morning and afternoon.
2) The Contractor shall complete the schedule for each item of work and each
area of work.
3) The initial schedule shall be submitted within seven (7) calendar days after
effective date of the contract. Thereafter, it shall be submitted weekly on
Thursday mornings for City approval, prior to scheduling work for the
upcoming week beginning the following Monday.
4) Changes to the schedule shall be received by the Project Administrator at least
twenty-four (24) hours prior to the scheduled time for the work.
5) Failure to notify of a change and/or failure to perform an item of work on a
scheduled day may, at the City's sole discretion, result in deduction of
payment for that date, week or month.
6) The Contractor shall adjust his/her schedule to compensate for all holidays and
inclement weather days. Maintenance and litter removal shall be scheduled
for all holidays and inclement weather days, unless otherwise indicated by the
City.
C. Daily Schedule
Daily schedule shall be emailed to the Project Administrator before 8:00 AM each
workday. It shall list site activities of the crews. Changes to daily schedule can be
made verbally or by email to the Project Administrator.
D. Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly schedule.
17. PERFORMANCE DURING INCLEMENT WEATHER
A. 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.
B. 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.
C. The Contractor shall immediately notify the Project Administrator prior to
removing the work force from the job site for agreement on degree of inclement weather
or other reasons. If the Project Administrator cannot be reached, the Contractor shall
notify the Parks Maintenance Supervisor.
18. UNDERGROUND EXCAVATIONS
A. The Contractor shall be responsible for locating all underground utility lines to
insure the safety of his/her work crew and to protect, in place, existing utility equipment
before commencing any excavation. Contractor shall contact the Project Administrator
and Underground Service Alert (www.digalert.org) (1-800-227-2600) forty-eight (48)
hours before commencing any excavation, to locate underground service lines.
19. PESTICIDES
A. The City shall maintain all documents that pertain to the use of pesticides on its
property.
B. Contractor shall provide the Project Administrator with all of the following in
paper and electronic format:
1) A copy of Contractor's Orange County Agricultural Commissioner's
"Restricted Materials Permit/Operator I.D. numbers".
2) A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide. Recommendation shall include a label and Safety Data
Sheet for the pesticide proposed. Each complete set of recommendations
shall be submitted in a binder (provide two (2) bound copies).
3) A "Pesticide Use Daily Record" for any site that a pesticide was used, within
twenty-four (24) hours of application. Total amounts of pesticides applied
shall be submitted weekly.
4) A weekly schedule indicating locations to be treated. If a restricted pesticide
is going to be used, a copy of the "Notice of Intent To Use Restricted
Materials", must be submitted twenty-four (24) hours before application.
5) An annual proposed pesticide list including the Environmental Protection
Agency numbers and caution level of all the pesticides Contractor intends to
use for this contract, before any such use.
C. A part-time Pest Control Operator will be assigned to the contract to apply all
pesticides with a State of California Qualified Applicators License.
1) The cost of all pesticides will be borne by the Contractor.
2) The Contractor shall not use any pesticide that has not been authorized by
the Project Administrator in writing.
3) Add Alternative #1— Organic Pesticides
(a) The City may choose to use organic pesticides. Typical pesticides will
include, but are not limited to: Avenger, Engage, Suppress and Scytite.
(b) All other above pesticide specifications will still be enforced even if the
City decides to use organic pesticides with this Add Alternative.
TECHNICAL MAINTENANCE SPECIFICATIONS
1. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
A. Perform all maintenance functions in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
Maintenance Frequency Summary. The City shall have the right to determine schedule
days and the extent and frequency of additional as -needed services. Standards and
frequencies may be modified from time to time as deemed necessary by the City for the
proper maintenance of the listed facilities.
B. Conduct all operations so as to provide maximum safety for the public and
minimize disruption of the public use of City parks and facilities.
C. Keep all gutters, curbs, and walks adjacent to contract areas free of leaves,
weeds, trash, and other debris.
D. Keep sidewalks free of algae where constant runoff occurs.
E. Remove leaves, weeds, trash, and other debris from landscaped areas and
disposed of off-site.
F. Clean sidewalks, roadways, and any other areas littered or soiled by Contractor
maintenance operations.
G. Maintain the premises free of debris at all times. Upon completion of any work
project, the Contractor shall remove remaining excess materials, waste, rubbish, debris,
and his/her construction and installation equipment from the premises. Any dirt or
stains caused by the work shall be removed. Existing City trash containers shall not be
used for the disposal of debris collected by the Contractor.
H. Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
I. Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
J. Notify the City immediately of any unusual and hazardous conditions at the
work site.
K. Notify City within one (1) hour of malfunctioning facilities or conditions that may
break, malfunction, or interrupt the public's use of City facilities.
L. Provide control measures for all insects, other like pests, and diseases. Any
control measures should be approved first by the Project Administrator with written
recommendations from the Contractor's Pest Control Advisor. All rodent activity shall
be eradicated as soon as possible. Particular attention to burrowing rodents is necessary
to protect the site.
M. Remove all animal feces or other materials detrimental to human health from
park areas and properly dispose immediately.
N. Remove all broken glass and sharp objects and properly dispose immediately.
0. Inspect all areas, benches, picnic tables, statuary, and associated park amenities
daily, and maintain in a neat, clean and safe condition at all times.
P. Inspect all play and sports equipment for vandalism, safety hazards and
serviceability. Deficiencies shall be reported in writing immediately to the City.
Q. Clean all sand and wood chip areas abutting maintained areas when dirtied by
Contractor's operations and at other times as required.
R. Keep all concrete "V" drains, to include the portion under the sidewalk, of
vegetation, debris, and algae to allow unrestricted water flow.
S. Clean all other drainage facilities of all vegetation and debris. All grates shall be
tested for security and refastened as necessary. Missing or damaged grates shall be
reported to the City.
2. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
A. Drainage Facilities
1) All drainage structures shall be checked and cleaned to insure consistent
unrestricted water flow.
2) Any damage to structures shall be noted immediately to the Project
Administrator.
3) Failure to properly maintain drainage systems or to notify the Project
Administrator of damaged systems will result in the Contractor assuming full
responsibility for the repair of drainage damage to the facility.
B. Irrigation System Maintenance
1) The Contractor shall maintain the complete sprinkler system in an operable
condition in those locations where operable systems exist. This includes but
is not limited to controllers, backflow devices, flow sensors, master valves,
manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain
valves. The Contractor shall not be responsible for the water meter assembly
as he/she may cause damage to these items.
2) 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.
3) 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.
4) Contractor shall turn off irrigation systems during rains.
5) All replacements to be made with original type material or as directed.
6) Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
7) Material substitutions shall be approved by the Project Administrator.
8) Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City standard
irrigation specifications stated in Standard Materials.
9) Irrigation programming charts will be included in monthly reports in January,
April, July and October.
10) Areas shall only be irrigated between 11:00 PM and 6:00 AM.
11) Contractor will maintain master valve and flow sensors at each site. Master
valves will be tested weekly and repaired as required.
12) Irrigation replacement materials (old parts), such as, but not limited to:
irrigation valves, UNIK controllers, steam rotors, Solenoids, Add -A -Zones and
Diaphragm repair kits shall be provided to the Project Administrator for
verification.
13) City shall reimburse Contractor for the actual cost, plus fifteen percent (15%)
of all irrigation materials installed by the Contractor in the performance of
Services. Actual costs shall be the best price available to Contractor, including
all applicable discounts. Contractor shall provide City with a schedule of typical
costs of irrigation parts, plant materials and other commonly used items within
thirty (30) days from the date of the commencement of the Agreement and
within thirty (30) days of each anniversary of the Commencement Date.
Contractor shall retain records reflecting the actual cost of parts or materials
used and the performance of services required by the Agreement.
14) The City reserves the right to purchase materials or parts and make them
available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts
and/or materials. Contractor shall secure, store, inventory, distribute and
control all materials or parts provided to Contractor by City. Contractor shall
make all materials and inventory available to the City upon request.
15) Contractor shall adopt reasonable methods during the duration of the
Agreement to furnish continuous protection to City equipment and property
and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, except such losses
or damages as may be caused by the City's sole negligence or willful
misconduct.
16) Contractor shall advise the City's Project Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
17) 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.
18) Contractor shall repair damaged irrigation pipes, controllers and valves only
after the City's Project Administrator has approved a written estimate of the
cost of repair.
19) Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the irrigation systems.
20) Irrigation systems shall be thoroughly inspected by operating all control valves
and checking for proper coverage, leaks, valve actuation, proper timing, and
other operational conditions. However, the Contractor shall be responsible for
the proper operation of the system at all times and shall provide for obvious
repairs as needed. A weekly Irrigation Tracking Worksheet shall be submitted
to the City inspector, specifying locations, controller numbers, date of
inspection, and type of repairs made.
21) Contractor shall not charge labor for any irrigation repairs, unless it is pre -
approved by the City for emergency repairs on overtime.
3. TURF MAINTENANCE
A. All turf is to be mowed once per week.
B. Borders shall be edged at each mowing with a gas -powered walk -behind edger.
C. Clippings shall be collected and removed unless otherwise directed by the City.
D. Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted.
E. Chemically kill turf around trees, as needed, a maximum of six (6) inches from the
tree base or as directed by the City. If a tree wound is present, then hand trimming is
required. A two (2) inch layer of bark mulch (approved by City) shall be maintained in this
area at all times.
F. Mechanically trim around vaults, posts, and other similar features.
G. Mowing equipment shall be approved by the City. Equipment must be sharp and
properly adjusted to avoid damage to the turf plant.
H. Pick up all litter prior to mowing.
Mow turf to the following height:
1) Cool season turf including Bluegrass, Perennial Rye, Fescues: one and one-half
(1 %) inches to two and one-half (2 %) inches.
a) NOTE: The mow turf height should be in that range, provided that
Contractor never cut more than one-third (1/3) of the existing height of
the grass plant in one single mow.
J. Depth of cut shall be sufficient to remove thatch without damaging crown of turf
plant.
K. Cool season grasses shall be renovated to remove thatch as directed.
L. All turf shall be fertilized four times per year using a homogenous, pellet or
granular slow-release material. City must approve the material used. Apply at the
following rates and time:
1) January: 16-6-8 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
2) April: 22-3-9 (or approved equivalent) fertilizer at one pound actual nitrogen
per 1,000 square feet.
3) July: 21-3-5 (or approved equivalent) fertilizer at one pound actual nitrogen
per 1,000 square feet.
4) October: 16-6-8 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
5) Material shall be applied using a rotary -type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
6) The Contractor shall perform a soil fertility analysis as directed by the City in
the month of December and review the analysis with the Project Administrator
in the month of January.
7) All materials must be approved by the Project Administrator. Quantities used
must be submitted to the Project Administrator on the Monthly Fertilizer Use
Report.
M. Appropriate fungicide, weed control, and insecticide materials shall be applied to
all turf areas throughout the year on a curative basis.
1) Turf areas must be maintained in a weed -free basis.
2) Chemical control of broadleaf weeds shall be initiated as needed on all turf.
3) The pest control operator shall post all areas to be treated per label
requirements and be present on treated sites until chemicals have dried.
N. 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
0. Aerate all turf with a mechanical aerator set with one-half (1/2) inch core spoons
at not more than six (6) inch spacing and a minimum depth of four (4) inches.
1) Remove and dispose all cores.
2) Contractor is responsible for locating and marking all sprinkler components.
3) Topdress two times per year with approved topdress material
4) Apply City approved, contractor supplied, perennial rye seed mix twice per
year, at ten (10) pounds per 1,000 square feet. Contractor shall apply seed
when topdressing takes place.
5) Contractor is responsible for damages due to aeration operations.
P. Irrigate as necessary to maintain proper growth rate, optimum appearance, and
the health of the turf plant.
1) Irrigation must be scheduled to avoid either under -watering or over -watering.
2) Manually water where necessary.
3) Check operation of entire irrigation system at each site weekly, or more often
when conditions warrant, to insure proper operation of irrigation system.
Q. Control all rodent pests as necessary to provide a healthy and safe environment
for turf and public.
R. Visually inspect all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs. Correct as necessary.
S. Scheduling of mowing and turf care maintenance times will be approved by the
City. Use by the public will dictate schedules, and noise levels will be kept to an
acceptable minimum at all times.
T. Civic Center Auto Mower
1) Check mower daily to make sure it is not stuck anywhere.
2) If mower is stuck, go to the site and physically check on the mower.
3) Put a code in it to stop the alarm that goes off when someone touches it, lifts,
or rides it.
4) Constantly check the phone app to make sure the mower is doing what it is
supposed to.
5) Adjust times for mower to mow at optimum times so we do not disturb anyone
that is going in and out of City hall and for any special events occurring on the
Civic green.
6) Perform miscellaneous mower duties that the City asks for.
7) Manually mow, blow, and edge top tier once a week on Monday's in the
summer and every other Monday in the winter.
8) Edge and blow the bottom three tiers once a week on Monday's in the summer
and every other Monday in the winter.
9) Manually mow the whole lawn area (all tiers) every other month.
4. GROUNDCOVER MAINTENANCE
A. All groundcover areas shall be maintained in a trimmed, weed -free condition.
B. Weeds shall be removed as they appear. No hoeing or scuffling is allowed. A pre -
emergent herbicide shall be applied in all shrub and groundcover beds twice per year,
once in April and once in September.
C. Morning glory and grass infestations shall be treated immediately when observed.
D. Groundcover areas shall be fertilized twice per year, once in March and once in
October with JTM complete fertilizer at 15 pounds per 1000 square feet for the first two
(2) applications, then 10 pounds per 1000 square feet thereafter. Substitutions may be
considered at the City's sole discretion.
E. 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.
F. Irrigate as required to maintain adequate growth and reasonable appearance.
Manually water where necessary.
G. Control pests, including insects, fungus and rodents, as necessary to maintain a
healthy environment for plant growth.
H. Bare groundcover areas shall be kept cultivated and raked of all debris.
I. Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure
a layer of mulch at least two (2) inches thick all times.
S. SHRUB, VINE AND TREE MAINTENANCE
A. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
B. Quarterly trim all shrubs to maintain the size and shape specified by the Project
Administrator.
C. Pruning shall be accomplished to maintain a natural appearance; decorative,
poodle cuts, or other unnatural pruning will not be permitted. Beveled edges/no hard
edges will be permitted.
D. Control pests as required, including snails and insects.
E. Remove all dead, diseased, or damaged branches back to a side branch. Do not
leave branch stubs.
F. Areas shall be fertilized twice per year, once in April and once in September with
JTM complete fertilizer at 15 pounds per 1000 square feet for the first two (2)
applications, then 10 pounds per 1000 square feet thereafter. Substitutions may be
considered at the City's sole discretion.
G. 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.
H. Irrigate as required to maintain adequate growth and appearance. Manually
water or water track where necessary.
I. Careful attention not to prune or trim shrubs prior to blooming shall be made. At
the conclusion of blooming of plants, all blooms shall be trimmed off or otherwise
removed. Flower stalks on agapanthus, day lilies, morea, fountain grasses and other
similar plants shall be removed immediately after blooming or as directed by City.
J. All bare shrub bed areas shall be raked weekly to remove all litter and other debris.
K. 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.
L. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to
provide for proper, unobstructed circulation.
M. Bark mulch shall be replaced as needed and at the Contractor's expense, to
ensure a layer of mulch at least two (2) inches thick all times.
N. All plant material will be trimmed to protect property owners' ocean views, bay
views, vistas, etc. as needed or as directed by City staff.
0. Weeds shall be removed as they appear. A pre -emergent herbicide shall be used
twice per year where appropriate around shrubs, vines and trees, and as approved by the
City.
P. The Contractor is responsible for trimming all trees up to twelve (12) feet in height.
Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic
and to provide clearance from buildings, signs and other similar features.
1) Remove all suckers from base of trees as they develop throughout the year.
2) Stake and support trees as necessary. Staking and guying shall be as directed
by the City. Staking materials shall be supplied at the Contractor's expense.
3) All tree guys, ties, and stakes shall be checked regularly to avoid girdling and
damage.
4) Contractor shall stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
5) Inspect each site for dead or dying trees, broken, cracked, or hanging branches
or other hazards. Immediately notify the Parks & Trees Superintendent if any
of the above conditions exists.
6) Except for emergency removal, no tree/shrub shall be removed without prior
direction or approval of the City. Trees/shrubs badly damaged and in need of
replacement shall be brought to the attention of the Parks & Trees
Superintendent.
7) Water as required to maintain proper and vigorous growth according to
variety. Manual water where necessary.
8) Tree wells shall be maintained with two (2) inch thick layer of bark mulch at
Contractor's expense, unless groundcover is present. Weeds shall be
removed, including their roots, before they reach three (3) inches in height.
9) All trees shall be fertilized once per year with tree fertilizer spikes approved by
the City.
10) All palms shall be fertilized with Palm Plus fertilizer once in March, once in June
and once in October.
Q. 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.
R. 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.
6. HARDSCAPE MAINTENANCE
A. During each site visit, concrete (including stamped concrete) and asphalt areas,
including turn pocket fingers, driveways, parking areas, sidewalks, patios, shall be
checked and cleaned.
1) All expansion joints and cracks are to be maintained free of weeds.
2) Dirt, litter, and other debris must be removed on a weekly basis.
3) Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks & Trees Superintendent.
B. 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.
7. GENERAL GROUNDS POLICING
A. The Contractor shall provide general grounds policing and inspection five (5) days
per week, except general grounds policing and inspection will be six (6) days per week
from Memorial Day through Labor Day, including holidays.
B. Remove all litter and other debris from sites.
C. If refuse or litter is not removed during site visit, said litter or debris will be
considered an emergency and removed immediately upon notification bythe City. Failure
of said removal may result in deduction of payment for that date, week, or month.
D. Provide safety and facility inspections and immediately report any deficiencies to
the Project Administrator. Contractor shall be responsible to report below standard
conditions of all structures and fixtures, including but not limited to:
1) Light standards and fixtures
2) Walls, fences, gates, park benches, gazebos
3) Signage
4) Graffiti
E. All areas, benches, picnic tables, and associated park amenities shall be inspected
and cleaned. Contractor shall use a wet rag to wipe these down as needed.
8. SYNTHETIC TURF MAINTENANCE
A. These areas shall include bicycle trails, all asphalt, concrete and decomposed
granite walkways, and synthetic turf maintenance.
B. Contractor will follow "K9Grass" synthetic turf maintenance guidelines
(manufacturer's guidelines included).
C. All areas shall be inspected five (5) days per week, and six (6) days per week from
Memorial Day through Labor Day including holidays.
D. All areas shall be maintained in a neat, clean and safe condition at all times. Areas
shall be swept and/or raked and debris disposed of off-site in order to remove all deposits
of silt, sand, glass, paper, leaves and other debris.
E. All animal feces or other materials detrimental to human health shall be removed
from the park areas immediately.
F. Contractor will be responsible for replacing "Doggie Walk Bag" brand dog bags in
the appropriate receptacles. Workers will inspect the receptacles daily and will fill as
needed.
G. Contractor will power rake synthetic turf six times per year.
H. All broken glass and sharp objects shall be removed immediately.
I. On Monday and Thursday of each week, all areas shall be thoroughly cleaned by
sweeping or flushing with water.
J. All hard surface and synthetic turf areas shall be inspected for uplifts and/or
tripping hazards. All uplifts and/or tripping hazards shall be barricaded immediately and
the City notified verbally within two (2) hours and by written memo within twenty-four
(24) hours.
K. All play and sports equipment within hardscape areas shall be inspected for
vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing
immediately to the City.
9. DRINKING FOUNTAINS
A. Inspect, clean, and adjust five (5) days per week.
B. Report any deficiencies to the City immediately in writing.
10. NATIVE AND DROUGHT TOLERANT PARK MAINTENANCE
A. Locations:
1) See provided map for native wetland areas.
B. These requirements are in addition to all of the preceding Technical Maintenance
Specifications:
1) All native and drought tolerant plant material at these sites will be maintained
in their natural shape. All dead wood for natives will remain on the plant or
where it has fallen.
2) The areas shall be maintained weed -free. Only manual pulling or mechanical
cultivation of non-native weed species will be allowed.
3) 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.
4) All weeds will be removed manually before they can attain a height of six (6)
inches or produce seeds, whichever comes first.
5) Pulled weeds will be placed in a mantilla to prevent the seeds from coming in
contact with the ground and removed from the project site during the same
day's maintenance.
6) At several times during the year, especially during the rainy season (November
— May), the Contractor will have to make sure there is sufficient staff to
accommodate manual removal of all weeds throughout the sites. If the
Contractor fails to increase staff to accommodate timely weed removal, per
specifications, the City may hire an outside Contractor to assist in weed
removal and deduct these fees from the Contractor's monthly maintenance
invoice.
MINIMUM STAFF REQUIREMENTS
Position
# of Employees
Work Performed
Required
Location(s)
Vehicle(s)
Supervisor
Part-time
Pickup Truck or
Civic Center
equal
Foreman/ Irrigation
1
Foreman duties/
One (1) fully
Civic Center
Technician
Irrigation
stocked gator
maintenance
vehicle to be stored
onsite
Detailed
2
Detailed
Civic Center
Maintenance
maintenance
Worker
STANDARD MATERIALS
All materials used in maintenance must conform to the products listed below. Any deviation
from the approved list must be approved by the City of Newport Beach before installation. Any
item not mentioned in the Standard Materials list must be approved by the Project
Administrator.
1. TURF FERTILIZERS, ETC.
A. All commercial fertilizers must be homogenous.
B. All organic fertilizers must have lowest salinity rate possible.
C. No steer or chicken manure is allowed.
D. All fertilizers, planting medium, humus material, etc. must be City approved.
2. PLANTING
A. All selection and condition of the plant material of plant stock, seed, sod, trees,
shrubs, annuals and perennials, flowers, and groundcovers must be approved by the
Project Administrator before planting.
B. All shrubs and trees shall be planted with approved soil amendment.
C. All trees shall be planted with root barriers, tree stakes, and ties.
D. Hand -spread and rake in City Supplied seed in Native Park areas.
3. PESTICIDES
A. Roundup or equivalent.
B. Snapshot or equivalent.
C. Talstar or equivalent.
D. Merit or equivalent.
E. 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.
4. STANDARD IRRIGATION MATERIALS LIST:
A. Heads.
1) Toro 570Z-PRX-COM with Precision Series Spray Nozzle (small turf areas)
2) Rain Bird 3500 (small / medium turf areas)
3) Rain Bird 5000 (medium turf areas)
4) Toro TR50XT (medium/large turf)
5) Toro TR70XTP or Toro 2001 (large turf areas)
6) Toro 570-PRXCOM with Precision Series Rotating Nozzle (slopes &
groundcover areas)
7) Rainbird RWS Series (tree wells)
5. CONTROLLER
A. Rain Master Evolution DX2 irrigation controller with flow, radio & antenna.
6. DRIP AND SPECIALIZED LOW-VOLUME IRRIGATION
A. Rain Bird Xerigation.
B. Jardinier Surface Flow Irrigation.
C. Toro Precision Series Rotating Nozzle.
7. BATTERY -POWERED IRRIGATION
A. Toro DDCWP Battery -Powered Controller
8. MISCELLANEOUS
A. Febco 825Y RP Backflow Device.
B. Spears # DS -100 Dri-Splice Connectors with crimp sleeves.
C. Spears # DS -300 Dri-Splice Sealant.
D. Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover.
E. Griswold DW Series Valve (Control Valve).
F. Griswold DW Series Valve with DC latching solenoid (use with battery powered
controller).
G. Griswold 2160 Solenoid Valve (Normally Open Master Valve).
H. Griswold 2000 Solenoid Valve (Normally Closed Master Valve).
I. Matco 754 Series Full Port Ball Valve.
J. Schedule 40 PVC Lateral Pipes.
K. Class 315 Main Supply Pipe (2" and larger).
L. Schedule 40 PVC Main Supply Pipe (1-1/2" and smaller).
M. Rectangle Valve Box -Plastic -18"L x 12"W x 12"D.
N. Round Valve Box -Plastic -10".
0. Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
P. Rain Master EVFM Flow Sensor.
MAINTENANCE FREQUENCY SCHEDULE
FUNCTION
FREQUENCY
Irrigation Maintenance
Operational Inspection
Weekly
Program Irrigation Controllers
Weekly
Test Master Valves
Weekly
Turf Maintenance
Visual Inspection
Weekly
Mowing
Weekly
Clipping Removal
At each mowing
Edging
At each mowing, as -needed for Sports Fields
Trimming
At each mowing
Fertilize
Four times/year
Aerate
Six times/year
Topdress Application with approved
perennial rye seed
Twice/year for Sports Fields
Vertical Mow
Once/year
Thatch Removal
Once/year
Gypsum Application
Once/year for select turf sites
Pest and Weed Control
As needed
Groundcover Maintenance
Visual Inspection
Weekly
Trim
Monthly
Fertilize
Twice/year
Pre -emergent Application
Twice/year
Pest and Weed control
As needed
Shrub, Vine, and Tree Maintenance
Visual Inspection
Weekly
Rake
Weekly
Restake/Check
Each site visit/every two weeks min.
Trim
Four times/year
Fertilize
Twice/year - Once/year for trees —three/year
for palm trees
Hardscape Maintenance
Five days/week,
Six days/week Memorial Day through Labor
Day
Grounds Policing
(Including Specialty, Park Amenities,
Five days/week,
Dog park)
Six days/week Memorial Day through Labor
Day
Visual Inspection
Five days/week,
Six days/week Memorial Day through Labor
Litter Removal
Day
Specialty
Sweep or Water Flush
Twice/week
Synthetic Turf Grass
Inspect for debris
Daily
Power broom
Six times/year
Drinking Fountain Maintenance
Inspect
Five/week
Clean
Five/week
Adjust
Five/week
Site Inspection
Five days/week,
Six days/week Memorial Day through Labor
Day
SYNTHETIC GRASS MAINTENANCE GUIDELINES
9Grass.. Fo e&awri
General Guidelines
Congratulations on your new KgGrass!
While maintenance needs with rgGrass
are much borer than with many other
surfaces, proper maintenance will ensure
many years of pet -friendly play- The
following guidelines are to assist in
determining the neces=sary level of
maintenance for your installation.
Grooming
The turf should be occasionally groomed with a stiff bristled push
broom or plastic grass rake. For larger areas, a power broom may
be used. This tivill help the blades to stand upright. Areas of heavy
traffic may require more attention than other areas.
!t is also recommended that hair build up be monitored and a hair
removal process periodically takes place. Frequency will be based
on the number of dogs and the degree to which they shed. This
can be accomplished with a power broom, plastic rake, or a small
rubber bristle broom.
Periodic Cleaning
Since K96rass is made of non-absorbent polyethylene fibers and
contains antimicrobial.AlphaSarnE, the concerns for staining and
housing of odors and bacteria are minimal.
Solid waste should be removed and cisposed of immediately and
soiled areas rinsed regularly_ Required frequency of cleaning will be
based on multiple variables. Factors such as the number of dogs,
the type of use (play or effminadonl. frequency of rain, as well as
personal preference should all be -considered. Rinsing will remove
residue from the blades while moving waste through the base. A
commercial disinfectant ;as well as an optional odor neutralizer)
may also be used.
Most cleaning products are safe to use With KgGrass. lbwever, any
agent that contains bleach in a solution of greater than 1:20 should
not be used. (A 1:32 ratio of bleach to water is sufficient to
neutralize Parvo virus)- It is recommended that any cleaning prcduct
be applied in a small test area first. Contact your local authorized
Fcreveriawn dealer if you have any concem regarding a specific
product.
The following is a list of known cleaners used by ForeverLavn
KgGrass customers:
• KannelSol
• RarroSol
. KQ-Zvme
• "Jature's Miracle
• 'appy Lave
• Simple solutions
Gdor Mute
• Eliminator
• Stench and Stain Digester
• Buckeye Watchdog
• White Distilled Vinegar 'Nater {SO%,S %j
Other Guidelines
A brush and/or sweeper should be used to remove dirt or debris,
which may accumulate on the turf as a result of use. This can
be accomplished with a leaf blower, leaf vacuum, grass rake, or
push broom.
Sunflower seeds, chewing gum, tobacco products or other
foreign substances should not be used on, or dropped on the
crass. If such products get on the grass surface, they should be
removed immediately. Ftrewarks, sparklers and other flammable
items can damage the grass. These should not he used or set
off on the grass surface.
Use of equipment (other than a broom, power broom, plastic
rake, leaf blower or water hose) such as vacuum sweepers,
heaters or snow blowers is acceptable, but potential damage
shall be at the risk of the user. Additionally, motorized vehicles
should be used with caution. =oreverLawn is not responsible for
damaae caused by such equipment.
For additional questions or commentss regarding the care and
maintenance of your ForeverLavn. please ecntact your local
authorized lFareverLawn dealer
REQUIRED REPORTS
1. Daily
A. Daily email with work assignments of crew.
2. Weekly
A. Weekly Maintenance Schedule, including approved extra work and chemical use
schedules.
B. Weekly Master Valve/Flow Sensor inspection checklist.
C. Weekly Performance Report.
D. Weekly irrigation inspection check list (to include controller and site inspection for all
sites and a list of any repairs required). A weekly Irrigation Tracking Worksheet shall
be submitted to the Project Administrator, specifying locations, controller numbers,
date of inspection, and type of repairs made.
3. Monthly
A. Monthly Chemical Use Report (As sent to the County Agriculture Commission), daily
as needed for certain applications.
B. Monthly Fertilizer Use Report.
C. Monthly maintenance inspection list for all sites, performed by the Contractor
supervisor.
D. Required tailgate safety meeting records, include with Monthly Maintenance Report.
E. Monthly pest control inspection for all sites conducted by a Qualified Licensed
Applicator.
F. Monthly maintenance report which includes Monthly Greenwaste Report.
4. Quarterly
A. Irrigation controller programming charts, submitted quarterly (January, April, July,
October).
S. Annually
A. Annual Maintenance Schedule which includes: Organization chart, mow and trash
schedules, once per year submittal.
B. Annual pesticide safety training records.
C. Annual Proposed Pesticide List with EPA numbers, Pesticide Recommendations,
Labels and Material Safety Data Sheets.
EXHIBIT B
SCHEDULE OF BILLING RATES
Park West Landscape Maintenance, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
I. TOTAL COMPENSATION
Contractor's compensation for all Services performed
Agreement, including all reimbursable items, Extra Work, and
Rates, shall not exceed One Million Two Hundred Forty Three
Twenty Five Dollars and 00/100 ($1,243,125.00).
II. BILLING RATES
in accordance with this
adjustments to the Billing
Thousand One Hundred
A. Contractor shall bill the City monthly for performance of the Services at the rate
of Sixteen Thousand Two Hundred Fifty Dollars and 00/100 ($16,250.00), which shall be
subject to annual adjustment as set forth in Section 4.2 of the Agreement.
B. Additionally, any and all authorized Extra Work performed by Contractor shall
be billed to the City monthly on a time and expense basis based on the following rates.
The following rates shall be subject to annual adjustment as set forth in Section 4.2 of the
Agreement.
Function Cost
Function Cost Unit
Turf
Aerify
$ 65.00
1,000 Square Feet
Dethatch/Renovate
$ 6,500.00
Acre
Edge
$ 3.00
1,000 Linear Feet
Fertlize
$ 10.00
1,000 Square Feet
Gypsum Application at 25lbs
$ 35.00
1,000 Square Feet
Mow (Reel Blade)
$ 2.00
1,000 Square Feet
Mow (Rotary Blade)
$ 1.50
1,000 Square Feet
Top Dress only
$ 105.00
1,000 Square Feet
Hardscape
Cleaning
$ 100.00
1,000 Square Feet
Powerwashing
$ 50.00
1,000 Square Feet
Groundcovers
Fertlize
$ 10.00
1,000 Square Feet
Pest Control
General Weed Control Post Emergent
$ 20.00
1,000 Square Feet
Pre-Emergent/turf or planter
$ 20.00
1,000 Square Feet
Tree disease/insect foliar spray
$ 85.00
Tree
Tree disease/insect roo injections
$ 50.00
Tree
Shrub Pruning/Removals
Pruning
$ 20.00
10 Linear Feet
Park West Landscape Maintenance, Inc. Page B-1
Removals
$ 80.00 10 Linear Feet
Full Tree Pruning/Removals
Pruning
$ 65.00
Tree
Removals
Per Quote
Tree
Planting
1 Gal. Shrub
$ 9.75
Each
5 Gal. Shrub
$ 28.50
Each
15. Gal Shrub
$ 100.00
Each
15. Gal Tree
$ 128.00
Each
24 in. Box Tree
$ 305.00
Each
36 in. Box Tree
$ 795.00
Each
64 Count Flat Groundcover
$ 30.00
Flat
16 Count 4 in. Glat Annual Color
$ 28.25
Flat
Turf - Seed and Top Dress
$ 150.00
1,000 Square Feet
Turf - Sod
$ 1,400.00
1,000 Square Feet
Hand -spread and rake in City Supplied Seed
$ 100.00
1,000 Square Feet
Labor
Landscape Supervisor
$ 65.00
Hour
Pest Control Applicator
$ 50.00
Hour
Irrigation Technician
$ 55.00
Hour
Landscape Maintenance Leadworker/Driver
$ 45.00
Hour
Equipment Operator
$ 70.00
Hour
Detailed Maintenance Worker
$ 30.00
Hour
Tree Trimmer
$ 65.00
Hour
Equipment
1 -Ton Truck
$ 700.00
Day
50
0-2 in. Mulch at 2 in. layer
$ 50.00
Per Yard
Greenwaste
Disposal/Recycling
$ 350.00
Ton
Park West Landscape Maintenance, Inc. Page B-2
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Park West Landscape Maintenance, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5 -year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions.-
A.
rovisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees 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.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
Park West Landscape Maintenance, Inc. Page C-2
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
Park West Landscape Maintenance, Inc. Page C-3
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any 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.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this 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.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Park West Landscape Maintenance, Inc. Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Park
West Landscape Maintenance, Inc. hereinafter designated as the "Principal," an
agreement for maintenance and/or repair services, 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.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of One Million Two Hundred Forty Three Thousand One Hundred Twenty
Five Dollars and 00/100 ($1,243,125.00), lawful money of the United States of America,
said sum being equal to 100% of the estimated amount payable by the City of Newport
Beach under the terms of the Agreement; 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 subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Park West Landscape Maintenance, Inc. Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named 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 above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Park West Landscape Maintenance, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who 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 signatures(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
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Park West Landscape Maintenance, Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Park
West Landscape Maintenance, Inc. hereinafter designated as the "Principal," an
agreement for Landscape Maintenace for Civic Center and Park , 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.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
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 One
Million Two Hundred Forty Three Thousand One Hundred Twenty Five Dollars and
00/100 ($1,243,125.00) lawful money of the United States of America, said sum being
equal to 100% of the estimated amount of the Agreement, 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 Agreement 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 City, only in the
event 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 Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Park West Landscape Maintenance, Inc. Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
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 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 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized SignaturelTitle
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Park West Landscape Maintenance, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who 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 signatures(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
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On 20 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 signatures(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
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Park West Landscape Maintenance, Inc. Page E-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 12/20/18 Dept./Contact Received From: Shelby
Date Completed: 1/7/19 Sent to: Shelby By: Jan
Company/Person required to have certificate: Park West Landscape, Inc. — Civic Center contract
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/18 — 10/1/19
A.
INSURANCE COMPANY: Executive Risk Indemnity Inc
B.
AM BEST RATING (A-: VII or greater): A++ / XV
INSURANCE COMPANY: Federal Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT —please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
E
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ No
G.
included): Is it included?
❑ Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
H.
HIRED AND NON -OWNED AUTO ONLY:
is not limited solely by their negligence) Does endorsement
❑ Yes
❑ No
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/18 — 10/1/19
A.
INSURANCE COMPANY: Federal Insurance Company
B.
AM BEST RATING (A-: VII or greater) A++/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
N Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
N Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
N N/A
❑ Yes
❑ No
1.
NOTICE OF CANCELLATION:
❑ N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/1/18 —10/1/19
A. INSURANCE COMPANY: Federal Insurance Company
B. AM BEST RATING (A-: VII or greater): A++ / XV
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY 10/1/18-10/1/19 AXIS SURPLUS LINES INSURANCE CO
Rated: A+ / XV, Non -admitted Limits: $5M ❑ N/A ® Yes ❑ No
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® N/A ❑ Yes ❑ No
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval required for non -admitted Pollution Liability carrier. 10/16/18 Risk Management
approved use of carrier.
Approved:
Risk Management
* Subject to the terms of the contract.
Date