HomeMy WebLinkAboutC-2160 - Park and Turfgrass Maintenance/Roadside Landscape MaintenanceCONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this 13(/i, day of 0 of 2001, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"),
and TruGreen LandCare, Inc., a California Corporation ( "Contractor or TruGreen "), is
made with reference to the following Recitals:
RECITALS
WHEREAS, In 1995, the City determined it to be in the City's best economic
interests to maintain medians and roadsides by private contract.
WHEREAS, On April 8, 1996, City entered into a contract with a private
contractor, California Landscape Maintenance, Inc. (CLM) to perform landscape
maintenance functions on medians and roadsides.
WHEREAS, In January 2000, California Landscape Maintenance, Inc. was
purchased by TruGreen — ChemLawn company and recently began to operate in the
City under the name of TruGreen LandCare Inc. TruGreen assumed the duties and
responsibilities of CLM under the contract.
WHEREAS, The Contractor desires to enter into a new Agreement to provide
services to the City and acknowledges that the City has relied upon its representations
and commits to faithfully perform the services required by this Agreement and in
accordance with the terms and conditions of this Agreement.
WHEREAS, The Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one (1) year. The term shall
commence within ten (10) working days of City Council Approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any automatic extension, of its intent to terminate this Agreement at
the conclusion of the initial term or any extension.
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2. CONTRACTOR STIES to
Contractor shall perform the services specifically described in, and in strict
compliance with the Scope of Work ( "Contract Services ") requirements of Exhibit A at
the median and roadside locations listed in Exhibits B and C. The Contract Services
shall be performed at least as frequently as specified in Exhibit D. City shall have the
right to alter frequency of maintenance as necessary to ensure highest industry
standards of maintenance. Contract Services relative to the installation of material, the
application of substances, or the planting of landscaping shall be in strict conformance
with Exhibit E. Reports will be submitted by the Contractor in accordance with Exhibit
F. Bid Unit Prices and Costs are contained in Exhibits G through J. All of the
Exhibits are considered to be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be monitored by a
certified California Landscape Contractors Association Landscape
Technician I (irrigation). All pesticide operations, where required, shall be
performed by a California State Licensed Pest Control Operator through
written recommendation by a California State Licensed Pest Control
Advisor. Contractor shall be responsible for compliance with all local,
state, and federal laws and regulations regarding pesticide usage.
Contractor shall employ or retain, at its sole cost and expense, all
professional and technical personnel (in addition to irrigation and pesticide
specialists) necessary to properly perform Contract Services,
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Parks and Tree
Maintenance Superintendent when performing Contract Services. All
Contractor personnel shall wear identification badges or patches. Those
contract employees working in or adjacent to traffic zones shall wear
orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
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F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards (mowers, etc.).
All vehicles shall bear the identification of the Contractor and clearly post
"Serving the City of Newport Beach."
G. Contractor shall provide an Operation Manager to coordinate work with
the City Administrator and ensure satisfactory performance of Contract
Services. An area supervisor shall coordinate work crews on a daily basis
to ensure compliance with the terms of this Agreement.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $231,273.88 per year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices ".
5.
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means
of conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit E in
performing Contract Services. Any deviation from the materials described
in Exhibit E shall not be installed unless approved in advance by the City
Administrator.
B. Subject to the provisions of Section 7, City shall reimburse Contractor for
the actual cost, plus fifteen percent (15 %), of all materials installed by
Contractor in the performance of Contract Services. Actual cost shall be
the best price available to Contractor including all applicable discounts.
Contractor shall provide City with a schedule of typical costs of irrigation
parts, plant materials and other commonly used items within thirty (30)
days from the date of this Agreement. Contractor shall retain records
reflecting the actual cost of parts or materials used and the performance of
services required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts
and /or materials. Contractor shall secure, store, inventory, distribute and
control all materials or parts provided to Contractor by City. Contractor
shall make all materials and inventory available to the City upon request.
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7. REPAIR/REPLACMENT
A. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or it agents, employees,
representative or officers.
C. Contractor shall repair damaged irrigation pipes, controllers and valves
only after the City Administrator has approved a written estimate of the
cost of repair.
D. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover, mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the
services required by this Agreement or has been damaged by the acts of
Contractor or its employees. Contractor shall replace plant materials
damaged or destroyed by the acts of others only after the City
Administrator approves a written estimate of the costs of replacement
including materials and labor costs.
8. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of the Agreement.
9. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, and employees from and against any loss, damages,
liability, claims, costs, expenses or damages, including, but not limited to,
bodily injury, death, personal injury, property damages, attorneys fees and
court costs arising from, or in any way related to, the performance of
Contract Services required by this Agreement, provided, however,
Contractor's obligation in this regard shall not apply in the event of the
sole negligence, fraud or willful misconduct by City, its officials, agents,
employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council, boards
and commissions, officers and employees from and against any and all
loss, damages, liability, claims, costs and expenses whatsoever, including
reasonable attorneys' fees, which may accrue to any and all persons, or
business entities furnishing or supplying work, services, materials,
equipment or supplies to Contractor in the performance of services under
this Agreement.
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C. In the evenRtt at Contractor and City are sued b• third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees and representative
harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third
party against the City.
INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of Califomia, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage;
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D. Endorsem• to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
1. Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense,
any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
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B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted
monthly of all calls from the City of Newport Beach General Services
Department and the City of Newport Beach Police Department to the
Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
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B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional turfgrass maintenance or landscape
maintenance services as requested by the Administrator. The
Administrator may give verbal authorization for additional services up to
five hundred dollars ($500).
B. City reserves the right to withdraw certain median or roadside locations
from the Scope of Work to be performed by Contractor pursuant to this
Agreement. City shall notify Contractor in writing of its intent to do so at
least thirty (30) days prior to the effective date of withdrawal of any
location. In the event a location is withdrawn from the scope of services,
compensation to Contractor shall be reduced in accordance with the bid
unit costs specked in Exhibits H and I. In the event the location is
withdrawn for a period of less than a full one (1) year term, Contractor's
compensation shall be reduced on a prorated basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor during
the performance of the Agreement, such dispute shall be decided by the City Manager
and his decision shall be final and binding upon Contractor and his sureties.
16. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to fifteen
thousand dollars ($15,000) as security for the Faithful Performance of this Agreement.
18. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. WheneverPontractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all
relevant information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment based on
race, religion, color, sex, handicap, national origin, or other basis that violates the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
22. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from Cii to Contractor shall be
addressed to Contractor at:
TruGreen LandCare, Inc.
1150 West Trenton Avenue
Orange, CA, 92867
23. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. This Agreement may be terminated at anytime, without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City
shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of
termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the level of maintenance falls below appropriate
landscape or hardscape maintenance standards and /or Contractor fails to
satisfactorily perform Contract Services. City shall have the right to return
funds withheld until the City Administrator determines that Contract
Services are performed as well as required by this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that the court with jurisdiction over the action may determine and fix
reasonable attorneys' fees and expenses to be paid to the prevailing party.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the performance of
Contract Services.
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26. WAIVER
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A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
27. INTEGRATED CONTRACT
The April 1996 agreement is terminated as of the effective date of this
Agreement. This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties concerning the services to be provided
under this Agreement. All preliminary negotiations and agreements of whatsoever kind
or nature are merged in this Agreement. No verbal agreement or implied covenant shall
be held to vary the provisions hereon. Any modification of this Agreement will be
effective only by written execution signed by both City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
Daniel K. Ohl, De uty City A orney
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CITY OF NEWPORT BEACH
A Municipal Corporation
By: •w✓�
TruGreen LandCare, INC.
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LIST OF EXHIBITS
Exhibit A
Specifications for Contract of Landscape Maintenance
City Median and Roadside Areas
Scope of Work
Exhibit B
Median Maintenance Locations
Exhibit C
Roadside Maintenance Locations
Exhibit D
Maintenance Frequency Summary
Exhibit E
Standard Materials
Exhibit F
Required Reports
Exhibit G
Bid Unit Prices
Exhibit H
Bid Unit Costs — Medians Maintenance
Exhibit I
Bid Unit Costs — Roadsides Maintenance
Exhibit J
Bid Unit Costs — Median and Roadside Areas
Added to the Original Contract
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EXHIBIT A
SPECIFICATIONS FOR CONTRACT
OF LANDSCAPE MAINTENANCE
CITY MEDIAN AND ROADSIDE AREAS
SCOPE OF WORK
The contractor shall provide the following services and meet the following specifications:
1. SCOPE OF WORK
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 with
chemicals.
2. Fertilizing.
3. Shrub and groundcover trimming, pruning, training.
4. Minor tree pruning and staking.
5. Irrigation monitoring, maintenance, and repair.
6. General pest control.
7. Mowing, verticutting, and aerifying.
8. General litter control, refuse removal, and grounds policing.
9. Plant replacement.
10. Hardscape cleaning.
11. Access roadway clearance and visibility maintenance.
12. General drainage structure and system maintenance.
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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
6. Vandalism
7. Signage
8. Damage resulting from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent
required in the Technical Specifications of the Bid Schedules.
10. Trees over 8 feet in height (except minor pruning and staking)
11. Hardscape, (curbs, gutters, sidewalks, etc.)
2. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00 AM
and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be
scheduled without permission from the City, unless it is an emergency situation. No
motorized equipment shall be operated before 8:00 AM nor after 5:00 PM
3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest landscape
maintenance standard, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the sites.
B. If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate pgMent from the Contractor
until services are rendered in accordance with specifications set forth within
this document and providing no other arrangements have been made between
the Contractor and the City. Failure to notify of a change and/or failure to
perform an item or work on a scheduled day may result in deduction of
payment for that date or week. Payment will be retained for work not
performed until such time as the work is performed to City standard.
C. The Contractor is required to correct deficiencies within the time specified by
the City. If noted deficient work has not been completed, payment for subject
deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments.
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4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a weekly meeting with the Contractor and
the City representative to determine progress and to establish areas needing
attention. A monthly maintenance schedule will be submitted in writing to the
City at the beginning of said month.
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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to Marcelino Lomeli, Park and Tree
Maintenance Superintendent, General Services Department, City of Newport Beach,
3300 Newport Blvd., P. O. Box 1768, Newport Beach, CA 92658 -8915.
7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is
given for said work and the estimate is approved by the City before the work is
commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval (excluding minor irrigation repairs). Documentation of contract
compliance may be required on some occasions.
8. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in
conformity with the "The California Manual on Uniform Traffic Devices" for
use in performance of work upon highways issued by the State of Califonva,
Department of Transportation and as directed by City staff.
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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.
9. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall pay
all disposal fees and provide documentation evidence of recycling to include
location, tonnage, etc. on a monthly basis to the City.
10. RECORDS
A. The contractor shall keep accurate records concerning all of his/her employees
or agents and provide the City with names and telephone numbers of
emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report monthly to the Park and Tree
Maintenance Superintendent. This report should also contain a description,
including man- hours, equipment, and materials breakdowns and costs used to
accomplish any additional work which the contractor deems to be beyond the
scope of the contract. Under ordinary conditions, payment for this work will
not be authorized unless the additional work, and costs thereof, are first
approved in writing by the City. Irrigation programming schedules will be
submitted monthly. A phone log will be submitted monthly of all calls from
the City of Newport Beach General Services Department and the City of
Newport Beach Police Department to the Contractor, whether or not those calls
require a request for service, and a description of the action taken from the City
call.
C. 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 Park and Tree Maintenance Superintendent. This maintenance calendar
shall clearly indicate the all of the major 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 Park and Tree Maintenance
Superintendent for approval prior to the date the changes are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and records
regarding City- provided services only at any reasonable time.
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11. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at least
two qualified persons who can be called by City representatives when emergency
maintenance conditions occur during hours when the Contractor's normal work force
is not present in the City of Newport Beach. These Contractor representatives shall
respond to said emergency within thirty (30) minutes from receiving notification.
12. 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.
weed control, turf aerification, turf dethatching, seeding preventive and curative
application of turf fungicide, all pesticide applications and plant replacements.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and submit a
copy thereof. The Contractor must also maintain a California State Licensed Pest
Control Operator and a California State Licensed Pest Control Advisor or have one
on staff. The name and permit number will be supplied to the City at the beginning
of contract, and any changes forwarded within twenty -four (24) hours of said
change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working hours.
During all other times, a telephone answering service shall be utilized and the
answering service shall be capable of contacting the Contractor by radio or pager.
Contractor shall have a maximum response time of thirty (30) minutes to all
emergencies. There will be no on -site storage of equipment or materials. Contractor
will have full responsibility for maintaining an office and yard.
15. 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 facility and in a
manner which shall correspond to the weekly schedules.
5
• •
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 one week prior to the effective date
of the contract. Thereafter, it shall be submitted weekly on Thursday
mornings.
4. Changes to the schedule shall be received by the Parks and Tree
Maintenance Superintendent at least twenty -four (24) hours prior to the
scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may result in deduction of payment for that date or week.
6. The Contractor shall adjust his/her schedule to compensate for all
holidays. Maintenance and litter removal shall be scheduled for all
holidays, unless otherwise indicated by the City.
C. PERFORMANCE ON SCHEDULE
1. 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.
16. 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.
0
0 9
1. 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.
2. The Contractor shall immediately notify the Parks and Tree Maintenance
Superintendent when the work force has been removed from the jobsite
due to inclement weather or other reasons.
3. The Contractor shall restake and re -tie trees or other such activities as
required as a result of inclement weather. The Contractor will stay
available to assist in any storm related damage repair.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the
safety of his/her work crew and to protect in place existing utility equipment before
commencing any excavation. Contractor shall contact the Park and Tree
Maintenance Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48
hours before commencing any excavation, to locate underground service lines.
18. PESTICIDES
The City must maintain all documents that pertain to the use of pesticides on its
property. Contractor must provide the Park and Tree Maintenance Superintendent
with all of the following:
1. A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit/Operator I.D. # ".
2. A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used,
within twenty -four (24) hours of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent
To Use Restricted Materials ", twenty -four (24) hours before application.
5. A list and EPA numbers of all the pesticides Contractor intends to use for
this contract, before any such use.
6. The contractor shall not use any pesticide that has not been authorized by
the Park and Tree Maintenance Superintendent.
7. All pesticides proposed to be used must be submitted to City with
application location and written recommendation from the Contrator's
0
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.
19. PLANT STOCK
All selection and condition of the plant material of plant stock, trees, shrubs, annuals
and perennials, flowers, and ground covers must be approved by the Parks and Trees
Maintenance Superintendent before planting.
8
0 0
EXHIBIT B
Median Maintenance Locations
Area
Acres
G St. X Balboa Blvd.
0.054
Balboa Blvd. - Medina Way to 21 st St.
0.034
Balboa Blvd. - Medina Way to 21st St.
0.223
McFadden Interchange Medians
0.293
Villa Way X 29th St.
0.034
M St. Median
0.093
Via Lido - Newport Blvd. to Via Operto
0.063
Newport Blvd. X Via Lido
0.16
Clubhouse X Finley
0.038
Balboa Blvd. - PCH to 32nd St.
0.385
Superior Ave. North of PCH
0.409
Newport Blvd. - PCH to Industrial Way
1.013
PCH - Santa Ana River to Newport Blvd.
1.877
PCH - E. of Riverside Avenue
0.093
St. James Road X Kings Place
0.033
Margaret Dr. between Tustin & Irvine
0.007
Westcliff Dr. - Irvine Ave to Dover
0.284
Triangular median - Westcliff X Dover
0.138
Dover Dr. - Westcliff to PCH
0.822
hrvine Ave. at Westcliff
0.034
Irvine Ave. @ Westcliff - Westcliff to Dover
0.5
hrvine Ave. - Dover to Holiday Road
0.524
Irvine Ave. - Santiago to University
1.409
Jamboree Road - Bristol to PCH
5.143
University Dr - Jamboree to MacArthur
0.284
Vista Del Sol
0.437
Ford Road - Jamboree to San Miguel
1.221
San Miguel - Ford Road to Avocado
2.576
San Joaquin - Spyglass to Backbay Rd.
4.806
PCH - Larkspur to Newport Coast Dr.
1.185
PCH - Iris to Goldenrod
0.156
MacArthur at PCH
0.037
PCH - Dover to Goldenrod
2.914
El Paseo Dr
0.101
Avocado - Waterfront to PCH
0.516
Park Avenue
0.691
Total Acreage
28.587
EXHIBIT C
Roadside Maintenance Locations
Area
Acres
Cannery Village Parking Lot
0.387
28th & 30th St. Parking Lots
0.83
McFadden Parking Lot
0.882
19th St. Street end - bayside
0.025
Manna Park Parking Lot
0.276
13th St. Street end - bayside
0.059
12th St. Street end - bayside
0.059
11 st St. Street end - bayside
0.059
F St. Street end - bayside
0.041
Palm Street Parking Lot
0.338
Miramar Dr. and Balboa Blvd.
0.107
I St. Street end - bayside
0.056
L St. Street end - oceanside
0.063
M St. St. Street end - oceanside
0.049
Via Oporto X Central Parking Lot
0.403
Short St. X Newport Blvd. Roadside
0.264
OCTA Bus Stop - Balboa Blvd. X 46th
0.045
OCTA Bus Stop - Balboa Blvd. X River
0.057
Newport Island entrance planters
0.023
37th - 41 st St. Street ends off Seashore
0.011
Prospect Street ends off Seashore
0.004
Orange Street ends off Seashore
0.002
Summit St. planter
0.032
Cappy's trail/bench area
0.172
W. PCH Roadsides
2.847
Superior X PCH Parking Lot
1.836
N.W. Quadrant - Newport Blvd. X PCH
1.174
S.W. Quadrant - Newport Blvd. X PCH
0.379
S.W. Quadrant - Newport Blvd. X PCH
0.918
S.E. Quadrant - Newport Blvd. X PCH
0.813
Newport Blvd. Roadsides
10.523
Mariners Mile Parking Lot
1.269
Rocky Point/Pelican Wall
0.09
Dover X Westcliff
0.82
PCH Ba shore Soundwall
0.328
OCTA Bus Stop - Bayshore Dr. X PCH
0.264
Dover Dr. Arterials - Westcliff to Manners
1.308
Dover Dr. Arterials -(N) Irvine Ave. to Manners
0.101
Dover Dr. Arterials -(S) Irvine Ave. to Manners
0.418
Westcliff Dr. Arterial (Groves)
0.674
Westcliff Dr. X Santiago
0.072
0 0
EXHIBIT C
Roadside Maintenance Locations
Area
Acres
Groves Bike Trail
1.602
Irvine Ave. Arterial N of Private Road
0.286
Tustin Avenue Street End
0.047
Anniversary Lane Roadside
0.149
Jamboree Arterial - Bison to Eastbluff Dr. (S)
0.498
Jamboree Big Canyon Roadside
0.431
Port Dunbar Drive Roadside
1.267
Spyglass Hill Road Roadsides
3.294
San Joaquin Hills Road Roadsides
4.59
PCH - Seaward to Cameo Highlands
0.496
Larkspur Street End
0.05
Jasmine Street End
0.098
Femleaf Ramp
0.23
Bayside Drive - Jamboree to Marguerite
1.367
PCH - Jamboree to Avocado
2.644
PCH - Bayside Drive to Jamboree
0.597
Jamboree - PCH to Bayside
0.323
Promentory Bay Plaza
0.118
Promentory Point & Channel Walk
0.471
Balboa Island Entrance
0.057
Balboa Island - Grand Canal Bridge
0.012
Total Acrea a
46.705
• EXHIBIT D •
Maintenance Frequency Summary
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Once/Week
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
3 /year
Vertical Mow
1 /year
Aerate
2 /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice a year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Pre-emergent herbicide
Per manufacturers recommendation
Shrub, Vine, & Tree Maintenance
Trim
4 /year
Fertilize
Twice a year
Pest and Weed Control
As needed
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Pre - emergent herbicide
Per manufacturers recommendation
Hardsca a Maintenance
Each site visit/weekly min.
Grounds Policing/Litter Removal
Each site visit/ 4/ weekly
• EXHIBIT E •
Standard Materials
All material used in maintenance must conform to the products listed below.
Any deviation from the approved list must be approved by the City of
Newport Beach before installation. Any item not mentioned in the Standard
Materials list must be approved by Parks and Tree Maintenance
Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird 4ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Elect. Valve
6. Rainmaster Evolution DX2
7. Rainmaster EVMV 2 way master valve
8. Rainmaster EVFM Flow sensor
9. Rainmaster EV -SEN ADJ moisture sensor
10. Matco 754 Series Full Port Ball Valve
11. Class 200 PVC Lateral Pipe
12. Class 315 PVC Main Supply Pipe 1 ' /2" and Larger
13. Schedule 40 PVC Main Supply Pipe 1 Y4" and Smaller
14. Rectangular Valve Box - Plastic -18 "L x 12 "Deep
15. Round Valve Box — Plastic —10"
16. Rainbird #44 Quick Coupling Valve with Vinyl Cover
17. Control Wire: AWG, U.F. 600 -Volt Direct Burial Copper with PVC Insulation
18. Head model to be selected by the City
a. Toro 570 Pop Up
b. Toro 300 Series Stream Rotor -Pop Up
c. Toro XP 300 Series — Pop Up
d. Toro 640 Series — Turf Head
e. Toro 500 Series Shrub Flood Bubbler
f. Toro 2001 Turf Rotor
g. Toro V1550
TURF FERTILIZERS, ETC:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible
3. No steer nor chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
EXHIBIT F 0
Required Reports
1 Annual Maintenance Schedule
2 Weekly Maintenance Schedule
3 Weekly Performance Report
4 Monthly Chemical Use Report (as sent to County Agriculture Commission)
5 Monthly Fertilizer Use Report
6 Proposed Pesticide List with EPA numbers
7 Monthly Phone Log with action taken
8 Weekly irrigation check list (to include controller and site inspection for all
site and a list of any repairs required)
9 Monthly irrigation controller programming charts
10 Extra work approval list
11 Weekly maintenance inspection list for all sites
12 Manual irrigation schedule
13 Annual pesticide safety training records
14 Required tailgate safety meeting records
15 Monthly maintenance report
16 Monthly greenwaste recycling report
17 Water truck schedule
• !
EXHIBIT G
BID UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope of work,
including additions and deletions on work not performed, the Contract Sum shall be
adjusted in accordance with the following unit prices, where the City elects to use this
method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid proposal.
Unit prices listed below refer to all items installed and the Construction Documents
and include all costs connected with such items; including but not limited to, materials,
labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be charged
or credited for labor and materials to be provided regardless of the total number units
and/or amount of labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the RFP.
COST/UNIT OF MEASURE
TURF
Turf Mow
$1.50 /1000 Sq. Ft.
Turf Mow and Clippings Picked Up
1.65 /1000 Sq. Ft.
Turf Edge
2.50 /1000 Linear Ft.
Turf String Trim
3.25 /1000 Linear Ft.
Turf Chemical Edge 6" Swath
7.00 /1000 Linear Ft.
Turf Chemical Edge 12" Swath
14.00 /1000 Linear Ft.
Turf Aerify
2.30 /1000Sq1t.
Turf Fertilize
2.10 /1000 Sq. Ft.
Turf Dethatch/Renovate
150.00 /1000 Sq. Ft
HARDSCAPE MAINTENANCE
Cleaning and weed abatement 6.50 /1000 Sq. Ft.
GROUNDCOVERS
Mow
2.25 /1000 Sq. Ft.
Edge
2.60 /1000 Linear Ft.
Fertilize
2.75 /1000 Sq. Ft.
PEST CONTROL
Turf disease /insect spray /1000 Sq. Ft.
Boom Application 10.50 /1000 Sq. Ft.
Hand Application 19.50 /1000 Sq. Ft.
N N
EXHIBIT G. BID UNIT PRICES, Con't
Turf Broadleaf Spray
Boom Application
10.00 /1000 Sq. Ft.
Hand Application
19.00 /1000 Sq. Ft.
Groundcover disease /insect spray
19.50 /1000 Sq. Ft.
Shrub disease /insect spray
21.00 /1000 Sq. Ft.
Soil Sterilant Applicant
/1000 Sq. Ft.
Turf Pre- Emergent
_
6.50 /1000 Sq. Ft.
Landscape Areas Weed Control
18.25 /1000 Sq. Ft.
General Weed Control Post Emergent
18.25 /1000 Sq. Ft.
SHRUB PRUNING
1-4 Feet, Lacing
4.25 /Shrub
1 -4 Feet, Hedging
3.90 /Shrub
4 plus Feet, Lacing
6.25 /Shrub
4 plus Feet, Hedging
5.50 /Shrub
TREE PRUNING
up to 10 Feet
25.00 /Tree
10 -20 Feet
35.00 /Tree
20 -30 Feet
75.00 /Tree
30 -40 Feet
150.00 /Tree
40 -plus Feet
225.00 /Tree
PLANTING
1 Gal. Shrub/Tree
5.00 /Each
5 Gal. Shrub
16.00 /Each
5 Gal. Tree
30.00 /Each
15 Gal. Shrub
50.00 /Each
15 Gal. Tree
70.00 /Each
24" Box Tree
175.00 /Each
64 Count Flat Groundcover
15.00 /Flat
Turf - Seed and top dress
.38 /1000 Sq. Ft.
Turf- Sod
.65 /1000 Sq. Ft.
I , 1
Landscape Maint. Laborer
10.00 /Hour
Landscape Maint. Leadworker
12.00 /Hour
Landscape Maint. Supervisor
17.00 /Hour
Irrigation Specialist
19.50 /Hour
Pest Control Applicator
19.50 /Hour
Tree Trimmer
19.50 /Hour
Heavy Equipment Operator
48.35 /Hour
2
M
EXHIBIT H
Medians Maintenance
Bid Unit Cost
N
Median
Unit Cost/Year
G St. X Balboa Blvd.
$136.34
Balboa Blvd. - Medina Way to 21st St.
$101.48
Balboa Blvd. - Medina Way to 21 st St.
$665.60
McFadden Interchange Medians
$933.83
Villa Way X 29th St.
$85.67
M St. Median
$250.87
Via Lido - Newport Blvd. to Via Operto
$145.13
Newport Blvd. X Via Lido
$318.36
Clubhouse X Finley
$93.10
Balboa Blvd. - PCH to 32nd St.
$791.20
Superior Ave. North of PCH
$781.54
Newport Blvd. - PCH to Industrial Way
$2,400.28
PCH - Santa Ana River to Newport Blvd.
$4,168.41
PCH - E. of Riverside Avenue
$190.64
St. James Road X Kings Place
$108.01
Margaret Dr. between Tustin & Irvine
$20.89
Westcliff Dr. - Irvine Ave to Dover
$676.04
Triangular median - Westcliff X Dover
$420.36
Dover Dr. - Westcliff to PCH
$1,894.56
Irvine Ave. at Westcliff
$98.09
Irvine Ave. @ Westcliff- Westcliff to Dover
$653.40
Irvine Ave. - Dover to Holiday Road
$1,564.00
Irvine Ave. - Santiago to University
$4,097.88
Jamboree Road - Bristol to PCH
$14,560.14
University Dr - Jamboree to MacArthur
$691.52
Vista Del Sol
$1,411.69
Ford Road - Jamboree to San Miguel
$3,276.65
San Miguel - Ford Road to Avocado
$7,284.93
San Joaquin - Spyglass to Backbay Rd.
$13,692.06
PCH - Larkspur to Newport Coast Dr.
$2,830.11
PCH - Iris to Goldenrod
$335.77
MacArthur at PCH
$68.66
PCH - Dover to Goldenrod
$7,073.90
El Paseo Dr
$335.77
Avocado - Waterfront to PCH
$1,618.27
Park Avenue
$1,962.60
Total
$75,737.75
N
EXHIBIT I
Roadsides Maintenance
Bid Unit Cost
M
Roadsides
Unit Cost/Year
Cannery Village Parkin Lot
$801.69
28th & 30th St. Parking Lots
$1,670.04
McFadden Parking Lot
$1,932.17
19th St. Street end - bayside
$61.07
Manna Park Parking Lot
$553.94
13th St. Street end - bayside
$176.10
12th St. Street end - bayside
$176.10
11 s St. Street end - bayside
$176.10
F St. Street end - bayside
$122.37
Palm Street Parking Lot
$664.47
Miramar Dr. and Balboa Blvd.
$297.75
I St. Street end - bayside
$152.47
L St. Street end - oceanside
$171.10
M St. St. Street end - oceanside
$125.93
Via Oporto X Central Parking Lot
$788.48
Short St. X Newport Blvd. Roadside
$654.74
OCTA Bus Stop - Balboa Blvd. X 46th
$123.16
OCTA Bus Stop - Balboa Blvd. X River
$193.03
Newport Island entrance planters
$58.49
37th - 41 st St. Street ends off Seashore
$32.83
Prospect Street ends off Seashore
$11.94
Orange Street ends off Seashore
$5.97
Summit St. planter
$71.80
Cappy's trail/bench area
$224.77
W. PCH Roadsides
$6,241.64
Superior X PCH Parking Lot
$4,256.83
N.W. Quadrant - Newport Blvd. X PCH
$1,573.15
S.W. Quadrant - Ne ort Blvd. X PCH
$1,131.21
S.W. Quadrant - Newport Blvd. X PCH
$2,437.39
S.E. Quadrant - Newport Blvd. X PCH
$2,157.87
Newport Blvd. Roadsides
$31,322.52
Mariners Mile Parking Lot
$2,444.02
Rocky Point/Pelican Wall
$227.98
Dover X Westcliff
$2,530.34
PCH Bayshore Soundwall
$648.17
OCTA Bus Stop - Bayshore Dr. X PCH
$642.32
Dover Dr. Arterials - Westeliffto Mariners
$3,904.03
Dover Dr. Arterials -(N) Irvine Ave. to Manners
$301.46
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
$1,247.62
Westcliff Dr. Arterial (Groves)
$1,941.71
N
EXHIBIT I
Roadsides Maintenance
Bid Unit Cost
C�
Roadside
Unit Cost/Year
Westcliff Dr. X Santiago
$212.36
Groves Bike Trail
$2,381.75
Irvine Ave. Arterial N of Private Road
$878.59
Tustin Avenue Street End
$130.12
Anniversary Lane Roadside
$444.72
Jamboree Arterial - Bison to Eastbluff Dr. (S)
$1,133.00
Jamboree Big Canyon Roadside
$1,056.09
Port Dunbar Drive Roadside
$3,439.53
Spyglass Hill Road Roadsides
$8,659.91
San Joaquin Hills Road Roadsides
$12,945.51
PCH - Seaward to Cameo Highlands
$1,480.43
Larkspur Street End
$134.56
Jasmine Street End
$284.32
Fernleaf Ram
$634.55
Bayside Drive - Jamboree to Marguerite
$4,022.54
PCH - Jamboree to Avocado
$6,446.41
PCH - Bayside Drive to Jamboree
$1,128.15
Jamboree - PCH to Bayside
$827.45
Promentory Bay Plaza
$247.19
Promentory Point & Channel Walk
$1,167.57
Balboa Island Entrance
$137.39
Balboa Island - Grand Canal Bridge
$35.82
Total
$120,082.73
N
EXHIBIT J
Median and Roadside Areas Added to the Original Contract.
BID UNIT COSTS
MEDIANS AND ROADSIDES UNIT COSTlYEAR
Area
Acreage
Unit Cost
MEDIAN AND ROADSIDE
MacArthur Blvd., PCH to Bison
8.048
$21,033.48
MEDIANS
Bonita Canyon Rd.
1.711
$4,471.68
ROADSIDES
Cliff Drive to PCH, W. of Dover
0.187
$489.24
Mouth of Big Canyon, W. of Jambo
0.528
$1,380.00
Castaways Blufftop Trail
1.604
$4,191.00
Polaris Slope Westwind Way
0.992
$2,592.00
Bayview Way E. of Jamboree
0.496
$1,296.00
Sub total: $9,948.24
Total: $35,453.40
��+EWPORT
O A
u i
Cy ��
< /FOM1N
TO:
FROM:
SUBJECT
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_ WL#
Mayor and City Council
General Services Director
Renewal of Landscape Maintenance Contract
Recommendation
Council Agenda
Item No. 10
March 13, 2001
Approve the attached contract agreement with TruGreen Landcare, Inc. to provide landscape
maintenance of City medians and roadsides.
Background
In 1995 it was determined following an extensive study to be in the City's best economic interest
to privatize the landscape maintenance of medians and roadsides. On April 8, 1996, the City
entered into a 5 -year contract with a private contractor, California Landscape Maintenance, Inc.
(CLM) to perform landscape maintenance functions on City medians and roadsides.
In January 2000, CLM was purchased by the TruGreen- ChemLawn Company and began to
operate in the City under the name of TruGreen Landcare, Inc. (TGL). TGL assumed the duties
and responsibilities of the existing maintenance contract. The contract will expire on April 8,
2001.
Discussion
TGL desires to enter into a new agreement to provide the same service at the same price, and
adding the new areas as referenced in Exhibit J of the agreement, for a total cost of $231,273.88.
TGL acknowledges that the City has relied upon its representations and commits to faithfully
perform the services required by the Agreement and in accordance with the terms and conditions
of the Agreement.
Staff evaluated the possibilities of rebidding the contract by reviewing current market prices for
industrial landscape maintenance and conducting an informal survey of the landscape
maintenance costs in other Orange County cities. The fact that TGL has agreed to maintain the
same pricing structure from 5 years ago without Consumer Price Index adjustments, coupled
with the findings of the price survey, resulted in the decision to recommend the approval of the
proposed contract renewal.
The Agreement is proposed for a one -year term, which will automatically renew for four
consecutive years based on satisfactory performance. The City may terminate the agreement
with a 30 day written notice at the conclusion of the initial term or during any of the automatic
extension periods. No annual Consumer Price Index adjustments are included in the proposed
contract.
To ensure that a high standard of service is maintained, specifications for the installation of
materials, the application of herbicides or fertilizers, the planting of landscaping materials, and
hardscape maintenance schedules are detailed in the proposed agreement.
The Agreement also includes a provision allowing the City to alter the frequency of maintenance
when necessary. City supervisory staff will monitor service levels and review the Contractor's
required weekly, monthly, and annual reports of maintenance activities.
Very respectfully,
David E. Niederhaus
Attachment: Landscape Maintenance Contract Agreement
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CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this _ day of of 2001, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ( "City "),
and TruGreen LandCare, Inc., a California Corporation ( "Contractor or TruGreen "), is
made with reference to the following Recitals:
RECITALS
WHEREAS, In 1995, the City determined it to be in the City's best economic
interests to maintain medians and roadsides by private contract.
WHEREAS, On April 8, 1996, City entered into a contract with a private
contractor, California Landscape Maintenance, Inc. (CLM) to perform landscape
maintenance functions on medians and roadsides.
WHEREAS, In January 2000, California Landscape Maintenance, Inc. was
purchased by TruGreen — ChemLawn company and recently began to operate in the
City under the name of TruGreen LandCare Inc. TruGreen assumed the duties and
responsibilities of CLM under the contract.
WHEREAS, The Contractor desires to enter into a new Agreement to provide
services to the City and acknowledges that the City has relied upon its representations
and commits to faithfully perform the services required by this Agreement and in
accordance with the terms and conditions of this Agreement.
WHEREAS, The Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one (1) year. The term shall
commence within ten (10) working days of City Council Approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any automatic extension, of its intent to terminate this Agreement at
the conclusion of the initial term or any extension.
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2. CONTRACTOR STIES
E
J
Contractor shall perform the services specifically described in, and in strict
compliance with the Scope of Work ( "Contract Services ") requirements of Exhibit A at
the median and roadside locations listed in Exhibits B and C. The Contract Services
shall be performed at least as frequently as specified in Exhibit D. City shall have the
right to alter frequency of maintenance as necessary to ensure highest industry
standards of maintenance. Contract Services relative to the installation of material, the
application of substances, or the planting of landscaping shall be in strict conformance
with Exhibit E. Reports will be submitted by the Contractor in accordance with Exhibit
F. Bid Unit Prices and Costs are contained in Exhibits G through J. All of the
Exhibits are considered to be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be monitored by a
certified California Landscape Contractors Association Landscape
Technician I (irrigation). All pesticide operations, where required, shall be
performed by a California State Licensed Pest Control Operator through
written recommendation by a California State Licensed Pest Control
Advisor. Contractor shall be responsible for compliance with all local,
state, and federal laws and regulations regarding pesticide usage.
Contractor shall employ or retain, at its sole cost and expense, all
professional and technical personnel (in addition to irrigation and pesticide
specialists) necessary to property perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Parks and Tree
Maintenance Superintendent when performing Contract Services. All
Contractor personnel shall wear identification badges or patches. Those
contract employees working in or adjacent to traffic zones shall wear
orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
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F. All vehicles •d equipment used in conjunctionloth the work shall be in
good working order and have appropriate safety guards (mowers, etc.).
All vehicles shall bear the identification of the Contractor and clearly post
"Serving the City of Newport Beach."
G. Contractor shall provide an Operation Manager to coordinate work with
the City Administrator and ensure satisfactory performance of Contract
Services. An area supervisor shall coordinate work crews on a daily basis
to ensure compliance with the terms of this Agreement.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $231,273.88 per year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices ".
5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means
of conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit E in
performing Contract Services. Any deviation from the materials described
in Exhibit E shall not be installed unless approved in advance by the City
Administrator.
B. Subject to the provisions of Section 7, City shall reimburse Contractor for
the actual cost, plus fifteen percent (15 %), of all materials installed by
Contractor in the performance of Contract Services. Actual cost shall be
the best price available to Contractor including all applicable discounts.
Contractor shall provide City with a schedule of typical costs of irrigation
parts, plant materials and other commonly used items within thirty (30)
days from the date of this Agreement. Contractor shall retain records
reflecting the actual cost of parts or materials used and the performance of
services required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts
and /or materials. Contractor shall secure, store, inventory, distribute and
control all materials or parts provided to Contractor by City. Contractor
shall make all materials and inventory available to the City upon request.
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7. REPAIR/REPLA &ENT •
A. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or it agents, employees,
representative or officers.
C. Contractor shall repair damaged irrigation pipes, controllers and valves
only after the City Administrator has approved a written estimate of the
cost of repair.
D. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover, mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the
services required by this Agreement or has been damaged by the acts of
Contractor or its employees. Contractor shall replace plant materials
damaged or destroyed by the acts of others only after the City
Administrator approves a written estimate of the costs of replacement
including materials and labor costs.
8. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of the Agreement.
9. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, and employees from and against any loss, damages,
liability, claims, costs, expenses or damages, including, but not limited to,
bodily injury, death, personal injury, property damages, attorneys fees and
court costs arising from, or in any way related to, the performance of
Contract Services required by this Agreement, provided, however,
Contractor's obligation in this regard shall not apply in the event of the
sole negligence, fraud or willful misconduct by City, its officials, agents,
employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council, boards
and commissions, officers and employees from and against any and all
loss, damages, liability, claims, costs and expenses whatsoever, including
reasonable attorneys' fees, which may accrue to any and all persons, or
business entities furnishing or supplying work, services, materials,
equipment or supplies to Contractor in the performance of services under
this Agreement.
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C. In the event'fFiat Contractor and City are sued bythird party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees and representative
harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third
party against the City.
10. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage;
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D. Endorsemps to the policies providing the fove insurance shall be
obtained by Contractor, adding the following three provisions:
1. Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Otherinsurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense,
any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
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12.
B. The sale, assignment, transfer, or other dispostn of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted
monthly of all calls from the City of Newport Beach General Services
Department and the City of Newport Beach Police Department to the
Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
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B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional turfgrass maintenance or landscape
maintenance services as requested by the Administrator. The
Administrator may give verbal authorization for additional services up to
five hundred dollars ($500).
B. City reserves the right to withdraw certain median or roadside locations
from the Scope of Work to be performed by Contractor pursuant to this
Agreement. City shall notify Contractor in writing of its intent to do so at
least thirty (30) days prior to the effective date of withdrawal of any
location. in the event a location is withdrawn from the scope of services,
compensation to Contractor shall be reduced in accordance with the bid
unit costs specked in Exhibits H and I. In the event the location is
withdrawn for a period of less than a full one (1) year term, Contractor's
compensation shall be reduced on a prorated basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor during
the performance of the Agreement, such dispute shall be decided by the City Manager
and his decision shall be final and binding upon Contractor and his sureties.
16. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to fifteen
thousand dollars ($15,000) as security for the Faithful Performance of this Agreement.
18. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
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B. Whenever tntractor has knowledge that anyoual or potential labor
dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all
relevant information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment based on
race, religion, color, sex, handicap, national origin, or other basis that violates the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
22. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
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All notices, dernts, requests or approvals from A to Contractor shall be
addressed to Contractor at:
TruGreen LandCare, Inc.
1150 West Trenton Avenue
Orange, CA, 92867
23. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. This Agreement may be terminated at anytime, without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City
shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of
termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the level of maintenance falls below appropriate
landscape or hardscape maintenance standards and /or Contractor fails to
satisfactorily perform Contract Services. City shall have the right to return
funds withheld until the City Administrator determines that Contract
Services are performed as well as required by this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that the court with jurisdiction over the action may determine and fix
reasonable attorneys' fees and expenses to be paid to the prevailing parry.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the performance of
Contract Services.
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26. WAIVER •
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
27. INTEGRATED CONTRACT
The April 1996 agreement is terminated as of the effective date of this
Agreement. This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties concerning the services to be provided
under this Agreement. All preliminary negotiations and agreements of whatsoever kind
or nature are merged in this Agreement. No verbal agreement or implied covenant shall
be held to vary the provisions hereon. Any modification of this Agreement will be
effective only by written execution signed by both City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
ATTEST:
LaVonne Harkless, City Clerk
APPROVED S TO ORM:
S�e (44
Daniel K. Ohl, Deputy Ci Attorney
F:\cat\users\shared\Ag\TruGreen.doe
da \07 -25-00
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CITY OF NEWPORT BEACH
A Municipal Corporation
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TruGreen LandCare, INC.
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Title:
n
LIST OF EXHIBITS
E
Exhibit A
Specifications for Contract of Landscape Maintenance
City Median and Roadside Areas
Scope of Work
Exhibit B
Median Maintenance Locations
Exhibit C
Roadside Maintenance Locations
Exhibit D
Maintenance Frequency Summary
Exhibit E
Standard Materials
Exhibit F
Required Reports
Exhibit G
Bid Unit Prices
Exhibit H
Bid Unit Costs — Medians Maintenance
Exhibit I
Bid Unit Costs — Roadsides Maintenance
Exhibit J
Bid Unit Costs — Median and Roadside Areas
Added to the Original Contract
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EXHIBIT A
SPECIFICATIONS FOR CONTRACT
OF LANDSCAPE MAINTENANCE
CITY MEDIAN AND ROADSIDE AREAS
SCOPE OF WORK
The contractor shall provide the following services and meet the following specifications:
1. SCOPE OF WORK
A. Fumish 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 with
chemicals.
2. Fertilizing.
3. Shrub and groundcover trimming, pruning, training.
4. Minor tree pruning and staking.
5. Irrigation monitoring, maintenance, and repair.
6. General pest control.
7. Mowing, verticutting, and aerifying.
8. General litter control, refuse removal, and grounds policing.
9. Plant replacement.
10. Hardscape cleaning.
11. Access roadway clearance and visibility maintenance.
12. General drainage structure and system maintenance.
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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
6. Vandalism
7. Signage
8. Damage resulting from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent
required in the Technical Specifications of the Bid Schedules.
10. Trees over 8 feet in height (except minor pruning and staking)
11. Hardscape, (curbs, gutters, sidewalks, etc.)
2. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00 AM
and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be
scheduled without permission from the City, unless it is an emergency situation. No
motorized equipment shall be operated before 8 :00 AM nor after 5:00 PM
LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest landscape
maintenance standard, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the sites.
B. If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the Contractor
until services are rendered in accordance with specifications set forth within
this document and providing no other arrangements have been made between
the Contractor and the City. Failure to notify of a change and/or failure to
perform an item or work on a scheduled day may result in deduction of
payment for that date or week. Payment will be retained for work not
performed until such time as the work is performed to City standard.
C. The Contractor is required to correct deficiencies within the time specified by
the City. If noted deficient work has not been completed, payment for subject
deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments.
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4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a weekly meeting with the Contractor and
the City representative to determine progress and to establish areas needing
attention. A monthly maintenance schedule will be submitted in writing to the
City at the beginning of said month.
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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to Marcelino Lomeli, Park and Tree
Maintenance Superintendent, General Services Department, City of Newport Beach,
3300 Newport Blvd., P. O. Box 1768, Newport Beach, CA 92658 -8915.
7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is
given for said work and the estimate is approved by the City before the work is
commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval (excluding minor irrigation repairs). Documentation of contract
compliance may be required on some occasions.
8. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in
conformity with the "The California Manual on Uniform Traffic Devices" for
use in performance of work upon highways issued by the State of California,
Department of Transportation and as directed by City staff.
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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.
9. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall pay
all disposal fees and provide documentation evidence of recycling to include
location, tonnage, etc. on a monthly basis to the City.
10. RECORDS
A. The contractor shall keep accurate records concerning all of his/her employees
or agents and provide the City with names and telephone numbers of
emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report monthly to the Park and Tree
Maintenance Superintendent. This report should also contain a description,
including man- hours, equipment, and materials breakdowns and costs used to
accomplish any additional work which the contractor deems to be beyond the
scope of the contract. Under ordinary conditions, payment for this work will
not be authorized unless the additional work, and costs thereof, are first
approved in writing by the City. Irrigation programming schedules will be
submitted monthly. A phone log will be submitted monthly of all calls from
the City of Newport Beach General Services Department and the City of
Newport Beach Police Department to the Contractor, whether or not those calls
require a request for service, and a description of the action taken from the City
call.
C. 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 Park and Tree Maintenance Superintendent. This maintenance calendar
shall clearly indicate the all of the major 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 Park and Tree Maintenance
Superintendent for approval prior to the date the changes are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and records
regarding City- provided services only at any reasonable time.
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11. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at least
two qualified persons who can be called by City representatives when emergency
maintenance conditions occur during hours when the Contractor's normal work force
is not present in the City of Newport Beach. These Contractor representatives shall
respond to said emergency within thirty (30) minutes from receiving notification.
12. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be given to
the City forty -eight (48) hours PRIOR to each of these operations by the Contractor.
"Specialty type" maintenance operations are defined as: fertilization, preemereence
weed control, turf aerification, turf dethatching, seeding_ preventive and curative
application of turf fungicide, all pesticide applications and plant replacements.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and submit a
copy thereof. The Contractor must also maintain a California State Licensed Pest
Control Operator and a California State Licensed Pest Control Advisor or have one
on staff. The name and permit number will be supplied to the City at the beginning
of contract, and any changes forwarded within twenty -four (24) hours of said
change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working hours.
During all other times, a telephone answering service shall be utilized and the
answering service shall be capable of contacting the Contractor by radio or pager.
Contractor shall have a maximum response time of thirty (30) minutes to all
emergencies. There will be no on -site storage of equipment or materials. Contractor
will have full responsibility for maintaining an office and yard.
15. SCHEDULES
A. ANNUALSCHEDULE
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 facility and 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 one week prior to the effective date
of the contract. Thereafter, it shall be submitted weekly on Thursday
mornings.
4. Changes to the schedule shall be received by the Parks and Tree
Maintenance Superintendent at least twenty -four (24) hours prior to the
scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may result in deduction of payment for that date or week.
6. The Contractor shall adjust his/her schedule to compensate for all
holidays. Maintenance and litter removal shall be scheduled for all
holidays, unless otherwise indicated by the City.
C. PERFORMANCE ON SCHEDULE
1. 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.
16. 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.
6
1. 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.
2. The Contractor shall immediately notify the Parks and Tree Maintenance
Superintendent when the work force has been removed from the jobsite
due to inclement weather or other reasons.
3. The Contractor shall restake and re -tie trees or other such activities as
required as a result of inclement weather. The Contractor will stay
available to assist in any storm related damage repair.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the
safety of his/her work crew and to protect in place existing utility equipment before
commencing any excavation. Contractor shall contact the Park and Tree
Maintenance Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48
hours before commencing any excavation, to locate underground service lines.
18. PESTICIDES
The City must maintain all documents that pertain to the use of pesticides on its
property. Contractor must provide the Park and Tree Maintenance Superintendent
with all of the following:
A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit/Operator I.D. # ".
2. A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used,
within twenty -four (24) hours of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent
To Use Restricted Materials ", twenty-four (24) hours before application.
5. A list and EPA numbers of all the pesticides Contractor intends to use for
this contract, before any such use.
6. The contractor shall not use any pesticide that has not been authorized by
the Park and Tree Maintenance Superintendent.
7. All pesticides proposed to be used must be submitted to City with
application location and written recommendation from the Contrator's
7
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 he
followed.
19. PLANT STOCK
All selection and condition of the plant material of plant stock, trees, shrubs, annuals
and perennials, flowers, and ground covers must be approved by the Parks and Trees
Maintenance Superintendent before planting.
• EXHIBIT B
Median Maintenance Locations
Area
Acres
G St. X Balboa Blvd.
0.054
Balboa Blvd. - Medina Way to 21st St.
0.034
Balboa Blvd. - Medina Way to 21st St.
0.223
McFadden Interchange Medians
0.293
Villa Way X 29th St.
0.034
M St. Median
0.093
Via Lido - Newport Blvd. to Via Operto
0.063
Newport Blvd. X Via Lido
0.16
Clubhouse X Finley
0.038
Balboa Blvd. - PCH to 32nd St.
0.385
Superior Ave. North of PCH
0.409
Newport Blvd. - PCH to Industrial Way
1.013
PCH - Santa Ana River to Newport Blvd.
1.877
PCH - E. of Riverside Avenue
0.093
St. James Road X Kings Place
0.033
Margaret Dr. between Tustin & Irvine
0.007
Westcliff Dr. - Irvine Ave to Dover
0.284
Triangular median - Westcliff X Dover
0.138
Dover Dr. - Westcliff to PCH
0.822
Irvine Ave. at Westcliff
0.034
Irvine Ave. P, Westcliff- Westcliff to Dover
0.5
Irvine Ave. - Dover to Holiday Road
0.524
Irvine Ave. - Santiago to University
1.409
Jamboree Road - Bristol to PCH
5.143
University Dr - Jamboree to MacArthur
0.284
Vista Del Sol
0.437
Ford Road - Jamboree to San Miguel
1.221
San Miguel - Ford Road to Avocado
2.576
San Joaquin - Spyglass to Backbay Rd.
4.806
PCH - Larkspur to Newport Coast Dr.
1.185
PCH - Iris to Goldenrod
0.156
MacArthur at PCH
0.037
PCH - Dover to Goldenrod
2.914
El Paseo Dr
0.101
Avocado - Waterfront to PCH
0.516
Park Avenue
0.691
Total Acreage
28.587
• EXHIBIT C •
Roadside Maintenance Locations
Area
Acres
Cannery Village Parking Lot
0.387
28th & 30th St. Parking Lots
0.83
McFadden Parking Lot
0.882
19th St. Street end - bayside
0.025
Marina Park Parking Lot
0.276
13th St. Street end - bayside
0.059
12th St. Street end - bayside
0.059
11 st St. Street end - bayside
0.059
F St. Street end - bayside
0.041
Palm Street Parking Lot
0.338
Miramar Dr. and Balboa Blvd.
0.107
I St. Street end - bayside
0.056
L St. Street end - oceanside
0.063
M St. St. Street end - oceanside
0.049
Via Oporto X Central Parking Lot
0.403
Short St. X Newport Blvd. Roadside
0.264
OCTA Bus Stop - Balboa Blvd. X 46th
0.045
OCTA Bus Stop - Balboa Blvd. X River
0.057
Newport Island entrance planters
0.023
37th - 41st St. Street ends off Seashore
0.011
Prospect Street ends off Seashore
0.004
Orange Street ends off Seashore
0.002
Summit St. planter
0.032
Ca y's trail/bench area
0.172
W. PCH Roadsides
2.847
Superior X PCH Parking Lot
1.836
N.W. Quadrant - Newport Blvd. X PCH
1.174
S.W. Quadrant - Newport Blvd. X PCH
0.379
S.W. Quadrant - Newport Blvd. X PCH
0.918
S.E. Quadrant - Newport Blvd. X PCH
0.813
Newport Blvd. Roadsides
10.523
Mariners Mile Parking Lot
1.269
Rocky Point/Pelican Wall
0.09
Dover X Westcliff
0.82
PCH Bayshore Soundwall
0.328
OCTA Bus Stop - Bayshore Dr. X PCH
0.264
Dover Dr. Arterials - Westcliff to Mariners
1.308
Dover Dr. Arterials -(N) Irvine Ave. to Mariners
0.101
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
0.418
Westcliff Dr. Art erial (Groves)
0.674
Westcliff Dr. X Santiago
0.072
• EXHIBIT C •
Roadside Maintenance Locations
Area
Acres
Groves Bike Trail
1.602
Irvine Ave. Arterial N of Private Road
0.286
Tustin Avenue Street End
0.047
Anniversary Lane Roadside
0.149
Jamboree Arterial - Bison to Eastbluff Dr. (S)
0.498
Jamboree Big Can on Roadside
0.431
Port Dunbar Drive Roadside
1.267
Spyglass Hill Road Roadsides
3.294
San Joaquin Hills Road Roadsides
4.59
PCH - Seaward to Cameo Highlands
0.496
Larkspur Street End
0.05
Jasmine Street End
0.098
Femleaf Ramp
0.23
Bayside Drive - Jamboree to Marguerite
1.367
PCH - Jamboree to Avocado
2.644
PCH - Bayside Drive to Jamboree
0.597
Jamboree - PCH to Bayside
0.323
Promentory Bay Plaza
0.118
Promentory Point & Channel Walk
0.471
Balboa Island Entrance
0.057
Balboa Island - Grand Canal Bride
0.012
Total Acreage
46.705
• EXHIBIT D •
Maintenance Frequency Summary
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Once/Week
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
3 /year
Vertical Mow
1 /year
Aerate
2 /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice a year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Pre-emergent herbicide
Per manufacturers recommendation
Shrub, Vine, & Tree Maintenance
Trim
4 /year
Fertilize
Twice a year
Pest and Weed Control
As needed
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Pre - emergent herbicide
Per manufacturers recommendation
Hardsca a Maintenance
lEach site visit/weekly min.
Grounds Policing/Litter Removal
I Each site visit/ 4/ weekly
• EXHIBIT E 0
Standard Materials
All material used in maintenance must conform to the products listed below.
Any deviation from the approved list must be approved by the City of
Newport Beach before installation. Any item not mentioned in the Standard
Materials list must be approved by Parks and Tree Maintenance
Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Elect. Valve
6. Rainmaster Evolution DX2
7. Rainmaster EVMV 2 way master valve
8. Rainmaster EVFM Flow sensor
9. Rainmaster EV -SEN ADJ moisture sensor
10. Matco 754 Series Full Port Ball Valve
11. Class 200 PVC Lateral Pipe
12. Class 315 PVC Main Supply Pipe 1 %2" and Larger
13. Schedule 40 PVC Main Supply Pipe 1 '/." and Smaller
14. Rectangular Valve Box - Plastic -18 "L x 12 "Deep
15. Round Valve Box — Plastic —10"
16. Rainbird #44 Quick Coupling Valve with Vinyl Cover
17. Control Wire: AWG, U.F. 600 -Volt Direct Burial Copper with PVC Insulation
18. Head model to be selected by the City
a. Toro 570 Pop Up
b. Toro 300 Series Stream Rotor -Pop Up
c. Toro XP 300 Series — Pop Up
d. Toro 640 Series — Turf Head
e. Toro 500 Series Shrub Flood Bubbler
f. Toro 2001 Turf Rotor
g. Toro V 1550
TURF FERTILIZERS. ETC:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible
3. No steer nor chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
• EXHIBIT F •
Required Reports
1 Annual Maintenance Schedule
2 Weekly Maintenance Schedule
3 Weekly Performance Report
4 Monthly Chemical Use Report (as sent to County Agriculture Commission)
5 Monthly Fertilizer Use Report
6 Proposed Pesticide List with EPA numbers
7 Monthly Phone Log with action taken
8 Weekly irrigation check list (to include controller and site inspection for all
site and a list of any repairs required)
9 Monthly irrigation controller programming charts
10 Extra work approval list
11 Weekly maintenance inspection list for all sites
12 Manual irrigation schedule
13 Annual pesticide safety training records
14 Required tailgate safety meeting records
15 Monthly maintenance report
16 Monthly greenwaste recycling report
17 Water truck schedule
0 0
EXHIBIT G
BID UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope of work,
including additions and deletions on work not performed, the Contract Sum shall be
adjusted in accordance with the following unit prices, where the City elects to use this
method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid proposal.
Unit prices listed below refer to all items installed and the Construction Documents
and include all costs connected with such items; including but not limited to, materials,
labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be charged
or credited for labor and materials to be provided regardless of the total number units
and/or amount of labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the RFP.
COST/UNIT OF MEASURE
TURF
Turf Mow
$1.50 /1000 Sq. Ft.
Turf Mow and Clippings Picked Up
1.65 /1000 Sq. Ft.
Turf Edge
2.50 /1000 Linear Ft.
Turf String Trim
3.25 /1000 Linear Ft.
Turf Chemical Edge 6" Swath
7.00 /1000 Linear Ft.
Turf Chemical Edge 12" Swath
14.00 /1000 Linear Ft.
Turf Aerify
2.30 /1000Sq.Ft.
Turf Fertilize
2.10 /1000 Sq. Ft.
Turf Dethatch/Renovate
150.00 /1000 Sq. Ft
HARDSCAPE MAINTENANCE
Cleaning and weed abatement 6.50 /1000 Sq. Ft.
GROUNDCOVERS
Mow 2.25 /1000 Sq. Ft.
Edge 2.60 /1000 Linear Ft.
Fertilize 2.75 /1000 Sq. Ft.
PEST CONTROL
Turf disease /insect spray /1000 Sq. Ft.
Boom Application 10.50 /1000 Sq. Ft.
Hand Application 19.50 /1000 Sq. Ft.
M
• •
EXHIBIT G. BID UNIT PRICES, Con't
Turf Broadleaf Spray
Boom Application
10.00 /1000 Sq. Ft.
Hand Application
19.00 /1000 Sq. Ft.
Groundcover disease /insect spray
19.50 /1000 Sq. Ft.
Shrub disease /insect spray
21.00 /1000 Sq. Ft.
Soil Sterilant Applicant
_ /1000 Sq. Ft.
Turf Pre- Emergent
6.50 /1000 Sq. Ft.
Landscape Areas Weed Control
18.25 /1000 Sq. Ft.
General Weed Control Post Emergent
18.25 /1000 Sq. Ft.
SHRUB PRUNING
1 -4 Feet, Lacing
4.25 /Shrub
1 -4 Feet, Hedging
3.90 /Shrub
4 plus Feet, Lacing
6.25 /Shrub
4 plus Feet, Hedging
5.50 /Shrub
TREE PRUNING
up to 10 Feet
25.00 /Tree
10 -20 Feet
35.00 /Tree
20 -30 Feet
75.00 /Tree
30 -40 Feet
150.00 /Tree
40 -plus Feet
225.00 /Tree
PLANTING
1 Gal. Shrub/Tree
5.00 /Each
5 Gal. Shrub
16.00 /Each
5 Gal. Tree
30.00 /Each
15 Gal. Shrub
50.00 /Each
15 Gal. Tree
70.00 /Each
24" Box Tree
175.00 /Each
64 Count Flat Groundcover
15.00 /Flat
Turf - Seed and top dress
.38 /1000 Sq. Ft.
Turf - Sod
.65 /1000 Sq. Ft.
WEVITO
Landscape Maint. Laborer
10.00 /Hour
Landscape Maint. Leadworker
12.00 /Hour
Landscape Maint. Supervisor
17.00 /Hour
Irrigation Specialist
19.50 /Hour
Pest Control Applicator
19.50 /Hour
Tree Trimmer
19.50 /Hour
Heavy Equipment Operator
48.35 /Hour
2
• EXHIBIT H 0
Medians Maintenance
Bid Unit Cost
Median
Unit Cost/Year
G St. X Balboa Blvd.
$136.34
Balboa Blvd. - Medina Way to 21st St.
$101.48
Balboa Blvd. - Medina Way to 21 st St.
$665.60
McFadden Interchange Medians
$933.83
Villa Way X 29th St.
$85.67
M St. Median
$250.87
Via Lido - Newport Blvd. to Via Operto
$145.13
Newport Blvd. X Via Lido
$318.36
Clubhouse X Finley
$93.10
Balboa Blvd. - PCH to 32nd St.
$791.20
Superior Ave. North of PCH
$781.54
Newport Blvd. - PCH to Industrial Way
$2,400.28
PCH - Santa Ana River to Newport Blvd.
$4,168.41
PCH - E. of Riverside Avenue
$190.64
St. James Road X Kings Place
$108.01
Margaret Dr. between Tustin & Irvine
$20.89
Westcliff Dr. - Irvine Ave to Dover
$676.04
Triangular median - Westcliff X Dover
$420.36
Dover Dr. - Westcliff to PCH
$1,894.56
Irvine Ave. at Westcliff
$98.09
Irvine Ave. @ Westcliff- Westcliff to Dover
$653.40
Irvine Ave. - Dover to Holiday Road
$1,564.00
Irvine Ave. - Santiago to University
$4,097.88
Jamboree Road - Bristol to PCH
$14,560.14
University Dr - Jamboree to MacArthur
$691.52
Vista Del Sol
$1,411.69
Ford Road - Jamboree to San Miguel
$3,276.65
San Miguel - Ford Road to Avocado
$7,284.93
San Joaquin - Spyglass to Backbay Rd.
$13,692.06
PCH - Larkspur to Newport Coast Dr.
$2,830.11
PCH - Iris to Goldenrod
$335.77
MacArthur at PCH
$68.66
PCH - Dover to Goldenrod
$7,073.90
E1 Paseo Dr
$335.77
Avocado - Waterfront to PCH
$1,618.27
Park Avenue
$1,962.60
Total
$75,737.75
EXHIBIT I
Roadsides Maintenance
Bid Unit Cost
Roadsides
Unit Cost/Year
Cannery Village Parkin Lot
$801.69
28th & 30th St. Parkin Lots
$1,670.04
McFadden Parking Lot
$1,932.17
19th St. Street end - bayside
$61.07
Marina Park Parking Lot
$553.94
13th St. Street end - bayside
$176.10
12th St. Street end - bayside
$176.10
11 st St. Street end - bayside
$176.10
F St. Street end - bayside
$122.37
Palm Street Parkin Lot
$664.47
Miramar Dr. and Balboa Blvd.
$297.75
I St. Street end - bayside
$152.47
L St. Street end - oceanside
$171.10
M St. St. Street end - oceanside
$125.93
Via Oporto X Central Parkin Lot
$788.48
Short St. X Newport Blvd. Roadside
$654.74
OCTA Bus Stop - Balboa Blvd. X 46th
$123.16
OCTA Bus Stop - Balboa Blvd. X River
$193.03
Newport Island entrance planters
$58.49
37th - 41 st St. Street ends off Seashore
$32.83
Prospect Street ends off Seashore
$11.94
Orange Street ends off Seashore
$5.97
Summit St. planter
$71.80
Ca y's trail/bench area
$224.77
W. PCH Roadsides
$6,241.64
Superior X PCH Parkin Lot
$4,256.83
N.W. Quadrant - Newport Blvd. X PCH
$1,573.15
S.W. Quadrant - Newport Blvd. X PCH
$1,131.21
S.W. Quadrant - Newport Blvd. X PCH
$2,437.39
S.E. Quadrant - Newport Blvd. X PCH
$2,157.87
Newport Blvd. Roadsides
$31,322.52
Mariners Mile Parkin Lot
$2,444.02
Rocky Point/Pelican Wall
$227.98
Dover X Westcliff
$2,530.34
PCH Bayshore Soundwall
$648.17
OCTA Bus Stop - Bayshore Dr. X PCH
$642.32
Dover Dr. Arterials - Westcliff to Mariners
$3,904.03
Dover Dr. Arterials -(N) Irvine Ave. to Mariners
$301.46
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
$1,247.62
Westcliff Dr. Arterial (Groves)
$1,941.71
• EXHIBIT I
Roadsides Maintenance
Bid Unit Cost
Roadside
Unit Cost/Year
WestcliffDr. X Santiago
$212.36
Groves Bike Trail
$2,381.75
Irvine Ave. Arterial N of Private Road
$878.59
Tustin Avenue Street End
$130.12
Anniversary Lane Roadside
$444.72
Jamboree Arterial - Bison to Eastbluff Dr. (S)
$1,133.00
Jamboree Big Canyon Roadside
$1,056.09
Port Dunbar Drive Roadside
$3,439.53
Spyglass Hill Road Roadsides
$8,659.91
San Joaquin Hills Road Roadsides
$12,945.51
PCH - Seaward to Cameo Highlands
$1,480.43
Larkspur Street End
$134.56
Jasmine Street End
$284.32
Femleaf Ram
$634.55
Bayside Drive - Jamboree to Marguerite
$4,022.54
PCH - Jamboree to Avocado
$6,446.41
PCH - Bayside Drive to Jamboree
$1,128.15
Jamboree - PCH to Bayside
$827.45
Promentory Bay Plaza
$247.19
Promentory Point & Channel Walk
$1,167.57
Balboa Island Entrance
$137.39
Balboa Island - Grand Canal Bridge
$35.82
Total
$120,082.73
EXHIBIT J •
Median and Roadside Areas Added to the Original Contract.
BID UNIT COSTS
MEDIANS AND ROADSIDES UNIT COST/YEAR
Area
Acreage
Unit Cost
MEDIAN AND ROADSIDE
MacArthur Blvd., PCH to Bison
8.048
$21,033.48
MEDIANS :4
Bonita Canyon Rd.
1.711
$4,471.68
ROADSIDES
Cliff Drive to PCH, W. of Dover
0.187
$489.24
Mouth of Big Canyon, W. of Jambo
0.528
$1,380.00
Castaways Blufflop Trail
1.604
$4,191.00
Polaris Sloe @ Westwind Way
0.992
$2,592.00
Bayview Way E. of Jamboree
0.496
$1,296.00
Sub total: $9,948.24
Total: $35,453.40
'r
09/06/2000 14:16 7086450292
1 1 1
KAREN BOGARD
PAGE 02
nd No. 10320690300127
TRAYELERS CASUALTY AND RETY COMPANY OF AMERICA
Hartford, Connecticut 06183
KNOW ALL MEN 13Y THESE PRESENTS, That we TruGreen LandCare, A General Partnership
of 1150 W. Trenton Avenue Orange CA 92867 , as Principal, (hereinafter
called Principg, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporattlon organized
and existing under the laws of the State of ConnecticutwMh Its Hone Oflloe In the City of Hartford, Connecticut, AS
Surety, ( hereinafter called Surety), are held and firmly hound ufft
CITY OF NEWPORT BEACH
of Attn: General Services 3300 Newport Blvd. Newport Beach CA 92e6&4 as Obligee, to the
full and just sum of Twenty Thousand and 00/100
(8 820,000.00 ) Dollars, mwwl money of the United States of America, to be paid to the said Obligee,
successors or eesigns; for which payment, wail and Vary to be made, we bind oursOns, our hefts, exewtors,
adminWeet", sueeessom and assigns, Jolr* and save *, }fnnly by these presents.
WHEREAS the Principal has entered, or is about to enter, NNo a wlfttsn Agreement wkh the Obligee for
Landscape Maintenance • Median and Roadsides
as is more speoiRoaiy, set forth In said Agreement, to which Warenoe is hereby made.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that It the Principal shall wall and truly
perform and carry Out the covenants, terms, and conditions of said Agreement, then this obAgation to be void;
otherwise to ramain in full force and effect.
Sealed with our seals and dated this 11th day of September , X6( 2000 .
Truereen tandCare, A General Partnership
($4933-91) 07-97
(SM)
(PrIndpao
i WAROMEW ...a
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
By /Lu �w J Attomay -WFaCt
DESIGNATION OF REPRESENTATIVE
I, Joseph B. Hanks, Vice President and Secretary of TruGreen LandCare L.L.C., partner of
TruGreen LandCare, a California general partnership ( "Company "), do hereby authorize and direct
William Wainscott, Director of Risk Management, 860 Ridge Lake Blvd., Memphis, TN 38120, to
represent the Company to execute any and all bonds issued on behalf of the Company.
TRUGREEN LANDCARE, a California
general partnership
By: TruGreen LandCare L.L.C., partner
By:
V ose h B. Hanks
Vice President & Secretary
Dated: 319 (oU
State of TENNESSEE
County of SHELBY
e f , 2000, before me personally appeared PAULA HALL,
Attorn -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY
oration that executed the within instrument, and acknowledged to me that
the same.
F, I have hereunto set my hand and affixed my official seal, at my ofSce in
day and year in this certificate first above written.
(Notary public)
0 9
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 13th day of March, 2000.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY
1 FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
J �pRppq � c NARIFOaD, t = 1 9 8 2 0 5 %, 9y
3+ 1 ;Or` 's6� ,'�,cs: s< „•,,w fi George W. Thompson
rT' ' . +� `• • ' c° Senior Vice President
On this 13th day of March, 2000 before me personally came GEORGE W. THOMPSON to the known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate
seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof.
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
"full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this / /' day of
SeP+en ber aU 0 c>.
��4 J,�T'ewh00 G ►6V�t MO Nfry �j )f//'{ ��/'!/- f+����
wwtn>•ib, v 19 i 2 o srx � By
%�,,•=,c��i ,t' o,. t Kori M. Johanson
r+` `'< .• ° • ' d'' Assistant Secretary, Bond
TRAVE CASUALTY AND SURETY COMPANY O ;RICA
�VELERS CASUALTY AND SURETY COMP'
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
TRAVELERS CASUALTY AND SURETY. COMPANY OF ILLINOIS
Naperville, Illinois 60563 -8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: William Wainscott, Norma Cronin, Karen M. Crawford, Victoria L. Carroll or Paula Hall'
of Memphis, TN, their true and lawful Attorney (s) -in -Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
not exceeding the sum of ONE MILLION ($1,000, 000,00) DOLLARS per bond
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
,appointee and revoke the power given him or her.
VOTED: That the Chairman, the President,. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to. one. or more officers or employees of this Company; provided that each such delegation i`,
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and itay such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the fu@ue._with respect to any bond or
undertaking to which it is attached.
(9-97)
ry
09/06/2000 14:16 7086450292
KAREN BOGARD
PAGE 04
led No. 10326590300126
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HW tord, ConneottoA 05183
KNOW ALL MEN BY THESE PRESENTS, That We TruGreen LandCare. A General Partnership
of 1150 W. Trenton Avenue Orange CA 92897 , as Principal, (hereinafter
caged Principal), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a COMWation otganitad
and existing under the laws of the State of Connecticut with its Home OfRee In the City of Hartford, Connecticut, as
Surety, (hersinaw caUsd Surety), are held and firmly bound unto
CITY OF NEWPORT BEACH
of Attn: General SeMoes 3300 Newport Blvd. Newport Beach CA 92869„ 25 ObCIQaa, In the
fun and just sun Of Fifteen Thousand and 001100
($$15,000.00 ) Dollars, lawful money of the United States of America, to be paid to the said Obligeer
suocessots or assigns; for which payment well and tnly to be made, we bind ourselves, out helm, executors,
administrators, successors and as:rign6, joh* and severally, tlrrnly by these Pf*Wtg-
WHEREAS the Principal has entered, or Is about to enter, into a written Agreement With the Obligee for
Landscape Maintenance • Common Area
as to more specifically set forth In said Agrsement to which raference is hereby made.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 15 SUCH, that M the PrkWIPal shall wall and tr*
perform and carry out the covenants, terms, and conditions or said Agreement then this obligation to be void;
othmwise to remain in to force and of ed
Sealed wlttt our seals and dated this 111111 day of September )(9 2000
Truarsen LandCare, A General Partnership
(S' 1935 -81) 07 -P7
0-1A -
(PrIndpal)
Wzw o-,-, U2 q zw L -a.fl} _(sE LL)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
0 0
DESIGNATION OF REPRESENTATIVE
I, Joseph B. Hanks, Vice President and Secretary of TruGreen LandCare L.L.C., partner of
TruGreen LandCare, a California general partnership ( "Company'), do hereby authorize and direct
William Wainscott, Director of Risk Management, 860 Ridge Lake Blvd., Memphis, TN 38120, to
represent the Company to execute any and all bonds issued on behalf of the Company.
TRUGREEN LANDCARE, a California
general partnership
By: TruGreen LandCare L.L.C., partner
By:
ose h B. Hanks
Vice President & Secretary
Dated: 3 (9 (04
State of TENNESSEE
County of SHELBY
On this _ f 101 day of
known to me to be the
OF AMERICA, the cor
such corporation execute
.Mca
' oil* '
2000, before me personally appeared PAULA HALL,
q�n ct VELERS CASUALTY AND SURETY COMPANY
3r�ion tllt exeelte the within instrument, and acknowledged to me that
IN WITNESS WHEREOF, set my hand and affixed my official seal, at my office in
the aforesaid county, the day an n this certificate first above written.
(Notary Public)
• 0
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 13th day of March, 2000.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
OWMRIX' • Nunrono, u 1982 o BY
00NK itr a;w, fi George W. Thompson
`� . +`` b`y • Senior Vice President
On this 13th day of March, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate
seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof.
�p.7Er�
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
Pull force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this l� >� ` day of
�e.P f e,►�b� -r a-vu o .
600wr,,
a r{ c° WJRFOR[f. i _
yl Se
E
• �f Ft+
0..0
By
Kori M.Johanson
Assistant Secretary, Bond
TRAVELS CASUALTY AND SURETY COMPANY OMjMERICA
VELERS CASUALTY AND SURETY COMAW
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
TRAVELERS CASUALTY AND SURETY. COMPANY OF ILLINOIS
Naperville, Dlinols 60563 -8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: William Wainscott, Norma Cronin, Karen M. Crawford, Victoria L Carroll or Paula Hall " "
of Memphis, TN, their true and lawful Attorney (s) -in -Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
not exceeding the sum of ONE MILLION ($7,000,000,00) DOLLARS per bond
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her. ._
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice Presidem,.any..Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one.or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof; and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in tim future with respect to any bond or
undertaking to which it is attached.
(8-97)
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this 2�6 day of,uci of 2000, by and
between the City of Newport Beach, a Municipal Corporation dnd Charter City ( "City"),
and TruGreen LandCare, Inc., a California Corporation ( "Contractor or TruGreen "), is
made with reference to the following Recitals:
RECITALS
WHEREAS, prior to 1997, the City maintained City parks and facilities using its
own employees and equipment.
WHEREAS, due to budget constraints, in August 1997, the City contracted with
California Landscape Maintenance to begin to provide turfgrass maintenance services
in some City parks and facilities. In September of 1997, the City entered into another
contract with California Landscape Maintenance for park landscape and turfgrass
maintenance services in all new City parks. The August 1997 and September 1997
contracts have been extended annually per the terms of the contract since 1998 and
were last extended in 1999.
WHEREAS, in January 2000, California Landscape Maintenance was purchased
by TruGreen — ChemLawn Company and recently began to operate in the City under
the name of TruGreen LandCare.
WHEREAS, the City Council has determined it is in the City's best interest to
terminate the August 1997 and September 1997 contracts and enter into a new single
contract for services with TruGreen upon the terms and conditions as set forth below.
WHEREAS, TruGreen desires to enter into a new single Agreement to provide
services to City and acknowledges that the City has relied upon its representations and
commits to faithfully perform the services required by this Agreement and in accordance
with the terms and conditions of this Agreement.
WHEREAS, TruGreen has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type, common nature and
frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one (1) year. The term shall
commence within ten (10) working days of City Council Approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
1
0 0
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any automatic extension, of its intent to terminate this Agreement at
the conclusion of the initial term or any extension.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict
compliance with the scope of work requirements of Exhibits A and B at the park and
facility locations listed in Exhibits C and D ( "Contract Services "). The Contract
Services shall be performed at least as frequently as specified in Exhibit E with
particular attention to the time schedule of Exhibit F. City shall have the right to alter
frequency of maintenance as necessary to ensure highest industry standards of
maintenance. Contract Services relative to the installation of material, the application of
substances, or the planting of landscaping shall be in strict conformance with Exhibit G.
Reports will be submitted by the Contractor in accordance with Exhibit H. Bid Unit
Prices and Costs are contained in Exhibits I through K. All of the Exhibits are
considered to be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be monitored by a
certified California Landscape Contractors Association Landscape
Technician I (irrigation). All pesticide operations, where required, shall be
performed by a California State Licensed Pest Control Operator through
written recommendation by a California State Licensed Pest Control
Advisor. Contractor shall be responsible for compliance with all local,
State, and Federal laws and regulations regarding pesticide usage.
Contractor shall employ or retain, at its sole cost and expense, all
professional and technical personnel (in addition to irrigation and pesticide
specialists) necessary to properly perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
E
0
0
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Parks and Tree
Maintenance Superintendent when performing Contract Services. All
Contractor personnel shall wear identification badges or patches. Those
contract employees working in or adjacent to traffic zones shall wear
orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards (mowers, etc.). All
vehicles shall bear the identification of the Contractor and clearly past
"serving for the City of Newport Beach."
G. Contractor shall provide an Operations Manager to coordinate work with
the City Administrator and ensure satisfactory performance of Contract
Services. An area supervisor shall coordinate work crews on a daily basis
to ensure compliance with the terms of this Agreement.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Two hundred ninety eight thousand five
hundred fifty eight dollars and eighty two cents ($298,558.82) per year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices ".
5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means
of conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit G in
performing Contract Services. Any deviation from the materials described
in Exhibit G shall not be installed unless approved in advance by the City
Administrator.
B. Subject to the provisions of Section 7, City shall reimburse Contractor for
the actual cost, plus fifteen percent (15 %), of all materials installed by
3
Contractor in the performance of Contract Services. Actual cost shall be
the best price available to Contractor including all applicable discounts.
Contractor shall provide City with a schedule of typical costs of irrigation
parts, plant materials and other commonly used items within thirty (30)
days from the date of this Agreement. Contractor shall retain records
reflecting the actual cost of parts or materials used and the performance of
services required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts
and /or materials. Contractor shall secure, store, inventory, distribute and
control all materials or parts provided to Contractor by City. Contractor
shall make all materials and inventory available to the City upon request.
7. REPAIR/REPLACEMENT
A. Contractor shall advise the City Administrator (as defined in Section 13 of
this agreement) of any damage to City equipment or property immediately
upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or it agents, employees,
representative, or officers.
C. Contractor shall repair damaged irrigation pipes, controllers, and valves
only after the City Administrator has approved a written estimate of the
costs of repair.
D. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover,. mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the
services required by this Agreement or has been damaged by the acts of
Contractor or its employees. Contractor shall replace plant materials
damaged or destroyed by the acts of others only after the City
Administrator approves a written estimate of the costs of replacement
including materials and labor costs.
8. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of the Agreement.
4
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9. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, and employees from and against any loss, damages,
liability, claims, costs, expenses or damages, including, but not limited to,
bodily injury, death, personal injury, property damages, attorneys fees and
court costs arising from, or in any way related to, the performance of
Contract Services required by this Agreement, provided, however,
Contractor's obligation in this regard shall not apply in the event of the
sole negligence, fraud or willful misconduct by City, its officials, agents,
employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council, boards
and commissions, officers and employees from and against any and all
loss, damages, liability, claims, costs and expenses whatsoever, including
reasonable attorneys' fees, which may accrue to any and all persons, or
business entities furnishing or supplying work, services, materials,
equipment or supplies to Contractor in the performance of services under
this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees and representative
harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third
party against the City.
10. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
0
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense,
D
0
any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
12. RECORDS /REPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
7
0
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted
monthly of all calls from the City of Newport Beach General Services
Department and the City of Newport Beach Police Department to the
Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his /her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional turfgrass maintenance or landscape
maintenance services as requested by the Administrator. The
Administrator may give verbal authorization for additional services up to
five hundred dollars ($500).
B. City reserves the right to withdraw certain park or facility locations from the
Scope of Work to be performed by Contractor pursuant to this Agreement.
City shall notify Contractor in writing of its intent to do so at least thirty (30)
days prior to the effective date of withdrawal of any location. In the event
a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the bid unit costs specified
•
in Exhibits J and K. In the event the location is withdrawn for a period of
less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor during
the performance of the Agreement, such dispute shall be decided by the City Manager
and his decision shall be final and binding upon Contractor and his sureties.
16. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to fifteen
thousand dollars ($15,000) as security for the Faithful Performance of this Agreement.
18. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all
relevant information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment based on
race, religion, color, sex, handicap, national origin, or other basis that is violative of the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
• •
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
22. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
TruGreen LandCare, Inc.
1150 West Trenton Avenue
Orange, CA, 92867
iI!;
23. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonable required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. This Agreement may be terminated at anytime, without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City
shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of
termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the level of maintenance falls below appropriate
landscape or hardscape maintenance standards and /or Contractor fails to
satisfactorily perform Contract Services. City shall have the right to return
funds withheld until the City Administrator determines that Contract
Services are performed as well as frequently as required by this
Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that the court with jurisdiction over the action may determine and fix
reasonable attorneys' fees and expenses to be paid to the prevailing party.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the performance of
Contract Services.
11
26. WAIVER
E
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
27. INTEGRATED CONTRACT
The August 1997 and September 1997 agreements are terminated as of the
effective date of this Agreement. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties concerning the
services to be provided under this Agreement. All preliminary negotiations and
agreements of whatsoever kind or nature are merged in this Agreement. No verbal
agreement or implied covenant shall be held to vary the provisions hereon. Any
modification of this Agreement will be effective only by written execution signed by both
City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
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12
CITY OF NEWPORT BEACH
A Mi
13
TruGreen LandCare, INC.
Title.
LIST OF EXHIBITS
E
Exhibit A
Scope of Work — Park/Facility Maintenance
Exhibit B
Scope of Work — Park/Facility Turfgrass Maintenance
Exhibit C
Park/Facility Maintenance Locations
Exhibit D
Park/Facility Turfgrass Maintenance Locations
Exhibit E
Maintenance Frequency Summary
Exhibit F
Park and Facility Areas
Exhibit G
Standard Materials
Exhibit H
Reports
Exhibit I
Bid Unit Prices
Exhibit J
Bid Unit Costs — Park/Facility Maintenance
Exhibit K
Bid Unit Costs — Park/Facility Turfgrass Maintenance
• EXHIBIT A •
TECHNICAL MAINTENANCE SPECIFICATIONS FOR CONTRACT
MAINTENANCE OF CITY PARKS AND FACILITIES
SCOPE OF WORK
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Summary", Exhibit E. The City shall have the right to
determine schedule days and the extent and frequency of additional "as needed"
services. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the listed facilities.
2. All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
3. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free
of weeds, trash, and other debris.
4. Contractor will keep sidewalks free of algae where constant runoff occurs.
5. Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
6. Contractor will clean sidewalks, roadways, and any other areas littered or soiled
by his maintenance operations.
7. The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his construction and installation equipment
from the premises. Any dirt or stains caused by the work shall be removed.
Existing City trash containers shall not be used by the Contractor for his debris.
8. Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
9. Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
10. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
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• EXHIBIT A •
11. Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of City
facilities.
12. All insects and other like pests shall be controlled by the Contractor. Any
control measures should be approved first by the Parks and Tree Maintenance
Superintendent with written recommendations from the Contractor's Pest Control
Advisor. All rodent activity shall be eradicated as soon as possible. Particular
attention to burrowing rodents is necessary to protect the site.
13. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
14. All broken glass and sharp objects shall be removed immediately.
15. All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all times.
16. All play and sports equipment shall be inspected for vandalism, safety hazards
and serviceability daily. Deficiencies shall be reported in writing immediately to
the City.
17. All sand and wood chip areas abutting maintained areas shall be cleaned when
dirtied by Contractor's operations and at other times as required.
18. Trash cans provided by the City shall be emptied as needed and washed after
emptying (when necessary) or as determined by the Inspector. Contractor shall
provide plastic liners for all trash cans at Contractor's expense.
19. All concrete "V" drains, to include the portion under the sidewalk, shall be
kept free of vegetation, debris and algae to allow unrestricted water flow.
20. All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
21. All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned monthly or as needed to
insure consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and Tree
Maintenance Superintendent.
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0 EXHIBIT A •
3. Failure to properly maintain drainage systems or to notify the Parks and Tree
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an operable
condition in those locations where operable systems exist. This includes but is
not limited to controllers, backflow devices, moisture sensors, manual and remote
control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor
shall not be responsible for the water meter assembly except as he /she may cause
damage to these items.
a. Repair and adjust all sprinkler heads to maintain proper and uniform water
application. The Contractor will adhere to all State, County, and local
regulations accordingly.
b. Adjust water application (both manual watering and by adjusting the
irrigation controllers) to compensate for changes in weather. Contractor will
be responsible for damages occurring due to under- watering or over - watering.
c. Contractor must turn off irrigation systems during rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Tree
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of Newport
Beach standard irrigation specifications.
h. Irrigation programming charts will be included in each monthly report.
i. Areas that require irrigation will have such accomplished no earlier than
11:00 PM or later than 6:00 AM.
j. Contractor will maintain moisture sensors at all sites at which moisture
sensors are installed.
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• EXHIBIT A •
2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the system.
3. Irrigation systems shall be thoroughly inspected by operating all control valves
and checking for proper coverage, leaks, valve actuation, proper timing, and other
operational conditions. Such inspection shall be made weekly June through
September and bi- weekly October through May. However, the contractor shall be
responsible for the proper operation of the system at all times and shall provide
for obvious repairs as they occur or are needed.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as needed to
maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -third
(1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing.
c. Clippings shall be collected and removed unless otherwise directed by the
City.
d. Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not be
permitted.
e. Chemically kill turf around trees, as needed, a maximum of six inches
from the tree base or as directed by the City. If a tree wound is present then
hand trimming is required. A 2" layer of bark mulch shall be maintained in
this area.
f. Mechanically trim around vaults, posts, and other similar features on a
weekly basis.
g. Mowing equipment shall be approved by the City. Equipment must be
sharp and properly adjusted to avoid damage to the turf plant.
h. Pick up all litter prior to mowing.
2. Mow turf to the following heights:
a. Warm season turf's including Bermuda grass- 3/4 to 1 1/4 inches.
b. Cool season turf's including bluegrass, perennial rye, fescues - 1 1/2 to 2
1/2 inches.
4ofII
• EXHIBIT A •
c. Kikuya and St. Augustine turfs - 1 1/4 to 13/4 inches.
3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized three times per year using a homogenous, pellet or
granular slow release material. City must approve the material used. Apply at the
following rates and time:
a. February: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
b. June: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
c. October: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at individual parks as
directed by the City in the month of December and review the analysis with
the City representative in the month of January.
f All materials must be approved by the Parks and Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and Tree
Maintenance Superintendent on a "Monthly Fertilizer Use Report."
5. Appropriate fungicide, weed control, and insecticide materials shall be applied
to all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis
b. Chemical control of broadleaf weeds shall be initiated as needed on all
turf.
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• EXHIBIT A •
6. Aerate all turf areas as often as required (minimum of twice per year; between
April 1 and May 15 and between September 1 and November 1).
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not
more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and
the health of the turf plant.
a. Irrigation must be scheduled to avoid either under- watering or over -
watering.
b. Manually water where necessary.
c. Check operation of irrigation weekly June through September and
biweekly October through May, or more often when conditions warrant, to
insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs, Correct as necessary.
10. Scheduling of mowing and turf care maintenance times will be approved by
the City. Attention to public use will dictate schedules, and noise levels will be
kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed free condition.
a. Weeds shall be removed as they appear. A pre- emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 12 -4 -6 slow - release turf fertilizer, at a
rate of 2 pounds actual fertilizer per 1,000 square feet.
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• EXHIBIT A •
d. Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
e. Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
f. Control pests, including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
g. Bare ground cover areas shall be kept cultivated and raked of all debris.
h. Bark mulch should be replaced as needed.
Shrub, Vine, and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the
Parks and Tree Maintenance Superintendent.
b. Pruning shall be accomplished to maintain a "natural" appearance;
decorative, poodle cuts or other unnatural pruning will not be permitted.
c. Control pests as required, including snails and insects.
d. Remove all dead, diseased, or damaged branches back to a side branch.
Do not leave branch stubs.
e. Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
f. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
g. Careful attention not to prune or trim shrubs prior to blooming shall be
made. At the conclusion of blooming of plants such as raphiolepsis, all
blooms shall be trimmed off or otherwise removed. Flower stalks on
agapanthus, day lilies, morea, and other similar plants shall be removed
immediately after blooming or as directed by City.
h. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
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0 EXHIBIT A •
i. Growth of woody plants shall be encouraged except where it interferes
with circulation, maintenance activities, roadways, drainage facilities, fence
lines, or other structures. Dead branches of plants shall be removed regularly.
j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
k. Bark mulch should be replaced as necessary.
1. All plant material will be trimmed to protect property owners ocean views,
bay views, vistas, etc. as needed or as directed by City staff.
2. Contract responsibility covers trimming all trees up to eight (8) feet. Trees
shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic
and to provide clearance from buildings, signs and other similar features.
a. Remove all suckers from base of trees as they develop throughout the
year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor to stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. Immediately notify the Parks and Tree
Superintendent if any of the above conditions exists.
f. Except for emergency removal, no tree /shrub shall be removed without
prior direction or approval of the City. Trees /shrubs badly damaged and in
need of replacement shall be brought to the attention of the Parks and Tree
Superintendent.
g. Water as required to maintain proper and vigorous growth according to
variety. Manual water where necessary.
h. Tree wells shall be maintained with 2" of bark mulch unless ground cover
is present. Weeds shall be removed, including their roots, before they reach
3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
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• EXHIBIT A •
3. Complete pruning, heading back, lacing out, or removal will only be done at
the direction of the City and at the prescribed unit price. All such pruning shall be
made in accordance with current International Society of Arboricultural
techniques and practices that promote the natural character of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios
shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be blown
or otherwise swept onto adjacent streets or property. All debris must be
picked up by the Contractor and removed from the site. Any equipment that
is used for cleaning hardscape must be approved by the City.
General Grounds Policing
1. The Contractor shall provide general grounds policing and inspection six days
per week.
a. Remove all litter and other debris from site six days per week.
b. If refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
notification by the City. Failure of said removal may result in deduction
of payment for that date or week.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Tree Maintenance Superintendent. Contractor
shall be responsible to report below standard conditions of all structures and
fixtures, including but not limited to:
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• EXHIBIT A •
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
4. Graffiti
Sand/Wood Chip Areas:
1. These areas shall include tot lots, play areas, volleyball courts, etc.
a. All areas shall be maintained weed free.
b. During the first week in April, June, August, October, December and
February, all sand areas shall be rototilled to the maximum depth that will
allow complete loosening of the sand but will not cause lower base materials
to be mixed in with the sand. After rototilling, all areas shall be raked level.
c. Sand and wood chips shall be replenished as necessary to maintain
optimum level in each area, and final level shall be determined by the City for
each area. Replacement sand shall be at least equivalent to washed plaster
sand and approved by the City (standard designation of rock product suppliers
to denote a type and cleanliness of sand). All additional sand or wood chips
that are added shall be at the contractor's expense.
d. Six days per week week, all sand and wood chip areas shall be cleaned and
raked level.
Specialty/Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts,
bicycle trails, all asphalt, concrete and decompossed granite walkway.
b. All areas shall be swept six days per week if necessary, to remove all
deposits of silt and/or sand and glass.
c. On Thursday of each week, all areas shall be thoroughly cleaned by
sweeping or flushing with water.
d. All hard surface areas shall be inspected six days per week for uplifts
and/or tripping hazards. All uplifts and/or tripping hazards shall be barricaded
immediately and the City notified verbally within two (2) hours and by written
memo within twenty -four (24) hours.
e. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
10 of 11
0 EXHIBIT A •
f. All broken glass and sharp objects shall be removed immediately.
g. All areas shall be inspected six days per week and maintained in a neat,
clean and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six days per week.
i. All play and sports equipment within hardscape areas shall be inspected
for vandalism, safety hazards and serviceability daily. Deficiencies shall be
reported in writing immediately to the City
j. All leaves, paper and debris shall be removed from hardscape areas and
disposed of off site.
Drinking Fountains:
1. Inspect, clean, adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Disposal
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall
pay all disposal fees and provide documentation evidence of recycling to include
location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the
City by 30 days after the end of each calendar quarter.
11 of 11
• EXHIBIT B •
Specifications for Contract of Turfgrass Maintenance of
City Parks and Facilities
SCOPE OF WORK
The contractor shall provide the following services and meet the following specifications:
1. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform turfgrass maintenance as
described herein including, but not limited to, the following:
1. Turfgrass weed eradication and control both mechanically and with chemicals.
2. Fertilizing.
3. Irrigation repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hardscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
2. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and 5:00
PM, Monday through Friday. No Saturday or Sunday work is to be scheduled without permission
from the City, unless it is an emergency situation or the result of a normal holiday. No motorized
equipment shall be operated before 8:00 AM nor after 5:00 PM., unless specified in Attachment
F.
3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest turfgrass maintenance
standard, as stated in the enclosed maintenance specification description. Standards and
frequencies may be modified from time to time as deemed necessary by the City for the proper
maintenance of the sites.
B. If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein,
withhold appropriate payment from the Contractor until services are rendered in accordance with
1 of 10
• EXHIBIT B •
specifications set forth within this document and providing no other arrangements have been
made between the Contractor and the and the City. Failure to notify of a change and/or failure to
perform an item or work on a scheduled day may result in deduction of payment for that date or
week. Payment will be retained for work not performed until such time as the work is perforated
to City standard.
C. The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject deficiency shall be
withheld for current billing period and shall continue to be withheld until deficiency is corrected,
without right to retroactive payments. If an area is not mowed or edged as scheduled, payment
will be withheld for the maintenance cost of the specific areas that were not maintained.
4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with the Contractor and the
City representative to determine progress and to establish areas needing attention. A monthly
maintenance schedule will be submitted in writing to the City by the first of said month.
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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to David E. Niederhaus, General Services Director,
General Services Department, City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA
92663 -3884.
7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is given for said
work and the estimate is approved by the City before the work is commenced. The Contractor
will be required to provide before and after photographs of safety items or emergency repairs
which were made without prior City approval. Documentation of contract compliance may be
required on some occasions.
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• EXHIBIT B •
8. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in conformity
with the "The California Manual on Uniform Traffic Devices" for use in performance of work
upon highways issued by the State of California, Department of Transportation and as directed
by City staff.
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.
9. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape material recycling
center or roused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves,
trash, and other debris from the operation as work progresses. The City shall not be responsible
for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of
recycling to include location, tonnage, etc. on a monthly basis to the City.
10. RECORDS
A. The contractor shall keep accurate records concerning all of Ms/her employees or
agents and provide the City with names and telephone numbers of emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Parks and Tree Maintenance Superintendent.
This report should also contain a description, including man- hours, equipment, and materials
breakdowns and costs used to accomplish any additional work which the contractor deems to be
beyond the scope of the contract. Under ordinary conditions, payment for this work will not be
authorized unless the additional work, and costs thereof, are first approved in writing by the City.
AAphone log will be submitted monthly of all calls from the City of Ngwoort Beach General
Services Department and the City of Newport Beach Police Delartment to the Contractor,
whether or not those calls require a request for service, and a description of the action taken from
the City call.
C. The Contractor shall, within fifteen (15) days of the effective date of an executed
agreement;, prepare and submit a written annual maintenance calendar to the Parks and Tree
Maintenance Superintendent. This maintenance calendar shall clearly indicate all of the turfgrass
maintenance tasks required by this agreement and the months of t e year they are scheduled to be
performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified
calendar must be submitted to the Parks and Tree Maintenance Superintendent for approval prior
to the date the change 3 are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and records
regarding City provided services only at any reasonable time.
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• EXHIBIT B •
it. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at least two qualified
persons who may be contacted by City representatives when emergency maintenance conditions
occur during hours when the Contractor's normal work force is not present in the City of
Newport Beach. The Contractor representatives shell respond to said emergency within thirty
(30) minutes from receiving notification.
12. 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 We"
maintenance operations are defined as: fertilization, turf aerification, tur dethatching, seeding,
preventive and curative application of turf fungicide, herbicidc or any required pesticide
applications and plant replacements.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and submit a copy thereof.
The Contractor must be licensed as a California State Licensed Pest Control Operator and a
California State Licensed Pest Control Advisor. The name and permit number will be supplied to
the City at the beginning of contract, and any changes forwarded within twenty -four (24) hours
of said change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of the job site
and provide the office with phone service during normal working hours. During all other times, a
telephone answering service shall be utilized and the answering service shall be capable of
contacting the Contractor by radio or pager. Contractor shall have a maximum response time of
thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or
materials. Contractor will have full responsibility for maintaining an office and a yard.
15. 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 and 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.
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• EXHIBIT B •
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 one week prior to the effective date of the
contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior
to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Tree Maintenance
Superintendent at least twenty-four (24) hours prior to the scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work on a
scheduled day may result in deduction of 12Ument for that date or week.
6. The Contractor shall adjust his/her schedule to compensate for all holidays and
rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days,
unless otherwise indicated by the City.
C. Performance on Schedule
1, 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.
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• EXHIBIT B 0
16. 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 Parks and Tree Maintenance
Superintendent when the work force has been removed from the job site due to inclement
weather or other reasons.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the safety of
his/her work crew and to protect, in place, existing utility equipment before commencing any
excavation. Contractor shall contact the Parks and Tree Maintenance Superintendent and
Underground Service Alert (1- 800 - 422 -4133) 48 hours before commencing any excavation, to
locate underground service lines.
18. PESTICIDES
A. The City must maintain all documents that pertain to the use of pesticides on its
property. Contractor must provide the Parks and Tree Maintenance Superintendent with all of the
following:
1. A copy of Contractor's Orange County Agricultural Commissioner, "Restricted
Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before Contractor uses
any pesticide.
3. A "Pesticide Use Daily Record" for any site at which a pesticide was used, within
24 hours of application.
4. If a restricted pesticide is proposed to be used, a copy of the "Notice of Intent To
Use Restricted Materials ", 24 hours before application.
5. A list of Environmental Protection Agency numbers and Material Safety Data
Sheets of 0 the pesticides Contractor intends to use for this contract, prior to such use.
6. The contractor shall not use any pesticide that has not been authorized by the Park
and Tree Maintenance Superintendent.
6of10
0 EXHIBIT B •
19. TECHNICAL MAINTENANCE SPECIFICATIONS
A. GENERAL TURFGRASS MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Summary" (Exhibit E). 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 parks and facilities.
2. All operations will be conducted so as to provide maximum safety for the public
and minimize disruption of the public use of City parks and facilities.
3. Leaves, paper, broken glass, and any other debris will be removed from turfgrass
areas prior to mowing and disposed of off -site.
4. Contractor will clean sidewalks, roadways, and any other areas littered or soiled
by his maintenance operations.
5. The Contractor shall maintain the premises clean of debris at 0 times. Upon
completion of any work project, the Contractor shall remove remaining excess materials,
waste, rubbish, debris, and his construction and installation equipment from the premises.
Any dirt or stains caused by the work shall be removed. Existing City trash containers
shall not be used by the Contractor.
6. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
7. Contractor must notify City within one (1) hour of facilities or conditions that
may break, malfunction, or interrupt the public's use of City parks and facilities.
8. All insects and other like pests shall be controlled by the Contractor. Any control
measures should be approved first by the Parks and 'free Maintenance Superintendent
with written recommendations from the Contractor's Pest Control Advisor. All rodent
activity shall be eradicated as soon as possible. Particular attention to burrowing rodents
is necessary to protect the site.
9. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
10. All repairs or replacements to be made with original type material or as directed.
11. Material substitutions must be approved by the Parks and Tree Maintenance
Superintendent.
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0 EXHIBIT B 0
12. Necessary irrigation repairs shall be made within 24 hours. All repairs shall be
made in accordance with City of Newport Beach standard irrigation specifications.
13. Turf shall be regularly mechanically trimmed using line trimmers around
sprinkler heads to insure the proper operation of the system.
B. TURF MAINTENANCE
1. A mowing schedule of all areas shall be provided to the City by the Contractor.
2. All areas will be mowed not less than once a week during the warm season of
March I through November 30 and once every two weeks during the cool season of
December I through February 28. AU sports turf areas and City Hall are to be mowed
weekly, 52 times per year.
Fescue, Kikuya, Perennial Rye and Bluegrass turfgrasses shall be mowed using a
rotary mower at a cutting height of 2 " -2 1/2 ". Bermuda turf shall be mowed using a reel
mower, at a cutting height of 1/2" - 3/4 ". Mowing height shall be as directed by the City.
3. Clippings shall be collected and removed at end of each mowing unless otherwise
directed by the City. Mulching mowers may be acceptable if approved by City prior to
mowing of a particular site(s)
4. Mechanically, trim growth using line trimmers from around all trees, valve boxes,
lamp posts, drains and other permanent structures located in the turf at each site mowing.
fine trimmers shall be used to keep the turf at approximately the height as mowers, except
around sprinkler heads and valve boxes where the turf should not be trimmed to below
1/2 ". The contractor shall be liable for any damage caused to trees as a result of use of
line trimmers.
5. Mowing equipment shall be sharp and properly adjusted to avoid damage to the
turf grass.
6. Pick up all litter from turfgrass areas prior to mowing.
7. Vertical mowing of turfgrass shall be done once per year in October. Sports fields
will be done in July, or as directed by City.
8. Depth of cut shall be sufficient to remove thatch without damaging crown of turf
plant. Dethatching shall be accomplished by use of "vertical cut type" dethatch machine.
The amount of dethatching shall be determined by City.
9. All thatch and debris shall be removed and disposed of at the end of each day.
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0 EXHIBIT B 0
10. All turf shall be fertilized three times per year using a homogenous, pelletor
granular slow release material. City must approve the material used. Apply at the
following rates and time:
a. February: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
b. June: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
c. October: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at Contractors expense at
12 individual parks and/or facilities as directed by the City in the month of
December and review the analysis with the City representative in the month of
January.
f. All materials must be approved by the Parks and Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and Tree
Maintenance Superintendent on a "Monthly Fertilizer Use Report."
11. Appropriate fungicide, weed control, and insecticide materials shall be applied to
all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis.
b. Chemical control of broad leaf weeds shall be initiated as needed on all turf.
12. Aerate all turf areas twice per year; once in April and again in October.
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more
than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose of all cores.
c. Contractor is responsible for locating and marking all sprinkler components
prior to aeration operations.
13. Visually check all turf areas on a weekly basis for pests, fertility, irrigation,
damage, or other problems. Correct or advise the City immediately.
14. Scheduling of mowing and turf care maintenance times will be approved by the
City. Attention to public use will dictate schedules, and noise levels will be kept to an
acceptable minimum at all times.
9 of 10
• EXHIBIT B •
C. HARDSCAPE MAINTENANCE
After each mowing or maintenance activity all hardscape will be cleaned.
2. Vacuums, blowers, sweepers.or other approved means may be used to clean
hardscape areas. AU blowers shall be operated in a manner so as to not disturb residents
or visitors. However, debris shall not under anv circumstance be blown or otherwise
sweat 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.
D. GENERAL GROUNDS POLICING
1. Refuse or litter shall be removed prior to mowing operations Failure of said
removal may result in deduction of payment for that date or week
10 of 10
• EXHIBIT C •
Park/Facility Maintenance
LOCATIONS
PARK
ADDRESS
ACREAGE
Balboa Island
115 Agate Ave., Balboa Island
0.3
Ba side Drive
Ba side Dr. between Carnation and Larkspur
4.4
Bayview
Mesa Dr. @ Bayview Ave.
3.0
Begonia
Begonia Ave. at First Ave.
2.1
Bob Henry
16th Street @ Dover Drive
4.8
Bonita Creek
University Dr. @ La Vida
10.0
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
15.0
Castaways
16th Street Dover Drive
5.0
Gateway
Newport Blvd. @ Via Lido
0.4
Eastbluff
Vista Del Oro @ Vista Del Sol
13.9
Irvine Terrace
Seadrift Dr. @ Evita Dr.
6.8
Jasmine View
Harbor View Dr. P, Marguerite Ave.
1.0
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
2.7
Old School
Carnation Ave. 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
4.1
San Miguel
San Miguel Dr. P, Spyglass Hill Rd.
7.3
Spyglass Hill
Spyglass Hill Rd @ El Ca itan Dr.
1.4
SP-lass Hill Resevoir
Muir Beach Circle
1.0
Sunset View
INorai of PCH off of Superior Ave.
0.7
SUBTOTAL 84.7
FACILITIES ADDRESS ACREAGE
Police Department Santa Barbara Drives Jamboree Road 1 0.4
SUBTOTAL 0.4
GRAND TOTAL 85.1
IofI
• EXHIBIT D
Turfgrass Maintenance
Park/Facility Locations
Parks
Address
Acrea e
Bolsa
Bolsa Ave. Old Newport Blvd.
0.1
Channel Place
Channel Place P, 44th St.
1
Cliff Drive
Cliff Dr. Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. P, El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
Iris Ave. 5th Ave.
2.5
Harbor View Nature
San Miguel Dr. Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
"L" St. Del Sur
0.5
Las Arenas
Balboa Blvd. 16th St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. @ Irvine Ave.
5
Newport Island
Marcus @ 39th St.
0.1
Newport Shores
61st St. @ Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 5th Ave.
3.4
Ocean Blvd. Bluffs
Fernleaf Ave. to Poppy Ave.
1
Peninsula
Main St. Oceanfront, Balboa
3.5
Veteran's Memorial
15th St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. A Channel Rd., Balboa
0.2
West Newport
Seashore Dr. Between 57th St. & River Je
4
38th Street
Balboa Blvd. @ 38th St.
0.3
SUBTOTAL 27.9
1 of 2
• EXHIBIT D
Turfgrass Maintenance
Park/Facility Locations
Fire Stations:
1 Balboa Blvd. Island Ave. 0.1
2 32nd St. Villa Way 0.1
3 Santa Barbara Dr. @ Jamboree Rd. 0.1
5 Marigold Ave. between PCH/2nd Ave. 0.1
6 Irvine Ave. P, Dover Dr. 0.1
SUBTOTAL 0.5
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
0.2
Corona del Mar
Marigold Ave. between PCH12nd Ave.
1 0.1
SUBTOTAL 0.3
Miscellaneous:
CdM State Beach Ocean Blvd. Jasmine Ave. 1
City Hall 3300 Newport Blvd. 32nd St. 1
Lincoln Athletic Center 3101 Pacific View Dr. 8
Newport Pier Plaza Balboa Blvd. P, McFadden Pl. 0.2
Oasis Senior Citizens Ctr. 800 Marguerite Ave. @ 5th Ave. 1
W. Nwpt Community Ctr. 883 W. 15th St. off Placentia Ave. 0.1
SUBTOTAL 11.3
GRAND TOTAL 40
Zof2
• EXHIBIT E •
MAINTENANCE FREQUENCY SUMMARY
FUNCTION
FREQUENCY
Irri ation Inspection
lWeekly
Turf Maintenance
Mowing
Every week, March thru November
Every Two weeks, December thru February
Sports Fields and City Hall Weekly
throughout the year
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
3 /year
Vertical Mow
1 /year
Aerate
2 /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice a year
Pest and Weed control
As needed
Visual Inspection
Weekly
Shrub, Vine, and Tree Maintenance
Trim
4 /year
Fertilize
Twice a year (once /year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Hardsca a Maintenance
Each site visit/weekly min.
Grounds Policin itter Removal
Six days per week
Site Inspection
Six days per week
IofI
• EXHIBIT F •
PARK AND FACILITY AREAS
Sites Requiring Mandatory Early Mowing
1 of 1
Before 7:00 a.m.
Before 9:00 a.m.
Before 10:00 a.m.
City Hall
38th St. Park
Las Arenas Park
Newport Pier Plaza
Peninsula Park
Oasis Senior Citizens Ctr
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
Lincoln Athletic Ctr
San Miguel Park
Begonia Park
1 of 1
EXHIBIT G 0
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach before
installation. Any item not mentioned in the Standard Materials list must be approved by
Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Elect. Valve
6. Rainmaster Evolution DX2
7. Rainmaster EVMV 2 way master valve
8. Rainmaster EVFM Flow sensor
9. Rainmaster EV -SEN ADJ moisture sensor
10. Mateo 754 Series Full Port Ball Valve
11. Class 200 PVC Lateral Pipe
12. Class 315 PVC Main Supply Pipe 1 %z" and Larger
13. Schedule 40 PVC Main Supply Pipe 1 '/4" and Smaller
14. Rectangular Valve Box - Plastic -18 "L x 12 "Deep
15. Round Valve Box —Plastic — 10"
16. Rainbird #44 Quick Coupling Valve with Vinyl Cover
17. Control Wire: AWG, U.F. 600 -Volt Direct Burial Copper with PVC Insulation
18. Head model to be selected by the City
a. Toro 570 Pop Up
b. Toro 300 Series Stream Rotor -Pop Up
c. Toro XP 300 Series — Pop Up
d. Toro 640 Series — Turf Head
e. Toro 500 Series Shrub Flood Bubbler
f. Toro 2001 Turf Rotor
g. Toro V1550
TURF FERTILIZERS, ETC:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible
3. No steer nor chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
1 of2
9 EXHIBIT G •
PLANTSTOCK
All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs,
annuals and perennials, flowers, and ground covers must be approved by the Park and
Tree Maintenance Superintendent before planting.
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.
2 of 2
• EXHIBIT H 0
REQUIRED REPORTS
1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (as sent to County Agriculture
Commission)
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation inspection check list (to include controller and site
inspection for all sites and a list of any repairs required)
9. Monthly irrigation controller programming charts
10. Extra work approval list
11. Weekly maintenance inspection list for all sites
12. Manual irrigation schedule
13. Annual pesticide safety training records
14. Required tailgate safety meeting records
15. Monthly maintenance report
16. Monthly greenwaste recycling report
lofl
0
EXHIBIT I
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope of
work, including additions and deletions on work not performed, the contract sum shall be
adjusted in accordance with the following unit prices, where the City elects to use this
method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid proposal.
Unit prices listed below refer to all items installed and the construction documents and
include all costs connected with such items; including but not limited to, materials, labor,
overhead, and profit for the Contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the total number
units and/or the amount of labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the
contact and exhibits.
FUNCTION COST /UNIT OF MEASURE
TURF
Turf Mow -Reel Blade
$2.25/1000 Sq. Ft.
Turf Mow -Rotary Blade
$1.50 11000 Sq. Ft.
Turf Mow and Clippings Picked Up
$1.65/1000 Sq. Ft.
Turf Edge
$2.50/1000 Linear Ft.
Turf String Trim
$3.25/1000 Linear Ft.
Turf Chemical Edge 6" Swath
$7.00/1000 Linear Ft.
Turf Chemical Edge 12" Swath
$14.00/1000 Linear Ft.
Turf Aerify
$2.30 /1000Sq.Ft.
Turf Fertilize
$2.10/1000 Sq. Ft.
Turf Dethatch/Renovate
$150.00 /Acre
Turf Sweeping
$5.15 11000 Sq. Ft.
Flail Mow of Natural Areas
$140.00 /Acre
RARDSCAPE
Cleaning and weed abatement $6.50/1000 Sq. Ft.
GROUNDCOVERS
Mow $2.25/1000 Sq. Ft
Edge $2.60/1000 Linear Ft.
Fertilize $2.75/1000 Sq. Ft.
1 oft
EXHIBIT I
PEST CONTROL
Turf disease /insect spray
$22.89/1000
1 -4 Feet, Hedging
Sq. F.
Boom Application
$10.5011000
4 plus Feet, Hedging
Sq. Ft.
Hand Application
$19.50/1000
5 Gal. Tree
Sq. Ft.
Turf Broadleaf Spray
$50.00/Each
24" Box Tree
$175.00/Each
Boom Application
$10.00/1000
Turf -Seed and Top Dress
Sq. Ft.
Hand Application
$19.00/1000
LABOR
Sq. Ft
Groundcover disease /insect spray
$19.50/1000
Landscape Maint. Leadworker
Sq. Ft.
Shrub disease /insect spray
$21.00/1000
Irrigation Specialist
Sq. Ft.
Soil Sterilant Applicant
$22.50/1000
Tree Trimmer
Sq. Ft.
Turf Pre - Emergent
$6.50/1000 Sq. Ft.
Landscape Planter Weed Control
$18.25/1000
Sq. Ft.
General Weed Control Post Emergent
$18.25/1000
Sq. Ft.
SHRUB PRUNING
1 -4 Feet, Lacing
$4.25 /Shrub
1 -4 Feet, Hedging
$3.90 /Shrub
4 plus Feet, Lacing
$6.25 /Shrub
4 plus Feet, Hedging
$5.50 /Shrub
TREE PRUNING
Up to 8 Feet
$20.00 /Tree
PLANTING
1 Gal. Shrub /Tree
$5.00 /Each
5 Gal. Shrub
$16.00 /Each
5 Gal. Tree
$30.00/Each
15 Gal. Shrub
$50.00/Each
24" Box Tree
$175.00/Each
64 Count Flat Groundcover
$15.00/Flat
Turf -Seed and Top Dress
$.38/1000 Sq. Ft.
Turf -Sod
$.65/1000 Sq. Ft.
LABOR
Landscape Maint. Laborer
$10.00/Hour
Landscape Maint. Leadworker
$12.00/Hour
Landscape Maint. Supervisor
$17.00/Hour
Irrigation Specialist
$19.50/Hour
Pest Control Applicator
$19.50/Hour
Tree Trimmer
$19.50/Hour
Equipment Operator
$48.35 /Hour
2 of 2
• EXHIBIT J •
Park/Facility Maintenance
�11i►1`IYI[�Lily116�
Area
Unit Cost
Balboa Island
$686.28
Ba side Drive
$10,784.40
Ba iew
$7,353.00
Begonia
$5,147.10
Bob Henry
$11,764.80
Bonita Creek
$24,510.00
Buffalo Hills
$36,765.00
Castaways
$12,255.00
Gateway
$980.40
Eastbluff
$34,068.90
Irvine Terrace
$16,740.33
Jasmine View
$2,451.00
Manning Tract
$6,617.70
Old School
$1,960.80
San Joaquin Hills
$9,951.06
San Miguel
$17,941.32
Spyglass Hill
$3,480.42
4xillass Hill Resevoir
$2,451.00
Sunset View
$1,712.27
SUBTOTAL $207,620.78
Area Unit Cost
Police Department $4,166.70
SUBTOTAL $4,166.70
GRAND TOTAL
IofI
$211,787.48
EXHIBIT K 0
Turfgrass Maintenance
BID UNIT COSTS
Area
Unit Cost
Bolsa
$216.92
Channel Place
$2,169.28
Cliff Drive
$3,253.93
Ensign View
$1,084.64
Galaxy View
$2,169.28
Grant Howald
$5,423.22
Harbor View Nature
$2,169.28
Kings Road
$216.92
"L" Street
$1,084.64
Las Arenas
$433.85
Lido
$1,084.64
Manners
$10,846.44
Newport Island
$216.92
Newport Shores
$216.92
Oasis Passive
$7,375.57
Ocean Blvd. Bluffs
$2,169.28
Peninsula
$7,592.50
Veteran's Memorial
$867.77
Westcliff
$2,169.28
West Jetty View
$433.85
West Newport
$8,677.15
38th Street
$650.78
SUBTOTAL $60,523.06
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• EXHIBIT K 0
Turfgrass Maintenance
BID UNIT COSTS
Facility UNIT COSTIYEAR
Area
Unit Cost
Fire Stations:
1
$216.92
2
$216.92
3
$216.92
5
$216.92
6
$216.92
Libraries:
Balboa
$433.85
Corona del Mar
$216.92
Miscellaneous:
CdM State Beach
$2,169.28
City Hall
$2,169.28
Lincoln Athletic Center
$17,354.30
Newport Pier Plaza
$433.85
Oasis Senior Citizens Ctr.
$2,169.28
W. Nwpt Community Ctr.
$216.92
SUBTOTAL $26,248.28
GRAND TOTAL $86,771.34
2 of 2
TRUGREEN Land8re`'
Mr. David E. Niederhaus, Director
General Services Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Dear Mr. Niederhaus,
S1150 W. Trenton Avenue
Orange, CA 92868
714-288-5955
FAY: 714 -288 -5950
Contractor's
License #774548
August 7,2000
On April 8, 1996, California Landscape Maintenance (CLM) entered into an agreement
with the City of Newport Beach to provide landscape maintenance of City medians and
roadside areas ( "Agreement "). The Agreement has renewed annually since 1996, and is
currently in its fourth year.
The purpose of this letter is to inform the City of Newport Beach that CLM was
purchased by TruGreen- ChemLawn Company on August 28,1998. As of August 28,
1998, CLM's operations merged with those of TruGreen- ChemLawn and began to
operate in the City of Newport Beach under the name of TruGreen Landcare. CLM no
longer exists as a separate business entity.
Therefore, please assign the Agreement dated April 8,1996 to TruGreen Landcare. By
Signing this letter, TruGreen Landcare accepts the assignment of the Agreement from
CLM to TruGreen Lancare and will comply with all the terms and conditions of the
Agreement.
You may contact Howard Mees at (714) 363 -0065 if you have any questions regarding
this letter.
Sin ely,
Howard Mees
Regional Manager
El
Attachment B
�NewPOR'
a
a
City Council Agenda
Item No. 11
August 22, 2000
TO:
FROM:
Mayor and City Council
General Services Director
AUG 2 2
SUBJECT: Landscape Maintenance Service Agreements
Recommendations
Approve the attached service agreement with TruGreen LandCare, Inc. to provide park and
turfgrass maintenance at certain City parks and facilities.
Approve the assignment of the April 8, 1996 California Landscape Maintenance agreement to
provide landscape maintenance of City medians and roadsides to TruGreen LandCare.
Background
In 1997, budget constraints led to the privatization of some park landscape and turfgrass
maintenance services. In August 1997, the City entered into an agreement with California
Landscape Maintenance (CLM) to provide turfgrass maintenance at certain City parks and
facilities.
Subsequently that same year, the City Council directed staff to privatize maintenance of all new
City parks. In response, the City entered into a second agreement with CLM in September 1997
to provide park landscape and turfgrass maintenance services in all new City parks.
Both CLM contracts have been renewed annually since 1998 without any increase in rates.
Last January, CLM was purchased by TruGreen- ChemLawn Company, and began to operate in
Newport Beach as TruGreen LandCare. Given that the two contracts will need to be renewed
this fall, staff has prepared a new agreement (Attachment A), which merges the scope of work of
the two existing agreements and addresses TruGreen LandCare's acquisition of CLM.
A third existing agreement with CLM to provide landscape maintenance of City medians and
roadsides will expire next year; however, staff is recommending that this agreement be assigned
to TruGreen LandCare at this time. TruGreen has submitted written acceptance of the
assignment, and agrees to comply with the terms and conditions of the current agreement
(Attachment B).
r.-X r .,�o -Cr.m Cmml Mo.
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Discussion
In addition to the scope of work specified in the current park/facility and turfgrass maintenance
agreements, the proposed agreement includes additional service areas east of Newport Bay that
are currently serviced by City staff (with the exception of 10 City parks and facilities east of the
Bay which will continue to be maintained by City staff due to special service needs). The
proposed agreement would provide full park maintenance services to 85 acres of City property
including 19 parks, and 40 acres of turfgrass maintenance at 14 other City facilities.
The extended service area results in an additional $75,000 contract fee. The additional contract
costs will be paid by salary and equipment savings from the elimination of two vacant full -time
positions in the Parks and Trees Division. This change was a part of the new budget and is
consistent with Council direction to privatize parks maintenance through personnel attrition.
The agreement is proposed for a one -year term, which will automatically renew for four
consecutive years. The City may terminate the agreement with 30 days written notice at the
conclusion of the initial term or any of the automatic extension periods. No annual CPI
adjustment is included in the contract.
To ensure that a high standard of service is maintained, specifications for the installation of
material, the application of herbicides or fertilizers, the planting of landscaping materials, and
hardscape and landscape maintenance schedules are detailed in the proposed agreement. The
agreement.also includes a provision allowing the City to alter the frequency of maintenance
when necessary. Service levels will be monitored by City supervisory staff who will also review
the contractor's required weekly, monthly, and annual reports of maintenance activities.
The assignment of the medians and roadsides maintenance agreement will result in no changes to
the scope of work nor service area provisions of that agreement.
Very respectfully,
David E. Niederhaus
Attachments: (A) Agreement with TruGreen LandCare, Inc. to provide park maintenance and
turfgrass maintenance at certain City parks and facilities.
(B) Letter signed by TruGreen LandCare accepting the assignment of the
medians and roadsides landscape maintenance agreement from California
Landscape Maintenance to TruGreen LandCare.
F.WWn GSVWEW49eUULY OMCo 11-CLM SmflReptdo
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CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this day of of 2000, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"),
and TruGreen LandCare, Inc., a California Corporation ( "Contractor or TruGreen "), is
made with reference to the following Recitals:
RECITALS
WHEREAS, prior to 1997, the City maintained City parks and facilities using its
own employees and equipment.
WHEREAS, due to budget constraints, in August 1997, the City contracted with
California Landscape Maintenance to begin to provide turfgrass maintenance services
in some City parks and facilities. In September of 1997, the City entered into another
contract with California Landscape Maintenance for park landscape and turfgrass
maintenance services in all new City parks. The August 1997 and September 1997
contracts have been extended annually per the terms of the contract since 1998 and
were last extended in 1999.
WHEREAS, in January 2000, California Landscape Maintenance was purchased
by TruGreen — ChemLawn Company and recently began to operate in the City under
the name of TruGreen LandCare.
WHEREAS, the City Council has determined it is in the City's best interest to
terminate the August 1997 and September 1997 contracts and enter into a new single
contract for services with TruGreen upon the terms and conditions as set forth below.
WHEREAS, TruGreen desires to enter into a new single Agreement to provide
services to City and acknowledges that the City has relied upon its representations and
commits to faithfully perform the services required by this Agreement and in accordance
with the terms and conditions of this Agreement.
WHEREAS, TruGreen has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type, common nature and
frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one (1) year. The term shall
commence within ten (10) working days of City Council Approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
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automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any automatic extension, of its intent to terminate this Agreement at
the conclusion of the initial term or any extension.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict
compliance with the scope of work requirements of Exhibits A and B at the park and
facility locations listed in Exhibits C and D ( "Contract Services'). The Contract
Services shall be performed at least as frequently as specified in Exhibit E with
particular attention to the time schedule of Exhibit F. City shall have the right to alter
frequency of maintenance as necessary to ensure highest industry standards of
maintenance. Contract Services relative to the installation of material, the application of
substances, or the planting of landscaping shall be in strict conformance with Exhibit G.
Reports will be submitted by the Contractor in accordance with Exhibit H. Bid Unit
Prices and Costs are contained in Exhibits I through K. All of the Exhibits are
considered to be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be monitored by a
certified California Landscape Contractors Association Landscape
Technician I (irrigation). All pesticide operations, where required, shall be
performed by a California State Licensed Pest Control Operator through
written recommendation by a California State Licensed Pest Control
Advisor. Contractor shall be responsible for compliance with all local,
State, and Federal laws and regulations regarding pesticide usage.
Contractor shall employ or retain, at its sole cost and expense, all
professional and technical personnel (in addition to irrigation and pesticide
specialists) necessary to properly perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
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D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Parks and Tree
Maintenance Superintendent when performing Contract Services. All
Contractor personnel shall wear identification badges or patches. Those
contract employees working in or adjacent to traffic zones shall wear
orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards (mowers, etc.). All
vehicles shall bear the identification of the Contractor and clearly past
"serving for the City of Newport Beach."
G. Contractor shall provide an Operations Manager to coordinate work with
the City Administrator and ensure satisfactory performance of Contract
Services. An area supervisor shall coordinate work crews on a daily basis
to ensure compliance with the terms of this Agreement.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Two hundred ninety eight thousand five
hundred fifty eight dollars and eighty two cents ($298,558.82) per year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices ".
5.
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means
of conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit G in
performing Contract Services. Any deviation from the materials described
in Exhibit G shall not be installed unless approved in advance by the City
Administrator.
B. Subject to the provisions of Section 7, City shall reimburse Contractor for
the actual cost, plus fifteen percent (15 %), of all materials installed by
3
Contractor in the performance of Contract Services. Actual cost shall be
the best price available to Contractor including all applicable discounts.
Contractor shall provide City with a schedule of typical costs of irrigation
parts, plant materials and other commonly used items within thirty (30)
days from the date of this Agreement. Contractor shall retain records
reflecting the actual cost of parts or materials used and the performance of
services required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts
and /or materials. Contractor shall secure, store, inventory, distribute and
control all materials or parts provided to Contractor by City. Contractor
shall make all materials and inventory available to the City upon request.
7. REPAIRIREPLACEMENT
A. Contractor shall advise the City Administrator (as defined in Section 13 of
this agreement) of any damage to City equipment or property immediately
upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or it agents, employees,
representative, or officers.
C. Contractor shall repair damaged irrigation pipes, controllers, and valves
only after the City Administrator has approved a written estimate of the
costs of repair.
D. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover,. mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the
services required by this Agreement or has been damaged by the acts of
Contractor or its employees. Contractor shall replace plant materials
damaged or destroyed by the acts of others only after the City
Administrator approves a written estimate of the costs of replacement
including materials and labor costs.
8. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of the Agreement.
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9. HOLD HARMLESS
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A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, and employees from and against any loss, damages,
liability, claims, costs, expenses or damages, including, but not limited to,
bodily injury, death, personal injury, property damages, attorneys fees and
court costs arising from, or in any way related to, the performance of
Contract Services required by this Agreement, provided, however,
Contractor's obligation in this regard shall not apply in the event of the
sole negligence, fraud or willful misconduct by City, its officials, agents,
employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council, boards
and commissions, officers and employees from and against any and all
loss, damages, liability, claims, costs and expenses whatsoever, including
reasonable attorneys' fees, which may accrue to any and all persons, or
business entities furnishing or supplying work, services, materials,
equipment or supplies to Contractor in the performance of services under
this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees and representative
harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third
party against the City.
10. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
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option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of two million dollars ($2,000,000) combined
single limit per accident for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Otherinsurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense,
,1
any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
12.
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
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D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted
monthly of all calls from the City of Newport Beach General Services
Department and the City of Newport Beach Police Department to the
Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his /her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional turfgrass maintenance or landscape
maintenance services as requested by the Administrator. The
Administrator may give verbal authorization for additional services up to
five hundred dollars ($500).
B. City reserves the right to withdraw certain park or facility locations from the
Scope of Work to be performed by Contractor pursuant to this Agreement.
City shall notify Contractor in writing of its intent to do so at least thirty (30)
days prior to the effective date of withdrawal of any location. In the event
a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the bid unit costs specified
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in Exhibits J and K. In the event the location is withdrawn for a period of
less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor during
the performance of the Agreement, such dispute shall be decided by the City Manager
and his decision shall be final and binding upon Contractor and his sureties.
16. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to fifteen
thousand dollars ($15,000) as security for the Faithful Performance of this Agreement.
18. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all
relevant information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment based on
race, religion, color, sex, handicap, national origin, or other basis that is violative of the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
N
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
22. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
TruGreen LandCare, Inc.
1150 West Trenton Avenue
Orange, CA, 92867
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23. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonable required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. This Agreement may be terminated at anytime, without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City
shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of
termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the level of maintenance falls below appropriate
landscape or hardscape maintenance standards and /or Contractor fails to
satisfactorily perform Contract Services. City shall have the right to return
funds withheld until the City Administrator determines that Contract
Services are performed as well as frequently as required by this
Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that the court with jurisdiction over the action may determine and fix
reasonable attorneys' fees and expenses to be paid to the prevailing party.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the performance of
Contract Services.
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26. WAIVER
0
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
27. INTEGRATED CONTRACT
The August 1997 and September 1997 agreements are terminated as of the
effective date of this Agreement. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties concerning the
services to be provided under this Agreement. All preliminary negotiations and
agreements of whatsoever kind or nature are merged in this Agreement. No verbal
agreement or implied covenant shall be held to vary the provisions hereon. Any
modification of this Agreement will be effective only by written execution signed by both
City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
ATTEST:
LaVonne Harkless,
Clerk
AP D AS TO FORM:
Robi auson,
Assistant City Attorney
F :XcatWsemisharedlAg %TruGreen.doc
da\07 -25.00
12
CITY OF NEWPORT BEACH
A Municipal Corporation
a
TruGreen LandCare, INC.
Title:r �
E
LIST OF EXHIBITS
r]
Exhibit A
Scope of Work — Park/Facility Maintenance
Exhibit B
Scope of Work — Park/Facility Turfgrass Maintenance
Exhibit C
Park/Facility Maintenance Locations
Exhibit D
Park/Facility Turfgrass Maintenance Locations
Exhibit E
Maintenance Frequency Summary
Exhibit F
Park and Facility Areas
Exhibit G
Standard Materials
Exhibit H Reports
Exhibit I Bid Unit Prices
Exhibit J Bid Unit Costs —Park/Facility Maintenance
Exhibit K Bid Unit Costs — Park/Facility Turfgrass Maintenance
• EXHIBIT A •
TECHNICAL MAINTENANCE SPECIFICATIONS FOR CONTRACT
MAINTENANCE OF CITY PARKS AND FACILITIES
SCOPE OF WORK
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Summary", Exhibit E. The City shall have the right to
determine schedule days and the extent and frequency of additional "as needed"
services. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the listed facilities.
2. All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
3. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free
of weeds, trash, and other debris.
4. Contractor will keep sidewalks free of algae where constant runoff occurs.
5. Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
6. Contractor will clean sidewalks, roadways, and any other areas littered or soiled
by his maintenance operations.
7. The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his construction and installation equipment
from the premises. Any dirt or stains caused by the work shall be removed.
Existing City trash containers shall not be used by the Contractor for his debris.
8. Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
9. Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
10. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
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0 EXHIBIT A •
11. Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of City
facilities.
12. All insects and other like pests shall be controlled by the Contractor. Any
control measures should be approved first by the Parks and Tree Maintenance
Superintendent with written recommendations from the Contractor's Pest Control
Advisor. All rodent activity shall be eradicated as soon as possible. Particular
attention to burrowing rodents is necessary to protect the site.
13. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
14. All broken glass and sharp objects shall be removed immediately.
15. All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all times.
16. All play and sports equipment shall be inspected for vandalism, safety hazards
and serviceability daily. Deficiencies shall be reported in writing immediately to
the City.
17. All sand and wood chip areas abutting maintained areas shall be cleaned when
dirtied by Contractor's operations and at other times as required.
18. Trash cans provided by the City shall be emptied as needed and washed after
emptying (when necessary) or as determined by the Inspector. Contractor shall
provide plastic liners for all trash cans at Contractor's expense.
19. All concrete "V" drains, to include the portion under the sidewalk, shall be
kept free of vegetation, debris and algae to allow unrestricted water flow.
20. All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
21. All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned monthly or as needed to
insure consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and Tree
Maintenance Superintendent.
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• EXHIBIT A •
3. Failure to properly maintain drainage systems or to notify the Parks and Tree
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrieation System Maintenance
1, The Contractor shall maintain the complete sprinkler system in an operable
condition in those locations where operable systems exist. This includes but is
not limited to controllers, backflow devices, moisture sensors, manual and remote
control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor
shall not be responsible for the water meter assembly except as he /she may cause
damage to these items.
a. Repair and adjust all sprinkler heads to maintain proper and uniform water
application. The Contractor will adhere to all State, County, and local
regulations accordingly.
b. Adjust water application (both manual watering and by adjusting the
irrigation controllers) to compensate for changes in weather. Contractor will
be responsible for damages occurring due to under - watering or over - watering.
c. Contractor must turn off irrigation systems during rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Tree
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of Newport
Beach standard irrigation specifications.
h. Irrigation programming charts will be included in each monthly report.
i. Areas that require irrigation will have such accomplished no earlier than
11:00 PM or later than 6:00 AM.
j. Contractor will maintain moisture sensors at all sites at which moisture
sensors are installed.
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EXHIBIT A
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2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the system.
3. Irrigation systems shall be thoroughly inspected by operating all control valves
and checking for proper coverage, leaks, valve actuation, proper timing, and other
operational conditions. Such inspection shall be made weekly June through
September and bi- weekly October through May. However, the contractor shall be
responsible for the proper operation of the system at all times and shall provide
for obvious repairs as they occur or are needed.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as needed to
maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -third
(1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing.
c. Clippings shall be collected and removed unless otherwise directed by the
City.
d. Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not be
permitted.
e. Chemically kill turf around trees, as needed, a maximum of six inches
from the tree base or as directed by the City. If a tree wound is present then
hand trimming is required. A 2" layer of bark mulch shall be maintained in
this area.
f. Mechanically trim around vaults, posts, and other similar features on a
weekly basis.
g. Mowing equipment shall be approved by the City. Equipment must be
sharp and properly adjusted to avoid damage to the turf plant.
h. Pick up all litter prior to mowing.
2. Mow turf to the following heights:
a. Warm season turfs including Bermuda grass- 3/4 to 1 1/4 inches.
b. Cool season turfs including bluegrass, perennial rye, fescues - 1 1/2 to 2
1/2 inches.
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• EXHIBIT A •
c. Kikuya and St. Augustine turf's - 1 1/4 to 13/4 inches.
3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized three times per year using a homogenous, pellet or
granular slow release material. City must approve the material used. Apply at the
following rates and time:
a. February: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
b. June: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
c. October: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at individual parks as
directed by the City in the month of December and review the analysis with
the City representative in the month of January.
f All materials must be approved by the Parks and Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and Tree
Maintenance Superintendent on a "Monthly Fertilizer Use Report."
5. Appropriate fungicide, weed control, and insecticide materials shall be applied
to all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis
b. Chemical control of broadleaf weeds shall be initiated as needed on all
turf.
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• EXHIBIT A •
6. Aerate all turf areas as often as required (minimum of twice per year; between
April 1 and May 15 and between September 1 and November 1).
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not
more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and
the health of the turf plant.
a. Irrigation must be scheduled to avoid either under- watering or over -
watering.
b. Manually water where necessary.
c. Check operation of irrigation weekly June through September and
biweekly October through May, or more often when conditions warrant, to
insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs, Correct as necessary.
10. Scheduling of mowing and turf care maintenance times will be approved by
the City. Attention to public use will dictate schedules, and noise levels will be
kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed free condition.
a. Weeds shall be removed as they appear. A pre- emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 12 -4 -6 slow - release turf fertilizer, at a
rate of 2 pounds actual fertilizer per 1,000 square feet.
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• EXHIBIT A •
d. Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
e. Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
f. Control pests, including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
g. Bare ground cover areas shall be kept cultivated and raked of all debris.
h. Bark mulch should be replaced as needed.
Shrub. Vine. and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the
Parks and Tree Maintenance Superintendent.
b. Pruning shall be accomplished to maintain a "natural" appearance;
decorative, poodle cuts or other unnatural pruning will not be permitted.
c. Control pests as required, including snails and insects.
d. Remove all dead, diseased, or damaged branches back to a side branch.
Do not leave branch stubs.
e. Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
f Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
g. Careful attention not to prune or trim shrubs prior to blooming shall be
made. At the conclusion of blooming of plants such as raphiolepsis, all
blooms shall be trimmed off or otherwise removed. Flower stalks on
agapanthus, day lilies, morea, and other similar plants shall be removed
immediately after blooming or as directed by City.
h. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
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• EXHIBIT A •
i. Growth of woody plants shall be encouraged except where it interferes
with circulation, maintenance activities, roadways, drainage facilities, fence
lines, or other structures. Dead branches of plants shall be removed regularly.
j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
k. Bark mulch should be replaced as necessary.
1. All plant material will be trimmed to protect property owners ocean views,
bay views, vistas, etc. as needed or as directed by City staff.
2. Contract responsibility covers trimming all trees up to eight (8) feet. Trees
shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic
and to provide clearance from buildings, signs and other similar features.
a. Remove all suckers from base of trees as they develop throughout the
year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor to stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. Immediately notify the Parks and Tree
Superintendent if any of the above conditions exists.
f. Except for emergency removal, no tree /shrub shall be removed without
prior direction or approval of the City. Trees /shrubs badly damaged and in
need of replacement shall be brought to the attention of the Parks and Tree
Superintendent.
g. Water as required to maintain proper and vigorous growth according to
variety. Manual water where necessary.
h. Tree wells shall be maintained with 2" of bark mulch unless ground cover
is present. Weeds shall be removed, including their roots, before they reach
3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
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• EXHIBIT A •
3. Complete pruning, heading back, lacing out, or removal will only be done at
the direction of the City and at the prescribed unit price. All such pruning shall be
made in accordance with current International Society of Arboricultural
techniques and practices that promote the natural character of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios
shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be blown
or otherwise swept onto adjacent streets or property. All debris must be
picked up by the Contractor and removed from the site. Any equipment that
is used for cleaning hardscape must be approved by the City.
General Grounds Policine
1. The Contractor shall provide general grounds policing and inspection six days
per week.
a. Remove all litter and other debris from site six days per week.
b. If refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
notification by the City. Failure of said removal may result in deduction
of payment for that date or week.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Tree Maintenance Superintendent. Contractor
shall be responsible to report below standard conditions of all structures and
fixtures, including but not limited to:
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• EXHIBIT A •
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
4. Graffiti
Sand/Wood Chip Areas:
1. These areas shall include tot lots, play areas, volleyball courts, etc.
a. All areas shall be maintained weed free.
b. During the first week in April, June, August, October, December and
February, all sand areas shall be rototilled to the maximum depth that will
allow complete loosening of the sand but will not cause lower base materials
to be mixed in with the sand. After rototilling, all areas shall be raked level.
c. Sand and wood chips shall be replenished as necessary to maintain
optimum level in each area, and final level shall be determined by the City for
each area. Replacement sand shall be at least equivalent to washed plaster
sand and approved by the City (standard designation of rock product suppliers
to denote a type and cleanliness of sand). All additional sand or wood chips
that are added shall be at the contractor's expense.
d. Six days per week week, all sand and wood chip areas shall be cleaned and
raked level.
Specialty /Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts,
bicycle trails, all asphalt, concrete and decompossed granite walkway.
b. All areas shall be swept six days per week if necessary, to remove all
deposits of silt and/or sand and glass.
c. On Thursday of each week, all areas shall be thoroughly cleaned by
sweeping or flushing with water.
d. All hard surface areas shall be inspected six days per week for uplifts
and/or tripping hazards. All uplifts and/or tripping hazards shall be barricaded
immediately and the City notified verbally within two (2) hours and by written
memo within twenty -four (24) hours.
e. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
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• EXHIBIT A •
f. All broken glass and sharp objects shall be removed immediately.
g. All areas shall be inspected six days per week and maintained in a neat,
clean and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six days per week.
i. All play and sports equipment within hardscape areas shall be inspected
for vandalism, safety hazards and serviceability daily. Deficiencies shall be
reported in writing immediately to the City
j. All leaves, paper and debris shall be removed from hardscape areas and
disposed of off site.
Drinking Fountains:
1. Inspect, clean, adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Disposal
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall
pay all disposal fees and provide documentation evidence of recycling to include
location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the
City by 30 days after the end of each calendar quarter.
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• EXHIBIT B •
Specifications for Contract of Turfgrass Maintenance of
City Parks and Facilities
SCOPE OF WORK
The contractor shall provide the following services and meet the following specifications:
1. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform turfgrass maintenance as
described herein including, but not limited to, the following:
1. Turfgrass weed eradication and control both mechanically and with chemicals.
2. Fertilizing.
3. Irrigation repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hardscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
2. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and 5:00
PM, Monday through Friday. No Saturday or Sunday work is to be scheduled without permission
from the City, unless it is an emergency situation or the result of a normal holiday. No motorized
equipment shall be operated before 8:00 AM nor after 5:00 PM., unless specified in Attachment
F.
3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest turfgrass maintenance
standard, as stated in the enclosed maintenance specification description. Standards and
frequencies may be modified from time to time as deemed necessary by the City for the proper
maintenance of the sites.
B. If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein,
withhold appropriate Vayment from the Contractor until services are rendered in accordance with
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• EXHIBIT B •
specifications set forth within this document and providing no other arrangements have been
made between the Contractor and the and the City. Failure to notify of a change and/or failure to
perform an item or work on a scheduled day may result in deduction of payment for that date or
week. Payment will be retained for work not performed until such time as the work is performed
to City standard.
C. The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject deficiency shall be
withheld for current billing period and shall continue to be withheld until deficiency is corrected,
without right to retroactive payments. If an area is not mowed or edged as scheduled, payment
will be withheld for the maintenance cost of the specific areas that were not maintained.
4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with the Contractor and the
City representative to determine progress and to establish areas needing attention. A monthly
maintenance schedule will be submitted in writing to the City by the first of said month.
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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to David E. Niederhaus, General Services Director,
General Services Department, City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA
92663 -3884.
7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is given for said
work and the estimate is approved by the City before the work is commenced. The Contractor
will be required to provide before and after photographs of safety items or emergency repairs
which were made without prior City approval. Documentation of contract compliance may be
required on some occasions.
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EXHIBIT B •
8. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in conformity
with the "The California Manual on Uniform Traffic Devices" for use in performance of work
upon highways issued by the State of California, Department of Transportation and as directed
by City staff.
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.
9. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape material recycling
center or roused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves,
trash, and other debris from the operation as work progresses. The City shall not be responsible
for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of
recycling to include location, tonnage, etc. on a monthly basis to the City.
10. RECORDS
A. The contractor shall keep accurate records concerning all of Ms/her employees or
agents and provide the City with names and telephone numbers of emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Parks and Tree Maintenance Superintendent.
This report should also contain a description, including man- hours, equipment, and materials
breakdowns and costs used to accomplish any additional work which the contractor deems to be
beyond the scope of the contract. Under ordinary conditions, payment for this work will not be
authorized unless the additional work, and costs thereof, are first approved in writing by the City.
A phone log will be submitted monthly of all calls from the City of Newport Beach General
Services Department and the City of Newport Beach Police Department to the Contractor,
whether or not those calls require a request for service, and a description of the action taken from
the City call.
C. The Contractor shall, within fifleen (15) days of the effective date of an executed
agreement;, prepare and submit a written annual maintenance calendar to the Parks and Tree
Maintenance Superintendent. This maintenance calendar shall clearly indicate all of the turfgrass
maintenance tasks required by this agreement and the months of t e year they are scheduled to be
performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified
calendar must be submitted to the Parks and Tree Maintenance Superintendent for approval prior
to the date the change 3 are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and records
regarding City provided services only at any reasonable time.
3of10
• EXHIBIT B 0
11. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at least two qualified
persons who may be contacted by City representatives when emergency maintenance conditions
occur during hours when the Contractor's normal work force is not present in the City of
Newport Beach. The Contractor representatives shell respond to said emergency within thirty
(30) minutes from receiving notification.
12. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be given to the City
forty-eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type"
maintenance operations are defined as: fertilization, turf aerification, tur dethatchin . seeding,
preventive and curative application of turf fungicide, herbicide or any required pesticide
applications and plant replacements.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and submit a copy thereof.
The Contractor must be licensed as a California State Licensed Pest Control Operator and a
California State Licensed Pest Control Advisor. The name and permit number will be supplied to
the City at the beginning of contract, and any changes forwarded within twenty -four (24) hours
of said change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of the job site
and provide the office with phone service during normal working hours. During all other times, a
telephone answering service shall be utilized and the answering service shall be capable of
contacting the Contractor by radio or pager. Contractor shall have a maximum response time of
thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or
materials. Contractor will have full responsibility for maintaining an office and a yard.
15. 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 and 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.
4of10
0 EXHIBIT B •
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 one week prior to the effective date of the
contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior
to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Tree Maintenance
Superintendent at least twenty -four (24) hours prior to the scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work on a
scheduled day may result in deduction of payment for that date or week.
6. The Contractor shall adjust his/her schedule to compensate for all holidays and
rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days,
unless otherwise indicated by the City.
C. Performance on Schedule
1. 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.
5of10
• EXHIBIT B 0
16. 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 Parks and Tree Maintenance
Superintendent when the work force has been removed from the job site due to inclement
weather or other reasons.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the safety of
his/her work crew and to protect, in place, existing utility equipment before commencing any
excavation. Contractor shall contact the Parks and Tree Maintenance Superintendent and
Underground Service Alert (1- 800 - 422 -4133) 48 hours before commencing any excavation, to
locate underground service lines.
18. PESTICIDES
A. The City must maintain all documents that pertain to the use of pesticides on its
property. Contractor must provide the Parks and Tree Maintenance Superintendent with all of the
following:
1. A copy of Contractor's Orange County Agricultural Commissioner, "Restricted
Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before Contractor uses
any pesticide.
3. A "Pesticide Use Daily Record" for any site at which a pesticide was used, within
24 hours of application.
4. If a restricted pesticide is proposed to be used, a copy of the "Notice of Intent To
Use Restricted Materials ", 24 hours before application.
5. A list of Environmental Protection Agency numbers and Material Safety Data
Sheets of 0 the pesticides Contractor intends to use for this contract, prior to such use.
6. The contractor shall not use any pesticide that has not been authorized by the Park
and Tree Maintenance Superintendent.
6of10
• EXHIBIT B •
19. TECHNICAL MAINTENANCE SPECIFICATIONS
A. GENERAL TURFGRASS MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Summary" (Exhibit E). 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 parks and facilities.
2. All operations will be conducted so as to provide maximum safety for the public
and minimize disruption of the public use of City parks and facilities.
3. Leaves, paper, broken glass, and any other debris will be removed from turfgrass
areas prior to mowing and disposed of off -site.
4. Contractor will clean sidewalks, roadways, and any other areas littered or soiled
by his maintenance operations.
5. The Contractor shall maintain the premises clean of debris at 0 times. Upon
completion of any work project, the Contractor shall remove remaining excess materials,
waste, rubbish, debris, and his construction and installation equipment from the premises.
Any dirt or stains caused by the work shall be removed. Existing City trash containers
shall not be used by the Contractor.
6. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
7. Contractor must notify City within one (1) hour of facilities or conditions that
may break, malfunction, or interrupt the public's use of City parks and facilities.
8. All insects and other like pests shall be controlled by the Contractor. Any control
measures should be approved first by the Parks and 'free Maintenance Superintendent
with written recommendations from the Contractor's Pest Control Advisor. All rodent
activity shall be eradicated as soon as possible. Particular attention to burrowing rodents
is necessary to protect the site.
9. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
10. All repairs or replacements to be made with original type material or as directed.
11. Material substitutions must be approved by the Parks and Tree Maintenance
Superintendent.
7of10
0 EXHIBIT B •
12. Necessary irrigation repairs shall be made within 24 hours. All repairs shall be
made in accordance with City of Newport Beach standard irrigation specifications.
13. Turf shall be regularly mechanically trimmed using line trimmers around
sprinkler heads to insure the proper operation of the system.
B. TURF MAINTENANCE
1. A mowing schedule of all areas shall be provided to the City by the Contractor.
2. All areas will be mowed not less than once a week during the warm season of
March I through November 30 and once every two weeks during the cool season of
December I through February 28. AU sports turf areas and City Hall are to be mowed
weekly, 52 times per year.
Fescue, Kikuya, Perennial Rye and Bluegrass turfgrasses shall be mowed using a
rotary mower at a cutting height of 2 " -2 1/2 ". Bermuda turf shall be mowed using a reel
mower, at a cutting height of 1/2" - 3/4 ". Mowing height shall be as directed by the City.
3. Clippings shall be collected and removed at end of each mowing unless otherwise
directed by the City. Mulching mowers may be acceptable if approved by City prior to
mowing of a particular site(s)
4. Mechanically, trim growth using line trimmers from around all trees, valve boxes,
lamp posts, drains and other permanent structures located in the turf at each site mowing.
fine trimmers shall be used to keep the turf at approximately the height as mowers, except
around sprinkler heads and valve boxes where the turf should not be trimmed to below
1/2 ". The contractor shall be liable for any damage caused to trees as a result of use of
line trimmers.
5. Mowing equipment shall be sharp and properly adjusted to avoid damage to the
turf grass.
6. Pick up all litter from turfgrass areas prior to mowing.
7. Vertical mowing of turfgrass shall be done once per year in October. Sports fields
will be done in July, or as directed by City.
8. Depth of cut shall be sufficient to remove thatch without damaging crown of turf
plant. Dethatching shall be accomplished by use of "vertical cut type" dethatch machine.
The amount of dethatching shall be determined by City.
9. All thatch and debris shall be removed and disposed of at the end of each day.
8of10
• EXHIBIT B
10. All turf shall be fertilized three times per year using a homogenous, pelletor
granular slow release material. City must approve the material used. Apply at the
following rates and time:
a. February: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
b. June: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
c. October: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at Contractors expense at
12 individual parks and/or facilities as directed by the City in the month of
December and review the analysis with the City representative in the month of
January.
f. All materials must be approved by the Parks and Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and Tree
Maintenance Superintendent on a "Monthly Fertilizer Use Report."
11. Appropriate fungicide, weed control, and insecticide materials shall be applied to
all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis.
b. Chemical control of broad leaf weeds shall be initiated as needed on all turf.
12. Aerate all turf areas twice per year; once in April and again in October.
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more
than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose of all cores.
c. Contractor is responsible for locating and marking all sprinkler components
prior to aeration operations.
13. Visually check all turf areas on a weekly basis for pests, fertility, irrigation,
damage, or other problems. Correct or advise the City immediately.
14. Scheduling of mowing and turf care maintenance times will be approved by the
City. Attention to public use will dictate schedules, and noise levels will be kept to an
acceptable minimum at all times.
9of10
• EXHIBIT B •
C. HARDSCAPE MAINTENANCE
1. After each mowing or maintenance activity all hardscape will be cleaned.
2. Vacuums, blowers, sweepers.or other approved means may be used to clean
hardscape areas. AU blowers shall be operated in a manner so as to not disturb residents
or visitors. However, debris shall not under any circumstance be blown or otherwise
swept onto adjacent streets or rn operty. 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.
D. GENERAL GROUNDS POLICING
1. Refuse or litter shall be removed prior to mowing operations. Failure of said
removal may result in deduction of payment for that date or week.
10 of 10
• EXHIBIT C •
Park/Facility Maintenance
LOCATIONS
PARK JADDRESS
ACREAGE
Balboa Island
115 Agate Ave., Balboa Island
0.3
Ba side Drive
Ba side Dr. between Carnation and Larkspur
4.4
Bayview
Mesa Dr. Bay view Ave.
3.0
Begonia
Begonia Ave. at First Ave.
2.1
Bob Henry
16th Street @ Dover Drive
4.8
Bonita Creek
University Dr. La Vida
10.0
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
15.0
Castaways
16th Street Dover Drive
5.0
Gateway
Ne ort Blvd. Via Lido
0.4
Eastbluff
Vista Del Oro @ Vista Del Sol
13.9
Irvine Terrace
Seadrift Dr. @ Evita Dr.
6.8
Jasmine View
Harbor View Dr. @ Marguerite Ave.
1.0
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
2.7
Old School
Carnation Ave. 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
4.1
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
7.3
Spyglass Hill
Spyglass Hill Rd @ El Ca itan Dr.
1.4
Spyglass Hill Resevoir
Muir Beach Circle
1.0
Sunset View
North of PCH off of Superior Ave.
0.7
SUBTOTAL 84.7
FACILITIES JADDRESS ACREAGE
Police Department I Santa Barbara Drive @ Jamboree Road 0.4
6YW- 31Illy " �Ix!
Ce7 7 \►`i1 C111 Kv�- 11
1 of 1
EXHIBIT D
Turfgrass Maintenance
Park/Facility Locations
Parks
jAddress
lAcreage
Bolsa
Bolsa Ave. @ Old Newport Blvd.
0.1
Channel Place
Channel Place @ 44th St.
1
Cliff Drive
Cliff Dr. @ Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
his Ave. @ 5th Ave.
2.5
Harbor View Nature
San Miguel Dr. Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
"L" St. @ Del Sur
0.5
Las Arenas
Balboa Blvd. @ 16th St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. @ Irvine Ave.
5
Newport Island
Marcus @ 39th St.
0.1
Newport Shores
61 st St. @ Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 5th Ave.
3.4
Ocean Blvd. Bluffs
Femleaf Ave. to Poppy Ave.
1
Peninsula
Main St. @ Oceanfront, Balboa
3.5
Veteran's Memorial
15th St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. Westwind Way
I
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport
Seashore Dr. Between 57th St. & River Jett
4
38th Street
Balboa Blvd. @ 38th St.
0.3
SUBTOTAL 27.9
1 of2
0 0
EXHIBIT D
Turfgrass Maintenance
Park/Facility Locations
Fire Stations:
1 Balboa Blvd. @ Island Ave. 0.1
2 32nd St. @ Villa Way 0.1
3 Santa Barbara Dr. Jamboree Rd. 0.1
5 Marigold Ave. between PCH/2nd Ave. 0.1
6 Irvine Ave. @ Dover Dr. 0.1
SUBTOTAL 0.5
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
1 0.2
Corona del Mar
IMarigold Ave. between PCH/2nd Ave.
1 0.1
SUBTOTAL 0.3
Miscellaneous:
CdM State Beach Ocean Blvd. @ Jasmine Ave. 1
City Hall 3300 Newport Blvd.@ 32nd St. 1
Lincoln Athletic Center 3101 Pacific View Dr. 8
Newport Pier Plaza Balboa Blvd. @ McFadden Pl. 0.2
Oasis Senior Citizens Ctr. 800 Marguerite Ave. @ 5th Ave. 1
W. Nwpt Conununity Ctr. 883 W. 15th St. off Placentia Ave. 0.1
SUBTOTAL 11.3
GRAND TOTAL 40
Z of 2
• EXHIBIT E •
MAINTENANCE FREQUENCY SUMMARY
FUNCTION
FREQUENCY
Irri ation Inspection
lWeekly
Turf Maintenance
Mowing
Every week, March thru November
Every Two weeks, December thru February
Sports Fields and City Hall Weekly
throughout the year
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
3 /year
Vertical Mow
1 /year
Aerate
2 /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice a year
Pest and Weed control
As needed
Visual Inspection
Weekly
Shrub, Vine, and Tree Maintenance
Trim
4 /year
Fertilize
Twice a year (once /year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Hardsca a Maintenance
Each site visit/weekly min.
Grounds PolicingfLitter Removal
Six days per week
Site Inspection
Six days per week
IofI
0 0
EXHIBIT F
PARK AND FACILITY AREAS
Sites Requiring Mandatory Early Mowing
1 of 1
Before 7:00 a.m.
Before 9:00 a.m.
jBefore 10:00 a.m.
City Hall
38th St. Park
Las Arenas Park
Newport Pier Plaza
Peninsula Park
Oasis Senior Citizens Ctr
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
Lincoln Athletic Ctr
San Miguel Park
Begonia Park
1 of 1
• EXHIBIT G •
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach before
installation. Any item not mentioned in the Standard Materials list must be approved by
Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Elect. Valve
6. Rainmaster Evolution DX2
7. Rainmaster EVMV 2 way master valve
8. Rainmaster EVFM Flow sensor
9. Rainmaster EV -SEN ADJ moisture sensor
10. Matco 754 Series Full Port Ball Valve
11. Class 200 PVC Lateral Pipe
12. Class 315 PVC Main Supply Pipe 1 %2" and Larger
13. Schedule 40 PVC Main Supply Pipe 1 '/4" and Smaller
14. Rectangular Valve Box - Plastic -18 "L x 12 "Deep
15. Round Valve Box —Plastic — 10"
16. Rainbird #44 Quick Coupling Valve with Vinyl Cover
17. Control Wire: AWG, U.F. 600 -Volt Direct Burial Copper with PVC Insulation
18. Head model to be selected by the City
a. Toro 570 Pop Up
b. Toro 300 Series Stream Rotor -Pop Up
c. Toro XP 300 Series — Pop Up
d. Toro 640 Series — Turf Head
e. Toro 500 Series Shrub Flood Bubbler
f. Toro 2001 Turf Rotor
g. Toro V1550
TURF FERTILIZERS, ETC:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible
3. No steer nor chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
1 of 2
• EXHIBIT G •
PLANTSTOCK
All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs,
annuals and perennials, flowers, and ground covers must be approved by the Park and
Tree Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to City with application location
and written recommendation from the Contractor's Pest Control Advisor prior to use. All
materials must be properly labeled and certified for intended use. Proper and legal
disposal of any and all pesticides used is solely the responsibility of the Contractor. All
State, County, and City laws regarding pesticide use and disposal must be followed.
2 of 2
• EXHIBIT H •
REQUIRED REPORTS
1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (as sent to County Agriculture
Commission)
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation inspection check list (to include controller and site
inspection for all sites and a list of any repairs required)
9. Monthly irrigation controller programming charts
10. Extra work approval list
11. Weekly maintenance inspection list for all sites
12. Manual irrigation schedule
13. Annual pesticide safety training records
14. Required tailgate safety meeting records
15. Monthly maintenance report
16. Monthly greenwaste recycling report
1 of 1
EXHIBIT I
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope of
work, including additions and deletions on work not performed, the contract sum shall be
adjusted in accordance with the following unit prices, where the City elects to use this
method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid proposal.
Unit prices listed below refer to all items installed and the construction documents and
include all costs connected with such items; including but not limited to, materials, labor,
overhead, and profit for the Contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the total number
units and/or the amount of labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the
contact and exhibits.
FUNCTION COST/UNIT OF MEASURE
TURF
Turf Mow -Reel Blade
$2.25/1000 Sq. Ft.
Turf Mow - Rotary Blade
$1.50 /1000 Sq. Ft.
Turf Mow and Clippings Picked Up
$1.65/1000 Sq. Ft.
Turf Edge
$2.50/1000 Linear Ft.
Turf String Trim
$3.25/1000 Linear Ft.
Turf Chemical Edge 6" Swath
$7.00/1000 Linear Ft.
Turf Chemical Edge 12" Swath
$14.00/1000 Linear Ft.
Turf Aerify
$2.30 /1000Sq.Ft.
Turf Fertilize
$2.10/1000 Sq. Ft.
Turf Dethatch/Renovate
$150.00 /Acre
Turf Sweeping
$5.1511000 Sq. Ft.
Flail Mow of Natural Areas
$140.00 /Acre
HARDSCAPE
Cleaning and weed abatement $6.50/1000 Sq. Ft.
GROUNDCOVERS
Mow $2.25/1000 Sq. Ft
Edge $2.60/1000 Linear Ft.
Fertilize $2.75/1000 Sq. Ft.
1 of 2
0
EXHIBIT I
PEST CONTROL
Turf diseaselinsectspray
Boom Application
Hand Application
Turf Broadleaf Spray
Boom Application
Hand Application
Groundcover disease /insect spray
Shrub disease /insect spray
Soil Sterilant Applicant
Turf Pre- Emergent
Landscape Planter Weed Control
General Weed Control Post Emergent
SHRUB PRUNING
1 -4 Feet, Lacing
1 -4 Feet, Hedging
4 plus Feet, Lacing
4 plus Feet, Hedging
TREE PRUNING
Up to 8 Feet
PLANTING
1 Gal. Shrub /Tree
5 Gal. Shrub
5 Gal. Tree
15 Gal. Shrub
24" Box Tree
64 Count Flat Groundcover
Turf -Seed and Top Dress
Turf -Sod
LABOR
Landscape Maint. Laborer
Landscape Maint. Leadworker
Landscape Maint. Supervisor
irrigation Specialist
Pest Control Applicator
Tree Trimmer
Equipment Operator
E
$2189/1000 Sq. F.
$10.50 /1000 Sq. Ft.
$19.50/1000 Sq. Ft.
$10.00/1000 Sq. Ft.
$19.00/1000 Sq. Ft
$19.50/1000 Sq. Ft.
$21.00!1000 Sq. Ft.
$22.5011000 Sq. Ft.
$6.50/1000 Sq. Ft.
$18.25/1000 Sq. Ft.
$18.2511000 Sq. Ft.
$4.25 /Shrub
$3.90 /Shrub
$6.25 /Shrub
$5.50 /Shrub
$20.00/Tree
2of2
$5.00 /Each
$16.00 /Each
$30.00 /Each
$50.00/Each
$175.00/Each
$15.00fFlat
$38/1000 Sq. Ft.
$.65/1000 Sq. Ft.
$10.00/Hour
$12.001Hour
$17.00/Hour
$19.50/Hour
$19.501Hour
$19.50/Hour
$48.35(Hour
9 EXHIBIT J •
Park/Facility Maintenance
BID UNIT COSTS
Area
Unit Cost
Balboa Island
$686.28
Ba side Drive
$10,784.40
Ba iew
$7,353.00
Begonia
$5,147.10
Bob Henry
$11,764.80
Bonita Creek
$24,510.00
Buffalo Hills
$36,765.00
Castaways
$12,255.00
Gateway
$980.40
Eastbluff
$34,068.90
Irvine Terrace
$16,740.33
Jasmine View
$2,451.00
Manning Tract
$6,617.70
Old School
$1,960.80
San Joaquin Hills
$9,951.06
San Miguel
$17,941.32
]Spyglass Hill
$3,480.42
ISpyglass Hill Resevoir
$2,451.00
Sunset View
$1,712.27
SUBTOTAL $207,620.78
Unit Cost
SUBTOTAL
GRAND TOTAL
1 of 1
will
$211,787.48
• EXHIBIT K 0
Turfgrass Maintenance
BID UNIT COSTS
Area
Unit Cost
Bolsa
$216.92
Channel Place
$2,169.28
Cliff Drive
$3,253.93
Ensign View
$1,084.64
Galaxy View
$2,169.28
Grant Howald
$5,423.22
Harbor View Nature
$2,169.28
Kings Road
$216.92
"L" Street
$1,084.64
Las Arenas
$433.85
Lido
$1,084.64
Manners
$10,846.44
Newport Island
$216.92
Newport Shores
$216.92
Oasis Passive
$7,375.57
Ocean Blvd. Bluffs
$2,169.28
Peninsula
$7,592.50
Veteran's Memorial
$867.77
Westcliff
$2,169.28
West Jetty View
$433.85
West Newport
$8,677.15
38th Street
$650.78
SUBTOTAL $60,523.06
1 of 2
0 EXHIBIT K •
Turfgrass Maintenance
BID UNIT COSTS
Facility UNIT COST/YEAR
Area
Unit Cost
Fire Stations:
1
$216.92
2
$216.92
3
$216.92
5
$216.92
6
$216.92
Libraries:
Balboa
$433.85
Corona del Mar
$216.92
Miscellaneous:
CdM State Beach
$2,169.28
City Hall
$2,169.28
Lincoln Athletic Center
$17,354.30
Newport Pier Plaza
$433.85
Oasis Senior Citizens Ctr.
$2,169.28
W. Nwpt Community Ctr.
$216.92
SUBTOTAL $26,248.28
GRAND TOTAL $86,771.34
2 of 2
TRUGREEN Land ?areSM
Mr. David E. Niederhaus, Director
General Services Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Dear Mr. Niederhaus,
• 1150 W. Trenton Avenue
Orange, CA 92868
714 -288 -5955
FAX: 714 -288 -5950
Contractor's
License #774548
August 7,2000
On April 8, 1996, California Landscape Maintenance (CLM) entered into an agreement
with the City of Newport Beach to provide landscape maintenance of City medians and
roadside areas ( "Agreement "). The Agreement has renewed annually since 1996, and is
currently in its fourth year.
The purpose of this letter is to inform the City of Newport Beach that CLM was
purchased by TruGreen- ChemLawn Company on August 28,1998. As of August 28,
1998, CLM's operations merged with those of TruGreen- ChemLawn and began to
operate in the City of Newport Beach under the name of TruGreen Landcare. CLM no
longer exists as a separate business entity.
Therefore, please assign the Agreement dated April 8,1996 to TruGreen Landcare. By
Signing this letter, TruGreen Landcare accepts the assignment of the Agreement from
CLM to TruGreen Lancare and will comply with all the terms and conditions of the
Agreement.
You may contact Howard Mees at (714) 363 -0065 if you have any questions regarding
this letter.
a Sin erely,
,z
Howard Mees
Regional Manager
EEf:
Attachment B
• � C- 'LI(o0 �3g�
r
City Council Agenda
Item No. 4
• October 12, 1998
TO: Mayor and City Council
FROM: General Services Director
SUBJECT: Assignment of Landscape Maintenance Contract
Recommendation
Approve the attached Assignment of City Contract No.C2160 to California Landscape
Maintenance, a Division of TruGreen LP.
Background
In 1996, the City contracted with California Landscape Maintenance ( "CLM ") to maintain
certain City medians and roadsides. In 1997, the City entered into two additional service
agreements with CLM for the mowing of turf at City facilities and to perform maintenance
functions at all new City parks. Each agreement was entered into for a five -year term.
In a letter dated September 3, 1998, the City was notified that CLM had been acquired by
TruGreen - Chemlawn LP, a division of The ServiceMaster Company. In the same letter, CLM
requested that the City assign each contract to its new firm name of California Landscape
Maintenance, a Division of TruGreen LP ( "TruGreen ").
Discussion
CLM's request is consistent with the provisions of each of its three agreements with the City.
Staff has no objection to the request, and submits the attached contract amendment for Council
review. Council approval of the attached amendment will bind TruGreen to all of the terms and
conditions of CLM's contractual obligations to the City. There are no other changes to the
contract beyond the name change.
Very respectfully,
David E. Niederhaus
DEN /me
• Attachments: (A) Proposed Amendment to Agreement with California Landscape Maintenance
City Contract No. C2160.
F: \USERS \GSV .MEldridge\SEPTEMBER 98 \Counci1- CLMAssignmt.dm
I�
0
AMENDMENT TO AGREEMENT
THIS AMENDMENT is made and entered into this 12' day of October 1998 by
and between the City of Newport Beach, a Municipal Corporation, hereinafter referred to
as "City ", California Landscape Maintenance, hereinafter referred to as "CLM ", and
TruGreen - Chemlawn LP, a Division of The ServiceMaster Company, hereinafter referred
to as "TruGreen"
RECITALS
A. City and CLM entered into three separate Agreements dated April 8, 1996,
August 11, 1997, and September 25, 1997 to provide landscape and
maintenance services for certain City medians and roadsides, turfgrass
maintenance, and to perform maintenance services for all new City parks
respectively.
B. On September 3, 1998 CLM requested City's consent to assignment of the
contract to TruGreen.
C. The City Council, after considering information provided has determined it is
appropriate to consent to the requested assignment.
NOW, THEREFORE, in consideration of the facts recited above and the terms,
covenants and conditions of this Amendment and the Agreements, the parties agree as
follows:
1. Contract No. C2160 between the City and CLM is hereby assigned to
California Landscape Maintenance, A Division of TruGreen LP.
2. TruGreen consents to the assignment and agrees to comply with and be
bound by all terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties herein have executed this Amendment to
Agreements as of the date set forth above.
ATTEST:
LaVonne Harkless
City Clerk
F1USerslGsv \Meldddne \SentemMr 98 %('0, mcil -01 . MAmdmt dw
0
0
•
•
APPROVED AS TO FORM:
Robin L. Clauson, Esq.
Assistant City Attorney
F Wserm�GswWeIdHdae\Seolember WCouncil- CLMAmdmt..dm
CITY OF NEWPORT BEACH,
a Municipal corporation
Dennis Danner
Acting City Manager
CALIFORNIA LANDSCAPE
MAINTENANCE
m
Title:
TRUGREEN - CHEMLAWN LP, a
DIVISION OF THE SERVICEMASTER
COMPANY
Title:
r
0
AMENDMENT TO AGREEMENT
THIS AMENDMENT is made and entered into this fi�th day of October 1998 by and
between the City of Newport Beach, a Municipal Corporation, hereinafter referred to as "City",
California Landscape Maintenance, hereinafter referred to as "CLM ", and TruGreen- Chemlawn
LP, a Division of The ServiceMaster Company, hereinafter referred to as "TruGreen"
RECITALS
A. City and CLM entered into three separate Agreements dated April 8, 1996, August
11, 1997, and September 25, 1997 to provide landscape and maintenance services
for certain City medians and roadsides, turfgrass maintenance, and to perform
maintenance services for all new City parks respectively.
B. On September 3, 1998, CLM requested City's consent to the assignment of the
contract to TruGreen.
C. The City Council, after considering the information provided, has determined it is
appropriate to consent to the requested assignment.
NOW, THEREFORE, in consideration of the facts recited above and the terms, covenants
and conditions of this Amendment and the Agreements, the parties agree as follows:
Contract No. C2160 between the City and CLM is hereby assigned to California
Landscape Maintenance, A Division of TruGreen LP.
2. TruGre nbonsents to the assignment and agrees to comply with and be bCMdNh1kL all
terms and conditions of the Agreement . Se �R$
�iein bcti 3
IN WITNESS WHEREOF, the parties herein have executed ,this Amencullm to
Agreements as of the date set forth above.
ATTEST:
144 6
LaVonne Harkless
City Clerk
FAUSm \GsVMeldifdge\Seplembw 88 \CoundJCLMAmdm1.d=
CITY OF NEWPORT BEACH,
a Municipal corporation
Q
&uiis Danner
Acting City Manager
CALIFORNIA LANDSCAPE
MAINTENANCE
By:
Title: / v f /'%..T
TRUGREEN - CHEMLAWN LP, a
DIVISION OF THE SERVICEMASTER
COMPANY
By: Oad J('
Title: Cp
APPROVED AS TO FORM:
le
Deputy City Attorney
F:Uk \G.sMeldndge4September 98 \C 1-CLMAmdmL.doc
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into thisa day of , 1997, by and
between the City of Newport Beach, a Municipal Corporation and Charter City
( "City"), and California Landscape Maintenance, Inc. ( "Contractor"), is made with
reference to the following:
RECITALS
A. The City maintains existing City parks using its own employees and
equipment;
B. City has determined it to be in the City's best economic interests
that all new park maintenance functions be performed by a private contractor.
C. Contractor acknowledges that City has relied upon Contractor's
representations and Contractor commits to faithfully perform the services
required by this Agreement and in accordance with the terms and conditions of
this Agreement;
D. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type, nature and
frequency of work to be performed, is familiar with all conditions relevant to the
performance of services, and has committed to perform all required work for the
prices specified in this agreement.
NOW, THEREFORE, the parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one year. The term
shall commence within ten (10) working days of City Council approval and upon
receipt and approval of all required bonds and insurance. The term of this
Agreement shall automatically be extended for four (4) additional one (1) year
terms (automatic extensions) with the first extension to commence upon the
expiration of the initial term, unless the City notifies Contractor in writing at least
thirty (30) days before the end of the initial term or any automatic extension, of its
intent to terminate this Agreement at the conclusion of the initial term or any
extension.
2.
Contractor shall perform the park maintenance services specifically
described in, and in strict compliance with the requirements of Exhibit A (Scope of
Work), at the park location noted by Exhibit B. The contract services (Scope of
Work) shall be performed at least as frequently as specified in Exhibit A. City
shall have the right to alter frequency of maintenance as necessary to ensure
highest industry standards of maintenance. Contractor services relative to the
r
installation of material, the application of substances, or the planting of
landscaping shall be in strict conformance with Exhibit C. Reports will be
submitted by the Contractor in accordance with Exhibit F. Bid Unit Prices and
Costs are contained in Exhibits D and E. All of the Exhibits are considered to be a
part of, and are incorporated into, this Agreement. The City reserves the right to
amend this Agreement to add new parklands for maintenance at the Bid Unit
Prices.
8. WORKMANSHIP, SUPERVISION. AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
contract services and all members of the work force shall be legally documented.
B. All contract services shall be performed by competent and
experienced employees. Irrigation maintenance and repairs shall be performed by
a certified California Landscape Contractors Association Landscape Technician I
(irrigation). All pesticide operations, where required, shall be performed by a
California State Licensed Pest Control Operator through written recommendation
by a California State Licensed Pest Control Advisor. Contractor shall be
responsible for compliance with all local, state, and federal laws and regulations
regarding pesticide usage. Contractor shall employ or retain, at its sole cost and
expense, all professional and technical personnel (in addition to irrigation and
pesticide specialists) necessary to properly perform contract services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications.
All supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall be
deemed delivered to the Contractor. The supervisor assigned must be identified by
name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat
in appearance and in uniforms as approved by the Parks and Tree Maintenance
Superintendent when performing contract services. All Contractor personnel
shall wear identification badges or patches. Those contract employees working in
or adjacent to traffic zones shall wear orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be
in good working order and have appropriate safety guards (mowers, etc.). All
vehicles shall bear the identification of the Contractor.
G. Contractor shall provide an Operations Manager to coordinate work
with the City Administrator and ensure satisfactory performance of contract
services. An area supervisor shall coordinate work crews on a daily basis to
ensure compliance with the terms of this Agreement.
Fa
r
4.
0
City shall pay Contractor the sum of $11,764.80 per year. Contractor
shall submit invoices to City on a monthly basis. City shall pay invoices within
thirty (30) days after receipt by the City. Payment shall be deemed made when
deposited in the United States mail, first class postage pre -paid, and addressed to
Contractor as specified in Section entitled "Notices ".
5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither
Contractor nor its employees are to be considered employees of the City. The
manner and means of conducting the work are under the control of Contractor,
except to the extent they are limited by statute, rule or regulation and the express
terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL.
A. Contractor shall use only the standard materials described in Exhibit
C in performing contract services. Any deviation from the materials described in
Exhibit C shall not be installed unless approved in advance by the City
Administrator.
B. Subject to the provisions of Section 7, City shall reimburse
Contractor for the actual cost, plus 15 %, of all materials installed by Contractor
in the performance of contract services. Actual cost shall be the best price
available to Contractor including all applicable discounts. Contractor shall
provide City with a schedule of typical costs of irrigation parts, plant materials
and other commonly used items within thirty (30) days from the date of this
Agreement. Contractor shall retain records reflecting the actual cost of parts or
materials used and the performance of services required by this Agreement.
C. City reserves the right to purchase material or parts and make
same available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts and/or
materials. Contractor shall secure, store, inventory, distribute and control all
materials or parts provided to Contractor by City. Contractor shall make all
materials and inventory available to the City upon request.
7. REPAIR/REPLACEMENT
A. Contractor shall advise the City Administrator of any damage to
City equipment or property immediately upon becoming aware of the damage..
B. Contractor shall repair, at its sole cost and expense, any damage to
City equipment or property caused by Contractor or its agents, employees,
representatives or officers.
•
C. Contractor shall repair damaged irrigation pipes, controllers and
valves only after the City Administrator has approved a written estimate of the
cost of repair.
D. Contractor shall, at its sole cost and expense, replace all plant
materials (including shrubs, ground cover, mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the services
required by this Agreement or has been damaged by the acts of Contractor or its
employees. Contractor shall replace plant materials damaged or destroyed by the
acts of others only after the City Administrator approves a written estimate of
the costs of replacement including materials and labor costs.
& EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area
or location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent
or hidden, at the commencement of, or at any time during the term of this
Agreement.
9. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
contract services. Contractor agrees to indemnify, defend, save and hold harmless
City, its elected and appointed boards and commissions, officers; agents, and
employees from and against any loss, damages, liability, claims, costs, expenses
or damages, including, but not limited to, bodily injury, death, personal injury,
property damages, attorneys fees and court costs arising from, or in any way
related to, the performance of contract services required by this Agreement,
provided, however, Contractor's obligation in this regard shall not apply in the
event of the sole negligence, fraud or willful misconduct by City, its officials,
agents, employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, costs and expenses whatsoever, including reasonable
attorneys' fees, which may accrue to any and all persons, or business entities
furnishing or supplying work, services, materials, equipment or supplies to
Contractor in the performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for
damages caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by Contractor
or existing while the property was under the control of Contractor, Contractor
shall not be relieved of its obligation to defend, indemnify, and hold City and its
officers, employees and representatives harmless, by any settlement with any
such third party unless that settlement includes a full release and dismissal of all
claims by the third party against the City.
0
10.
L
A. In addition to Contractor's obligation to defend, indemnify, and hold
City harmless, Contractor shall obtain and maintain at its own expense during the
term of this Agreement, policy or policies of liability insurance of the type and
amounts described below and satisfactory to the City. Insurance policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and
must be filed with the City prior to performing any contract services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements. At the option of City, Contractor
shall provide copies of all policies, providing coverage as required by this
Agreement.
C. Contractor shall provide the following insurance, with Best's Class A-
7 or better carriers:
1. Workers' Compensation and Employers Liability insuring
statutory Workers' Compensation limits as required by the California Labor Code
and $1,000,000 (one million) per accident Employers' Liability;
2. Commercial general liability insurance covering third party
liability risks, including without limitation, contractual liability, in a minimum
amount of $1,000,000 (one million) combined single limit per occurrence for bodily
injury, personal injury; and property damage. If the policy contains a general
aggregate limit, then the aggregate limit shall not be less than $2,000,000 (two
million);
3. Commercial auto liability and property insurance covering all
owned and rented vehicles of Contractor coverage Code 1 "any auto" with a
minimum amount of $2,000,000 (two million) combined single limit per accident
for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
1. Additional Insured:
"The City of Newport Beach and its elected and appointed
boards, officers, agents, and employees as additional insured."
Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport
Beach shall be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim
made or suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its
proper protection and performance of contract services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive liability
insurance, that Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or
City with respect to the services of Contractor, a waiver of any right of
subrogation which any such insurer of Contractor may acquire against City by
virtue of the payment of any loss under insurance.
11. PRO)E MMON AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement
or any interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null and void.
Contractor acknowledges that these provisions relative to assignment are
commercially reasonable and that Contractor does possess special skills, abilities,
and personnel uniquely suited to the performance of contract services and any
assignment of this Agreement to a third party, in whole or in part, could jeopardize
the satisfactory performance of contract services. Contractor may not employ
any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the
issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
12.
A. All Contractor's books and other business records, or such part as
may be used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or
assembled by Contractor pursuant to this Agreement may be made available to
any individual or organization without prior approval by City.
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C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted monthly of all
calls from the City of Newport Beach General Services Department and the City
of Newport Beach Police Department to the Contractor, whether or not those
calls require a request for service and a description of the action taken from the
City call.
E. Contractor shall keep records and invoices in connection with its
work to be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative
of City during normal business hours to examine, audit, and make transcripts or
copies of such records. Contractor shall maintain and allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement for a period
of three (3) years from the date of final payment under this Agreement.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services
Department. The General Services Director or his/her designees shall be
considered the City's Administrator and shall have the authority to act for the
City under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other
existing information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional park maintenance or landscape
maintenance services as requested by the Administrator. The Administrator may
give verbal authorization for additional services up to $500. Administrator shall
provide Contractor with written authorization prior to the performance of any
additional services that exceed $500. Contractor shall be compensated for
additional services in accordance with the unit prices specified in Exhibits D
through E.
B. City reserves the right to withdraw certain park or facility locations
from the Scope of Work to be performed by Contractor pursuant to this
Agreement. City shall notify Contractor in writing of its intent to do so at least
thirty (30) days prior to the effective date of withdrawal of any location. In the
event a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the bid unit costs specified in
Exhibits D and E. In the event the location is withdrawn for a period of less than a
full 1 (one) year term, Contractor's compensation shall be reduced on a prorated
basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of the Agreement, such dispute shall be
decided by the City Manager and his decision shall be final and binding upon
Contractor and his sureties.
16. REIIVIBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this
Agreement, a bond or other instrument satisfactory to the Administrator in an
amount equal to $15,000 as security for the Faithful Performance of this
Agreement.
18. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and the
Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential
labor dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all relevant
information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
because of race, religion, color, sex, handicap, national origin, or other basis that is
violative of the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following.
employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
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20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this
project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially
affect such interest. The Contractor will provide a completed disclosure form
noting the above. Contractor will comply with the Act and relevant City
Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify and
hold harmless the City for any claims for damages resulting from the Contractor's
violation of this Section.
22.
All notices, demands, requests or approvals to be given under this
Agreement must be given in writing and will be deemed served when delivered
personally or on the second business day after the deposit thereof in the United
States mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
California Companies
California Landscape Inc.
5241 E. Santa Ana Canyon Road, Suite 100
Anaheim Hills, California 92807
W
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23. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such
default is not cured within a period of two (2) working days, or if more than two (2)
working days are reasonably required to cure the default and Contractor fails to
give adequate assurance of due performance within two (2) working days after
Contractor receives written notice of default from City, City may terminate the
Agreement forthwith by giving written notice. City may, in addition to the other
remedies provided in this or authorized by law, terminate this agreement by giving
written notice of termination.
B. This agreement may be terminated without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City shall
pay to Contractor that portion of compensation specified in the Agreement that is
earned and unpaid prior to the effective date of termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the City
Administrator, the level of maintenance falls below appropriate landscape or
hardscape maintenance standards and/or Contractor fails to satisfactorily
perform contract services. City shall have the right to return funds withheld until
the City Administrator determines that contract services are performed as well
as frequently as required by this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement,
or for damages by reason for an alleged breach of any provisions of this
Agreement, the parties agree that the court with jurisdiction over the action may
determine and fix reasonable attorneys' fees and expenses to be paid to the
prevailing party.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state,
federal, or local laws, rules, ordinances, statutes or regulations applicable to the
performance of contract services.
26. WAIVER
A waiver by City of any breach of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein whether of the
same or a different character.
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27. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every
Idnd or nature whatsoever between the parties and all preliminary negotiations
and agreements of whatsoever ldnd or nature are merged in this Agreement. No
verbal agreement or implied covenant shall be held to vary the provisions hereon.
Any modification of this Agreement will be effective only by written execution
signed by both City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:- L /
CONTRA 9=4
APP TO FORM: Its: ee 0
C A ORNEY
11
•
List of Exhibits
0
Exhibit
A
Scope of Work
Exhibit
B
Park Locations
Exhibit
C
Standard Materials
Exhibit
D
Bid Unit Prices
Exhibit
E
Bid Unit Costs (Bob Henry Park)
Exhibit
F
Required Reports
Exhibit
G
Maintenance Frequency Summary
12
0
TECHNICAL MAINTENANCE SPECIFICATIONS
SCOPE OF WORK
L GENERAL. LANDSCAPE MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with the
following specifications and at the frequencies indicated, unless
otherwise indicated in the "Maintenance Frequency Summary", Exhibit
G. The City shall have the right to determine schedule days and the
extent and frequency of additional "as needed" services. Standards and
frequencies may be modified from time to time as deemed necessary by
the City for the proper maintenance of the listed facilities.
2. All operations will be conducted so as to provide maximum safety for
the public and minimize disruption of the public use of City facilities.
3. Contractor will keep all gutters, curbs, and walks adjacent to
contract areas free of weeds, trash, and other debris.
4. Contractor will keep sidewalks free of algae where constant runoff
occurs.
5. Leaves, paper, weeds, and any other debris will be removed from
landscaped areas and disposed of off -site.
6. Contractor will clean sidewalks, roadways, and any other areas
littered or soiled by his maintenance operations.
7. The Contractor shall maintain the premises clean of debris at all
times. Upon completion of any work project, the Contractor shall
remove remaining excess materials, waste, rubbish, debris, and his
construction and installation equipment from the premises. Any dirt or
stains caused by the work shall be removed. Existing City trash
containers shall not be used by the Contractor for his debris.
8. Prune plant materials adjacent to roadway intersections to provide
adequate sight distance for vehicles entering the intersection.
9. Prune plant materials so that all traffic control signs are clearly
visible to approaching drivers.
10. Contractor must notify the City immediately of any unusual and
hazardous conditions in the work site.
191
• 9
11. Contractor must notify City within one (1) hour of malfunctioning
facilities or conditions that may break, malfunction, or interrupt the
public's use of City facilities.
12. All insects and other like pests shall be controlled by the Contractor.
Any control measures should be approved first by the Parks and Tree
Maintenance Superintendent with written recommendations from the
Contractor's Pest Control Advisor. All rodent activity shall be
eradicated as soon as possible. Particular attention to burrowing rodents
is necessary to protect the site.
13. All animal feces or other materials detrimental to human health
shall be removed from the park areas immediately.
14. All broken glass and sharp objects shall be removed immediately.
15. All areas, benches, picnic tables, and associated park amenities
shall be inspected daily and maintained in a neat, clean and safe
condition at all times.
16. All play and sports equipment shall be inspected for vandalism,
safety hazards and serviceability daily. Deficiencies shall be reported in
writing immediately to the City.
17. All sand and wood chip areas abutting maintained areas shall be
cleaned when dirtied by Contractor's operations and at other times as
required.
18. Trash cans provided by the City shall be emptied as needed and
washed after emptying (when necessary) or as determined by the
Inspector. Contractor shall provide plastic liners for all trash cans at
Contractor's expense.
19. All concrete "V" drains, to include the portion under the sidewalk,
shall be kept free of vegetation, debris and algae to allow unrestricted
water flow.
20. All other drainage facilities shall be cleaned of all vegetation and
debris. All grates shall be tested for security and refastened as
necessary. Missing or damaged grates shall be reported to the City.
21. All barbecue grills shall be emptied of all ashes once per week.
Drainage Facilities
1. All drainage structures shall be checked and cleaned monthly or as
needed to insure consistent unrestricted water flow.
IV
2. Any damage to structures shall be noted immediately to the Parks
and Tree Maintenance Superintendent.
3. Failure to properly maintain drainage systems or to notify the Parks
and Tree Maintenance Superintendent of damaged systems will result in
the contractor assuming frill responsibility for the repair of drainage
damage to the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an
operable condition in those locations where operable systems exist. This
includes but is not limited to controllers, backflow devices, moisture
sensors, manual and remote control valves, wiring, pipes, vaults, heads,
and anti -drain valves. The Contractor shall not be responsible for the
water meter assembly except as he /she may cause damage to these
items.
a. Repair and adjust all sprinkler heads to maintain proper and
uniform water application. The Contractor will adhere to all State,
County, and local regulations accordingly.
b. Adjust water application (both manual watering and by adjusting
the irrigation controllers) to compensate for changes in weather.
Contractor will be responsible for damages occurring due to under -
watering or over - watering.
c. Contractor must turn off irrigation systems during rains.
d All replacements to be made with original type material or as
directed.
e. Repair or replacement of equipment damaged as a result of
Contractor's negligence shall be replaced at the Contractor's
expense.
f. Material substitutions must be approved by the Parks and Tree
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next
scheduled irrigation cycle. All repairs shall be made in accordance
with City of Newport Beach standard irrigation specifications.
h. Irrigation programming charts will be included in each monthly
report.
i Areas that require irrigation will have such accomplished no
earlier than 11:00 PM nor later than 6:00 AM.
15
J. Contractor will maintain moisture sensors at all sites at which
such a unit is installed.
2. Turf shall be regularly mechanically trimmed around sprinkler heads
to insure the proper operation of the system.
3. Irrigation systems shall be thoroughly inspected by operating all
control valves and checking for proper coverage, leaks, valve actuation,
proper timing, and other operational conditions. Such inspection shall be
made weekly June through September and bi- weekly October through
May. However, the contractor shall be responsible for the proper
operation of the system at all times and shall provide for obvious repairs
as they occur or are needed.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as
needed to maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than
one -third (1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing.
c. Clippings shall be collected and removed unless otherwise directed
by the City.
d. Mechanically trim around sprinklers as needed to provide proper
and unobstructed irrigation. The cutting of holes around sprinklers
shall not be permitted.
e. Chemically kill turf around trees, as needed, a maximum of six
inches from the tree base or as directed by the City. If a tree wound
is present then hand trimming is required. A 2" layer of bark mulch
shall be maintained in this area.
f. Mechanically trim around vaults, posts, and other similar
features on a weekly basis.
g. Mowing equipment shall be approved by the City. Equipment
must be sharp and properly adjusted to avoid damage to the turf
plant.
h. Pick up all litter prior to mowing
16
2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 3/4 to 11/4 inches.
b. Cool season turf including bluegrass, perennial rye, fescues - 1 1/2
to 2 1/2 inches.
c. Kikuya and St. Augustine turf -1 1/4 to 13/4 inches.
3. Vertical mowing of warm season grasses shall be done once per year
in October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without
damaging crown of turf plant.
b. Cool season grasses shall be renovated to remove thatch
annually as directed.
4. All turf shall be fertilized three times per year using a homogenous,
pellet or granular slow release material. City must approve the
material used. Apply at the following rates and time:
a. February: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000
square feet.
b. June: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000
square feet.
c. October: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000
square feet.
d. Material shall be applied using a rotary type spreader, ensuring
uniform overlap. All excess fertilizer deposited on sidewalks, parking
lots, and other hardscape areas shall be properly cleaned and
removed.
e. The Contractor shall perform a soil fertility analysis at individual
parks as directed by the City in the month of December and review
the analysis with the City representative in the month of January.
f. All materials must be approved by the Parks and Tree
Maintenance Superintendent. Quantities used must be submitted to
the Parks and Tree Maintenance Superintendent on a "Monthly
Fertilizer Use Report."
5. Appropriate fungicide, weed control, and insecticide materials shall
be applied to all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis.
17
b. Chemical control of broadleaf weeds shall be initiated as needed
on all turf.
6. Aerate all turf areas as often as required (minimum of twice per
year; between April 1 and May 15 and between September 1 and
November 1).
a. Aerate all turf with a mechanical aerator set with 1/2" core
spoons at not more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
7. Irrigate as necessary to maintain proper growth rate, optimum
appearance, and the health of the turf plant.
a. Irrigation must be scheduled to avoid either under- watering or
over - watering.
b. Manually water where necessary.
c. Check operation of irrigation weekly June through September and
biweekly October through May, or more often when conditions
warrant, to insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest, fertility,
irrigation, damage, and other needs, Correct as necessary.
10. Scheduling of mowing and turf care maintenance times will be
approved by the City. Use by the public will dictate schedules, and noise
levels will be kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free
condition.
a. Weeds shall be removed as they appear. A pre- emergent
herbicide may be used where appropriate in shrub and ground cover
beds.
b. Morning glory and grass infestations shall be treated immediately
when observed.
IF8
i •
c. Groundcover areas shall be fertilized twice per year, once in April
and once in September with the approved 12 -4 -6 slow - release turf
fertilizer, at a rate of 2 pounds actual fertilizer per 1,000 square feet.
d. Trim and edge as necessary to restrict growth from encroaching
on sidewalks, curbs, turf areas, roadways, or other adjacent areas
and plants. Growth retardants may be used as approved by the
City.
e. Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
f. Control pests, including insects, fungus and rodents, as necessary
to maintain a healthy environment for plant growth.
g. Bare ground cover areas shall be kept cultivated and raked of all
debris.
h. Bark mulch should be replaced as needed.
Shrub, Vine, and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed
appearance by proper shaping and pruning to promote the plant's
natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified
by the Parks and Tree Maintenance Superintendent.
b. Pruning shall be accomplished to maintain a "natural"
appearance; decorative, poodle cuts or other unnatural
pruning will not be permitted.
c. Control pests as required, including snails and insects.
d Remove all dead, diseased, or damaged branches back to a side
branch. Do not leave branch stubs.
e. Application of an iron chelate fertilizer or balanced fertilizer shall
be made as needed throughout the year to maintain a healthy,
vigorous growth and foliage.
f. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
g. Careful attention not to prune or trim shrubs prior to blooming
shall be made. At the conclusion of blooming of plants such as
raphiolepsis, all blooms shall be trimmed off or otherwise removed.
Flower stalks on agapanthus, day lilies, morea, and other similar
19
i •
plants shall be removed immediately after blooming or as directed by
City.
h. All bare shrub bed areas shall be raked weekly to remove all litter
and other debris.
i Growth of woody plants shall be encouraged except where it
interferes with circulation, maintenance activities, roadways,
drainage facilities, fence lines, or other structures. Dead branches of
plants shall be removed regularly.
j. Trim plant material regularly adjacent to curbs, sidewalks, and
roadways to provide for proper, unobstructed circulation.
k. Bark mulch should be replaced as necessary.
1 All plant material will be trimmed to protect property owners
ocean views, bay views, vistas, etc. as needed or as directed by City
staff.
2. The Contractor is responsibility for trimming all trees up to eight (8)
feet in height. Trees shall be trimmed as necessary to maintain
adequate pedestrian and vehicle traffic and to provide clearance from
buildings, signs and other similar features.
a. Remove all suckers from base of trees as they develop
throughout the year.
b. Stake and support trees as necessary. Staking and guying shall
be as directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid
girdling and damage.
d Contractor shall stake or otherwise support trees during
inclement weather and remove branches and other debris generated
by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or
hanging branches or other hazards. Immediately notify the Parks
and Tree Superintendent if any of the above conditions exists.
f. Except for emergency removal, no treetshrub shall be removed
without prior direction or approval of the City. Trees/shrubs badly
damaged and in need of replacement shall be brought to the attention
of the Parks and Tree Superintendent.
g. Water as required to maintain proper and vigorous growth
according to variety. Manual water where necessary.
20
0
h. Tree wells shall be maintained with 2" of bark mulch unless
ground cover is present. Weeds shall be removed, including their
roots, before they reach 3" in height.
i All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be
done at the direction of the City and at the prescribed unit price. All
such pruning shall be made in accordance with current International
Society of Arboricultural techniques and practices that promote the
natural character of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the
intended work. Cuts shall be made sufficiently close to the parent limb,
without cutting into the branch collar or leaving a stub, so that closure
can readily start under normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and
asphalt areas, including turn pocket fingers, driveways, parking areas,
sidewalks, patios shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of
weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or
other conditions. Immediately report such to the Parks and Tree
Maintenance Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used
to clean hardscape areas. However, debris shall not under any
circumstance be blown or otherwise swept onto adjacent streets
or property. All debris must be picked up by the Contractor and
removed from the site. Any equipment that is used for cleaning
hardscape must be approved by the City.
General Grounds Policing
1. The Contractor shall provide general grounds policing and inspection
six days per week.
a. Remove all litter and other debris from site six days per week.
21
0 9
b. If refuse or litter is not removed during site visit, said
litter or debris will be considered an emergency and removed
immediately upon notification by the City. Failure of said
removal may result in deduction of payment for that date or
week.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Tree Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions
of all structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
4. Graffiti
Sand/Wood Chip Areas:
1. These areas shall include tot lots, play areas, volleyball courts, etc.
a. All areas shall be maintained weed free.
b. During the first week in April, June, August, October, December
and February, all sand areas shall be rototilled to the maximum
depth that will allow complete loosening of the sand but will not cause
lower base materials to be mixed in with the sand. After rototilling,
all areas shall be raked level.
c. Sand and wood chips shall be replenished as necessary to
maintain optimum level in each area, and final level shall be
determined by the City for each area. Replacement sand shall be at
least equivalent to washed plaster sand and approved by the City
(standard designation of rock product suppliers to denote a type and
cleanliness of sand). All additional sand or wood chips that are added
shall be at the contractor's expense.
d Six days per week, all sand and wood chip areas shall be cleaned
and raked level.
Specialty /Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts,
basketball courts, bicycle trails, all asphalt, concrete and
decompossed granite walkway.
b. All areas shall be swept six days per week if necessary, to remove
all deposits of silt and/or sand and glass.
22
0 6
c. On Thursday of each week, all areas shall be thoroughly cleaned
by sweeping or flushing with water.
d. All hard surface areas shall be inspected six days per week for
uplifts and/or tripping hazards. All uplifts and/or tripping hazards
shall be barricaded immediately and the City notified verbally within
two (2) hours and by written memo within twenty -four (24) hours.
e. All animal feces or other materials detrimental to human health
shall be removed from the park areas immediately.
f. All broken glass and sharp objects shall be removed immediately.
g. All areas shall be inspected six days per week and maintained in a
neat, clean and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six days per
week.
i All play and sports equipment within hardscape areas shall be
inspected for vandalism, safety hazards and serviceability daily.
Deficiencies shall be reported in writing immediately to the City
j. All leaves, paper and debris shall be removed from hardscape
areas and disposed of off site.
Drinking Fountains:
1. Inspect, clean, adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
23
0 EXHIBIT B 0
PARK LOCATION
PARK ACREAGE
Bob Henry 4.8
24
0
STANDARD MATERIALS
0
All material used in maintenance must conform to the products listed below.
Any deviation from the approved list must be approved by the City of Newport
Beach before installation. Any item not mentioned in the Standard Materials
list must be approved by Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Elect. Valve
6. Rainmaster Evolution DX2 - Contact Al Lastuck of Rainmaster if
you have any product questions (714)536 -3772.
7. Rainmaster EVMV 2 way master valve
8. Rainmaster EVFM Flow sensor
9. Rainmaster EV -SEN ADJ moisture sensor
10. Mateo 754 Series Full Port Ball Valve
11. Class 200 PVC Lateral Pipe
12. Class 315 PVC Main Supply Pipe 11/2" and Larger
13. Schedule 40 PVC Main Supply Pipe 11/4" and Smaller
14. Rectangular Valve Box - Plastic -18 "L x 12 "W x 12"Deep
15. Round Valve Box - Plastic - 10"
16. Rainbird #44 Quick Coupling Valve with Vinyl Cover
17. Control Wire: AWG, U.F. 600 -Volt Direct Burial Copper with
PVC Insulation.
18. Head model to be selected by the City. Please contact Randy
Kearns, Park Supervisor at (714) 644 -3082 to confirm this
information. We use and stock the following Toro head series
and these head models need no pre - approval for use.
a. Toro 570C Pop Up
b. Toro 300 series Stream Rotor -Pop Up
c. Toro XP 300 Series - Pop Up
d. Toro 640 Series - Turf Head
e. Toro 500 Series Shrub Flood Bubbler
f. Toro 2001 Turf Rotor
g. Toro V1550
TURF FERTEL12ERS, ETC.:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
25
E
PLANT STOCK
0
All selection and condition of the plant material of plant stock, seed, sod, trees,
shrubs, annuals and perennials, flowers, and ground covers must be approved
by the Park and Tree Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to City with application
location and written recommendation from the Contractor's Pest Control
Advisor prior to use. All materials must be properly labeled and certified for
intended use. Proper and legal disposal of any and all pesticides used is solely
the responsibility of the Contractor. All state, county, and city laws regarding
pesticide use and disposal must be followed.
0 0
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the
scope of work, including additions and deletions on work not performed, the
Contract Sum shall be adjusted in accordance with the following unit prices,
where the City elects to use this method in determining costs.
B. Contractor is advised that the unit prices will enter into the
determination of the contract award. Unreasonable prices may result in
rejection of the entire bid proposal. Unit prices listed below refer to all items
installed and the Construction Documents and include all costs connected with
such items; including but not limited to, materials, labor, overhead, and profit
for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that
will be charged or credited for labor and materials to be provided regardless of
the total number units and/or amount of labor required for added or deleted
items of work.
D. All work shall be performed in accordance with specifications described
in the RFP.
FUNCTION COST/UNIT OF MEASURE
TURF
Turf Mow -Reel Blade
$2.25/1000 Sq. Ft.
Turf Mow- Rotary Blade
$1.50/1000 Sq. Ft.
Turf Mow and Clippings Picked Up
$1.65/1000 Sq. Ft.
Turf Edge
$2.50/1000 Linear Ft.
Turf String Trim
$3.25/1000 Linear Ft.
Turf Chemical Edge 6" Swath
$7.00/1000 Linear Ft.
Turf Chemical Edge 12" Swath
$14.00/1000 Linear Ft.
Turf Aerify
$2.30 /1000Sq.Ft.
Turf Fertilize
$2.10/1000 Sq. Ft.
Turf Dethatch/Renovate
$150.00 /Acre
Turf Sweeping
$5.15/1000 Sq. Ft.
Flail Mow of Natural Areas
$140.00 /Acre
HARDSCAPE
Cleaning and weed abatement $6.50/1000 Sq. Ft.
GROUNDCOVERS
Mow $2.25/1000 Sq. Ft
Edge $2.60/1000 Linear Ft.
Fertilize $2.75/1000 Sq. Ft.
27
PEST CONTROL
Turf disease/insect spray
$22.89/1000
Sq. F.
Boom Application
$10.50/1000
Sq. Ft.
Hand Application
$19.50/1000
Sq. Ft.
Turf Broadleaf Spray
24" Box Tree
$175.00/Each
Boom Application
$10.00 /1000
Sq. Ft.
Hand Application
$19.00/1000
Sq. Ft
Groundcover disease/insect spray
$19.50/1000
Sq. Ft.
Shrub disease/insect spray
$21.00/1000
Sq. Ft.
Soil Sterilant Applicant
$22.50/1000
Sq. Ft.
Turf Pre- Emergent
$6.50/1000 Sq. Ft.
Landscape Planter Weed Control
$18.25/1000
Sq. Ft.
General Weed Control Post Emergent
$18.25/1000
Sq. Ft.
ti R 1: 's 1 11♦
1 -4 Feet, Lacing
$4.25 /Shrub
1 -4 Feet, Hedging
$3.90 /Shrub
4 plus Feet, Lacing
$6.25Shrub
4 plus Feet, Hedging
$5.50 /Shrub
TREE PRUNING
Up to 8 Feet $20.00/Tree
PLANTING
1 Gal. Shrub/I'ree
$5.00/Each
5 Gal. Shrub
$16.00/Each
5 Gal. Tree
$30.00/Each
15 Gal. Shrub
$50.00/Each
24" Box Tree
$175.00/Each
64 Count Flat Groundcover
$15.00/Flat
Turf -Seed and Top Dress
$.38/1000 Sq. Ft.
Turf -Sod
$.65/1000 Sq. Ft.
LABOR
Landscape Maint. Laborer $10.00/Hour
Landscape Maint. Leadworker $12.00/Hour
Landscape Maint. Supervisor $17.00/Hour
Irrigation Specialist $19.50/Hour
Pest Control Applicator $19.50/Hour
Tree Trimmer $19.50/Hour
Equipment Operator Heavy Equip. $48.35/Hour
M
BID UNIT COST
Park Unit Cost/Year
Bob Henry $11,764.80
29
0
REQUIRED REPORTS
1. Annual Maintenance Schedule
0
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (as sent to County Agriculture
Commission)
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation inspection check list (to include controller and site
inspection for all sites and a list of any repairs required)
9. Monthly irrigation controller programming charts
10. Extra work approval list
11. Weekly maintenance inspection list for all sites
12. Manual irrigation schedule
13. Annual pesticide safety training records
14. Required tailgate safety meeting records
15. Monthly maintenance report
16. Monthly greenwaste recycling report
30
9 ExmBIT G 0
MAINTENANCE FREQUENCY SUMMARY
FUNCTION 11FREQUENCY
Irri ation Inspection
Weekly
Turf Maintenance
Mowing
Once/Week
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Three times /year
Vertical Mow
Once/year
Aerate
Twice/year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice/year
Pest and Weed control
As needed
Visual Inspection
Weekly
Shrub, Vine, and Tree Maintenance
Trim
Four times/year
Fertilize
Twice/year (oncelyear for trees)
Restake/Check
Each site visittevery two weeks min.
Visual Inspection
Weekly
Hardscape Maintenance
Each site visittweekly min.
Grounds Policing/Litter Removal
Six days/ week
Site Inspection
Six days/ week
31
1]
C
City Council Agenda
Item No. 11
July 28, 1997 �e
r
TO:
Mayor and City Council ! sY THE c _r ccuNU�
y Y CITY FF NFlnicnor I
FROM: General Services Director i LL
SUBJECT: Privatization of Parks Mowing i
Recommendations:
a) Approve a renewable five year parks mowing contract effective August 11, 1997
with California Landscape Maintenance in the amount of $195,235 per year.
b) Approve a corresponding budget amendment transferring $180,223 from the
salaries and benefits accounts of the Parks Maintenance Division and $37,706
from the Equipment Maintenance and Replacement Accounts to the
Professional/Technical Services Account of the same Division.
c) Delete one Groundsworker II, two Equipment Operators I, and one Groundsworker
I positions from the Parks Maintenance Division effective August 15, 1997.
d) Authorize the disposal of surplus City trucks
(5), and miscellaneous equipment (7) after
subsequent transfer of the sale receipts to
account of the Parks Maintenance Division.
Background
(2), tractor (1), trailers (4), mowers
August 1, 1997, and approve the
the ProfessionaliTechnical Services
During the past several years, the City tree and roadside landscape maintenance
functions have been privatized with savings of over $350,000 annually. Because of
favorable economic conditions, the landscape maintenance industry continues to offer
an attractive alternative to the current in- house/City employee - manned parks
maintenance program.
In January 1997, staff completed a preliminary feasibility study that illustrated
substantial savings could be achieved by privatizing Parks maintenance, particularly
the mowing function. The study was presented to the City Manager on February 11,
and he directed an expanded report be presented to the Council. Council reviewed the
report and staffs recommendation on April 28, 1997 in closed session and directed
staff to pursue the privatization of the maintenance of all new parks areas, the
mowing of all current parks areas, and to commence the meet and confer process
with the Newport Beach Employees League.
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Discussion
Staff completed a Request for Qualification process to select qualified landscape •
mowing contractors. A subsequent Request for Proposal was sent to the selected
contractors and resulted in very competitive bids. The low bid of $180.77 per acre per
month for mowing was below stall's Countywide study estimate of $195 per acre per
month.
California Landscape Maintenance (CLM) was the low bidder at $195,235 per year to
mow 90 acres of City parkland. CLM has successfully maintained the landscaping of
the City roadside areas for over a year.
The following cost reductions or proceeds from sale of equipment are expected from
privatizing the Parks mowing function:
Personnel (Salaries and benefits) $180,223
Sale of Surplus Equipment (Estimated) $ 35,250
Avoided FY 97 -98 Costs of Equipment Maintenance/Replacement $ 37,706
$253,179
The personnel expenses and the avoided equipment costs, which are currently
included in the FY 97 -98 budget, are proposed to be transferred to the
Professional/Technical services account to pay for the new contractor's services as
well as the costs of assuming 21 to 63 acres of additional parklands during FY 97 -98.
The additional parkland acreage includes Bob Henry, Lower Castaways, Sunset
View, and Freeway Reservation Parks, as well as several large project areas in Big
Canyon and adjacent to the Harbor Cove and Fletcher Jones developments, that will
need an unknown amount of maintenance. The proceeds from the sale of surplus
equipment would also be retained to meet future parks maintenance and capital
improvement needs.
Contractor Qualifications (Services, Financial, Personnel, Equipment)
CLM has been in business in Southern California since 1966. At present, CLM
services a variety of municipal and private accounts including the Cities of San Diego,
Temecula, and Thousand Oaks. Staff has researched the local performance level of
CLM with the cities of Mission Viejo and Laguna Niguel. CLM has an excellent
service reputation.
CLM has a proven financial history of over 31 years of service as evidenced by a
Dunn and Bradstreet financial rating of 3A3.
The CLM crew will be supervised by the owners son, who is also a Newport Beach
resident. He will oversee not only the current roadside landscape maintenance
contract, but the new mowing operations as well. Currently, CLM is providing
interim maintenance for the new Bob Henry Park until a long term maintenance
agreement can be attained.
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CLM intends to purchase new mowing equipment to service the City and has an
• excellent safety record. CLM has interest in purchasing the surplus City trucks and
trailers for fair market value. The proceeds would be used to meet unbudgeted parks
improvement projects as noted in the summary below.
Contract
The proposed contract with CLM is a five year renewable agreement that is similiar
to the current City /CLM roadside landscape maintenance contract. A CPI increase
clause is not included in the contract. The attached contract has been reviewed by
the Assistant City Attorney.
Impacts on Current Employees
City staff has met and conferred with the Newport Beach Employees' League in
regards to the privatization proposal as required by the Meyers -Milias -Brown Act. A
list of proposed reassignments of the four Parks employees, whose positions are being
deleted, has been discussed on several occasions with the League to ensure staff has
employee input. That process has been successfully concluded.
Summary
• The privatization of the parks mowing function, in accordance with the four
recommendations (a - d) above, will save the City $15,877 during FY 97 -98. The
annual savings will increase to $61,713 after June 30, 1998 when a fifth position,
Groundsworker I, is deleted from the FY 98 -99 budget. In addition, the sale of the
existing equipment ($35,250) and the privatization of the landscape maintenance of
new FY 97 -98 parklands ($43,512), will total an additional $78,762. These savings
are recommended to be retained in the FY 97 -98 Parks Maintenance Division budget
to pay for the cost of contractor ($195,235) and provide for unbudgeted but high
priority improvements to the Parks system, which will experience a large expansion
(as much as 63 additional acres) in FY 97 -98. Improvements include renovation of
athletic fields, replacement of worn out playground equipment, brush clearing of large
overgrown areas to combat vector problems, and resolution of numerous safety and
liability problems.
Very respectfully,
David E. Niederhaus
DEN /mhl
Attachments: Proposed Maintenance Contract
0 Budget Amendments
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CONTRACTOR AGREEMENT •
THIS AGREEMENT, entered into this day of , 19_, by and
between the City of Newport Beach, a Municipal Corporation and Charter City
( "City"), and California Landscape Maintenance, Inc. ( "Contractor"), is made with
reference to the following:
RECITALS
A. Prior to August 1997, City maintained turfgrass in City parks and
facilities using its own employees and equipment;
B. Subsequently, City determined it to be in the City's best economic
interests that these landscaping and maintenance functions be performed by a
private contractor.
C. Contractor acknowledges that City has relied upon Contractor's
representations and Contractor commits to faithfully perform the services
required by this Agreement and in accordance with the terms and conditions of
this Agreement;
D. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type, nature and
frequency of work to be performed, is familiar with all conditions relevant to the •
performance of services, and has committed to perform all required work for the
price specified in this agreement.
NOW, THEREFORE, the parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one year. The term
shall commence within ten (10) working days of City Council approval and upon
receipt and approval of all required bonds and insurance. The term of this
Agreement shall automatically be extended for four (4) additional one (1) year
terms (automatic extensions) with the first extension to commence upon the
expiration of the initial term, unless the City notifies Contractor in writing at least
thirty (30) days before the end of the initial term or any automatic extension, of its
intent to terminate this Agreement at the conclusion of the initial term or any
extension.
2. CONTRACTOR DUTIES
Contractor shall perform the turfgrass maintenance services specifically
described in, and in strict compliance with the requirements of Exhibit A (Scope of
Work), at the park and facility locations noted by Exhibits B and C. The contract
services (Scope of Work) shall be performed at least as frequently as specified in
Exhibit D with particular attention to the time schedule of Exhibit E. City shall
have the right to alter frequency of maintenance as necessary to ensure highest
industry standards of maintenance. Contractor services relative to the
installation of material, the application of substances, or the planting of
landscaping shall be in strict conformance with Exhibit F. Reports will be
submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices and
Costs are contained in Exhibits H through J. All of the Exhibits are considered to
be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
contract services and all members of the work force shall be legally documented.
B. All contract services shall be performed by competent and
experienced employees. Irrigation maintenance and repairs shall be performed by
a certified California Landscape Contractors Association Landscape Technician I
(irrigation). All pesticide operations, where required, shall be performed by a
California State Licensed Pest Control Operator through written recommendation
by a California State Licensed Pest Control Advisor. Contractor shall be
responsible for compliance with all local, state, and federal laws and regulations
regarding pesticide usage. Contractor shall employ or retain, at its sole cost and
expense, all professional and technical personnel (in addition to irrigation and
pesticide specialists) necessary to properly perform contract services.
. C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications.
All supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall be
deemed delivered to the Contractor. The supervisor assigned must be identified by
name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat
in appearance and in uniforms as approved by the Parks and Tree Maintenance
Superintendent when performing contract services. All Contractor personnel
shall wear identification badges or patches. Those contract employees working in
or adjacent to traffic zones shall wear orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be
in good working order and have appropriate safety guards (mowers, etc.). All
vehicles shall bear the identification of the Contractor.
G. Contractor shall provide an Operations Manager to coordinate work
with the City Administrator and ensure satisfactory performance of contract
services. An area supervisor shall coordinate work crews on a daily basis to
ensure compliance with the terms of this Agreement.
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4. COMPENSATION TO CONTRACTOR •
City shall pay Contractor the sum of $195,235.66 per year. Contractor
shall submit invoices to City on a monthly basis. City shall pay invoices within
thirty (30) days after receipt by the City. Payment shall be deemed made when
deposited in the United States mail, first class postage pre -paid, and addressed to
Contractor as specified in Section entitled "Notices ".
5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither
Contractor nor its employees are to be considered employees of the City. The
manner and means of conducting the work are under the control of Contractor,
except to the extent they are limited by statute, rule or regulation and the express
terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit
F in performing contract services. Any deviation from the materials described in
Exhibit F shall not be installed unless approved in advance by the City
Administrator.
B. Subject to the provisions of Section 7, City shall reimburse
Contractor for the actual cost, plus 15 %, of all materials installed by Contractor
in the performance of contract services. Actual cost shall be the best price
available to Contractor including all applicable discounts. : Contractor shall
provide City with a schedule of typical costs of irrigation parts, plant materials
and other commonly used items within thirty (30) days from the date of this
Agreement. Contractor shall retain records reflecting the actual cost of parts or
materials used and the performance of services required by this Agreement.
C. City reserves the right to purchase material or parts and make
same available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts and/or
materials. Contractor shall secure, store, inventory, distribute and control all
materials or parts provided to Contractor by City. Contractor shall make all
materials and inventory available to the City upon request.
7. REPAIR/REPLACEMENT
A. Contractor shall advise the City Administrator of any damage to
City equipment or property immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to
City equipment or property caused by Contractor or its agents, employees,
representatives or officers.
C. Contractor shall repair damaged irrigation pipes, controllers and
valves only after the City Administrator has approved a written estimate of the
cost of repair.
D. Contractor shall, at its sole cost and expense, replace all plant
materials (including shrubs, ground cover, mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the services
required by this Agreement or has been damaged by the acts of Contractor or its
employees. Contractor shall replace plant materials damaged or destroyed by the
acts of others only after the City Administrator approves a written estimate of
the costs of replacement including materials and labor costs.
8. EXAMNATION OF WORK SITES
City makes no representation regarding the order or condition of any area
or location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent
or hidden, at the commencement of, or at any time during the term of this
Agreement.
A. Contractor assumes all risk in any way related to the performance of
contract services. Contractor agrees to indemnify, defend, save and hold harmless
. City, its elected and appointed boards and commissions, officers, agents, and
employees from and against any loss, damages, liability, claims, costs, expenses
or damages, including, but not limited to, bodily injury, death, personal injury,
property damages, attorneys fees and court costs arising from, or in any way
related to, the performance of contract services required by this Agreement,
provided, however, Contractor's obligation in this regard shall not apply in the
event of the sole negligence, fraud or willful misconduct by City, its officials,
agents, employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, costs and expenses whatsoever, including reasonable
attorneys' fees, which may accrue to any and all persons, or business entities
furnishing or supplying work, services, materials, equipment or supplies to
Contractor in the performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for
damages caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by Contractor
or existing while the property was under the control of Contractor, Contractor
shall not be relieved of its obligation to defend, indemnify, and hold City and its
officers, employees and representatives harmless, by any settlement with any
such third party unless that settlement includes a full release and dismissal of all
claims by the third party against the City.
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10. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold •
City harmless, Contractor shall obtain and maintain at its own expense during the
term of this Agreement, policy or policies of liability insurance of the type and
amounts described below and satisfactory to the City. Insurance policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and
must be filed with the City prior to performing any contract services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements. At the option of City, Contractor
shall provide copies of all policies, providing coverage as required by this
Agreement.
C. Contractor shall provide the following insurance, with Best's Class A-
7 or better carriers:
1. Workers' Compensation and Employers Liability insuring
statutory Workers' Compensation limits as required by the California Labor Code
and $1,000,000 (one million) per accident Employers' Liability;
2. Commercial general liability insurance covering third party
liability risks, including without limitation, contractual liability, in a minimum
amount of $1,000,000 (one million) combined single limit per occurrence for bodily .
injury, personal injury; and property damage. If the policy contains a general
aggregate limit, then the aggregate limit shall not be less than $2,000,000 (two
million);
3. Commercial auto liability and property insurance covering all
owned and rented vehicles of Contractor coverage Code 1 "any auto" with a
minimum amount of $2,000,000 (two million) combined single limit per accident
for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
1. Additional Insured:
"The City of Newport Beach and its elected and appointed
boards, officers, agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given to City."
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3. Other Insurance:
"Any other insurance maintained by the City of Newport
Beach shall be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim
made or suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its
proper protection and performance of contract services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive liability
insurance, that Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or
City with respect to the services of Contractor, a waiver of any right of
subrogation which any such insurer of Contractor may acquire against City by
virtue of the payment of any loss under insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement
or any interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null and void.
Contractor acknowledges that these provisions relative to assignment are
commercially reasonable and that Contractor does possess special skills, abilities,
and personnel uniquely suited to the performance of contract services and any
assignment of this Agreement to a third party, in whole or in part, could jeopardize
the satisfactory performance of contract services. Contractor may not employ
any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the
issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
12. RECORDSIREPORTS
A. All Contractor's books and other business records, or such part as
may be used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or
assembled by Contractor pursuant to this Agreement may be made available to
any individual or organization without prior approval by City.
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C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted monthly of all
calls from the City of Newport Beach General Services Department and the City
of Newport Beach Police Department to the Contractor, whether or not those
calls require a request for service and a description of the action taken from the
City call.
E. Contractor shall keep records and invoices in connection with its
work to be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative
of City during normal business hours to examine, audit, and make transcripts or
copies of such records. Contractor shall maintain and allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement for a period
of three (3) years from the date of final payment under this Agreement.
13. ADNIINISTRATION
A. This Agreement will be administered by the General Services
Department. The General Services Director or his/her designees shall be
considered the City's Administrator and shall have the authority to act for the
City under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other
existing information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional turfgrass maintenance or
landscape maintenance services as requested by the Administrator. The
Administrator may give verbal authorization for additional services up to $500.
Administrator shall provide Contractor with written authorization prior to the
performance of any additional services that exceed $500. Contractor shall be
compensated for additional services in accordance with the unit prices specified in
Exhibits H through J.
B. City reserves the right to withdraw certain park or facility locations
from the Scope of Work to be performed by Contractor pursuant to this
Agreement. City shall notify Contractor in writing of its intent to do so at least
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thirty (30) days prior to the effective date of withdrawal of any location. In the
event a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the bid unit costs specified in
Exhibits I and J. In the event the location is withdrawn for a period of less than a
full 1 (one) year term, Contractor's compensation shall be reduced on a prorated
basis. .
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of the Agreement, such dispute shall be
decided by the City Manager and his decision shall be final and binding upon
Contractor and his sureties.
16. REIlIIBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this
Agreement, a bond or other instrument satisfactory to the Administrator in an
amount equal to $15,000 as security for the Faithful Performance of this
Agreement.
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and the
Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential
labor dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all relevant
information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
because of race, religion, color, sex, handicap, national origin, or other basis that is
violative of the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
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20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this
project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially
affect such interest. The Contractor will provide a completed disclosure form
noting the above. Contractor will comply with the Act and relevant City
Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify and
hold harmless the City for any claims for damages resulting from the Contractor's
violation of this Section.
22. NOTICES
All notices, demands, requests or approvals to be given under this •
Agreement must be given in writing and will be deemed served when delivered
personally or on the second business day after the deposit thereof in the United
States mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
California Companies
California Landscape Inc.
5241 E. Santa Ana Canyon Road, Suite 100
Anaheim Hills, California 92807
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23. TERATINATION/DEFAULT
A. In the event'Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such
default is not cured within a period of two (2) working days, or if more than two (2)
working days are reasonably required to cure the default and Contractor fails to
give adequate assurance of due performance within two (2) working days after
Contractor receives written notice of default from City, City may terminate the
Agreement forthwith by giving written notice. City may, in addition to the other
remedies provided in this or authorized by law, terminate this agreement by giving
written notice of termination.
B. This agreement may be terminated without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City shall
pay to Contractor that portion of compensation specified in the Agreement that is
earned and unpaid prior to the effective date of termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the City
Administrator, the level of maintenance falls below appropriate landscape or
hardscape maintenance standards and/or Contractor fails to satisfactorily
perform contract services. City shall have the right to return funds withheld until
the City Administrator determines that contract services are performed as well
as frequently as required by this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement,
or for damages by reason for an alleged breach of any provisions of this
Agreement, the parties agree that the court with jurisdiction over the action may
determine and fix reasonable attorneys' fees and expenses to be paid to the
prevailing party.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state,
federal, or local laws, rules, ordinances, statutes or regulations applicable to the
performance of contract services.
26. WAIVER
A waiver by City of any breach of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein whether of the
same or a different character.
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27. IN'T'EGRATED CONTRACT
This Agreement represents the fuIl and complete understanding of every
land or nature whatsoever between the parties and all preliminary negotiations
and agreements of whatsoever Iand or nature are merged in this Agreement. No
verbal agreement or implied covenant shall be held to vary the provisions hereon.
Any modification of this Agreement will be effective only by written execution
signed by both City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF NEWPORT BEACH
A Municipal Corporation
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CONTRACTOR
By:
Its: �/—C ti
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List of Exhibits
�J
Exhibit
A
Scope of Work
Exhibit
B
Park Locations
Exhibit
C
Facility Locations
Exhibit
D
Maintenance Frequency Summary
Exhibit
E
Park and Facility Areas
Exhibit
F
Standard Materials
Exhibit
G
Reports
Exhibit
H
Bid Unit Prices
Exhibit
I
Bid Unit Costs (Parks)
Exhibit
J
Bid Unit Costs (Facilities)
Specifications for Contract of Turfgrass Maintenance of
City Parks and Facilities
SCOPE OF WORK
The contractor shall provide the following services and meet the following
specifications:
1. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform turfgrass
maintenance as described herein including, but not limited to, the following:
I. Turfgrass weed eradication and control both mechanically and
with chemicals.
2. Fertilizing.
3. Irrigation repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hardscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
2. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00
AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be
scheduled without permission from the City, unless it is an emergency situation. No
motorized equipment shall be operated before 8:00 AM nor after 5:00 PM., unless
specified on Attachment E.
3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest turfgrass
maintenance standard, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites.
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B. If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until services are
rendered in accordance with specifications set forth within this document and
nrovidino, no other arraneements have been made between the Contractor and the
C. The Contractor is required to correct deficiencies within the time
specified by the City. If noted deficient work has not been completed, payment for
subject deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments. If an
area is not mowed or edged as scheduled, payment will be withheld for the
maintenance cost of the specific areas that were not maintained.
4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach
General Services Department. There shall be a minimum of a weekly meeting with
the Contractor and the City representative to determine progress and to establish
areas needing attention. A monthly maintenance schedule will be submitted in
writing to the City by the first of said month.
. 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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to David E. Niederhaus, General
Services Director, General Services Department, City of Newport Beach, 3300
Newport Blvd., Newport Beach, CA 92663 -3884.
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7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City before the
work is commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be required on some
occasions.
S. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in
conformity with the "The California Manual on Uniform Traffic Devices" for use in
performance of work upon highways issued by the State of California, Department of
Transportation and as directed by City staff.
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.
9. DISPOSAL
At least 25% of all landscape debris will be disposed of through a landscape material .
recycling center or reused in some manner. The Contractor shall dispose of all
cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall pay
all disposal fees and provide documentation evidence of recycling to include location,
tonnage, etc. on a monthly basis to the City.
10. RECORDS
A. The contractor shall keep accurate records concerning all of his/her
employees or agents.and provide the City with names and telephone numbers of
emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the Parks and Tree Maintenance
Superintendent. This report should also contain a description, including man - hours,
equipment, and materials breakdowns and costs used to accomplish any additional
work which the contractor deems to be beyond the scope of the contract. Under
ordinary conditions, payment for this work will not be authorized unless the additional
work, and costs thereof, are first approved in writing by the City. A phone log will be
submitted monthly of all calls from the City of Newport Beach General Services
Department and the City of Newport Beach Police Department to the Contractor,
whether or not those calls require a request for service, and a description of the action •
taken from the City call.
0 0
C. The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual maintenance calendar to
the Parks and Tree Maintenance Superintendent. This maintenance calendar shall
clearly indicate all of the turfgrass maintenance tasks required by this agreement
and the months of the year they are scheduled to be performed. If it is necessary to
make periodic revisions to this maintenance schedule, a modified calendar must be
submitted to the Parks and Tree Maintenance Superintendent for approval prior to
the date the changes are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services only at any reasonable time.
11. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who may be contacted by City representatives when
emergency maintenance conditions occur during hours when the Contractor's normal
work force is not present in the City of Newport Beach. The Contractor
representatives shall respond to said emergency within thirty (30) minutes from
receiving notification.
12. SPECIALTY OPERATIONS
iWritten notification of all "specialty type" maintenance operations shall be
given to the City forty -eight (48) hours PRIOR to each of these operations by the
Contractor. "Specialty type" maintenance operations are defined as: fertilization.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and
submit a copy thereof. The Contractor must be licensed as a California State
Licensed Pest Control Operator and a California State Licensed Pest Control Advisor.
The name and permit number will be supplied to the City at the beginning of contract,
and any changes forwarded within twenty -four (24) hours of said change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time
of the job site and provide the office with phone service during normal working hours.
During all other times, a telephone answering service shall be utilized and the
answering service shall be capable of contacting the Contractor by radio or pager.
Contractor shall have a maximum response time of thirty (30) minutes to all
•emergencies. There will be no on -site storage of equipment or materials. Contractor
will have full responsibility for maintaining an office and a yard.
0 0
15. 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 and 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 one week prior to the
effective date of the contract. Thereafter, it shall be submitted weekly on Thursday
mornings for City approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Tree
Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled
time for the work.
5.
of
6. The Contractor shall adjust his/her schedule to compensate for all
holidays and rainy days. Maintenance and litter removal shall be scheduled for all
holidays and rainy days, unless otherwise indicated by the City.
C. Performance on Schedule
1. 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.
is
0
• 16. 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 Parks and Tree
Maintenance Superintendent when the work force has been removed from the job site
due to inclement weather or other reasons.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to
insure the safety of his/her work crew and to protect, in place, existing utility
equipment before commencing any excavation. Contractor shall contact the Parks
and Tree Maintenance Superintendent and Underground Service Alert (1- 800 -422-
4133) 48 hours before commencing any excavation, to locate underground service
lines.
0 18. PESTICIDES
A. The City must maintain all documents that pertain to the use of
pesticides on its property. Contractor must provide the Parks and Tree Maintenance
Superintendent with all of the folllowing:
1. A copy of Contractor's Orange County Agricultural
Commissioner, "Restricted Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before
Contractor uses any pesticide.
3. A "Pesticide Use Daily Record" for any site at which a pesticide
was used, within 24 hours of application.
4. If a restricted pesticide is proposed to be used, a copy of the
"Notice of Intent To Use Restricted Materials"; 24 hours before application.
5. A list of Environmental Protection Agency numbers and Material
Safety Data Sheets of all the pesticides Contractor intends to use for this contract,
prior to such use.
• 6. The contractor shall not use any pesticide that has not been
authorized by the Park and Tree Maintenance Superintendent.
L
0
19. TECIINICAL MAIN'T'ENANCE SPECIFICATIONS
A. GENERAL TURFGRASS MAINTENANCE REQUIREMENTS 0
1. All maintenance functions shall be performed in accordance with
the following specifications and at the frequencies indicated, unless otherwise
indicated in the "Maintenance Frequency Summary" (Exhibit B). 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 parks and
facilities.
2. All operations will be conducted so as to provide maximum safety
for the public and minimize disruption of the public use of City parks and facilities.
3. Leaves, paper, broken glass, and any other debris will be removed
from turfgrass areas prior to mowing and disposed of off -site.
4. Contractor will clean sidewalks, roadways, and any other areas
littered or soiled by his maintenance operations.
5. The Contractor shall maintain the premises clean of debris at all
times. Upon completion of any work project, the Contractor shall remove remaining
excess materials, waste, rubbish, debris, and his construction and installation equip-
ment from the premises. Any dirt or stains caused by the work shall be removed.
Existing City trash containers shall not be used by the Contractor.
6. Contractor must notify the City immediately of any unusual and
hazardous conditions in the work site.
7. Contractor must notify City within one (1) hour of facilities or
conditions that may break, malfunction, or interrupt the public's use of City parks
and facilities.
8. All insects and other like pests shall be controlled by the
Contractor. Any control measures should be approved first by the Parks and Tree
Maintenance Superintendent with written recommendations from the Contractor's
Pest Control Advisor. All rodent activity shall be eradicated as soon as possible.
Particular attention to burrowing rodents is necessary to protect the site.
9. Repair or replacement of equipment damaged as a result of
Contractor's negligence shall be replaced at the Contractor's expense.
10. All repairs or replacements to be made with original type material
or as directed.
11. Material substitutions must be approved by the Parks and Tree
Maintenance Superintendent. •
12. Necessary irrigation repairs shall be made within 24 hours. All
repairs shall be made in accordance with City of Newport Beach standard irrigation
specifications.
13. Irrigation programming for all sites will be provided by the City.
14. Turf shall be regularly mechanically trimmed using line trimmers
around sprinkler heads to insure the proper operation of the system.
B. TURF MAINTENANCE
1. A mowing schedule of all areas shall be provided to the City by
the Contractor.
2. All areas will be mowed not less than once a week during the
warm season of March 1 through November 30 and once every two weeks during the
cool season of December 1 through February 28. All sports turf areas and City Hall
are to be mowed weekly, 52 times per year.
Fescue, Kikuya, Perennial Rye and Bluegrass turfgrasses shall be
mowed using a rotary mower at a cutting height of 2 " -2 1/2 ". Bermuda turf shall be
mowed using a reel mower, at a cutting height of 1/2" - 3/4 ". Mowing height shall be
as directed by the City.
3. Clippings shall be collected and removed at end of each mowing
unless otherwise directed by the City. Mulching mowers may be acceptable if
approved by City prior to mowing of a particular site(s).
4. Mechanically, trim growth using line trimmers from around all
trees, valve boxes, lamp posts, drains and other permanent structures located in the
turf at each site mowing. Line trimmers shall be used to keep the turf at
approximately the height as mowers, except around sprinkler heads and valve boxes
where the turf should not be trimmed to below 1/2 ". The contractor shall be liable for
any damage caused to trees as a result of use of line trimmers.
5. Mowing equipment shall be sharp and properly adjusted to avoid
damage to the turf grass.
6. Pick up all litter from turfgrass areas prior to mowing.
7. Vertical mowing of turfgrass shall be done once per year in
October. Sports fields will be done in July, or as directed by City.
8. Depth of cut shall be sufficient to remove thatch without
damaging crown of turf plant. Dethatching shall be accomplished by use of "vertical
cut type" dethatch machine. The amount of dethatching shall be determined by City.
9. All thatch and debris shall be removed and disposed of at the end
of each day.
0
0
10. All turf shall be fertilized three times per year using a
homogenous, pelletor granular slow release material. City must approve the material
used. Apply at the following rates and time:
a. February: 16 -8 -6 fertilizer at one pound actual nitrogen per
1,000 square feet.
b. June: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000
square feet.
c. October: 16 -8 -6 fertilizer at one pound actual nitrogen per
1,000 square feet.
d. Material shall be applied using a rotary type spreader, ensuring
uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at
Contractors expense at 12 individual parks and/or facilities as directed by the City in
the month of December and review the analysis with the City representative in the
month of January.
f. All materials must be approved by the Parks and Tree
Maintenance Superintendent. Quantities used must be submitted to the Parks and
Tree Maintenance Superintendent on a "Monthly Fertilizer Use Report."
11. Appropriate fungicide, weed control, and insecticide materials
shall be applied to all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis.
b. Chemical control of broad leaf weeds shall be initiated as
needed on all turf.
12. Aerate all turf areas twice per year; once in April and again in
October.
a. Aerate all turf with a mechanical aerator set with 1/2" core
spoons at not more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose of all cores.
c. Contractor is responsible for locating and marking all sprinkler
components prior to aeration operations.
13. Visually check all turf areas on a weekly basis for pests, fertility,
irrigation, damage, or other problems. Correct or advise the City immediately.
14. Scheduling of mowing and turf care maintenance times will be
approved by the City. Attention to public use will dictate schedules, and noise levels
will be kept to an acceptable minimum at all times.
0 0
C. HARDSCAPE MAINTENANCE
1. After each mowing or maintenance activity all hardscape will be
cleaned.
2. Vacuums, blowers, sweepers or other approved means may be
used to clean hardscape areas. All blowers shall be operated in a manner so as to not
disturb residents or visitors. 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
D. GENERAL GROUNDS POLICING
1. Refuse or litter shall be removed Drior to
toll lower,
is
•
EXHIBIT B •
Park Locations
Parks JAddress
Acrea e
Balboa Island
115 Agate Ave., Balboa Island
0.1
Bayside Drive
Bayside Dr. between Carnation and Larkspur
2
Bayview
Mesa Dr. @ Bayview Ave.
2
Begonia
Begonia Ave. at First Ave.
1.5
Bolsa
Bolsa Ave. @ Old Newport Blvd.
0.1
Bonita Creek
University Dr. @ La Vida
7.4
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
14
Channel Place
Channel Place @ 44th St.
1
Cliff Drive
Cliff Dr. @ Riverside Dr.
1.5
Eastbluff
Vista Del Oro @ Vista Del Sol
8
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
Iris Ave. @ 5th Ave.
2.5
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
1
Irvine Terrace
Seadrift Dr. @ Evita Dr.
5.5
Jasmine Creek View
Harbor View Dr. @ Marguerite Ave.
0.1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
"L" St. @ Piazza del Sur
0.5
Las Arenas
Balboa Blvd. @ 16th St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
1
Mariners
Dover Dr. @ Irvine Ave.
5
Newport IslanA7
Marcus @ 39th St.
0.1
Newport Shores
61st St. @ Coast Blvd.
01
Oasis Passive
Marguerite Ave. @ 5th Ave.
3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Fernleaf Ave. to Poppy Ave.
1
Old School
Carnation Ave. @ 4th Ave.
0.5
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
1.5
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
5
Spyglass Hill
Spyglass Hill Rd @ El Capitan Dr.
1
Spyglass Hill Resevoir
Muir Beach Circle
0.3
Veteran's Memorial
15th St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport
Seashore Dr. btwn 57th St. & Santa Ana River Jetty
4
38th Street
Balboa Blvd. @ 38th St.
0.3
Total Acreage
77.8
11
0
0
0
• EXHMIT C •
FACILITY LOCATIONS
Facility
Address
JAcrea e
Fire Stations:
1
Balboa Blvd. @ Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
3
Santa Barbara Dr. @ Jamboree Rd.
0.1
5
Marigold Ave. between PCH/2nd Ave.
0.1
6
Irvine Ave. @ Dover Dr.
0.1
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
0.2
Corona del Mar —Marigold
Ave. between PCH/2nd Ave.
0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
1
City Hall
3300 Newport Blvd.@ 32nd St.
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd. @ McFadden Pl.
0.2
Oasis Senior Citizens Ctr.
800 Marguerite Ave. @ 5th Ave.
1
Police Station
Santa Barbara Dr. @ Jamboree Rd.
0.1
W. Nw t Community Ctr.
883 W. 15th St. off Placentia Ave.
0.1
Total Acreage
12.2
• EXHIBIT D •
MAINTENANCE FREQUENCY SUMMARY 0
FUNCTION
FREQUENCY
Mowing
Every Week, March through November
Eve Two Weeks, December through February
S orts Fields and Cit Hall/Weekly throw hout the Vear
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
3/ ear
Vertical Mow
1/ ear
Aerate
2/ ear
Pest and Weed Control
As needed
Visual Inspection
Weekly
Hardsca a Maintenance
Each site after mowing
Grounds Policing/Litter Removal
Each site before mowing or Maintenance Activity
0
Ll
i
EXHWIT E •
PARK AND FACILITY AREAS
Sites Requiring Mandatory Early Mowing
Before 7:00 a.m.
Before 9:00 a.m.
Before 10.00 a.m.
City Hall
38th t. Park
Las Arenas Park
Newport Pier Plaza
Peninsula Park
Oasis benior itizens tr
West Jetty View
State Beach
W. New ort ark
Ocean Blvd. Bluffs
Ensi n View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
an Joa uin Hills Park
Lincoln Athletic Ctr
San Miguel Park
Be onia Park
• i
EXIMIT F
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below.
Any deviation from the approved list must be approved by the City of Newport
Beach before installation. Any item not mentioned in the Standard Materials
list must be approved by Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Electric Valve
6. Rainmaster RME 12 or Larger Controller
7. LA MAX Enclosure -LA MAX MARK -2SST
8. Matco 754 Series Full Port Ball Valve
9. Class 200 PVC Lateral Pipe
10. Class 315 PVC Main Supply Pipe 1 1/2" and larger
11. Schedule 40 PVC Main Supply Pipe 1 1/4" and Smaller
12. Rectangular Valve Box - Plastic -18 "L x 12 "W x 12" Deep
13. Round Valve Box - Plastic - 10"
14. Rainbird #44 Quick Coupling Valve with Vinyl Cover
15. Control Wire: AWG, U.F. 600 -V Direct Burial Copper with PVC Insulation
TURF FERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
0
9 0
• PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod, trees,
shrubs, annuals and perennials, flowers, and ground covers must be approved
by the Park and Tree Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to City with application
location and written recommendation from the Contractor's Pest Control
Advisor prior to use. All materials must be properly labeled and certified for
intended use. Proper and legal disposal of any and all pesticides used is solely
the responsibility of the Contractor. All state, county, and city laws regarding
pesticide use and disposal must be followed.
r�
• •
EXIUBIT G .
Reports
1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (as sent to County Agriculture
Commission)
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Extra work approval list
9. Annual pesticide safety training records
10. Required tailgate safety meeting records .
11. Monthly maintenance report
12. Monthly greenwaste recycling report
0
0
r1
• •
UNIT COSTS
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes
in the scope of work, including additions and deletions on work not
performed, the Contract Sum shall be adjusted in accordance with the
following unit prices, where the City elects to use this method in
determining costs.
B. Contractor is advised that the unit prices will enter into the
determination of the contract award. Unreasonable prices may
result in rejection of the entire bid proposal. Unit prices listed below
refer to all items installed and the Construction Documents and
include all costs connected with such items; including but not limited
to, materials, labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices
that will be charged or credited for labor and materials to be provided
regardless of the total number units and/or amount of labor required
for added or deleted items of work.
D. All work shall be performed in accordance with specifications
described in the RFP.
FUNCTION COST/UNIT OF MEASURE
TURF
Turf Mow -Real Blade
Turf Mow- Rotary Blade
Turf Mow and Clippings Picked Up
Turf Edge
Turf Line Trim
Turf Aerify
Turf Fertilize
Turf Dethatch/Renovate
Turf sweeping
Flail mow of natural areas
HARDSCAPE
Cleaning
PEST CONTROL
Turf disease/insect spray
Boom Application
Hand Application
$1.35 / 1000 Sq. Ft.
[.31000 Sq. Ft.
1000 Sq. Ft.
1000 Linear Ft.
1000 Linear Ft.
1000Sq.Ft.
1000 Sq. Ft.
Acre
1000 Sq. Ft.
Acre
3.00 / 1000 Sq. Ft.
10.50 11000 Sq. Ft.
19.50 / 1000 Sq. rt.
0
Turf Broadleaf Spray
Boom Application
Hand Application
Turf Pre - Emergent
General Weed Control Post Emergent
• ANT 1
1F \: •
Turf - Seed and top dress
Turf - Sod
Landscape Maint. Supervisor
Pest Control Applicator
Irrigation Specialist
Landscape Maint. Leadworker
Equipment Operator
Landscape Maint. Laborer
10.00 / 1000 Sq. Ft.
19.00 / 1000 Sq. Ft.
6.50 / 1000 Sq. Ft.
18.25 / 1000 Sq. Ft.
380.00 / 1000 Sq. Ft.
650.00 / 1000 Sq. Ft.
17.00 /Hour
19.50 / Hour
19.50 /Hour
12.00/Hour
48.35 /Hour
10.00 / Hour
•
•
0
•
CJ
• EXHIBIT I 0
BID UNIT COSTS
PARKS UNIT COST/YEAR
Area
Unit Cost
Balboa Island
-P-1692
Ba side Drive
4,338.57
Bayview
4,338.57
Begonia
3,253.93
Bolsa
216.92
Bonita Creek
16,052.73
Buffalo Hills
30,370.03
Channel Place
2,16928
Cliff Drive
3,253.93
Eastbluff
17,354.30
Ensi n View
1,084.64
Galax View
2,169.28
Grant Howald
5,423.22
Harbor View Nature
2,169.28
Irvine Terrace
11,931.08
Jasmine Creek View
216.92
Kin s Road
216.92
L" Street
1,084.64
Las Arenas
433.85
Lido
1,084.64
Mannin Tract
2,169.28
Mariners
10,846.44
Newport Island
216.92
Newport Shores
216.92
Oasis Passive
7,375.57
Ocean Blvd. Bluffs
2,169.28
Old School
1,084.64
Peninsula
7,592.50
San Joaquin Hills
3,253.93
San Miguel
10,846.44
lass Hill
2,169.28
lass Hill Resevoir
650.78
Veteran's Memorial
867 77
Westcliff
2 169 28
West Jett View
433.85
West Newport
8,677.15
38th Street
650.78
Total
168,770.46
• EXHIBIT J 0
BID UNIT COSTS
Facilities Unit Cost/Year
Area
Unit Cost
Fire Stations:
1
$216.92
2
216.92
3
216.92
5
216.92
6
216.92
Libraries:
Balboa
433.85
Corona del Mar
216.92
Miscellaneous:
CdM State Beach
2,169.28
City Hall
2,169.28
Lincoln Athletic Center
17,354.30
Newport Pier Plaza
433.85
Oasis Senior Citizens Ctr
2,169.28
Police Station
216.92
W. Nw t Community Ctr
216.92
Total
$26,465.20
•
is
• CITY OF NEWPORT BEACH
REQUESTS FOR FUNDS
•
Date July 14, 1997
TO: Administrative Services Director
FROM: General Services Director
SUBJECT: REQUEST FOR FUNDS
Request for transfer of funds, $ 22,522
Transfer from Account No. 3170 -8024 to No. 3170 -8080
Request for transfer of funds, $ 180,223
Transfer from Account No. 312Q-7XXX to No. 3170 -8080
Request for transfer of funds, $ 15,183
Transfer from Account No. 1170 -8022 to No. 3170 -8080
r1
LJ
Funds are available in the current budget.
Transfer of funds is needed for: Parks mowing contract.
Approved:
W."11111"��
Finance Director
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L_J
Department Head
9
CITY OF NEWPORT BEACH
REQUESTS FOR FUNDS
TO: Administrative Services Director
FROM: General Services Director
SUBJECT: REQUEST FOR FUNDS
0
Date July 14, 1997
Request for transfer of funds, $ To be determined by sale proceeds .
Transfer from Account No. 610 -6830 to No. 3170 -8080
Funds are available in the current budget.
Transfer of funds is needed for: Parks mowing contract, and Parks
improvement.
Department Head
Approved:
A- �u4 �L // A
A l l
Finance Director
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this -Aday of 64 1M7 by and
between the City of Newport Beach, a Municipal Corporation and Charter City
( "City"), and California Landscape Maintenance, Inc. ( "Contractor"), is made with
reference to the following:
RECITALS
A. Prior to August 1997, City maintained turfgrass in City parks and
facilities using its own employees and equipment;
B. Subsequently, City determined it to be in the City's best economic
interests that these landscaping and maintenance functions be performed by a
private contractor.
C. Contractor acknowledges that City has relied upon Contractor's
representations and Contractor commits to faithfully perform the services
required by this Agreement and in accordance with the terms and conditions of
this Agreement;
D. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type, nature and
frequency of work to be performed, is familiar with all conditions relevant to the
performance of services, and has committed to perform all required work for the
price specified in this agreement.
NOW, THEREFORE, the parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one year. The term
shall commence within ten (10) working days of City Council approval and upon
receipt and approval of all required bonds and insurance. The term of this
Agreement shall automatically be extended for four (4) additional one (1) year
terms (automatic extensions) with the first extension to commence upon the
expiration of the initial term, unless the City notifies Contractor in writing at least
thirty (30) days before the end of the initial term or any automatic extension, of its
intent to terminate this Agreement at the conclusion of the initial term or any
extension.
2. CONTRACTOR DUTIES
Contractor shall perform the turfgrass maintenance services specifically
described in, and in strict compliance with the requirements of Exhibit A (Scope of
Work), at the park and facility locations noted by Exhibits B and C. The contract
services (Scope of Work) shall be performed at least as frequently as specified in
Exhibit D with particular attention to the time schedule of Exhibit E. City shall
have the right to alter frequency of maintenance as necessary to ensure highest
industry standards of maintenance. Contractor services relative to the
installation of material, the application of substances, or the planting of
landscaping shall be in strict conformance with Exhibit F. Reports will be
submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices and
Costs are contained in Exhibits H through J. All of the Exhibits are considered to
be a part of, and are incorporated into, this Agreement.
S. WORKMANSHIP, SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
contract services and all members of the work force shall be legally documented.
B. All contract services shall be performed by competent and
experienced employees. Irrigation maintenance and repairs shall be performed by
a certified California Landscape Contractors Association Landscape Technician I
(irrigation). All pesticide operations, where required, shall be performed by a
California State Licensed Pest Control Operator through written recommendation
by a California State Licensed Pest Control Advisor. Contractor shall be
responsible for compliance with all local, state, and. federal laws and regulations
regarding pesticide usage. Contractor shall employ or retain, at its sole cost and
expense, all professional and technical personnel (in addition to irrigation and
pesticide specialists) necessary to properly perform contract services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications.
All supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall be
deemed delivered to the Contractor. The supervisor assigned must be identified by
name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat
in appearance and in uniforms as approved by the Parks and Tree Maintenance
Superintendent when performing contract services. All Contractor personnel
shall wear identification badges or patches. Those contract employees working in
or adjacent to traffic zones shall wear orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be
in good working order and have appropriate safety guards (mowers, etc.). All
vehicles shall bear the identification of the Contractor.
G. Contractor shall provide an Operations Manager to coordinate work
with the City Administrator and ensure satisfactory performance of contract
services. An area supervisor shall coordinate work crews on a daily basis to
ensure compliance with the terms of this Agreement.
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4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $195,235.66 per year. Contractor
shall submit invoices to City on a monthly basis. City shall pay invoices within
thirty (30) days after receipt by the City. Payment shall be deemed made when
deposited in the United States mail, first class postage pre -paid, and addressed to
Contractor as specified in Section entitled "Notices".
5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither
Contractor nor its employees are to be considered employees of the City. The
manner and means of conducting the work are under the control of Contractor,
except to the extent they are limited by statute, rule or regulation and the express
terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit
F in performing contract services. Any deviation from the materials described in
Exhibit F shall not be installed unless approved in advance by the City
Administrator.
B. Subject to the provisions of Section 7, City shall reimburse
Contractor for the actual cost, plus 15 %, of all materials installed by Contractor
in the performance of contract services. Actual cost shall be the best price
available to Contractor including all applicable discounts. Contractor shall
provide City with a schedule of typical costs of irrigation parts, plant materials
and other commonly used items within thirty (30) days from the date of this
Agreement. Contractor shall retain records reflecting the actual cost of parts or
materials used and the performance of services required by this Agreement.
C. City reserves the right to purchase material or parts and make
same available to Contractor. City shall notify Contractor of its intention to do so
seven (7) days prior to Contractor's obligation to use City provided parts and/or
materials. Contractor shall secure, store, inventory, distribute and control all
materials or parts provided to Contractor by City. Contractor shall make all
materials and inventory available to the City upon request.
7.
A. Contractor shall advise the City Administrator of any damage to
City equipment or property immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to
City equipment or property caused by Contractor or its agents, employees,
representatives or officers.
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C. Contractor shall repair damaged irrigation pipes, controllers and
valves only after the City Administrator has approved a written estimate of the
cost of repair.
D. Contractor shall, at its sole cost and expense, replace all plant
materials (including shrubs, ground cover, mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the services
required by this Agreement or has been damaged by the acts of Contractor or its
employees. Contractor shall replace plant materials damaged or destroyed by the
acts of others only after the City Administrator approves a written estimate of
the costs of replacement including materials and labor costs.
8. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area
or location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent
or hidden, at the commencement of, or at any time during the term of this
Agreement.
9. HOLD HAIUMMSS
A. Contractor assumes all risk in any way related to the performance of
contract services. Contractor agrees to indemnify, defend, save and hold harmless
City, its elected and appointed boards and commissions, officers, agents, and
employees from and against any loss, damages, liability, claims, costs, expenses
or damages, including, but not limited to, bodily injury, death, personal injury,
property damages, attorneys fees and court costs arising from, or in any way
related to, the performance of contract services required by this Agreement,
provided, however, Contractor's obligation in this regard shall not apply in the
event of the sole negligence, fraud or wil fill misconduct by City, its officials,
agents, employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, costs and expenses whatsoever, including reasonable
attorneys' fees, which may accrue to any and all persons, or business entities
furnishing or supplying work, services, materials, equipment or supplies to
Contractor in the performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for
damages caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by Contractor
or existing while the property was under the control of Contractor, Contractor
shall not be relieved of its obligation to defend, indemnify, and hold City and its
officers, employees and representatives harmless, by any settlement with any
such third party unless that settlement includes a full release and dismissal of all
claims by the third party against the City.
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10.
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A. In addition to Contractor's obligation to defend, indemnify, and hold
City harmless, Contractor shall obtain and maintain at its own expense during the
term of this Agreement, policy or policies of liability insurance of the type and
amounts described below and satisfactory to the City. Insurance policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and
must be filed with the City prior to performing any contract services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements. At the option of City, Contractor
shall provide copies of all policies, providing coverage as required by this
Agreement.
C. Contractor shall provide the following insurance, with Best's Class A-
7 or better carriers:
1. Workers' Compensation and Employers Liability insuring
statutory Workers' Compensation limits as required by the California Labor Code
and $1,000,000 (one million) per accident Employers' Liability;
2. Commercial general liability insurance covering third party
liability risks, including without limitation, contractual liability, in a minimum
amount of $1,000,000 (one million) combined single limit per occurrence for bodily
injury, personal injury; and property damage. If the policy contains a general
aggregate limit, then the aggregate limit shall not be less than $2,000,000 (two
million);
3. Commercial auto liability and property insurance covering all
owned and rented vehicles of Contractor coverage Code 1 "any auto" with a
minimum amount of $2,000,000 (two million) combined single limit per accident
for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
1. Additional Insured:
"The City of Newport Beach and its elected and appointed
boards, officers, agents, and employees as additional insured."
Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given to City."
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3. Other Insurance:
"Any other insurance maintained by the City of Newport
Beach shall be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim
made or suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its
proper protection and performance of contract services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive liability
insurance, that Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or
City with respect to the services of Contractor, a waiver of any right of
subrogation which any such insurer of Contractor may acquire against City by
virtue of the payment of any loss under insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement
or any interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null and void.
Contractor acknowledges that these provisions relative to assignment are
commercially reasonable and that Contractor does possess special skills, abilities,
and personnel uniquely suited to the performance of contract services and any
assignment of this Agreement to a third party, in whole or in part, could jeopardize
the satisfactory performance of contract services. Contractor may not employ
any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the
issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
12.
A. All Contractor's books and other business records, or such part as
may be used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or
assembled by Contractor pursuant to this Agreement may be made available to
any individual or organization without prior approval by City.
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C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted monthly of all
calls from the City of Newport Beach General Services Department and the City
of Newport Beach Police Department to the Contractor, whether or not those
calls require a request for service and a description of the action taken from the
City call.
E. Contractor shall keep records and invoices in connection with its
work to be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative
of City during normal business hours to examine, audit, and make transcripts or
copies of such records. Contractor shall maintain and allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement for a period
of three (3) years from the date of final payment under this Agreement.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services
Department. The General Services Director or his/her designees shall be
considered the City's Administrator and shall have the authority to act for the
City under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other
existing information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional turfgrass maintenance or
landscape maintenance services as requested by the Administrator. The
Administrator may give verbal authorization for additional services up to $500.
Administrator shall provide Contractor with written authorization prior to the
performance of any additional services that exceed $500. Contractor shall be
compensated for additional services in accordance with the unit prices specified in
Exhibits H through J.
B. City reserves the right to withdraw certain park or facility locations
from the Scope of Work to be performed by Contractor pursuant to this
Agreement. City shall notify Contractor in writing of its intent to do so at least
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thirty (30) days prior to the effective date of withdrawal of any location. In the
event a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the bid unit costs specified in
Exhibits I and J. In the event the location is withdrawn for a period of less than a
full 1 (one) year term, Contractor's compensation shall be reduced on a prorated
basis. .
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of the Agreement, such dispute shall be
decided by the City Manager and his decision shall be final and binding upon
Contractor and his sureties.
16.
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this
Agreement, a bond or other instrument satisfactory to the Administrator in an
amount equal to $15,000 as security for the Faithful Performance of this
Agreement.
18. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and the
Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential
labor dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all relevant
information.
19.
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
because of race, religion, color, sex, handicap, national origin, or other basis that is
violative of the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
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20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this
project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially
affect such interest. The Contractor will provide a completed disclosure form
noting the above. Contractor will comply with the Act and relevant City
Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify and
hold harmless the City for any claims for damages resulting from the Contractor's
violation of this Section.
22.
All notices, demands, requests or approvals to be given under this
Agreement must be given in writing and will be deemed served when delivered
personally or on the second business day after the deposit thereof in the United
States mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
California Companies
California Landscape Inc.
5241 E. Santa Ana Canyon Road, Suite 100
Anaheim Hills, California 92807
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28. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such
default is not cured within a period of two (2) working days, or if more than two (2)
working days are reasonably required to cure the default and Contractor fails to
give adequate assurance of due performance within two (2) working days after
Contractor receives written notice of default from City, City may terminate the
Agreement forthwith by giving written notice. City may, in addition to the other
remedies provided in this or authorized by law, terminate this agreement by giving
written notice of termination.
B. This agreement may be terminated without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City shall
pay to Contractor that portion of compensation specified in the Agreement that is
earned and unpaid prior to the effective date of termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the City
Administrator, the level of maintenance falls below appropriate landscape or
hardscape maintenance standards and/or Contractor fails to satisfactorily
perform contract services. City shall have the right to return funds withheld until
the City Administrator determines that contract services are performed as well
as frequently as required by this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement,
or for damages by reason for an alleged breach of any provisions of this
Agreement, the parties agree that the court with jurisdiction over the action may
determine and fix reasonable attorneys' fees and expenses to be paid to the
prevailing party.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state,
federal, or local laws, rules, ordinances, statutes or regulations applicable to the
performance of contract services.
26. WAIVER
A waiver by City of any breach of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein whether of the
same or a different character.
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27. INTEGRATED CONTRACT
This Agreement represents the fill and complete understanding of every
land or nature whatsoever between the parties and all preliminary negotiations
and agreements of whatsoever land or nature are merged in this Agreement. No
verbal agreement or implied covenant shall be held to vary the provisions hereon.
Any modification of this Agreement will be effective only by written execution
signed by both City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
iI..4
WMIUMMIZU,
I1
CITY OF NEWPORT BEACH
A Municipal Corporation
Its: C—z:0-
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List of Exhibits
Exhibit A Scope of Work
Exhibit B Park Locations
Exhibit C Facility Locations
Exhibit D Maintenance Frequency Summary
Exhibit E Park and Facility Areas
Exhibit F Standard Materials
Exhibit G Reports
Exhibit H Bid Unit Prices
Exhibit I Bid Unit Costs (Parks)
Exhibit J Bid Unit Costs (Facilities)
• EXHIBIT A •
Specifications for Contract of Turfgrass Maintenance of
City Parks and Facilities
SCOPE OF WORK
The contractor shall provide the following services and meet the following
specifications:
1. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform turfgrass
maintenance as described herein including, but not limited to, the following:
1. Turfgrass weed eradication and control both mechanically and
with chemicals.
2. Fertilizing.
3. Irrigation repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hardscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
Normal working hours shall be within a ten -hour day between the hours of 7:00
AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be
scheduled without permission from the City, unless it is an emergency situation. No
motorized equipment shall be operated before 8:00 AM nor after 5:00 PM., unless
specified on Attachment E.
3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest turfgrass
maintenance standard, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites.
B. If, in the
specified herein, the C
provided herein, withh
rendered in accordan
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4ment of the City, the level of maintenance is less than that
shall, at its option, in addition to or in lieu of other remedies
providing no other arrangements have been made
between the Contractor and the
City. Failure to notify of a change and/or
failure to perform an item or work
on a
scheduled day may result in deduction of payment for that
date or week. Payment
will
be retained for work not performed
until such time as the work
is performed to
City standard.
C. The Contractor is required to correct deficiencies within the time
specified by the City. If noted deficient work has not been completed, payment for
subject deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments. If an
area is not mowed or edged as scheduled, payment will be withheld for the
maintenance cost of the specific areas that were not maintained.
4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach
General Services Department. There shall be a minimum of a weekly meeting with
the Contractor and the City representative to determine progress and to establish
areas needing attention. A monthly maintenance schedule will be submitted in
writing to the City by the first of said month.
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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to David E. Niederhaus, General
Services Director, General Services Department, City of Newport Beach, 3300
Newport Blvd., Newport Beach, CA 92663 -3884.
7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City before the
work is commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be required on some
occasions.
8. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in
conformity with the "The California Manual on Uniform Traffic Devices" for use in
performance of work upon highways issued by the State of California, Department of
Transportation and as directed by City staff.
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.
9. DISPOSAL
At least 25% of all landscape debris will be disposed of through a landscape material
recycling center or reused in some manner. The Contractor shall dispose of all
cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall pay
all disposal fees and provide documentation evidence of recycling to include location,
tonnage, etc. on a monthly basis to the City.
10. RECORDS
A. The contractor shall keep accurate records concerning all of his/her
employees or agents and provide the City with names and telephone numbers of
emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the Parks and Tree Maintenance
Superintendent. This report should also contain a description, including man - hours,
equipment, and materials breakdowns and costs used to accomplish any additional
work which the contractor deems to be beyond the scope of the contract. Under
ordinary conditions, payment for this work will not be authorized unless the additional
work, and costs thereof, are first approved in writing by the City. A phone log will be
• •
C. The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual maintenance calendar to
the Parks and Tree Maintenance Superintendent. This maintenance calendar shall
clearly indicate all of the turfgrass maintenance tasks required by this agreement
and the months of the year they are scheduled to be performed. If it is necessary to
make periodic revisions to this maintenance schedule, a modified calendar must be
submitted to the Parks and Tree Maintenance Superintendent for approval prior to
the date the changes are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services only at any reasonable time.
11. EMERGENCY
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who may be contacted by City representatives when
emergency maintenance conditions occur during hours when the Contractor's normal
work force is not present in the City of Newport Beach. The Contractor
representatives shall respond to said emergency within thirty (30) minutes from
receiving notification.
12. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be
given to the City forty -eight (48) hours PRIOR to each of these operations by the
Contractor. "Specialty type" maintenance operations are defined as: fertilization,
turf aerification, turf dethatching, seeding, preventive and curative application of turf
funeicide. herbicide or anv required pesticide aonlications and plant replacements.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and
submit a copy thereof. The Contractor must be licensed as a California State
Licensed Pest Control Operator and a California State Licensed Pest Control Advisor.
The name and permit number will be supplied to the City at the beginning of contract,
and any changes forwarded within twenty -four (24) hours of said change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time
of the job site and provide the office with phone service during normal working hours.
During all other times, a telephone answering service shall be utilized and the
answering service shall be capable of contacting the Contractor by radio or pager.
Contractor shall have a maximum response time of thirty (30) minutes to all
emergencies. There will be no on -site storage of equipment or materials. Contractor
will have full responsibility for maintaining an office and a yard.
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15. 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 and 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.
R Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor
indicating the major items of work to be performed in accordance with the
performance requirements and further delineate the time frames for accomplishment
by day of the week and by morning and afternoon.
2. The Contractor shall complete the schedule for each item of work
and each area of work.
3. The initial schedule shall be submitted one week prior to the
effective date of the contract. Thereafter, it shall be submitted weekly on Thursday
mornings for City approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Tree
Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled
time for the work.
5. Failure to notifv of
work on a
6. The Contractor shall adjust his/her schedule to compensate for all
holidays and rainy days. Maintenance and litter removal shall be scheduled for all
holidays and rainy days, unless otherwise indicated by the City.
C. Performance on Schedule
1. 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.
0 6
16. 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 Parks and Tree
Maintenance Superintendent when the work force has been removed from the job site
due to inclement weather or other reasons.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to
insure the safety of his/her work crew and to protect, in place, existing utility
equipment before commencing any excavation. Contractor shall contact the Parks
and Tree Maintenance Superintendent and Underground Service Alert (1- 800 -422-
4133) 48 hours before commencing any excavation, to locate underground service
lines.
18. PESTICIDES
A. The City must maintain all documents that pertain to the use of
pesticides on its property. Contractor must provide the Parks and Tree Maintenance
Superintendent with all of the folllowing:
1. A copy of Contractor's Orange County Agricultural
Commissioner, "Restricted Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before
Contractor uses any pesticide.
3. A "Pesticide Use Daily Record" for any site at which a pesticide
was used, within 24 hours of application.
4. If a restricted pesticide is proposed to be used, a copy of the
"Notice of Intent To Use Restricted Materials ", 24 hours before application.
5. A list of Environmental Protection Agency numbers and Material
Safety Data Sheets of all the pesticides Contractor intends to use for this contract,
prior to such use.
6. The contractor shall not use any pesticide that has not been
authorized by the Park and Tree Maintenance Superintendent.
i 0
19. TECIINICAL MAINTENANCE SPECIFICATIONS
A. GENERAL TURFGRASS MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with
the following specifications and at the frequencies indicated, unless otherwise
indicated in the "Maintenance Frequency Summary" (Exhibit B). 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 parks and
facilities.
2. All operations will be conducted so as to provide maximum safety
for the public and minimize disruption of the public use of City parks and facilities.
3. Leaves, paper, broken glass, and any other debris will be removed
from turfgrass areas prior to mowing and disposed of off -site.
4. Contractor will clean sidewalks, roadways, and any other areas
littered or soiled by his maintenance operations.
5. The Contractor shall maintain the premises clean of debris at all
times. Upon completion of any work project, the Contractor shall remove remaining
excess materials, waste, rubbish, debris, and his construction and installation equip-
ment from the premises. Any dirt or stains caused by the work shall be removed.
Existing City trash containers shall not be used by the Contractor.
6. Contractor must notify the City immediately of any unusual and
hazardous conditions in the work site.
7. Contractor must notify City within one (1) hour of facilities or
conditions that may break, malfunction, or interrupt the public's use of City parks
and facilities.
8. All insects and other like pests shall be controlled by the
Contractor. Any control measures should be approved first by the Parks and Tree
Maintenance Superintendent with written recommendations from the Contractor's
Pest Control Advisor. All rodent activity shall be eradicated as soon as possible.
Particular attention to burrowing rodents is necessary to protect the site.
9. Repair or replacement of equipment damaged as a result of
Contractor's negligence shall be replaced at the Contractor's expense.
10. All repairs or replacements to be made with original type material
or as directed.
11. Material substitutions must be approved by the Parks and Tree
Maintenance Superintendent.
12. Necessary irrigation repairs shall be made within 24 hours. All
repairs shall be made in accordance with City of Newport Beach standard irrigation
specifications.
13. Irrigation programming for all sites will be provided by the City.
14. Turf shall be regularly mechanically trimmed using line trimmers
around sprinkler heads to insure the proper operation of the system.
IEL TURF MAINTENANCE
1. A mowing schedule of all areas shall be provided to the City by
the Contractor.
2. All areas will be mowed not less than once a week during the
warm season of March 1 through November 30 and once every two weeks during the
cool season of December 1 through February 28. All sports turf areas and City Hall
are to be mowed weekly, 52 times per year.
Fescue, Mkuya, Perennial Rye and Bluegrass turfgrasses shall be
mowed using a rotary mower at a cutting height of 2 " -2 1/2 ". Bermuda turf shall be
mowed using a reel mower, at a cutting height of 1/2" - 3/4 ". Mowing height shall be
as directed by the City.
3. Clippings shall be collected and removed at end of each mowing
unless otherwise directed by the City. Mulching mowers may be acceptable if
approved by City prior to mowing of a particular site(s).
4. Mechanically, trim growth using line trimmers from around all
trees, valve boxes, lamp posts, drains and other permanent structures located in the
turf at each site mowing. line trimmers shall be used to keep the turf at
approximately the height as mowers, except around sprinkler heads and valve boxes
where the turf should not be trimmed to below 1/2 ". The contractor shall be liable for
any damage caused to trees as a result of use of line trimmers.
5. Mowing equipment shall be sharp and properly adjusted to avoid
damage to the turf grass.
6. Pick up all litter from turfgrass areas prior to mowing.
7. Vertical mowing of turfgrass shall be done once per year in
October. Sports fields will be done in July, or as directed by City.
8. Depth of cut shall be sufficient to remove thatch without
damaging crown of turf plant. Dethatching shall be accomplished by use of "vertical
cut type" dethatch machine. The amount of dethatching shall be determined by City.
9. All thatch and debris shall be removed and disposed of at the end
of each day.
10. All turf shall be fertilized three times per year using a
homogenous, pelletor granular slow release material. City must approve the material
used. Apply at the following rates and time:
a. February: 16 -8 -6 fertilizer at one pound actual nitrogen per
1,000 square feet.
b. June: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000
square feet.
c. October: 16 -8 -6 fertilizer at one pound actual nitrogen per
1,000 square feet.
I 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.
e. The Contractor shall perform a soil fertility analysis at
Contractors expense at 12 individual parks and/or facilities as directed by the City in
the month of December and review the analysis with the City representative in the
month of January.
f. All materials must be approved by the Parks and Tree
Maintenance Superintendent. Quantities used must be submitted to the Parks and
Tree Maintenance Superintendent on a "Monthly Fertilizer Use Report."
11. Appropriate fungicide, weed control, and insecticide materials
shall be applied to all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis.
b. Chemical control of broad leaf weeds shall be initiated as
needed on all turf.
12. Aerate all turf areas twice per year; once in April and again in
October.
a. Aerate all turf with a mechanical aerator set with 1/2" core
spoons at not more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose of all cores.
c. Contractor is responsible for locating and marking all sprinkler
components prior to aeration operations.
13. Visually check all turf areas on a weekly basis for pests, fertility,
irrigation, damage, or other problems. Correct or advise the City immediately.
14. Scheduling of mowing and turf care maintenance times will be
approved by the City. Attention to public use will dictate schedules, and noise levels
will be kept to an acceptable minimum at all times.
• i
C. HARDSCAPE MAINTENANCE
1. After each mowing or maintenance activity all hardscape will be
Cleaned.
2. Vacuums, blowers, sweepers or other approved means may be
used to clean hardscape areas. All blowers shall be operated in a manner so as to not
disturb residents or visitors. However, debris shall not under any circumstance be
blown or otherwise swept onto adiacent streets or property. All debris must be picked
up by the Contractor and removed from the site. Any equipment that is used for
D. GENERAL GROUNDS POLICING
1. Refuse or litter shall be
EX MIT B
Park Locations
Parks
Address
Acre e
Balboa Island
115 Agate Ave., Balboa Island
0.1
Bayside Drive
Bayside Dr. between Carnation and Larkspur
2
Bayview
Mesa Dr. @ Bayview Ave.
2
Begonia
Begonia Ave. at First Ave.
1.5
Bolas
Bolas Ave. @ Old Newport Blvd.
0.1
Bonita Creek
University Dr. @ La Vida
7.4
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
14
Channel Place
Channel Place @ 44th St,
1
Cliff Drive
Cliff Dr. @ Riverside Dr.
1.5
Eastbluff
Vista Del Oro @ Vista Del Sol
8
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
Iris Ave. @ 5th Ave.
2.5
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
1
Irvine Terrace
Seadrift Dr. @ Evita Dr.
5.5
Jasmine Creek View
Harbor View Dr. @ Marguerite Ave.
0.1
Kings Road
Kings Road west of St. Andrews Road
0.1
L" Street
"L" St. @ Piazza del Sur
0.5
Las Arenas
Balboa Blvd. @ 16th St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
1
Mariners
Dover Dr. @ Irvine Ave.
5
Newport Island
Marcus @ 39th St.
0.1
Newport Shores
61st St. @ Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 5th Ave.
3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Fernleaf Ave. to Poppy Ave.
1
Old School
Carnation Ave. @ 4th Ave.
0.5
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
1.5
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
5
Spyglass Hill
Spyglass Hill Rd @ El Capitan Dr.
1
Spyglass Hill Resevoir
Muir Beach Circle
0.3
Veteran's Memorial
15th St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport
Seashore Dr. btwn 57th St. & Santa Ana River Jetty
4
38th Street
Balboa Blvd. @ 38th St.
0.3
Total Acreage
77.8
0 0
EXHIBIT C
FACILITY LOCATIONS
Facili
Address
Acreage
Fire Stations:
1
Balboa Blvd. @ Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
3
Santa Barbara Dr. @ Jamboree Rd.
0.1
5
Marigold Ave. between PC1V2nd Ave.
0.1
6
Irvine Ave. @ Dover Dr.
0.1
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
0.2
Corona del Mar
Marigold Ave. between PCH12nd Ave.
0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
1
City Hall
3300 Newport Blvd.@ 32nd St.
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Ne ort Pier Plaza
Balboa Blvd. @ McFadden Pl.
0.2
Oasis Senior Citizens Ctr.
800 Marguerite Ave. @ 5th Ave.
1
Police Station
Santa Barbara Dr. @ Jamboree Rd.
0.1
W. Nw t Community Ctr.
883 W. 15th St. off Placentia Ave.
0.1
Total Acreage
12.2
• EXIMIT D
MAINTENANCE FREQUENCY SUMMARY
FUNCTION
FRE CY
Mowing
Eve Week, March throw h November
Eve Two Weeks, December through Februa
Sports Fields and City Hall/Weekly Hall/Weelkly throughout the year
Edqinq
At each mowin
Clipping Removal
At each mowing
String Trimminq
At each mowing
Fertilize
3/ ear
Vertical Mow
1/ ear
Aerate
2/ ear
Pest and Weed Control
As needed
Visual Inspection
Weekly
Hardsca a Maintenance
Each site after mowing
Grounds Policing/Litter Removal
Each site before mowing or Maintenance Activity
E
PARK AND FACILITY AREAS
•
Sites Requiring Mandatory Early Mowing
Before 7:00 a.m.
I Before 9:00 a.m.
Before 10:00 a.m.
City Hall
38th St. Park
Las Arenas Park
Newport Pier Plaza
'Peninsula Park
Oasis Senior Citizens Ctr
West Jett View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
nsi n View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joasuin Hills Park
Lincoln Athletic Ctr
San MI i uel Park
Be onia Park
• •
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below.
Any deviation from the approved list must be approved by the City of Newport
Beach before installation. Any item not mentioned in the Standard Materials
list must be approved by Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Electric Valve
6. Rainmaster RME 12 or Larger Controller
7. LA MAX Enclosure -LA MAX MARK -2SST
8. Matco 754 Series Full Port Ball Valve
9. Class 200 PVC Lateral Pipe
10. Class 315 PVC Main Supply Pipe 11/2" and larger
11. Schedule 40 PVC Main Supply Pipe 11/4" and Smaller
12. Rectangular Valve Box - Plastic -18 "L x 12 "W x 12" Deep
13. Round Valve Box - Plastic - 10"
14. Rainbird #44 Quick Coupling Valve with Vinyl Cover
15. Control Wire: AWG, U.F. 600 -V Direct Burial Copper with PVC Insulation
TURF FERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
• •
PLANPSTOCK
All selection and condition of the plant material of plant stock, seed, sod, trees,
shrubs, annuals and perennials, flowers, and ground covers must be approved
by the Park and Tree Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to City with application
location and written recommendation from the Contractor's Pest Control
Advisor prior to use. All materials must be properly labeled and certified for
intended use. Proper and legal disposal of any and all pesticides used is solely
the responsibility of the Contractor. All state, county, and city laws regarding
pesticide use and disposal must be followed.
D►� I1:
Reports
1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (as sent to County Agriculture
Commission)
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Extra work approval list
9. Annual pesticide safety training records
10. Required tailgate safety meeting records
11. Monthly maintenance report
12. Monthly greenwaste recycling report
191A.11:
UNIT COSTS
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes
in the scope of work, including additions and deletions on work not
performed, the Contract Sum shall be adjusted in accordance with the
following unit prices, where the City elects to use this method in
determining costs.
B. Contractor is advised that the unit prices will enter into the
determination of the contract award. Unreasonable prices may
result in rejection of the entire bid proposal. Unit prices listed below
refer to all items installed and the Construction Documents and
include all costs connected with such items; including but not limited
to, materials, labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices
that will be charged or credited for labor and materials to be provided
regardless of the total number units and/or amount of labor required
for added or deleted items of work.
D. All work shall be performed in accordance with specifications
described in the RFP.
FUNCTION COST/UNIT OF MEASURE
TURF
Turf Mow -Real Blade
Turf Mow - Rotary Blade
Turf Mow and Clippings Picked Up
Turf Edge
Turf Line Trim
Turf Aerify
Turf Fertilize
Turf Dethatch/Renovate
Turf sweeping
Flail mow of natural areas
HARDSCAPE
Cleaning
PEST CONTROL
Turf disease/insect spray
Boom Application
Hand Application
[230 1000 Sq. Ft.
1000 Sq. Ft.
1000 Sq. Ft.
1000 Linear Ft.
1000 Linear Ft.
1000Sq.Ft.
1000 Sq, Ft.
Acre
1000 Sq. Ft.
Acre
3.00 / 1000 Sq. Ft.
10.50 / 1000 Sq. Ft.
19.50
11.000 Sq. Ft.
El
Turf Broadleaf Spray
Boom Application
Hand Application
Turf Pre- Emergent
General Weed Control Post Emergent
1 a_ NT 1Z
Turf - Seed and top dress
Turf - Sod
Landscape Maint. Supervisor
Pest Control Applicator
Irrigation Specialist
Landscape Maint. Leadworker
Equipment Operator
Landscape Maint. Laborer
t 0.00 / 1000 Sq. Ft.
9.00 / 1000 Sq. Ft.
.50 / 1000 Sq. Ft.
8.25 11000 Sq. Ft.
380.00 / 1000 Sq. Ft.
650.00 / 1000 Sq. Ft.
17.00 /Hour
19.50 / Hour
19.50 / Hour
12.00/Hour
48.35 /Hour
10.00/Hour
• i
EXHIBIT I
BID UNIT COSTS
Area
Unit Cost
Balboa Island
$216.92
a side Drive
4,338.57
bayview
4,338.57
Begonia
3,253.93
Bolsa
216.92
Bonita Creek
16,052.73
Buffalo Hills
30,370.03
Channel Place
2,169.28
Cliff Drive
3,253.93
Eastbluff
17,354.30
Ensign View
1,084.64
Ualaxy View
2,169.28
rant Howald
5,423.22
Harbor View Nature
2,16928
Irvine Terrace
11,931.08
Jasmine Creek View
216.92
Kin s Road
216.92
"L" Street
1,084.64
Las Arenas
433.85
Lido
1,084.64
Manning Tract
2,169.28
Mariners
10,846.44
Newport island
216.92
Newport Shores
216.92
asis Passive
7,375.57
Ocean Blvd. Bluffs
2,169.28
1 chool
1,084.64
Peninsula
7,592.50
San Joaquin Hills
3,253.93
an Miguel
10,846.44
bpyglass Hill
2,169.28
Spyglass Hill Resevoir
650.78
Veteran's Memorial
867.77
Westcliff
2,16928
Jett View
433.85
&est
st N ew or
8,677.15
38th Street
650.78
Total
$169,770.46
0
EXBMIT J
BID UNIT COSTS
Facilities Unit Cost/Year
Area
Unit Cost
Fire Stations:
1
$216.92
2
216.92
3
216.92
5
216.92
6
216.92
Libraries:
Balboa
433.85
Corona del Mar
216.92
Miscellaneous:
CdM State Beach
2,169.28
City Hall
2,169.28
Lincoln Athletic Center
17,354.30
Newport Pier Plaza
433.85
Oasis Senior Citizens Ctr
2,169.28
Police Station
216.92
W. Nw t Community Ctr
216.92
Total
26,465.20
BY THE i. 1 7 C�
CITY OF NtNJP;..
2 4 S97 ` City Council Agenda
. Item No. 6
March 24, 1997
TO: Mayor and City Council
FROM: General Services Director C - 1p0
SUBJECT: Sale of a Water Truck
Recommendation
Approve the sale of a 1981 International water truck from the City's fleet to
California Landscape Maintenance Incorporated for the amount of $8,000 and
authorize the City Manager to proceed with sale arrangements.
Background
On March 25, 1996, Council approved a contract with California Landscape
Maintenance to provide landscape maintenance of City medians and roadside
areas at the cost of $195,820.48 per year. The term of the contract is for a
• period of one year and can be automatically extended for four additional one-
year terms with the first extension to commence upon the expiration of the
initial term. The contractor commenced work on April 8, 1996 and has been
performing in a very competent manner.
Discussion
The contractor and the City entered into a lease agreement for a City water
truck that was previously used by City staff to maintain the existing contract
areas for a period of one year with a purchase option stipulated in the lease.
Staff researched the current value of the truck with a western region auction
company and determined the sale value of the truck to be $8000. California
Landscape Maintenance has agreed to purchase the truck for $8000.
A proposed purchase agreement has been jointly developed by the City
Attorney.
Very respectfully,
David E. Niederhaus
DEN/MGL/pp
Attachment: Agreement for Sale of a Water Truck
AGREEMENT WSAI,1fpF A WATER TRUCK
•
THIS AGREEMENT, entered into this 24 day of March 1997, by and
between CITY OF NEWPORT BEACH, a municipal corporation and charter
City, (hereinafter referred to as "CITY"); and CALIFORNIA LANDSCAPE
MAINTENANCE INCORPORATED, a private corporation whose address is
5241 East Santa Ana Canyon Road, Anaheim Hills, California, (hereinafter
referred to as "CALIFORNIA LANDSCAPE MAINTENANCE ") is made with
reference to the following:
RECITALS
CITY owns, free of all liens and encumbrances, a 1981 International Water
Truck (VIN 1HTAA17B5BHB15993) as more particularly described on •
Exhibit A incorporated into this Agreement by reference. CALIFORNIA
LANDSCAPE MAINTENANCE wishes to purchase the WATER TRUCK
from CITY and CITY wishes to sell the WATER TRUCK to CALIFORNIA
LANDSCAPE MAINTENANCE in an "as -is" condition under the terms and
conditions of this Agreement.
CALIFORNIA LANDSCAPE MAINTENANCE currently leases the truck
under a landscape maintenance contract with CITY to perform landscape
maintenance of City medians and roadsides. Accordingly, CALIFORNIA
LANDSCAPE MAINTENANCE is exercising their option in current contract
to purchase vehicle.
Independent appraisals confirm that the value of the truck is $8000.
•
CALIFORNIA LANDSCAPE MAINTENANCE has expressed interest in the
• purchase of the WATER TRUCK at a price consistent with fair market value.
Estimates indicate that the purchase price agreed upon by CITY is
comparable to an open market purchase price.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. PURCHASE PRICE
CALIFORNIA LANDSCAPE MAINTENANCE agrees to pay
CITY the sum of $5,000.00 as full and complete payment for the WATER
TRUCK Payment shall be made on or before APRIL 1, 1997. CITY agrees to
sell the WATER TRUCK to CALIFORNIA LANDSCAPE MAINTENANCE
with clear title, free of all liens and encumbrances within 5 days of payment of
the purchase price.
• 2. LICENSE
The WATER TRUCK is currently registered to CALIFORNIA
LANDSCAPE MAINTENANCE in the State of California as lessee of a
commercial vehicle. CITY shall provide CALIFORNIA LANDSCAPE
MAINTENANCE with all necessary documents to finalize the registration of
the WATER TRUCK in the name of the CALIFORNIA LANDSCAPE
MAINTENANCE.
3. WARRANTIES
CITY makes no warranty, guarantee or representation, written
or oral, expressly implied regarding the WATER TRUCK, except any
applicable warranty of the manufacturer. CALIFORNIA LANDSCAPE
MAINTENANCE agrees that any and all claims for breach of any
manufacturer's warranties shall be pursued directly against the manufacturer
• of the WATER TRUCK at CALIFORNIA LANDSCAPE MAINTENANCE
expense. CITY will provide CALIFORNIA LANDSCAPE MAINTENANCE
with all warranty materials applicable to the WATER TRUCK. CITY makes .
no warranty as to fitness for use as to any particular purpose and expressly
disclaims any warranty of merchantability.
4. DELIVERY AND RISK OF LOSS
CALIFORNIA LANDSCAPE MAINTENANCE currently has
possession of WATER TRUCK.
5. AUTHORITY TO SELL
CITY represents it has been duly authorized by action of City
Council on to sell the WATER TRUCK to CALIFORNIA
LANDSCAPE" MAINTENANCE.
6. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the
Parties and there are no warranties, representatives, or assurances arising by •
statutes or otherwise except such as clearly stated in this Agreement. This
Agreement shall be binding upon the Parties, their legal representatives,
successors and assigns.
•
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first -above written.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
A Municipal Corporation
Robin Clauson, Assistant City Attorney Kevin Murphy, City Manager
for the City of Newport Beach
CALIFORNIA LANDSCAPE MAINTENANCE INCORPORATED,
a Private Corporation
Chuck Johnson, Chief Executive Officer
0
0
0
AGREEMENT FOR SALE OF A WATER TRUCK
C' -oz /6 CD
THIS AGREEMENT, entered into this 24th day of March 1997, by and
between CITY OF NEWPORT BEACH, a municipal corporation and charter
City, (hereinafter referred to as "CITY"); and CALIFORNIA LANDSCAPE
MAINTENANCE INCORPORATED, a private corporation whose address is
5241 East Santa Ana Canyon Road, Anaheim Hills, California, (hereinafter
referred to as "CALIFORNIA LANDSCAPE MAINTENANCE ") is made with
reference to the following:
RECITALS
CITY owns, free of all liens and encumbrances, a 1981 International Water
Truck (VIN 1HTAA17B5BHB15993) as more particularly described on
Exhibit A incorporated into this Agreement by reference. CALIFORNIA
LANDSCAPE MAINTENANCE wishes to purchase the WATER TRUCK
from CITY and CITY wishes to sell the WATER TRUCK to CALIFORNIA
LANDSCAPE MAINTENANCE in an "as -is" condition under the terms and
conditions of this Agreement.
CALIFORNIA LANDSCAPE MAINTENANCE currently leases the truck
under a landscape maintenance contract with CITY to perform landscape
maintenance of City medians and roadsides. Accordingly, CALIFORNIA
LANDSCAPE MAINTENANCE is exercising their option in current contract
to purchase vehicle.
Independent appraisals confirm that the value of the truck is $8000.
0 0
CALIFORNIA LANDSCAPE MAINTENANCE has expressed interest in the
purchase of the WATER TRUCK at a price consistent with fair market value.
Estimates indicate that the purchase price agreed upon by CITY is
comparable to an open market purchase price.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. PURCHASE PRICE
CALIFORNIA LANDSCAPE MAINTENANCE agrees to pay
CITY the sum of $8,000.00 as full and complete payment for the WATER
TRUCK Payment shall be made on or before APRIL 1, 1997. CITY agrees to
sell the WATER TRUCK to CALIFORNIA LANDSCAPE MAINTENANCE
with clear title, free of all liens and encumbrances within 5 days of payment of
the purchase price.
2. LICENSE
The WATER TRUCK is currently registered to CALIFORNIA
LANDSCAPE MAINTENANCE in the State of California as lessee of a
commercial vehicle. CITY shall provide CALIFORNIA LANDSCAPE
MAINTENANCE with all necessary documents to finalize the registration of
the WATER TRUCK in the name of the CALIFORNIA LANDSCAPE
MAINTENANCE.
3. WARRANTIES
CITY makes no warranty, guarantee or representation, written
or oral, expressly implied regarding the WATER TRUCK, except any
applicable warranty of the manufacturer. CALIFORNIA LANDSCAPE
MAINTENANCE agrees that any and all claims for breach of any
manufacture's warranties shall be pursued directly against the manufacturer
of the WATER TRUCK at CALIFORNIA LANDSCAPE MAINTENANCE
0 9
expense. CITY will provide CALIFORNIA LANDSCAPE MAINTENANCE
with all warranty materials applicable to the WATER TRUCK. CITY makes
no warranty as to fitness for use as to any particular purpose and expressly
disclaims any warranty of merchantability.
4. DELIVERY AND RISK OF LOSS
CALIFORNIA LANDSCAPE MAINTENANCE currently has
possession of WATER TRUCK.
5. AUTHORITY TO SELL
CITY represents it has been duly authorized by action of City
Council on March 24, 1997 to sell the WATER TRUCK to CALIFORNIA
LANDSCAPE MAINTENANCE.
6. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the
Parties and there are no warranties, representatives, or assurances arising by
statutes or otherwise except such as clearly stated in this Agreement. This
Agreement shall be binding upon the Parties, their legal representatives,
successors and assigns.
0
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first -above written.
APPROVED AS TO FORM:
Robin Clauson, Assistant City Attorney
for the City of Newport Beach
Chuck
CALIFORNIA
a Private Corporation
Executive Officer
CITY OF NEWPORT BEACH,
A Municipal Corporation
Kevin Murph , City Manager
MAINTENANCE INCORPORATED,
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this &k day of 19 &, by and
between the City of Newport Beach, a Municipal Corporation add Charter City ( "City "),
and California Landscape Maintenance, Inc. ( "Contractor "), is made with reference to
the following:
RECITALS
A. Prior to February 1995, City maintained certain medians and roadsides
areas using its own employees and equipment;
B. Subsequently, City determined it to be in the City's best economic interests
that these landscaping and maintenance functions be performed by a private Contractor.
C. On February 13, 1995, City entered into a contract with a private
Contractor to perform these landscape and maintenance functions.
D. By mutual agreement of the parties, the February 13, 1995 agreement was
terminated. City has requested proposals from six pre - qualified landscape maintenance
companies. Contractor was the lowest responsible bid.
E. Contractor acknowledges that City has relied upon Contractor's
representations and Contractor commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement;
F. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type, nature and frequency of
work to be performed, is familiar with all conditions relevant to the performance of
services, and has committed to perform all required work for the price specified in this
Agreement.
NOW, THEREFORE, the parties agree as follows:
1Y°
The Term of this Agreement shall be for a period of one year. The term shall
commence within ten (10) working days of City Council approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to continence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of the
initial term or any automatic extension, of its intent to terminate this Agreement at the
conclusion of the initial term or any extension.
-1-
2. CONTRACTOR DUTIES
Contractor shall perform the landscape and hardscape maintenance services
specifically described in, and in strict compliance with the requirements of, Exhibit A
(Contract Services). The Contract Services shall be performed at least as frequently as
specified in Exhibit B. City shall have the right to alter frequency of maintenance as
necessary to ensure highest industry standards of maintenance. The Contract Services
shall be performed at the median locations described in Exhibit D, and at the roadside
locations subscribed in Exhibit E as appropriate. Contractor services relative to the
installation of material, the application of substances, or the planning of landscaping shall
be in strict conformance with Exhibit C. All of the Exhibits are considered to be a part
of, and are incorporated into, this Agreement.
WORKMANSHIP, SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally documented.
B. All Contract Services shall be performed by competent and experienced
workers. Irrigation maintenance and repairs shall be performed by a certified California
Landscape Contractors Association Landscape Technician I (irrigation). All pesticide
operations, where required, shall be performed by a California State Licensed Pest
Control Operator through written recommendation by a California State Licensed Pest
Control Advisor. Contractor shall be responsible for compliance with all local, state and
federal laws and regulations regarding pesticide usage. Contractor shall employ or retain,
at its sole cost and expense; all professional and technical personnel (in addition to
irrigation and pesticide specialists) necessary to properly to perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications. All
supervisory personnel must be able to communicate effectively in English (orally and in
writing). Any order given to supervisory personnel shall be deemed delivered to the
Contractor. The supervisor assigned must be identified by name to ensure coordination
and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Parks and Tree Maintenance
Superintendent when performing Contract Services. All Contractor personnel shall wear
identification badges or patches.
E. All work shall be performed in accordance with the highest landscape and
hardscape maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be
maintained in a neat, clean, and orderly manner and shall be in good working order. All
vehicles shall bear the identification of the Contractor.
-2-
G. Contractor shall provide an Operations Manager to coordinate work with
the City Administrator and ensure satisfactory performance of Contract Services. An
Area Supervisor shall coordinate work crews on a daily basis to ensure compliance with
the terms of this Agreement.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the suin of $195,820.48 per year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30)
days after receipt by the City. Payment shall be deemed made when deposited in the
United States mail, first class postage pre -paid, and addressed to Contractor as specified
in Section entitled "Notices."
INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit C in
performing Contract Services. Any deviation from the materials described in Exhibit C
shall not be installed unless approved in advance by the City Administrator.
B. Subject to the provisions of Section 7, City shall reimburse Contractor for
the actual cost, plus 15 %, of all material installed by Contractor in the performance of
Contract Services. Actual . cost shall be the best price available to Contractor including all
applicable discounts. Contractor shall provide City with a schedule of typical costs of
irrigation parts, plant material and other commonly used items within thirty (30) days
from the date of this Agreement. Contractor shall retain records reflecting the actual cost
of parts or material used and the performance of services required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so seven (7)
days prior to Contractor's obligation to use City provided parts and /or materials.
Contractor shall secure, store, inventory, distribute and control all materials or pans
provided to Contractor by City. Contractor shall make all materials and inventory
available to the City upon request.
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REPAIRIREPLACEMENT
A. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives or
officers.
C. Contractor shall repair damaged irrigation pipes, controllers and valves
only after the City Administrator has approved a written estimate of the cost of repair.
D. Contractor shall, at its sole cost and expense, replace all plant material
(including shrubs, ground cover, mulch and bark) which requires replacement due to the
failure of Contractor to properly perform the services required by this Agreement or has
been damaged by the acts of Contractor or its employees. Contractor shall replace plant
materials damaged or destroyed by the acts of others only after the City Administrator
approves a written estimate of the costs of replacement including material and labor
costs.
EXAMINATION OF WORK SITES
A. City makes no representation regarding the order or condition of any area
or location for which Contractor is to provide services. City has also made no
representations that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of, this Agreement.
9. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
contract services. Contractor agrees to indemnify, defend, save and hold harmless City,
its elected and appointed boards and commissions, officers, agents, and employees from
and against any loss, damages, liability, claims, costs, expenses or damages, including,
but not limited to, bodily injury, death, personal injury, property damages, attorneys fees
and court costs arising from, or in any way related to, the performance of contract
services required by this Agreement, provided, however, Contractors obligation in this
regard shall not apply in the event of the sole negligence, fraud or willful misconduct by
City, its officials, agents, employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council, boards
and commissions, officers and employees from and against any and all loss, damages,
liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees,
which may accrue to any and all persons, or business entities furnishing or supplying
work, services, materials, equipment or supplies to Contractor in the performance of
services under this Agreement.
-4-
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a
dangerous condition of City's property created by Contractor or existing while the
property was under the control of Contractor, Contractor shall not be relieved of its
obligation to defend, indemnify and hold City and its officers, employees and
representatives harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third party against the
City.
10. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify and hold City
harmless, Contractor shall obtain and maintain at its own expense during the term of this
Agreement, policy or policies of liability insurance of the type and amounts described
below and satisfactory to the City. Insurance policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed with the City
prior to performing any contract services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do business in the State
of California, with original endorsements. At the option of City, Contractor shall provide
copies of all policies, providing coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
1. Workers' Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor Code and .$1,000,000
(one million) per accident Employers' Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of
$1,000,000 (one million) combined single limit per occurrence for bodily injury, personal
injury and property damage. It the policy contains a general aggregate limit, then the
aggregate limit shall not be less than $2,000,000 (two million);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of
$2,000,000 (two million) combined single limit per accident for bodily injury and
property damage;
D. Endorsements to the policies providing the abPve insurance shall be
obtained by Contractor, adding the following three provisions:
-5-
Additional Insured:
"The City of Newport Beach and its elected and appointed boards, officers,
agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled nor the coverage
reduced, until thirty (30) days after written notice is given to City."
Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall be
excess and not contributing with the insurance provided by this policy:"
E. Contractor shall give to City prompt and timely notice of any claim made
or suit instituted arising out of Contractor's performance of this Agreement. Contractor
shall also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper protection and
performance of contract services.
F. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance, that
Contractor shall look solely to its insurance for recovery. Contractor hereby grants to
City, on behalf of any insurer providing comprehensive general and -automotive liability
insurance to either Contractor or City with respect to the services of Contractor, a waiver
of any right of subrogation which any such insurer of Contractor may acquire against
City by virtue of the payment of any loss under insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
Contractor may not assign any right or obligation of this Agreement or any interest
in this Agreement without the prior written consent of City. Any attempted or purported
assignment without consent of City shall be null and void. Contractor acknowledges that
these provisions relative to assignment are commercially reasonable and that Contractor
does possess special skills, ability and personnel uniquely suited to the performance of
contract services and any assignment of this Agreement to a third party, in whole or in
part, could jeopardize the satisfactory performance of contract services. Contractor may
not employ any subcontractors unless specifically authorized by City.
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
venture which shall result in changing the control of Contractor, shall be construed as an
assignment of this Agreement.
IM.
12. RECORDS/REPORTS
A. All Contractor's books, and other business records, or such part as may be
used in the performance of this Agreement shall be subject to inspection and audit by any
authorized City representative during regular business hours.
B. No report, information or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require, provide
reports concerning the status or cost of services required by this Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator within ten (10)
days after the end of each month. Irrigation programming. schedules will be submitted
monthly. A phone log will be submitted monthly of all calls from the City of Newport
Beach General Services Department and the City of Newport Beach Police Department to
the Contractor, whether or not those calls require a request for service, and a description
of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement . Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data, documents, proceedings
and activities related to this Agreement for a period of three (3) years from the date of
final payment under this Agreement. Periodic reports will be submitted in accordance
with Exhibit I.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
Administrator or his/her authorized representative shall represent the City in all matters
pertaining to the services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor, maps, ordinances, data and other existing
information as may be requested by Contractor necessary for Contractor to complete the
work contemplated by this Agreement. City also agrees to provide all such material in a
timely manner.
-7-
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance or hardscape
maintenance services as requested by the Administrator. The Administrator may give
verbal authorization for additional services up to $500. Administrator shall provide
Contractor with written authorization prior to the performance of any additional services
that exceed $500. Contractor shall be compensated for additional services in accordance
with the unit prices specified in Exhibit F.
B. City reserves the right to withdraw certain median or roadside locations
from the scope of work to be performed by Contractor pursuant to this Agreement. City
shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the
effective date of withdrawal of any. location. In the event a location is withdrawn from
the scope of services, compensation to Contractor shall be reduced in accordance with the
bid unit cost specified in Exhibits G and H. In the event the location is withdrawn for a
period of less than a full I (one) year term, Contractor's compensation shall be reduced
on a pro rata basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its duration,
or the value of the work done, or of any work omitted, or of any extra work which
Contractor may be required to do, or respecting any payment to Contractor during the
performance of the Agreement, such dispute shall be decided by the City Manager and
his decision shall be final and binding upon Contractor and his sureties.
16. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses unless
authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS.
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to $20,000
as security for the Faithful Performance of this Agreement.
18. LABOR
A. Contractor shall pay no less than the prevailing wage rates as required by
Section 1771 and 1774 of the California Labor Code. Contractor shall conform with all
applicable provisions set forth in the Labor Code, and the Federal Fair Labor Standards
Act.
B. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated
prevailing rates for any work done under this Contract, by him or by any Subcontractor
under him, in violation of the provisions of this Agreement.
C. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give notice to City, including all relevant information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against
any subcontractor, consultant, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin or other basis that is violative -of the federal
or state constitution or federal or state law. Contractor's obligation not to discriminate
shall apply, but not be limited to, the following: employment, upgrading, demotion,
transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other
forms of compensation and selection for training, including apprenticeship.:
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable financially affect such interest.
The Contractor will provide a completed disclosure form noting the above . Contractor
will comply with the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Contractor shall indemnify and hold harmless the City for
any claims for damages resulting from the Contractors violation of this Section.
22. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must
be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
'�Z
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
23. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such default is not
cured within a period of two (2) working days, or if more than two (2) working days are
reasonably required to cure the default and Contractor fails to give adequate assurance of
due performance within two (2) working days after Contractor receives written notice of
default from City, City may terminate the Agreement forthwith by giving written notice.
City may, in addition to the other remedies provided in this Agreement or authorized by
law, terminate this Agreement by giving written notice of termination.
B. This Agreement may be terminated for cause by City or Contractor, upon
thirty (30) days written notice. Upon termination, City shall pay to Contractor that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of Contractor's
compensation for contract services if, in the judgment of the City Administrator, the level
of maintenance falls below appropriate landscape or handscape maintenance standards
and /or Contractor fails to satisfactorily perform Contract Services. City shall have the
right to return funds withheld until the City Administrator determines that contract
services are performed as well and as frequently as required by this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the parties
agree that the court with jurisdiction over the action may determine and fix reasonable
attorneys' fees and expenses to be paid to the prevailing party.
-10-
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal, or
local laws, rules, ordinances, statutes or regulations applicable to the performance of
contract services.
26. WAIVER
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
27. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and
Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
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CITY OF NEWPORT BEACH
A Municipal
By:
CONTRACTOR
I
List of Exhibits
Exhibit A
Scope of Work
Exhibit B
Maintenance Frequency Summary
Exhibit C
Standard Materials
Exhibit D
Median Locations
Exhibit E
Roadside Locations
Exhibit F
Unit Prices
Exhibit G
Bid Unit Costs (Roadside areas)
Exhibit H
Bid Unit Costs (Median areas)
Exhibit I
Required Reports
-12-
0
EXHIBIT A
0
SPECIFICATIONS FOR CONTRACT OF LANDSCAPE MAINTENANCE OF
CITY MEDIANS AND ROADSIDE AREAS
SCOPE OF WORK
The contractor shall provide the following services and meet the following
specifications:
1. SCOPE OF WORK
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 with
chemicals.
2. Fertilizing.
3. Shrub and groundcover trimming, pruning, training.
4. Minor tree pruning and staking.
5. Irrigation monitoring, maintenance, and repair.
6. General pest control.
7. Mowing, verticutting, and aerifying.
8. General litter control, refuse removal, and grounds policing.
9. Plant replacement.
10. Hardscape,cleaning.
11. Access roadway clearance and visibility maintenance.
12. General drainage stricture and system maintenance.
L
r�
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
6. Vandalism
7. Signage
8. Damage resulting from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent
required in the Technical Specifications of the Bid Schedules.
10. Trees over 8 feet in height (except minor pruning and staking)
11. Hardscape, (curbs, gutters, sidewalks, etc.)
2. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of
7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday
work is to be scheduled without permission from the City, unless it is an
emergency situation. No motorized equipment shall be operated before 8:00
AM nor after 5:00 PM
3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest landscape
maintenance standard, as stated in the enclosed maintenance
specification description. Standards and frequencies may be modified
from time to time as deemed necessary by the City for the proper
maintenance of the sites.
B. If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of
other remedies provided herein, withhold appropriate payment from
as the work is performed to City standard
C. The Contractor is required to correct deficiencies within the time
specified by the City. If noted deficient work has not been completed,
payment for subject deficiency shall be withheld for current billing
period and shall continue to be withheld until deficiency is corrected,
without right to retroactive payments.
4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach
General Services Department. There shall be a weekly meeting with the
Contractor and the City representative to determine progress and to
establish areas needing attention. A monthly maintenance schedule
will be submitted in writing to the City at the beginning of said month.
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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to Marcelino Lomeli, Park and Tree
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Blvd., Newport Beach, CA 92663 -3884.
7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City
before the work is commenced. The Contractor will be'required to provide
before and after photographs of safety items or emergency repairs which
were made without prior City approval (excluding minor irrigation repairs).
Documentation of contract compliance may be required on some occasions.
I�
8. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in
conformity with the "The California Manual on Uniform Traffic
Devices" for use in performance of work upon highways issued by the
State of California, Department of Transportation and as directed by
City staff.
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.
9. DISPOSAL
At least 25% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall
dispose of all cuttings, weeds, leaves, trash, and other debris from the
operation as work progresses. The City shall not be responsible for the
disposal. Contractor shall pay all disposal fees and provide documentation
evidence of recycling to include location, tonnage, etc. on a monthly basis to
the City.
10. RECORDS
A. The contractor shall ,keep accurate records concerning all of his/her
employees or agents and provide the City with names and telephone
numbers of emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report monthly to the Park
and Tree Maintenance Superintendent. This report should also contain
a description, including man - hours, equipment, and materials
breakdowns and costs used to accomplish any additional work which
the contractor deems to be beyond the scope of the contract. Under
ordinary conditions, payment for this work will not be authorized
unless the additional work, and costs thereof, are first approved in
writing by the City. Irrigation programming schedules will be
submitted monthly. A phone log will be submitted monthly of all calls
from the City of Newport Beach General Services, Department and the
City of Newport Beach Police Department to the Contractor, whether or
not those calls require a request for service, and a description of the
action taken from the City call.
C. 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 Park and Tree Maintenance Superintendent. This
maintenance calendar shall clearly indicate the all of the major
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 Park and Tree Maintenance Superintendent
for approval prior to the date the changes are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services only at any reasonable time.
11. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of
at least two qualified persons who can be called by City representatives
when emergency maintenance conditions occur during hours when the
Contractor's normal work force is not present in the City of Newport Beach.
These Contractor representatives shall respond to said emergency within
thirty (30) minutes from receiving notification.
12. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be
given to the City forty -eight (48) hours PRIOR to each of these operations by
the Contractor. "Specialty type" maintenance operations are defined as:
fertilization. preemergence weed control, turf aerification, turf dethatching,
seeding preventive and curative application of turf fungicide, all pesticide
applications and plant replacements.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and
submit a copy thereof. The Contractor must also maintain a California State
Licensed Pest Control Operator and a California State Licensed Pest Control
Advisor or have one on staff. The name and permit number will be supplied
to the City at the beginning of contract, and any changes forwarded within
twenty -four (24) hours of said change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response
time of the job site and provide the office with phone service during normal
working hours. During all other times, a telephone answering service shall
be utilized and the answering service shall be capable of contacting the
0
Contractor by radio or pager. Contractor shall have a maximum response
time of thirty (30) minutes to all emergencies. There will be no on -site
storage of equipment or materials. Contractor will have full responsibility
for maintaining an office and yard.
15. 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 facility and 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 perfor-
mance 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 one week prior to the
effective date of the. contract. Thereafter, it shall be submitted
weekly on Thursday mornings.
4. Changes to the schedule shall be received by the Parks and Tree
Maintenance Superintendent at least twenty -four (24) hours prior
to the scheduled time for the work.
5. Failure to notify of a change and /or failure to perform an item of
work on a scheduled day may result in deduction of rya ment for
that date or week.
6. The Contractor shall adjust his /her schedule to compensate for all
holidays. Maintenance and litter removal shall be scheduled for all
holidays, unless otherwise indicated by the City.
C. PERFORMANCE ON SCHEDULE
1. 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.
16. 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.
1. 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.
2. The Contractor shall immediately notify the Parks and Tree
Maintenance Superintendent when the work force has been
removed from the jobsite due to inclement weather or other
reasons.
3. The Contractor shall restake and re -tie trees or other such activities
as required as a result of inclement weather. The Contractor will
stay available to assist in any storm related damage repair.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to
insure the safety of his /her work crew and to protect in place existing utility
equipment before commencing any excavation. Contractor shall contact the
Park and Tree Maintenance Superintendent and Underground Service Alert
(1- 800 - 422 -4133) 48 hours before commencing any excavation, to locate
underground service lines.
18. PESTICIDES
The City must maintain all documents that pertain to the use of pesticides on
its property. Contractor must provide the Park and Tree Maintenance
Superintendent with all of the following:
1. A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit /Operator I.D. # ".
2. A written "Pest Control Recommendation" for each site before
Contractor uses any pesticide.
3. A "Pesticide Use Daily Record" for any site that a pesticide was
used, within twenty -four (24) hours of application.
4. If a restricted pesticide is going to be used, a copy of the 'Notice of
Intent To Use Restricted Materials ", twenty -four (24) hours before
application.
5. A list and EPA numbers of all the pesticides Contractor intends to
use for this contract, before any such use.
6. The contractor shall not use any pesticide that has not been
authorized by the Park and Tree Maintenance Superintendent.
Exhibit B •
IRUNTENANCE FREQUENCY SUMMARY
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Once/Week
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mow -ing
Fertilize
3 /year
Vertical Mow
1/year
Aerate
2 /year
Pest Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Pest Control
Twice a year
As needed
Visual Inspection
Weekly
Shrub, Vine, & Tree Maintenance
Trim
4/year
Fertilize
Restake /Check
Twice a year
Each site visit/every two weeks min.
Visual Inspection
Weekly
Hardsca e Maintenance
Each site visit/weekly min.
Grounds Policing/Litter Removal
Each site visit/ 4/ weekly
• Exhibit C
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach
before installation. Any item not mentioned in the Standard Materials list must be
approved by Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Electric Valve
6. Rainmaster RME 12 or Larger Controller
7. LA MAX Enclosure -LA MAX MARK -2SST
8, Mateo 754 Series Full Port Ball Valve
9. Class 200 PVC Lateral Pipe
10. Class 315 PVC Main Supply Pipe 1 1/2" and larger
11. Schedule 40 PVC Main Supply Pipe 11/4" and Smaller
12. Rectangular Valve Box - Plastic -18 "L x 12 "W x 12" Deep
13. Round Valve Box - Plastic - 10"
14. Rainbird #44 Quick Coupling Valve with Vinyl Cover
15. Control Wire: AWG, U.F. 600 -V Direct Burial Copper with PVC Insulation
TURF FERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous except where approved by the
City,
2. All organic fertilizers must have lowest salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, and etc, must be approved by
City.
PLANT STOCK •
All selection and condition of the plant material of plant stock, trees, shrubs,
annuals and perennials, flowers, and ground covers must be approved by the Park
and Tree Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to City with application location
and written recommendation from the Contractor's Pest Control Advisor prior to use.
All materials must be properly labeled and certified for intended use. Proper and legal
disposal of any and all pesticides used is solely the responsibility of the Contractor.
All state, county, and city laws regarding pesticide use and disposal must be followed.
0 1Exhibit D •
MEDIAN LOCATIONS
Area
Area
Description
Irrigation
Acres
P
T
H
U
0
G St. X Balboa Blvd,
P,H
M
0.032
0.022
0.05
Balboa Blvd. - Medina Way to 21st St.
P
M
0.034
0.03
Balboa Blvd. - Medina Way to 21st St.
P
NI PVT
0.223
0.22
McFadden Interchange Medians
P,T,H
M
0.032
0.241
0.02
0.29
Villa Way X 29th St.
P,H
M
O.02
0,014
0.03
M St. Median
P,T,H
Al
0.003
0.051
0.039
0.09
Via Lido - Newport Blvd. to Via Operto
P,H
Al
0.025
0.03
0.06
Newport Blvd. X Via Lido
P,H
Al
0.019
0.141
0.1
Clubhouse X Finley
P,H
M
0.02
0.018
0.03
Balboa Blvd. - PCH to 32nd St.
P,H
Al
0.06
0.317
0.38
Superior Ave. North of PCH
P,H
M
0.02C
0.389
0.40
Newport Blvd. - PCH to Industrial Way
P,H
INO,WT
0.461
0.552
1.01
PCH - Santa Ana. River to Newport Blvd.
P,H
Al
0.607
1.27
1.87
PCH - E. of Riverside Avenue
P,H
M
0.01e
0,077
0.09
St. James Road X Kings Place
P,T
M
0.00E
0.028
0.03
Margaret Dr. between Tustin & Irvine
P
NI,WT
0.007
0.00
Westcliff Dr. - Irvine Ave to Dover
P,H
INO,WT
0.132
0.152
0.28
Triangular median - WestcliffX Dover
P,T,H
Al
0,005
0.10
0.0251
0.13
Dover Dr. - Westcbff to PCH
P,H
INO,WT
0.327
0.495
0.82
Irvine Ave. at Westcliff
P,H
M
0.031
0.003
0.03
Irvine Ave. 0 Westcliff- Westcliff to Dover
UD
NI,WT
0.
0.
Irvine Ave. - Dover to Holiday Road
P
NI,WT
0.524
0.52
Irvine Ave. - Santiago to University
P,T,H
AI
0.05
0.966
0.386
1.40
Jamboree Road - Bristol to PCH
P,T,H
Al
0.06
3.36
1,712
5.14
University Dr - Jamboree to MacArthur
T,H
AI
0.11
0.172
0.28
Vista Del Sol
P,T
AI
0.12
0.31
0.43
Ford Road - Jamboree to San Miguel
P,T,H
Al
0.012
0.679
0.53
1.22
San Miguel -Ford Road to Avocado
P,T,H
AI
0.08
1.64
0.85
2.57
San Joaquin . Spyglass to Backbay Rd.
P,T,H
AI
0.73
2.69
1,374
4.80
PCH - Larkspur to Newport Coast Dr.
P,H
Al
055
0.62
1.18
PCH - Iris to Goldenrod
P,H
M
0.04
0.11
0.15
MacArthur at PCH
N
0.037
0.03
r
Ah
PCH -Dover to Gold d
P,H
AI
1.476
H
1.43
UD
2.91
El Paseo Dr
T
M
0.101
0.10
Avocado - Waterfront to PCH
P,T
WT,M
0.286
0.23
0.51
Park Avenue
P,H
AI
0,587
0.10
0.691
Total Acreage
6,634
10.53
10.91
0.9
28.58
46,
Legend
AD - AREA DESCRIPT
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
0
Overall Area Measurement
IRR - IRRIGATION
M
Manual
WT
Water Truck
NI
No Irrigation
INO
Irrigation Not Operable
Al
Automated Irrigation
Exhibit E 9
ROADSIDE LOCATIONS
Area
Area
Desc.
F
Acres
P
T
H
U/D
O
Cannery Village Parking Lot
P,H
Al
0.07
0.31
0.38
28th & 30th St. Parking Lots
P,H
M
0.11
0.71
0.8
McFadden Parking Lot'
P,H
M
0.11
0.11
0.65
0.982 1
19th St. Street end - bayside
P,H
WT
0.01
0.01
0.02
Marina Park Parking Lot
P,H
M
0.03
0.23
0.27
13th St. Street end - bayside
P
BCH
WT
0.05
0.05
12th St. Street end - bayside
P
BCH
WT
0.05
0.05
11st St. Street end - bayside
P
BCH
WT
0.059
0.05
"F" St. Street end - bayside
P
BCH
NI
0.04
0.04
Palm Street Parking Lot
P,H
AI
0.033
0.305
0.33
Miramar Dr. and Balboa Blvd.
P,T,H
Al
0.015
0.056
0,036
0.10
"I" St. Street end - bayside
P,H
NI
0.043
0.013
0.05
"L" St. Street end - oceanside
P,H
NI
0.048
0.015
0.06
"M" St. St. Street end - oceanside
P,H
NI
0.031
0.018
0.04
Via Oporto X Central Parking Lot
P,H
M
0.036
0.367
0.40
Short St. X Newport Blvd. Roadside
P,H
AI
0.146
0.118
0.26
OCTA Bus Stop - Balboa Blvd. X 46th
T,H
M
0.027
0.01
0.04
OCTA Bus Stop - Balboa Blvd. X River
P,H
M
0.033
0.024
0.05
Newport Island entrance planters
P,H
Al
0.014
0.009
0.02
37th - 41st St. Street ends off Seashore
P
Al
0.011
0.01
Prospect Street ends off Seashore
P
M
0.004
0.00
Orange Street ends off Seashore
P
M
0.002
0.00
Summit St. planter
P,H
M
0.011
0.02
1 0.03
Cappy's traillbench area
UD
NI
0.172
0.17
W. PCH Roadsides
P,H
AT
0.84
1.99
2.84
Superior X PCH Parking Lot
P,T,H
AI
0-486
0.20E
1.83
N.W. Quadrant - Newport Blvd. X PCH
UD,H
NI
0.071
1.103
1.17
S.W. Quadrant - Newport Blvd. X PCH
P
NI
0-379
0.37
S.W. Quadrant - Newport Blvd. X PCH
P,H
AI
0.65
0.268
1 0.91
S.E. Quadrant - Newport Blvd. X PCH
P,H
AI
0,575
0.238
0.81
Ank
Ah
Newport Blvd. Roads,
P,H
IN
O
10 .
0.07
10.52
Mariners Mile Parking Lot
P,H
AI
1 0.079
1.19
1.26
Rocky Point/Pelican Wall
P,H
Al
O.054
0.036
0.09
Dover X Westcliff
P,T,H
AI
0.066
0.636
0.118
0.82
PCH Bayshore Soundwall
P,H
Al
0.035
0.293
0.32
OCTA Bus Stop - Bayshore Dr. X PCH
P,H
Al
0.135
0.129
0.26
Dover Dr. Arterials - Westcliff to Mariners
P
AI
1.308
1.30
Dover Dr. Arterials -(N) Irvine Ave. to Mariners
P
Al
0.101
0.101
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
P
NI
0.418
0.41
Westcliff Dr. Arterial (Groves)
P,H
Al
0.612
0.062
0.67
Westcliff Dr. X Santiago
P,T,H
M
0.006
0.049
0.017
0.07
Groves Bike Trail
UD,P
H
NI
0.05
0.354
1.192
1.60
Irvine Ave. Arterial N of Private Road
P,T,H
Al
0.01E
0,223
0.045
0.28
Tustin Avenue Streetend
P,H
AI
0.03E
0.009
0.04
Anniversary Lane Roadside
P
WT
0.14
0.14
Jamboree Arterial - Bison to Eastbluff Dr. (S)
P,H
Al
0.189,
0.313
0.49
Jamboree Big Canyon Roadside
UD,H
NI
0.227
0.204
0.431
Port Dunbar Drive Roadside
T,H
Al
0.741
0.526
1.26
Spyglass Hill Road Roadsides
P,T,H
Al
4.60
0.499
1,188
3.29
San Joaquin Hills Road Roadsides
P,T,H
Al
2.24
1.32
1.02
4.59
PCH - Seaward to Cameo Highlands
P
NI
0.49
0.49
Larkspur Street End
P,H
NI
0.03
0.01
0.05
Jasmine Street End
P,T,H
NI
0.01
0.05
0.025
0.09
Fernleaf Ramp
P,H
NI
0.184
0.046
0.23
Bayside Drive - Jamboree to Marguerite
P,H
NI
1.316
0.051
1.36
PCH - Jamboree to Avocado
P,H
WT
1.364
1.28
2.64
PCH - Bayside Drive to Jamboree
P,H
-,U-
0-018
.0.679
0.597
Jamboree - PCH to Bayside
P,H
NI
0.202
0.121
0.32
Promentory Bay Plaza
P,H
AI
0.025
0.093
0.11
Promentory Point & Channel Walk
P,H
Al
0.26
0.211
0.471
Balboa Island Entrance
P,H
M
Al
0.028
0.029
0.05
Balboa Island - Grand Canal Bridge
P
Al
0.012
0.01
Total Acreage
25.681
3.9
14.627
2.467
46.70
• •
Le end
AD - AREA DESCRIPTION
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
0
Overall Area Measurement
IRR - IRRIGATION
M
Manual
WT
Water Truck
NI
No Irrigation
INO
Irrigation Not Operable
Al
Automated Irrigation
EXHIBIT F
UNIT PRICES
A. The Contractor agrees that for requested and /or required changes in the scope
of work, including additions and deletions on work not performed, the
Contract Sum shall be adjusted in accordance with the following unit prices,
where the City elects to use this method in determining costs.
B. Contractor is advised that the unit prices will enter into the deterntination of
the contrpct award. Unreasonable prices may result in rejection of the entire
bid proppsal. Unit prices listed below refer to all items installed and the
Construction Documents and include all costs connected with such items;
includinsbut not limited to, materials, labor, overhead, and profit for the
contracto .
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the
total number units and /or amount of labor required for added or deleted
items of work.
D. All work Shall be performed in accordance with specifications described in the
RFP.
TURF
Turf Mow
Turf Mow anti Clippings Picked Up
Turf Edge
Turf String T #rn
Turf Chemicgl Bdge 6" Swath
Turf Chemical Edge 12" Swath
Turf Aerify
Turf Fertilize
Turf DethatclVRenovate
HARDSCAPt MAINTENANCE
Cleaning and"weed abatement
GROUNDCQVERS
Mow
Edge
Fertilize
$1.50
/1000 Sq, Ft.
/1000 Sq. Ft.
12.50°
/1000 Linear Ft.
t3. 2 5
/ 1000 Linear Ft.
$7.00
/1000 Linear Ft.
$14.00
/1000 Linear Ft.
$2.30
/1000Sq.Ft.
$2.10
/1000 Sq. Ft.
$150.00
/1000 Sq. Ft
$6-5D / 100d Sq. Ft.
$2.25 _ /1000 Sq. Ft.
$2.60 /1000 Linear Ft.
12.75 /1000 Sq. Ft.
PEST CONTROL
Turf disease / insect spray
$25.00
/1000 Sq. Ft.
Boom Application
$10.50
/1000 Sq. Ft.
Hand Application
L19.50
/1000 Sq. Ft.
Turf Broadleaf Spray
$150.00
/Tree
Boom Application
S10.00
/1000 Sq. Ft.
Hand Application
$19.00
/1000 Sq. Ft.
Groundcover disease /insect spray
$19.50
/1000 Sq. Ft.
Shrub dis .ease /insect spray
$21-00
/1000 Sq. Ft.
Soil Sterilant Applicant
1$ 7.00 /Hour
/1000 Sq. Ft.
Turf Pre- Emergent
$6.50
/1000 Sq. Ft.
Landscape Areas Weed Control
$18.25
/1000 Sq. Ft.
General Weed Control post Emergent 318.25
/1000 Sq. Ft.
SHRUB PRUNING
1-4 Feet, Lacing 34.25 /Shrub
1-4 Feet, Fledging /Shrub
4 plus Feat, Lacing $6.25 /Shrub
4 plus Feet, hedging $5.50 /Shrub
TREE PRUNING
up to 10 Fleet
$25.00
/Tree
10-20 Feet
35.00
/Tree
20-30 Feet
$75.00
/Tree
30-40 Feet
$150.00
/Tree
40 -plus Feet
$225.00
/Tree
PLANTING
1 Gal. Shrub /Tree
$5.00 /Each
5 Gal. Shrub
1$ 6.00 /Each
5 Gal. Trek
$30.00 /Each
15 Gal. Shrub
$ 5 o . o o /Each
15 Gal. Tree
$70.00 /Each
24" Box Tree
$175. 00 /Each
64 Count Flat Groundcover
$15.00 /Flat
Turf - Seed and top dress
$.38 / 1000 Sq. Ft.
Turf - Sod
$ • 65 /1000 Sq. Ft.
LABOR
Landscape Maim. Laborer
10.00 /Hour
Landscape Maint. Leadworker
$12 - 00 /Hour
Landscape Mal#it. Supervisor
1$ 7.00 /Hour
Irrigation Specialist
$19.50 /Hour
Pest Control Applicator
1.� 9_50 /Hour
Tree Trimmer
g i q . 90 /Hour
Equipment Oporator
t48 A 9 /Hour
EXHIBIT G
ROADSIDE AREAS BID UNIT COSTS
Area
unit Cost
— 801.69
Cannery Village Parking Lot
28th & 30th St. Parking Lots
1670.04
McFadden Parking Lot
1932.17
19th St. Street end.- bayside
61.071
Marina Hauer par. t
553.94
13th St. Street end � baysi a
176.10
12th St. Street and L bayside
176.10
l lot St. Street end bayside
176.10
"B" St. Street en - Nride
122.37;
Palm Street Parkin Lot
664.47
Miramar Dn and Ljalboa Blvd.
297.75
"I" St. Street end - i�y-slde
152.47
"L" St. Street end - Oceanside
171.10
'U" St. St. Street eriAj - oceanside
125.93
Via Oporto x Centtal Parking Lot
788.48
Short St. x Newpo# Blvd. Roadside
654.74
OCrA Bus Stop - Balboa Blvd. X 46th
123.16
OCTA Bus Stop - Balboa Blvd. X River
143.03
Newport Island entrance planters
58.49
37th - 41st St. Street ends off Seashore
32.83
Prospect Street off Seashore
11.94
Orange Street ends!off Seashore
5.97
Summit St planter
71.80
Cappys trail /bend} area
224.77
W. PM Roadsides
6241.64
Superior X PCH Pa Idng Lot
4256.83
N.W. Quadrant - Newport Blvd. X PCH
1573.15
S.W. Quadrant - Newport Blvd. X PCH
1131.21 '
S.W. Quadrant - Ndwport Blvd. X PCH
2437.39
0
S.B. Quadrant - Newport Blvd. X PCH
2157.87
Newport Blvd. Roadsides
31322.52
Mariners Mlle Parking t
2444.02
Ro&y Paint /Pelican Wall
227.98
Dover x Westcliff
2530.34
PCH Bayshore Soundwol
648.17
O.C.T. Bus Stop - Bayshore Dr. X PCH
642.32
Dover Dr. Artertals - Westc ' to Mariners
3904.03
Westcliff Dr. Art . s - (N)Irvine Ave. to
Marinerr
_ 301.46
Westdiff Dr. Arts s - (S) Irvine Ave. to
Mariners
1247.62
Westdiff Dr. Arterial (Groves)
1941.71
Westdiff Dr. X Santiago
212.36
Groves Bike Trail -
2381.75
Irvine Ave. Arterial N of Private Road
878.59
Tustin Avenue Strget end
130.12
Anniversary lam oadside
444.72
Jamboree Arterial :Bison to Eastbluff Dr. (S)
1133.00
Jamboree Big Canyion Roadside
1056.09
Port Dunbar Drive Roadside
3439.53
8659.91
Spyglass Hui Road•.Raadsides
San Joaquin Hills Road Roadsides
12995.51
PCH - Seaward to
eo Highlands
1480.43
Larkspur Street Eti
13 134.56
Jasmine street End
4.32
634.55
P
Bayside Drive - Janibmee to Marguerite
4022.54
EH - Jamboree to Kl vocado
6446.41
PCH - Bayside Dri7e to Jamboree
1128.15
Jamboree - PCH to yside
827.45
Promontory Bay Pl4za
247.19
Promontory Point 4 Channel Walk
1167.57
Entrance to Balboa Island
137.39
Balboa Island - CraAd Canal Bridge
35.82
so
120082.72
03ai ;
MEDIAN AREAS BID UNIT COSTS
Area
Unit Lost
G St. X Balboa Blvd.
136.34
Balboa Blvd, - Medina Way to 21st St
101.48
Balboa Blvd. - Medina Way to 21st Stt,
665.60
McPadden Interchange Medians
933.83
Villa way XM s
85.67
M St. Median
250.87
Via Lido - Newpol Blvd. to via Operto
145.13
Newport Blvd. X VA Lido
318.36
Clubhouse X Finle f
93.10
Balboa Blvd. - PCJ i to 32nd St.
791.20
Superior Ave. Nora of PCH
781.54
Newport Blvd. - KH to Industrial Way
2400.28
PCH - Santa Ana River to Newport Blvd.
4168.41
PCH - B. of Riverside Avenue
190.64
St. James Road X IQnga Place
108.01
Margaret Dr. betwQen Tustin & Irvine
20.89
Westrliff Dr. - Irvhie
Ave to Dover
676.04
Triangular median, - Westclift X Dover
420.38
Dover Dr.. Westcliff to PM
1894.56
Irvine Avenue at Westcliff
98.09
Irvine Ave. Westcllff to Dover
653.40
Irvine Ave. - Dovei to Holiday Road
1564.00
Irvine Avenue - Santiago to University
4097.88
Jamboree Avenue 4 Bristol to PCH
14560.14
University Dr - Ja zee to MacArthur
691.52
Vista Del sol
1411.69
Ford Road - Iambs fee to San Miguel
3276.65
San Miguel - Ford Road to Avocado
7284.93
San Joaquin - Spyglass to Backbay Rd.
13709.62
PCH pur q Newport Coast Dr.
2830.11
335.77
PCR - Iris to Qldo"d
acArthur at
66.66
PC - Dover to idenmd
7073.90
El aseo Dr
335.77
Avocado - aterkont to N51
1618.27
Park Avenue
1945.03
TOW
75737.76
NOTE: Bid Priiceahall include all sales, use or other taxes applicable to the
above item.
If awarded the Contract, the undersigned
furnish the neceaea}y Faithful Performance
the award of said Contract.
hereby agrees to sign said Contract and
Warranty Bond within ten (10) days after
The undersigned hoe examined the location of the proposed work and is familiar with
the Specifications apd other Contract Documents and the local conditions at the place
where the work is to be done.
The undersigned has checked careNUy all the above figures and understands that the
City of Newport Beach will not be responsible for any errors or omissions on the part of
the undersigned in: making up this bid. Proposals are to remain valid for six (6)
QA .t� lbD
• Exhibit 1
Required Reports
1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (as sent to County Agriculture Commission)
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation check list (to include controller and site inspection for all
site and a list of any repairs required)
9. Monthly irrigation controller programming charts
10. Extra work approval list
11. Weekly maintenance inspection list for all sites
12. Manual irrigation schedule
13. Annual pesticide safety training records
14. Required tailgate safety meeting records
15. Monthly maintenance report
16. Monthly greenwaste recycling report
17. Water truck schedule
9E*# ZOOd RdLe;co 96 -LZ -co VVE1 66L 818 %96 -6
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IM CERTIF10A AN A NATIM OF NFORIATM ONLY
BOLTON/ACV INSURANCE BROK RS
COWS 1O NO MM UPON TIM CER ICA7'E NO1DIR TM CERTIFICATE
twm Nor ANat0. EX1131D OR ALTER THE ooveRACO AFFORDED BY TIC
1100 EL CENTRO STREET
PO BOX 620
COMPANIES AFFORDING COVERAGE
SOUTH PASADENA, CA 91030
L A TRANBCONTINENTALINSURANCE
now=
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Tm it TO camr ' THAT THE POLICES OF rmimm Lmm BELOW NAYE am memo TD THE SOURED - FE THE ROD
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Walser or Sub optim shall apply. City, its City Council, boards and
e mmi®oa6, oilicers, and emplDyees are additional insured per G- 17957 -B
TbIs laamrsoce to be primary
BHOUA ANY OF THE ABOVE 11ESCRBTBD POlUCIFS BE CANOELLED BEFORE THE
City of Newport Beach
EXPIRATION DATE THEREOF, THE 135MG OOAPANY WILL 8arOMMOKM
Alin: Marcelino G. LOmell
MAI DAYS WRrr EN NOTICE TO THE CERTFMATE HOWER NAAED TO THE
3300 Newport Blvd.
LEFT
P.O. Box 1768
Newport Beach, CA. 92659.1768
AVIIgIRODN AnEC %
Z00@j '00 AMM017I09 MT 66L M YM MRT Qa& B6 /YZ-/f —
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
Thla andasernem rtwWBea irtaurance provided under the foWft9:
COMMERCIAL GENERAL LIAHiLI'TY COVI!RAGE PART
WHO IS AN INSURED ('uewan Iq la ame, to Incarde as an haft any person Or orgOnhMan (called addltlont
Inured) whom you are required to add as an aditanal Insured at iris policy under:
1. A wriden Cana= or agreement or
2 An oral agreement Or CoaUW where a Certlticata Of ttaurattca dwatay that person or wganl mMn as an additm
Irms,ed has been Wmad; but
the mitten or oral cmnm ar agreanwq must le.,
(a) aunwWy In eltem or becoming eaecdve during the term Of U& POWs and
it) ezeeumd prior to the 'Lordly bray.' - Ropony dalttiW 'plMMei k*Wyi Or 'adVWd tng lnj"m
The 6lautancs provided to the addlCOrud insured Is b tad as tollohrs
t. That pomm or arganbadan Is ady an addtticral Ciwured with mspmto kbft wtft Out at
A. Promtom you awn, rent, We^ or aeupy or
b.. 'Your work' for mat addmanal Ittslaed by ar for you.
Z The tmlta of htawance applicable to the additional i mxo era dross speared In ft m&tat cot>a'aet or agroanenr
or in tree Codsrs"= for ntra poacy Wkhavw are sae. 7Laae ftft Of trowance are kckmtw tit and sat Ir
,addfdm to Via Ilrrft of drmsantce Mica. in tw Dedarsdom
The Inwrance p u toed to the additional Inwood does not air m'bodly�. Vmparq damage', 'pet:atml to wf
Or %dvwdft a<af aatvW wbkV 0w at an a chko �s, atlnsWa, or ta�taerutp of or khm to reorder any
1. 7110 preparing, map , or m prepare a approve maA �ttrhip color e. t NJ 'I , Aunf"a6 d� w
2. Supervisory, irpecfan, of engineering service:
Arty Covaraga Provided hereunder &W be ®os= aver any a w valid and Cobb mle i>or>o+ce a+r+W18 m. to
addlaOrW kwumed wheow prinwy, mmam, caa Van t or an any amor boo mdesa agave t opociflcatY requires tine
Min Irmurance be primary Cr you request that if apply an a pftn bads.
TM ENOORSWENT Is A PART OF yoU$t FaUCy AND TAM M:F= ON THE 6FECTM DATE OF YOUI
PauCY UNLESS ANOIUM S*EC7TVE DATE IS SHOWN BELOW.
POIJCY CHANGE NO. EFFECTIVE DATE OF TraS PWCY QVJ4 yE
3/27/96
tS71iTJTH46IGNFD DATE A RBPRfsENTNMW
3/28(96
POLi ,Cy C01036556218 CAi.SiORIUA I- HDSCAPE INC_
G17967.8
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FFAMU SR Robert L Bhepim (TreuDTnoe Services
23241 VenWm Soolavard SUits 226
Woodland Hills, CA 81384
(B16)22R-03Ro
cam eUp CODE:
a/28fa8
THIS CERTIFICATE 19 RFSIRB7 AS A MATTER OF INFORIIATIM
ONLY AND CONFERS NO RIGKM UPON -ME CERTFICATE
NOLDOL THIS CERTIFICATE DOES NOf ANIMND, P aWO OR
ALTER 711E COVERAGE AFFORDED BY THE POLICIES BELOW.
COAWANJES AFFORDING COVERAGE
00W t Gil comp harunrive A -VIE
NSUReO California Landscape Im Cammia
Landscape Maintenance (no
California Garden Centers, Inc.
OakndBe Landscape and lMgatlon Co.
Anaheim, Hills, CA 9=7
COMPANY
COW'N
di91Y
7HISIS70 CERTIPYTHATTNE POLICIES OPMURANCE LISTED BELOWHAVE GEM ==TO THE INSUROWM ®ABOVE FORTHE POLICY PERIOD
INDICATEO, NOTWRHSTANDINGANY RWUBUEAENT, 'TERM OR CONOTTION OFANYCONTRACTOR MIER DOCUMENT VATH RE8PECT TOVMNHITMS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HERON IS SUEIECTTOAIL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLMM. UMIT3 SHOWN MAY WIVE BEEN REDUCED BY PAID CLNMS.
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THE PROPRIGTON NCL
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OFFICERS ARE O(C
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FAp1 ACCJDENI'
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$ 1,000,000
OTHER
DESCRIPTION OF OPEIUITIONSrLOGAnOMSNEIgLLB .VSPEONL RPYS
CBy of Newport Beach
Attn: Marcel(no Q LOmell
3300 Newport Beach, P.O. BRoR 1738
Newport Beach, CA 920594788
SHOULD ANY OF THE ADOVS DESRRSEP PO17M 0E CANQMM BEFORE THE
R nRAnCN DARE THEREOF, THE MUING COMPANY WILL ENOPAVCR TO MM.
30 DAYS T RIYTEN N YM M THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT PAD.URB TO MAL SUCH NOOCE WIM.L IMPOSE NO OBLIGATION OR LIABILITY
OP ANY MUD UPON THE COMNAMY, rR AGENTS OR niPl✓>�rYMN66.
in= T3r6
70'd L£ :OT 96, 8L Jew
AAMWeA
0
Am~ surety Insunanos Company BOND NO. 1292095
Woodland Hills,Calllornla Premium $5,875.00
Premium based on final contract
price
PERFORMANCE BOND - PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS:
Thatwe, California-Landscape Maintenance, Inc.
as Pnndpal,
and AMWEST SURETY INSURANCE COMPANY, a Corporation organized and atdstlng under the 1 0l the State of
California, and authorized 10 transact a general surely business in the State of California, as Surety are held and
armiyboundumo: City of Newport Beach as Obligee,
intheaumol TwentY Thousand ----------------------------- - - - - -- DOLLARS
($ 70.1)00.00 ), lawful money of the United Santos of America, for the payment whereof, well and truly to be
made. we hereby bind oursohree, out heirs; executors, administrators, successors end assigns, Jolmly land severally,
firmly by these precants.
THE CONDITIONS OF THIS OBLIGATION 19 SUCH, that
WHEREAS, the above- bounden Principal entered Into a Contract dated the April 1 ,1996
with said Obliges to do and Worm the following work, to wh:
Landscape Maintenance
NOW, THEREFORE, if the above - bounden Principal shell well end truly pedorm or Cause to be peltoged, each and
all of the reaulremants and oollgatlons of said Contract set forth, then this bond shall be null and Void: olhenwias it shall
remain in force and effect,
SIGNED, SEALED AND DATED this 1st day of Ap.ri I -_, tg-Ab
^W.AWI#Jw .,wmn
0
ALL PURPOSE ACKNOWi EDGEMFN'1'
STATE OF CALIFORNIA )
) S.S.
COUNTY OF Los Angeles )
On April 1.1996 , before me,
Bronwvn Murdock. 'notary nublic , personally appeared
_X personally known to me;
or proved to me on the basis of satisfactory evidence to be
the person(ys) whose name(u) is /saitiD subscribed to the within
instrument and acknowledged to me that he /Jb;kW)tAv1 Ak executed the
same in his /kerylkwir authorized capacity(i:ss), and that by
his /kerVtkxAr signature(s) on the instrument the person s) or the
entity upon behalf of which the person(a) acted, executed the
instrument.
WITNESS m hand and official seal. 1111 WIN 969838 K I
y i COMM. N969838 ( SEAL) XUAW KWIC . CIaRCRM% US ANGEUS COUMY
My Comm. Lipka July 22, 1996
.....................•
re o
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data
below, doing so may prove invaluable to persons relying on the
document.
.Individual(s)
corporate Officer(s)
Titles
Partner(s)
_Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this
certificate to unauthorized document.
Title or type of document:
Number of pages:
Date of document
Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE
A,nwesip •
Amwest Surety Insurance Company BOND NO. 1292095
Woodland Hills, California Premium included in FP Bond
PUBLIC WORKS - LABOR & MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, California Landscape Maintenance, Inc.
as Principal,
and AMWEST SURETY-INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of
California, and authorized to transact a general surety business in the State of California, as Surety, are held and
firmly bound unto:
City of Newport Beach ,asObilgee,
In the sum of Iweenty Thousand ------------------------------------------- -- -- - - -- DOLLARS
lawful money of the United States of America, for the payment whereof, well and truly to be
made we hereby bind ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that
WHEREAS, the above bounden Principal has been awarded and has entered Into a contract dated Apri 1 1.1996
with the Obligee to do and perform the following, to wit:
Landscape Maintenance
NOW, THEREFORE, if the above - bounden Principal or his subcontractors fall to pay any of the persons named In
Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code
with respect to work or labor performed by any such claimant, 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 upon this bond, a reasonable attorneys fee,
to be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies or corporations entitled to file claims under
Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns In any
suit brought upon this bond.
SIGNED, SEALED AND DATED this 1st day of Apri 1 . 19 96 .
CaliforniA- ,Landscape Maintenance, Inc.
Principal
AM .STS ETY INSURANCE COMPANY
B
Richard Adair norney -tn- act
A LAAM MY, 1acma
ALL PU11POSF ACKNOWLIEDGEMEM17
STATE OF CALIFORNIA )
) S.S.
COUNTY OF Los Angeles )
CSI?
before me,
personally appeared
X_ personally Known to me;
or proved to me on the basis of satisfactory evidence to be
the persono:s) whose name(m) is /ato subscribed to the within
instrument and acknowledged to me that he /**o@WA*w p5( executed the
same in his /ker$XX*ar authorized capacity(iox), and that by
his /kmrytkx)ir signature(s) on the instrument the persons) or the
entity upon behalf :)f which the person(x) acted, executed the
instrument.
S BRONWin MURDOCK 2
WITNESS my hand and official seal. COM14.069838
(SEAL) '"' MW PIBUC. CIWFCRRIA
IN AM= COUNTY
A/� i M1 D>�nm. &pima J* 22. 1996
LI � � ....w«« «.gw....w...w..waq
C
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data
below, doing so may prove invaluable to persons relying on the
document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
_Attorney-in-Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this
certificate to unauthorized document.
Title or type of document:
Number of pages:
Date of document
Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE
"A" 10 -16 -96
Pow"' mm"' 0000536326
READ CAREFULLY
This domment is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company ") on the front
and brown saurity paper on the back. Only unaltered originals of the PDA are valid. This PDA may not be used in conjunction with any other PDA. No
representations or warranties regarding this PDA may be made by any person. This POA is govemed by the laws of the State of California and is only valid until
the expiration date.
constitute and appoint:
MARK E. SHRECKENGASr
JOSEPH E. COCHRAN
RICHARD ADAIR
BRONWYN MURDOCK
AS EMPLOYEES OF SURETY INSURANCE SERVICES CO.
its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company %surNtoTxwuw AMMaffixthesealofthecompany
thereto if a seal is required on bonds, undertakings, recognizuuces, reinsurance agreement for a miller o peA'o he or other written obligations in
the name thereof as follow:
Rid Bonds up to S••1,000,000.00
Contract (Performance & Payment), Court, Subdivision S••5,000,000.00
Lktme&Pesar Sonde to to1••1,000,000.00
MiueDautooa b
Bonds op S• •1,000,000.00
Smug Bashs AdndnbtraUm Gun teed Bonds up to S ••1,250,000.00
and to bind the company thereby. This appointment is made under and by autt[gjly�ltl0e By -L& mpeJr"� tch are now in full force and effect
L the undersigned secretary of Amwest Surety Insurance Company, a C co \\rp \o'mtion ��17FY that this Power of Attorney remains in full
force and effect and has not been revoked and furthermore, that Ne 'one fthe Board fo on this Power of Attorney, and that the relevant
provisions of the By -Laws of the Company, are now in full fora an
Bond No. 1292095 Signed & sewed th' 1S o Apri ���C7•
♦ • / O
It * fE Is • • fr ! ONS DIRECTORS Is ! • Is ft o • t Is
This POA b sigrued and sealed by facsimile under by auNo ' o owi Mons adopted by the Board of Direcrors of Amwest Surety Insurance
Company at a meeting duly held on December 1975`
RESOLVED, that the President or any 'ant, in nJwe witSatretary or any Assistant Secretary, may appoint oMmrys -in -fact or agents with
authority as defined or limited in the ins i i�bnrnt .m. case, for and on behalf of the Company, to execute and deliver and affu the seal
of One Company to bonds, undertaking, ces, rp obli�b�.°°.'YY9�'77�'ofall kinds; and said officers may remove arty such attorney -in -fact or agent and
revoke my PDA previously gran n.
RESOLVED FURTHER, that nd, gn' ce suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the President o any Vi r m and sealed (ifa seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed fry the President or any 'dent or Assistant Secretary, and countersigned and sewed (if a seal be required) by a duly
authorized attorney-in -tact or age o ((
(iii) when duly executed and seal (if a requirelD one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced
by the power of wtomry iss repay to such person or persons.
RESOLVED FORT HEP, that the in of any authorized officer and the seal of the Company may be affuted by facsimile to any PDA or certification
thenofauthorizing the execution and deli cry ofany bond, undertaking recogwzance, orothasuretyshipobligalions ofthe Company; and such signatureand seal
when so used shall have the same force and elect as though manually affimed.
rN WITNESS WHEREOF, Amwest Surety Insurance Company has mused these presents to be signed by its proper officers, and its corporate seal to be hereunto
affixed this gal day of September, 1995. /�
_�/Q�
John E. Savage, President Karen G. Cohen, Secretary
State of California
County of Los Angeles
On September 8, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or
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 all that
hetshe/Utey executed the same in his/ her /their authorized capacity(im), and that by his ahheir signature(s) in u en e u n qljhegntjVy alien
of which the person(s) acted, executed the instrument.
WITNESS h
a`� and and official sew. PECGYLIAFldi
t °t%1NSU 1"1
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4pP0.'.0�% Si (bbrPt61L— CaNatiNa
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?MAY J, �O ; p _ Signature e . Lofton, Notary Pu ' (Seal) My Carom. BrplttM Aug 6 1991
. _ 7975 :,b
M
ENDORSEMENT
Amwest Surety Insurance Company and Far West insurance Company,
formerly domiciled in the State of California, have received permission to change
the domicile of each respective corporation to the State of Nebraska. Said
redomestication to Nebraska is effective December 14, 1995.
12/14/95
Date
12/14/95
Date
VOroa„
q`c 14, 0*
40*OOA%
Oct u, 41
John E. Savage
President
Karen C. Cohen
Secretary
ALL- PURPOSE ACKNOWLEDGMENT
State of California •
` County of
On re me, '
(DATE) NOT Y)
' personally appeared (1 '
S R(S)
'I personally known to me - OR- prove eon 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 helshelthey executed •
' the same in his /her /their authorized `
• capacity(ies), and that by his /her /their •
DAWN si nature s
Come. # 1058391 g on the instrument the person(s),
NOTARY aca.b 04N" D or the entity upon behalf of which the •
' My — r.P..."°'' -- person(s) acted, executed the instrument. '
! WITNESS my hand and official !
� NOTARY'S S! NATURE �
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE F DOCUMENT
TITLE(S)
I❑ PARTNER(S) \ '
• ❑ ATTORNEY -IN -FACT 1 •
❑ TRUSTEE(S) NUMBER OF PAGES '
• ❑ GUARDIAN /CONSERVATOR •
' ❑ OTHER:
kTE OF DOCUMENT —
iSIGNER IS REPRESENTING: I
NA�\.gF PE SONS OR ENrrfY(IES) ((,�C�,,..,,
OTHER •
Lea
APA 1194
VALLEY - SIERRA. BOD -362 -3369
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: March 26, 1996
(714) 644 -3005
SUBJECT: Contract No. 2160
Description of Contract: Roadside Landscape Maintenance
Contract
Effective date of Contract: March 26, 1996
Authorized by Minute Action, approved on: March 25, 1996
Contract with: California Landscape Maintenance
5241 E. Santa Ana Canyon Rd., Suite 100
Anaheim, CA
Amount of Contract: (See Agreement)
LaVonne M. Harkless, CMC /AAE
City Clerk
lm
Attachment
3300 Newport Boulevard, Newport Beach
C�
L�
City Couna Agend
Item No. /� +°� 7g4?
March 25, 1996
TO: Mayor and City Council'
FROM: General Services Director
SUBJECT: Roadside Landscape Maintenance Contract
Recommendations
Approve a contract with California Landscape Maintenance to provide
landscape maintenance of City medians and roadside areas at a cost of
$195,820.48 per year. Approve a budget amendment in the amount of $14,801 to
fund the increased cost of the contract for the final three months of FY 1995 -96.
Background
On February 13, 1995, the Council approved a contract with Landscape West
Inc., of Anaheim, to perform landscape maintenance of medians, paseos,. and
roadside areas which were maintained by Parks Division employees until that
time. The annual cost of the Landscape West contract was $136,615, and the
contract allowed for annual extensions up to five years with a CPI increase. The
contractor commenced work on March 4, 1995.
Discussion
During February 1996, General Services Department staff met with
representatives of Landscape West, and mutually decided to not extend the
contract for a second year. Staff then requested proposals from six pre - qualified
landscape maintenance firms. The companies were required to give annual costs
which would be honored for a five -year period with no CPI increase. Proposals
were received on February 23. The companies returning proposals and the
annual contract amount were as follows:
California Landscape Maintenance
$195,820.48
Artistic Landscaping
$205,643.58
Accurate Landscape and Maintenance
$206,388.00
Midori Landscaping
$225,000.00
O'Connell Landscape Maintenance
$259,755.06
After analyzing the proposals, staff interviewed the staff of the three low bidders,
and inspected contract sites of each firm in Los Angeles and Orange Counties.
Staff also checked references from other municipalities forwarded by the
contractors as well as other references.
0 •
Recommendations
Following this analysis, staff recommends California Landscape Maintenance for •
the maintenance of the City medians and roadside areas. California Landscape
Maintenance has been in business for thirty years. The president of the firm and
the proposed project supervisor are Newport Beach residents, so they are
inherently fanliliar with the unique maintenance needs in this community.
In Orange County, California Landscape Maintenance currently holds contracts
with the Cities of Mission Viejo and Laguna Niguel . Representatives from each
city stated the firm does outstanding work and is very responsive to emergencies.
It was noted that the general appearance of the contractor's staff and vehicles is
excellent, and the firm is very sensitive to safety issues. In our staff observation
of the areas in other cities maintained by California Landscape Maintenance, the
high quality of their work was noted, not only in mowing and trimming, but in the
detail areas such as irrigation and litter removal.
A proposed contract is attached, with a scheduled commencement date of April 1,
1996. It should be noted that California Landscape Maintenance agreed to
honor their bid price for five years with no CPI increase clause. Landscape West
agreed to keep performing on a month -to -month basis until a new contractor was
on board, and has been doing so since their contract expired on March 4.
Due to the increase in contract costs of $59,205 per year, we are also seeking
approval of a budget amendment in the amount of $14,801, to fund the increase •
in contract costs for the final three months of this fiscal year.
Very respectfully,
David E. Niederhaus
DEN /mp
Attachments
•
CifS of Newport Beach • NO. BA- 038
BUDGET AMENDMENT
1995 -96 AMOUNT: S1a,8o1.00
AbLEFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
Funding for increased costs of roadside landscape maintenance.
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balanc
No effect on Budgetary Fund Balanc
DUPLICATE Copy
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
General Fun 010 3605 Fund Balance Control $14,801.00
• REVENUE APPROPRIATIONS (3601)
Fund/ Fund/Div Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Divisio Number 3170 General Services - Parks, etc.
Accoun Number 8080 Services - Professional & Technical NOC $14,801.00
Divisio Number
Accoun Number
Divisio Number
Accoun Number
Divisio Number
Accoun Number
Project Number
Automatic System Entry.
Signed: ZZ�- L-/I" 96
Financial `A royal: Fi nce Director Date
• Signed: � >tf t Jr
Admin a ve A rov : City Manager Date
Signed:
City Council Approval: City Clerk Date
• CITY OF NEWPORT BEACH
REQUESTS FOR FUNDS 0
Date March 14. 1996
TO: Administrative Services Director
FROM: General Services Director
SUBJEC1% REQUEST FOR FUNDS
Request for additional funds, $ 14 8 1.
Funds are not available in the current budget.
Additional appropriation to Account No. 8170 - 8080
is requested.
Additional funds are needed for: Funding for the unbudgeted and
increased costs of roadside landscape maintenance
Request for transfer of funds, $
Transfer from Account No. to No. .
Funds are available in the current budget.
Transfer of funds is needed for:
M�.z - �-
Administrative Services Director
0 •
. CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this _ day of , 19_, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ( "City "),
and California Landscape Maintenance, Inc. ( "Contractor "), is made with reference to
the following:
RECITALS
A. Prior to February 1995, City maintained certain medians and roadsides
areas using its own employees and equipment;
B. Subsequently, City determined it to be in the City's best economic interests
that these landscaping and maintenance functions be performed by a private Contractor.
C. On February 13, 1995, City entered into a contract with a private
Contractor to perform these landscape and maintenance functions.
D. By mutual agreement of the parties, the February 13, 1995 agreement was
terminated. City has requested proposals from six pre - qualified landscape maintenance
companies. Contractor was the lowest responsible bid.
E. Contractor acknowledges that City has relied upon Contractor's
• representations and Contractor commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement;
F. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type, nature and frequency of
work to be performed, is familiar with all conditions relevant to the performance of
services, and has committed to perform all required work for the price specified in this
Agreement.
NOW, THEREFORE, the parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one year. The term shall
commence within ten (10) working days of City Council approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of the
initial term or any automatic extension, of its intent to terminate this Agreement at the
conclusion of the initial term or any extension.
-1-
0
2. CONTRACTOR DUTIES •
Contractor shall perform the landscape and hardscape maintenance services
specifically described in, and in strict compliance with the requirements of, Exhibit A
(Contract Services). The Contract Services shall be performed at least as frequently as
specified in Exhibit B. City shall have the right to alter frequency of maintenance as
necessary to ensure highest industry standards of maintenance. The Contract Services
shall be performed at the median locations described in Exhibit D, and at the roadside
locations subscribed in Exhibit E as appropriate. Contractor services relative to the
installation of material, the application of substances, or the planning of landscaping shall
be in strict conformance with Exhibit C. All of the Exhibits are considered to be a part
of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally documented.
B. All Contract Services shall be performed by competent and experienced
workers. Irrigation maintenance and repairs shall be performed by a certified California
Landscape Contractors Association Landscape Technician I (irrigation). All pesticide
operations, where required, shall be performed by a California State Licensed Pest
Control Operator through written recommendation by a California State Licensed Pest
Control Advisor. Contractor shall be responsible for compliance with all local, state and
federal laws and regulations regarding pesticide usage. Contractor shall employ or retain,
at its sole cost and expense; all professional and technical personnel (in addition to
irrigation and pesticide specialists) necessary to properly to perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications. All
supervisory personnel must be able to communicate effectively in English (orally and in
writing).. Any order given to supervisory personnel shall be deemed delivered to the
Contractor. The supervisor assigned must be identified by name to ensure coordination
and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Parks and Tree Maintenance
Superintendent when performing Contract Services. All Contractor personnel shall wear
identification badges or patches.
E. All work shall be performed in accordance with the highest landscape and
hardscape maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be
maintained in a neat, clean, and orderly manner and shall be in good working order. All
vehicles shall bear the identification of the Contractor.
-2- 0
• G. Contractor shall provide an Operations Manager to coordinate work with
the City Administrator and ensure satisfactory performance of Contract Services., An
Area Supervisor shall coordinate work crews on a daily basis to ensure compliance with
the terms of this Agreement.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $195,820.48 per year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30)
days after receipt by the City. Payment shall be deemed made when deposited in the
United States mail, first class postage pre -paid, and addressed to Contractor as specified
in Section entitled "Notices."
INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. TYPE AND INSTALLATION OF MATERIAL
• A. Contractor shall use only the standard materials described in Exhibit C in
performing Contract Services. Any deviation from the materials described in Exhibit C
shall not be installed unless approved in advance by the City Administrator.
B. Subject to the provisions of Section 7, City shall reimburse Contractor for
the actual cost, plus 15%, of all material installed by Contractor in the performance of
Contract Services. Actual. cost shall be the best price available to Contractor including all
applicable discounts. Contractor shall provide City with a schedule of typical costs of
irrigation parts, plant material and other commonly used items within thirty (30) days
from the date of this Agreement. Contractor shall retain records reflecting the actual cost
of parts or material used and the performance of services required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so seven (7)
days prior to Contractor's obligation to use City provided parts and /or materials.
Contractor shall secure, store, inventory, distribute and control all materials or parts
provided to Contractor by City. Contractor shall make all materials and inventory
available to the City upon request.
. -3-
0
0
7. REPAIR/REPLACEMENT .
A. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives or
officers.
C. Contractor shall repair damaged irrigation pipes, controllers and valves
only after the City Administrator has approved a written estimate of the cost of repair.
D. Contractor shall, at its sole cost and expense, replace all plant material
(including shrubs, ground cover, mulch and bark) which requires replacement due to the
failure of Contractor to properly perform the services required by this Agreement or has
been damaged by the acts of Contractor or its employees. Contractor shall replace plant
materials damaged or destroyed by the acts of others only after the City Administrator
approves a written estimate of the costs of replacement including material and labor
costs.
8. EXAMINATION OF WORK SITES
A. City makes no representation regarding the order or condition of any area
or location for which Contractor is to provide services. City has also made no •
representations that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of, this Agreement.
9. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
contract services. Contractor agrees to indemnify, defend, save and hold harmless City,
its elected and appointed boards and commissions, officers, agents, and employees from
and against any loss, damages, liability, claims, costs, expenses or damages, including,
but not limited to, bodily injury, death, personal injury, property damages, attorneys fees
and court costs arising from, or in any way related to, the performance of contract
services required by this Agreement, provided, however, Contractors obligation in this
regard shall not apply in the event of the sole negligence, fraud or willful misconduct by
City, its officials, agents, employees or representatives.
B. Contractor shall indemnify and hold harmless City, its City Council, boards
and commissions, officers and employees from and against any and all loss, damages,
liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees,
which may accrue to any and all persons, or business entities furnishing or supplying
work, services, materials, equipment or supplies to Contractor in the performance of
services under this Agreement.
-4- 0
• C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a
dangerous condition of City's property created by Contractor or existing while the
property was under the control of Contractor, Contractor shall not be relieved of its
obligation to defend, indemnify and hold City and its officers, employees and
representatives harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third party against the
City.
10. INSURANCE
A. In addition to Contractors obligation to defend, indemnify and hold City
harmless, Contractor shall obtain and maintain at its own expense during the term of this
Agreement, policy or policies of liability insurance of the type and amounts described
below and satisfactory to the City. Insurance policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed with the City
prior to performing any contract services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do business in the State
of California, with original endorsements. At the option of City, Contractor shall provide
copies of all policies, providing coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
• better carriers:
1. Workers' Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor Code and .$1,000,000
(one million) per accident Employers' Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of
$1,000,000 (one million) combined single limit per occurrence for bodily injury, personal
injury and property damage. It the policy contains a general aggregate limit, then the
aggregate limit shall not be less than $2,000,000 (two million);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto' with a minimum amount of
$2,000,000 (two million) combined single limit per accident for bodily injury and
property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
• -5-
Additional Insured: •
"The City of Newport Beach and its elected and appointed boards, officers,
agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled nor the coverage
reduced, until thirty (30) days after written notice is given to City."
Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall be
excess and not contributing with the insurance provided by this policy."
E. Contractor shall give to City prompt and timely notice of any claim made
or suit instituted arising out of Contractor's performance of this Agreement. Contractor
shall also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper protection and
performance of contract services.
F. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance, that •
Contractor shall look solely to its insurance for recovery. Contractor hereby grants to
City, on behalf of any insurer providing comprehensive general and -automotive liability
insurance to either Contractor or City with respect to the services of Contractor, a waiver
of any right of subrogation which any such insurer of Contractor may acquire against
City by virtue of the payment of any loss under insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
Contractor may not assign any right or obligation of this Agreement or any interest
in this Agreement without the prior written consent of City. Any attempted or purported
assignment without consent of City shall be null and void. Contractor acknowledges that
these provisions relative to assignment are commercially reasonable and that Contractor
does possess special skills, ability and personnel uniquely suited to the performance of
contract services and any assignment of this Agreement to a third party, in whole or in
part, could jeopardize the satisfactory performance of contract services. Contractor may
not employ any subcontractors unless specifically authorized by City.
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
venture which shall result in changing the control of Contractor, shall be construed as an
assignment of this Agreement.
-6- •
9
12. RECORDS/REPORTS
A. All Contractors books, and other business records, or such part as may be
used in the performance of this Agreement shall be subject to inspection and audit by any
authorized City representative during regular business hours.
B. No report, information or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require, provide
reports concerning the status or cost of services required by this Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator within ten (10)
days after the end of each month. Irrigation programming. schedules will be submitted
monthly. A phone log will be submitted monthly of all calls from the City of Newport
Beach General Services Department and the City of Newport Beach Police Department to
the Contractor, whether or not those calls require a request for service, and a description
of the action taken from the City call.
• E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement . Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data, documents, proceedings
and activities related to this Agreement for a period of three (3) years from the date of
final payment under this Agreement. Periodic reports will be submitted in accordance
with Exhibit I.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
Administrator or his/her authorized representative shall represent the City in all matters
pertaining to the services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor, maps, ordinances, data and other existing
information as may be requested by Contractor necessary for Contractor to complete the
work contemplated by this Agreement. City also agrees to provide all such material in a
timely manner.
0 0
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance or hardscape
maintenance services as requested by the Administrator. The Administrator may give
verbal authorization for additional services up to $500. Administrator shall provide
Contractor with written authorization prior to the performance of any additional services
that exceed $500. Contractor shall be compensated for additional services in accordance
with the unit prices specified in Exhibit F.
B. City reserves the right to withdraw certain median or roadside locations
from the scope of work to be performed by Contractor pursuant to this Agreement. City
shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the
effective date of withdrawal of any. location. In the event a location is withdrawn from
the scope of services, compensation to Contractor shall be reduced in accordance with the
bid unit cost specified in Exhibits G and H. In the event the location is withdrawn for a
period of less than a full 1 (one) year term, Contractor's compensation shall be reduced
on a pro rata basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its duration,
or the value of the work done, or of any work omitted, or of any extra work which
Contractor may be required to do, or respecting any payment to Contractor during the
performance of the Agreement, such dispute shall be decided by the City Manager and
his decision shall be final and binding upon Contractor and his sureties. is
16. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses unless
authorized in writing by City Administrator.
17. LABOR AND PERFORMANCE BONDS.
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to $20,000
as security for the Faithful Performance of this Agreement.
18. LABOR
A. Contractor shall pay no less than the prevailing wage rates as required by
Section 1771 and 1774 of the California Labor Code. Contractor shall conform with all
applicable provisions set forth in the Labor Code, and the Federal Fair Labor Standards
Act.
-8- •
B. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated
prevailing rates for any work done under this Contract, by him or by any Subcontractor
under him, in violation of the provisions of this Agreement.
C. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give notice to City, including all relevant information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against
any subcontractor, consultant, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin or other basis that is violative of the federal
or state constitution or federal or state law. Contractor's obligation not'to discriminate
shall apply, but not be limited to, the following: employment, upgrading, demotion,
transfers, recruitment, recruitment advertising, layoff, termination, rates "of pay or other
forms of compensation and selection for training, including apprenticeship.:
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
• 21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable financially affect such interest.
The Contractor will provide a completed disclosure form noting the above . Contractor
will comply with the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Contractor shall indemnify and hold harmless the City for
any claims for damages resulting from the Contractor's violation of this Section.
22. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must
be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
0 -9-
• •
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
23. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such default is not
cured within a period of two (2) working days, or if more than two (2) working days are
reasonably required to cure the default and Contractor fails to give adequate assurance of
due performance within two (2) working days after Contractor receives written notice of
default from City, City may terminate the Agreement forthwith by giving written notice.
City may, in addition to the other remedies provided in this Agreement or authorized by
law, terminate this Agreement by giving written notice of termination.
B. This Agreement may be terminated for cause by City or Contractor, upon •
thirty (30) days written notice. Upon termination, City shall pay to Contractor that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of Contractor's
compensation for contract services if, in the judgment of the City Administrator, the level
of maintenance falls below appropriate landscape or hardscape maintenance standards
and /or Contractor fails to satisfactorily perform Contract Services. City shall have the
right to return funds withheld until the City Administrator determines that contract
services are performed as well and as frequently as required by this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the parties
agree that the court with jurisdiction over the action may determine and fix reasonable
attorneys' fees and expenses to be paid to the prevailing party.
-10- •
w
. 25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal, or
local laws, rules, ordinances, statutes or regulations applicable to the performance of
contract services.
26. WAIVER
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other ten-n, covenant or condition contained herein whether of the same or a different
character.
27. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and
Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
• day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
i
CITTTAWORNEY
an
CONTRACTOR
•
List of Exhibits
Exhibit A
Scope of Work
Exhibit B
Maintenance Frequency Summary
Exhibit C
Standard Materials
Exhibit D
Median Locations
Exhibit E
Roadside Locations
Exhibit F
Unit Prices
Exhibit G
Bid Unit Costs (Roadside areas)
Exhibit H
Bid Unit Costs (Median areas)
Exhibit I
Required Reports
-12-
•
n
f�
EXHIBIT A
r�
• SPECIFICATIONS FOR CONTRACT OF LANDSCAPE MAINTENANCE OF
CITY MEDIANS AND ROADSIDE AREAS
SCOPE OF WORK
The contractor shall provide the following services and meet the following
specifications:
1. SCOPE OF WORK
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 with
chemicals.
2. Fertilizing.
3. Shrub and groundcover trimming, pruning, training.
. 4. Minor tree pruning and staking.
1.;
5. Irrigation monitoring, maintenance, and repair.
6. General pest control.
7. Mowing, verticutting, and aerifying.
8. General litter control, refuse removal, and grounds policing.
9. Plant replacement.
10. Hardscape,cleaning.
11. Access roadway clearance and visibility maintenance.
12. General drainage stricture and system maintenance.
0 9
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
b. Vandalism
7. Signage
8. Damage resulting from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent
required in the Technical Specifications of the Bid Schedules.
10. Trees over 8 feet in height (except minor pruning and staking)
11. Hardscape, (curbs, gutters, sidewalks, etc.)
2. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of
7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday
work is to be scheduled without permission from the City, unless it is an
emergency situation. No motorized equipment shall be operated before 8:00 .
AM nor after 5:00 PM'
3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest landscape
maintenance standard, as stated in the enclosed maintenance
specification description. Standards and frequencies may be modified
from time to time as deemed necessary by the City for the proper
maintenance of the sites.
B. If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of
other remedies provided herein, withhold appropriate payment from
the Contractor until services are rendered in accordance with
Failure to notify of a change and /or failure to perform an item or work
on a scheduled day may result in deduction of payment for that date or
week. Payment will be retained for work not performed until such time
as the work is performed to City standard
•
C. The Contractor is required to correct deficiencies within the time
specified by the City. If noted deficient work has not been completed,
. payment for subject deficiency shall be withheld for current billing
period and shall continue to be withheld until deficiency is corrected,
without right to retroactive payments.
4. SUPERVISION OF CONTRACT
A. All work shall meet with the approval of the City of Newport Beach
General Services Department. There shall be a weekly meeting with the
Contractor and the City representative to determine progress and to
establish areas needing attention. A monthly maintenance schedule
will be submitted in writing to the City at the beginning of said month.
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.
5. 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.
6. CORRESPONDENCE
All correspondence shall be addressed to Marcelino Lomeli, Park and Tree
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Blvd., Newport Beach, CA 92663 -3884.
7. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City
before the work is commenced. The Contractor will be required to provide
before and after photographs of safety items or emergency repairs which
were made without prior City approval (excluding minor irrigation repairs).
Documentation of contract compliance may be required on some occasions.
8. STREET CLOSURES, DETOURS, BARRICADES
A. Warning signs, lights, and devices shall be installed and displayed in •
conformity with the 'The California Manual on Uniform Traffic
Devices" for use in performance of work upon highways issued by the
State of California, Department of Transportation and as directed by
City staff.
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.
9. DISPOSAL
At least 25% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall
dispose of all cuttings, weeds, leaves, trash, and other debris from the
operation as work progresses. The City shall not be responsible for the
disposal. Contractor shall pay all disposal fees and provide documentation
evidence of recycling to include location, tonnage, etc. on a monthly basis to
the City.
10. RECORDS •
A. The contractor shall .keep accurate records concerning all of his /her
.employees or agents and provide the City with names and telephone
numbers of emergency contact employees.
B. The Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report monthly to the Park
and Tree Maintenance Superintendent. This report should also contain
a description, including man - hours, equipment, and materials
breakdowns and costs used to accomplish any additional work which
the contractor deems to be beyond the scope of the contract. Under
ordinary conditions, payment for this work will not be authorized
unless the additional work, and costs thereof, are first approved in
writing by the City. Irrigation programming schedules will be
submitted monthly. A phone log will be submitted monthly of all calls
from the City of Newport Beach General Services Department and the
City of Newport Beach Police Department to the Contractor, whether or
not those calls require a request for service, and a description of the
action taken from the City call.
•
U
0 0
C. 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 Park and Tree Maintenance Superintendent. This
maintenance calendar shall clearly indicate the all of the major
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 Park and Tree Maintenance Superintendent
for approval prior to the date the changes are to take effect.
D. The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services only at any reasonable time.
11. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of
at least two qualified persons who can be called by City representatives
when emergency maintenance conditions occur during hours when the
Contractor's normal work force is not present in the City of Newport Beach.
These Contractor representatives shall respond to said emergency within
thirty (30) minutes from receiving notification.
12. 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
applications and plant replacements.
13. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and
submit a copy thereof. The Contractor must also maintain a California State
Licensed Pest Control Operator and a California State Licensed Pest Control
Advisor or have one on staff. The name and permit number will be supplied
to the City at the beginning of contract, and any changes forwarded within
twenty -four (24) hours of said change.
14. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response
time of the job site and provide the office with phone service during normal
working hours. During all other times, a telephone answering service shall
be utilized and the answering service shall be capable of contacting the
E
Contractor by radio or pager. Contractor shall have a maximum response
time of thirty (30) minutes to all emergencies. There will be no on -site
storage of equipment or materials. Contractor will have full responsibility
for maintaining an office and yard.
15. 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 facility and 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 perfor-
mance 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 one week prior to the
effective date of the contract. Thereafter, it shall be submitted
weekly on Thursday mornings.
4. Changes to the schedule shall be received by the Parks and Tree
Maintenance Superintendent at least twenty -four (24) hours prior
to the scheduled time for the work.
0
that date or week.
L J
0 0
6. The Contractor shall adjust his /her schedule to compensate for all
holidays. Maintenance and litter removal shall be scheduled for all
• holidays, unless otherwise indicated by the City.
C. 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.
16. 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.
1. 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.
2. The Contractor shall immediately notify the Parks and Tree
• Maintenance Superintendent when the work force has been
removed from the jobsite due to inclement weather or other
reasons.
3. The Contractor shall restake and re -tie trees or other such activities
as required as a result of inclement weather. The Contractor will
stay available to assist in any storm related damage repair.
17. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to
insure the safety of his /her work crew and to protect in place existing utility
equipment before commencing any excavation. Contractor shall contact the
Park and Tree Maintenance Superintendent and Underground Service Alert
(1- 800 - 422 -4133) 48 hours before commencing any excavation, to locate
underground service lines.
18. PESTICIDES
The City must maintain all documents that pertain to the use of pesticides on
its property. Contractor must provide the Park and Tree Maintenance
Superintendent with all of the following:
0
E
0
1. A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit /Operator I.D. # ". 0
2. A written 'Pest Control Recommendation" for each site before
Contractor uses any pesticide.
3. A 'Pesticide Use Daily Record" for any site that a pesticide was
used, within twenty -four (24) hours of application.
4. If a restricted pesticide is going to be used, a copy of the 'Notice of
Intent To Use Restricted Materials ", twenty -four (24) hours before
application.
5. A list and EPA numbers of all the pesticides Contractor intends to
use for this contract, before any such use.
6. The contractor shall not use any pesticide that has not been
authorized by the Park and Tree Maintenance Superintendent.
C J
0
Exhibit B •
1ANTENANCE FREQUENCY SAMARY
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Edging
Once/Week
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
3 /year
Vertical Mow
1/year
Aerate
2 /year
Pest Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice a year
Pest Control
As needed
Visual Inspection
Weekly
Shrub, Vine, & Tree Maintenance
Trim
4/year
Fertilize
Twice a year
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Hardsca e Maintenance
Each site visit/weekly min.
Grounds Policing/Litter Removal
Each site visit/ 4/ weekly
• Exhibit C
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any •
deviation from the approved list must be approved by the City of Newport Beach
before installation. Any item not mentioned in the Standard Materials list must be
approved by Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
1. Febco 825Y RP
2. Rainbird #ST -03UL Snap Tite Connectors
3. Rainbird #PT -55 Snap Tite Sealer
4. Toro Series Sprinklers
5. Griswald DW Series Electric Valve
6. Rainmaster RME 12 or Larger Controller
7. LA MAX Enclosure -LA MAX MARK -2SST
8. Matco 754 Series Full Port Ball Valve
9. Class 200 PVC Lateral Pipe
10. Class 315 PVC Main Supply Pipe 1 1/2" and larger
11. Schedule 40 PVC Main Supply Pipe 11/4" and Smaller
12. Rectangular Valve Box - Plastic -18 "L x 12 "W x 12" Deep
13. Round Valve Box - Plastic - 10"
14. Rainbird #44 Quick Coupling Valve with Vinyl Cover
15. Control Wire: AWG, U.F. 600 -V Direct Burial Copper with PVC Insulation
TURF FERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous except where approved by the
City.
2. All organic fertilizers must have lowest salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, and etc. must be approved by
City.
E
PLANT STOCK •
All selection and condition of the plant material of plant stock, trees, shrubs,
. annuals and perennials, flowers, and ground covers must be approved by the Park
and Tree Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to City with application location
and written recommendation from the Contractor's Pest Control Advisor prior to use.
All materials must be properly labeled and certified for intended use. Proper and legal
disposal of any and all pesticides used is solely the responsibility of the Contractor.
All state, county, and city laws regarding pesticide use and disposal must be followed.
�J
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• Exhibit D
MEDIAN LOCATIONS
Area
Area
Description
Irrigation
Acres
P
T
H
U
O
G St. X Balboa Blvd.
P,H
M
0.032
0.022
0.05
Balboa Blvd. - Medina Way to 21st St.
P
M
0.034
0.03
Balboa Blvd. - Medina Way to 21st St.
P
NI,WT
0.223
0.22
McFadden Interchange Medians
P,T,H
M
0.032
0.241
0.02
0.29
Villa Way X 29th St.
P,H
M
0.0r,
0.014
0.03
M St. Median
P,T,H
Al
0.00
0.051
0.039
0.09
Via Lido - Newport Blvd. to Via Operto
P,H
AI
0.02
0.038
0.06
Newport Blvd. X Via Lido
P,H
AI
0.01
0.141
0.1
Clubhouse X Finley
P,H
M
0.01
0.018
0.03
Balboa Blvd. - PCH to 32nd St.
P,H
Al
0.068
0.317
0.38
Superior Ave. North of PCH
P,H
M
0.02C
0.389
0.40
Newport Blvd. - PCH to Industrial Way
P,H
INO,WT
0.461
0.552
1.01
PCH - Santa Ana River to Newport Blvd.
P,H
Al
0.607
1.27
1.87
PCH - E. of Riverside Avenue
P,H
M
0.016
0.077
0.09
St. James Road X Kings Place
P,T
M
0.005
0.028
0.03
Margaret Dr. between Tustin & Irvine
P
NI,WT
0.007
0.00
Westcliff Dr. - Irvine Ave to Dover
P,H
INO,WT
0,132
0.152
0.28
Triangular median - Westcliff X Dover
P,T,H
Al
0.005
0.10E
0.025
0.13
Dover Dr. - Westcliff to PCH
P,H
INO,WT
0.327
0.495
0.82
Irvine Ave. at Westcliff
P,H
M
0.031
0,003
0.03
Irvine Ave. e Westcliff - Westcliff to Dover
UD
NI,WT
0.
0.
Irvine Ave. - Dover to Holiday Road
P
NI,WT
0.524
0.52
Irvine Ave. - Santiago to University
P,T,H
Al
0.057
0.966
0.386
1.40
Jamboree Road - Bristol to PCH
P,T,H
Al
0.068
3.363
1.71
5.14
University Dr - Jamboree to MacArthur
T,H
Al
0.112
0.172
0.28
Vista Del Sol
P,T
AI
0.121
0.3 1C
0.43
Ford Road - Jamboree to San Miguel
P,T,H
AI
0.012
0.679
0.53
1.22
San Miguel- Ford Road to Avocado
P,T,H
Al
0.081
1.643
0.852
2.57
an Joaquin - Spyglass to Backbay Rd.
P,T,H
AI
0.735
2.697
1.374
4.80
PCH - Larkspur to Newport Coast Dr.
P,H
AI
0.559
0.626
1.18
PCH - Iris to Goldenrod
P,H
M
0.041
0.11
0.15
MacArthur at PCH
H
0.03
0.03
•
•
PCH - Dover to Golden
P,H
M -- jFF.-476
Turf
H
Hardscape
UD
2.91
El Paseo Dr
T
M
0.101
0.10
Avocado - Waterfront to PCH
P,T
WT,M
0.286
0.23
0.51
Park Avenue
P,H
Al
0.587
0.104
0.69
Total Acreage
6.634
10.535
10.918
0.5
28.58
Legend
AD - AREA DESCRIPTION
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
0
Overall Area Measurement
IRR - IRRIGATION
M
WT
NI
INO
Al
•
1-1
Manual
Water Truck
No Irrigation
Irrigation Not Operable
Automated Irrigation
• Exhibit E •
ROADSIDE LOCATIONS
Area
Area
Desc.
Irr
Acres
P
T
H
U/D
O
Cannery Village Parking Lot
P,H
Al
0.074
0.313
0.38
28th & 30th St. Parking Lots
P,H
M
0.115
0.715
0.8
McFadden Parking Lot
P,H
M
0,116
0Al2
0,654
0.88
19th St. Street end - bayside
P,H
WT
0.01
0.012
0.02
Marina Park Parking Lot
P,H
M
0.03
0.23
0.27
13th St. Street end - bayside
P
BCH
WT
0.05
0.05
12th St. Street end - bayside
P
BCH
WT
0.05
0.05
llst St. Street end - bayside
P
BCH
WT
0.05
0.05
"F" St. Street end - bayside
P
BCH
NI
0.041
0.04
Palm Street Parking Lot
P,H
Al
0.033
0.305
0.33
Miramar Dr. and Balboa Blvd.
P,T,H
Al
0.015
0.056
0.036
0.10
"I" St. Street end - bayside
P,H
NI
0.043
0.013
0.05
"L" St. Street end - oceanside
P,H
NI
0.048
0.015
0.06
"M" St. St. Street end - oceanside
P,H
NI
0.031
0.01
0.04
Via Oporto X Central Parking Lot
P,H
M
0.036
0.36
0.40
Short St. X Newport Blvd. Roadside
P,H
AI
0.146
0.11
0.26
OCTA Bus Stop - Balboa Blvd. X 46th
T,H
M
0.02
0.01
0.04
OCTA Bus Stop - Balboa Blvd. X River
P,H
M
0,033
0.024
0.05
Newport Island entrance planters
P,H
AI
0.014
0.009
0.02
37th - 41st St. Street ends off Seashore
P
Al
0.011
0.01
Prospect Street ends off Seashore
P
M
0.004
0.00
Orange Street ends off Seashore
P
M
0.002
0.00
Summit St. planter
P,H
M
0.011
0.021
0.03
Cappy's trail/bench area
UD
NI
0.172
0.17
W. PCH Roadsides
P,H
Al
0.849
1.998
2.84
Superior X PCH Parking Lot
P,T,H
AI
0.486
0.20t
1.145
1.83
N.W. Quadrant - Newport Blvd. .X PCH
UD,H
NI
0.071
1.10
1.17
S.W. Quadrant - Newport Blvd. X PCH
P
NI
0.379
0.37
S.W. Quadrant - Newport Blvd. X PCH
P,H
AI
0-65C
0.26E
0.91
S.E. Quadrant - Newport Blvd. X PCH
P,H
Al
0.575
0.238
0.81
•
E
0
•
Newport Blvd. Roadsid
P,H
IN
O
10.441F
0.07
10.52
Mariners Mile Parking Lot
P,H
Al
0.079
1.1
1.26
Rocky Point/Pelican Wall
P,H
Al
0.05i
0.03
0.09 o
Dover X Westcliff
P,T,H
Al
0.066
0.636
0.11
0,82
PCH Bayshore Soundwall
P,H
Al
0.035
0.293
0.32
OCTA Bus Stop - Bayshore Dr. X PCH
P,H
Al
0,135
0.129
0.26
Dover Dr. Arterials - Westcliff to Mariners
P
Al
1.30E
1.30
Dover Dr. Arterials -(N) Irvine Ave. to Mariners
P
AI
0.10
0.101
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
P
NI
0.41
0.41
Westcliff Dr. Arterial (Groves)
P,H
Al
0.61
0.062
0.67
Westcliff Dr, X Santiago
P,T,H
M
0.00
0.04S.
0.01?
0.07
Groves Bike Trail
UD,P
H
NI
0.05
0.354
1.192
1.60
Irvine Ave. Arterial N of Private Road
P,T,H
Al
0.01
0.222
0.045
0.28
Tustin Avenue Streetend
P,H
AI
0.03E
0.009
0.04
Anniversary Lane Roadside
P
WT
0.14E
0.14
Jamboree Arterial - Bison to Eastbluff Dr. (S)
P,H
Al
0.185
0.313
0.49
Jamboree Big Canyon Roadside
UD,H
NI
0.227
0.204
0.43
Port Dunbar Drive Roadside
T,H
Al
0,741
0.526
1.26
Spyglass Hill Road Roadsides
P,T,H
Al
1.60
0.499
1.188
3.29
San Joaquin Hills Road Roadsides
P,T,H
Al
2.245
1.323
1.022
4.59
PCH - Seaward to Cameo Highlands
P
NI
0.496
0.49
Larkspur Street End
P,H
NI
0.037
0,013
0.05
Jasmine Street End
P,T,H
NI
0.014
0.059
0.025
0.09
Fernleaf Ramp
P,H
NI
0.18
0.046
0.23
Bayside Drive - Jamboree to Marguerite
P,H
NI
1,316
0.051
1.36
PCH - Jamboree to Avocado
P,H
WT
1.364
1.28
2.64
PCH - Bayside Drive to Jamboree
P,H
Al
0.01E
0.579
0.59
Jamboree - PCH to Bayside
P,H
NI
0.202
0.121
0.32
Promentory Bay Plaza
P,H
AI
0.02
0.09
0.11
Promentory Point & Channel Walk
P,H
Al
0.2
0.21
0.471
Balboa Island Entrance
P,H
M
AI
0.02
0.02
0.05
Balboa Island - Grand Canal Bridge
P
Al
0.01
0.01
Total Acreage
25.68
3.9
14.627,
2.467
46.70
0
0
Legend •
AD - AREA DESCRIPTION
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
0
Overall Area Measurement
IRR - IRRIGATION
M
Manual
WT
Water Truck
NI
No Irrigation
INO
Irrigation Not Operable
AI
Automated Irrigation
i1
LJ
n
U
•
EXHIBIT F
UNIT PRICES
A. The Contractor agrees that for requested and /or required changes in the scope
of work, including additions and deletions on work not performed, the
Contract Sum shall be adjusted in accordance with the following unit prices,
where the City elects to use this method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of
the controct award. Unreasonable prices may result in rejection of the entire
bid proppsal. Unit prices listed below refer to all items installed and the
ConstrucHon Documents and include all costs connected with such items;
includins but not limited to, materials, labor, overhead, and profit for the
contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the
total nuviber units and /or amount of labor required for added or deleted
items of work.
D. All work shall be performed in accordance with specifications described in the
RFP.
TURF
Turf Mow
Turf Mow anO Clippings Picked Up
Turf Edge
Turf String Trim
Turf Chemical Edge 6" Swath
Turf Chemical Edge 12" Swath
Turf Aerify
Turf Fertilize
Turf Dethatcll /Renovate
HARDSCAPH MAINTENANCE
Cleaning and1weed abatement
GROUNDCQVERS
Mow
Edge
Fertilize
$1.50
/1000 Sq. Ft.
/1000 Sq. Ft.
12-50-
/ 1000 Linear Ft.
13.25
/ 1000 Linear Ft.
$7.00
/1000 Linear Ft.
$14 . oo
/1000 Linear Ft.
$2.30
/1000Sq.Ft.
$2.10
/i000 Sq. Ft.
$15e.00
/1000Sq.Ft
$6.50 _/100()Sq.pt.
$2.25 /1000 Sq. Ft.
$2.60 /1000 Linear Ft.
$2.75 /1000 Sq. Ft.
0 0
PEST CONTROL
Turf disease / insect spray
$25.00 /Tree
/1000 Sq. Ft.
Boom Application
$10.50
/1000 Sq. Ft.
Hand Application
$19.50
/1000 Sq. Ft.
Turf Broadleaf Spray
24" Box Tree
$175. 00 /Each
Boom Application
S i a. o o
/1000 Sq. Ft.
Hand Application
19.00
/1000 Sq. Ft.
Groundcover disease /insect spray
$19.50
/1000 Sq. Ft.
Shrub disease /insect spray
$ 21.00
/1000 Sq. Ft.
Soil Sterilant Applicant
17.00 /Hour
/1000 Sq. Ft.
Turf Pre- Emergent
$6.50
/1000 Sq. Ft.
Landscape Areas Weed Control
$18.25
/1000 Sq. Ft.
General Weed Control post Emergent $18. 2 5
/1000 Sq. Ft.
SHRUB PRUNINQ
1-4 Feet, Lacing $4.25 /Shrub
1-4 Feet, Hedging $ 3.90 /Shrub
4 plus Feat, Lacing $6.25 /Shrub
4 plus Feet, Hedging $5.50 /Shrub
TREE PRUNING
E
up to 10 Feet
$25.00 /Tree
10-20 FeeC
3$ 5.00 /Tree •
20-30 Feet
$75.00 /Tree
30-40 Feet
$150.00 /Tree
40 -plus Feet
$225.0 0 /Tree
PLANTING
1 Gal. Shrub /Trees
oo /Each
5 Gal. Shrub
1$ 6.00 /Each
5 Gal. Treg
3$ 0.00 /Each
15 Gal. Shrub
s 5o . oo /Each
15 Gal. Tr¢e
$70.QO /Each
24" Box Tree
$175. 00 /Each
64 Count Flat Groundcover
$15.00 /Flat
Turf - Seed and top dress
$.38 /1000 Sq. Ft.
Turf - Sod
$-65 /1000 Sq. Ft.
LABOR
Landscape Maint. Laborer
$10. 00 /Hour
Landscape Maipt. Leadworker
_$1240 /Hour
Landscape Mai$tt. Supervisor
17.00 /Hour
Irrigation Specialist
9.5 0 /Hour
Pest Control Applicator
1� 9.5 0 /Hour
Tree Trimmer
t i a. go /Hour •
Equipment Op4rator
$4R.39 /Hour
0
n
u
• •
EXHIBIT G
ROADSIDE AREAS BID UNIT COSTS
Unit Cost
801.69
Cannery Village Parking Lot
28th & 30th St Parking Lots
1670.04
McFadden Parking tot
1932.17
19th St Street end - bayside
61.071
Marina Trailer Par.king Lot
553.94
13th St. Street end t bayside
176.10
12th St. Street end L bayside
176.10
11 s St. Street end 4 bayside
'Y St. Street en - baysilde
176.10
122.37;
Palm Street Parkin Lot
664.47
Miramar Dr. and Balboa Blvd.
"1" St. street t�ayside
"L" St Street end - Oceanside
297.75
152.47
171.10
"M" St St. Street erid - oceanside
125.93
Via Oporto X Cen" Parking Lot
788.48
Short St. X ewpott Blvd. Roa side
654.74
OCrA Bug Stop 7- Balboa Blvd. X 46th
123.16
OCrA Bus Stop - Balboa Blvd. X River
143.03
Newport Island entrance planters
58.49
37th - 41st St. Street ends off Seashore
32.83
Prospect Street en . off Seashore
11.94
Orange Street ends!off Seashore
55.97
Summit st. planter
71.80
Cappys trail /bench area
224.77
W. PCH Roadsides'
6241.64
Superior X K14 Parking Lot
4256.83
N.W. Quadrant - Newport Blvd, X PCH
1573.15
S.W. Quadrant - Ndwport Blvd, X PCH
1131.21
S.W. Quadrant - Ndwport Blvd. X PCH
2437.39
0 0
S.B. Quadrant - Newport Blvd. X PCH
2157.87
Newport Blvd. Roadsides
31322.52
Mariners Mlle Parking Lot
2444.02
Rocky aint /Pelican Wall
227.98
Dover X Westcliff
2530.34
PCH Bayshore Soundwall
648.17
O.CT, Bus Stop - Bayshore Dr. X PCH
642.32
Dover Dr. Arberials - WestcUH to Mariners
3904.03
Westcliff Dr. Art s - (!)Irvine Ave. to
Mariners
301.46
_
Westdiff Dr. Arte s - () Irvine Ave. to
Mariners
1247.62
Westcliff, Dr. Arterial (Groves)
1941.71
Westdiff Dr. X Santiago
212.36
Groves We Trail '
2381.75
Irvine Ave. Arterial N of Private Road
878.59
Tustin Avenue Strot end
130.12
Anniversary Lane A Roadside
444.72
Jamboree Arterial -Bison to Eastbl f Dr. (S)
1133.00
Jamboree Big Canyon Roadside
1056.09
Port Dunbar Drive Roadside
3439.53
8659.91
Spyglass Hill Road•Moadsides
San Joaquin Hills Road Roadsides
12995.51
PCH - Seaward to qAmeo HIglrlands
1480.43
Larkapur Street En
13134.56
Jasmine street End
4.32
634.55
Fortilmf 'P
Bayside Drive - laniboree to Marguerite
4022.54
PCH - Jamboree to !Avocado
6446.41
PCH - Bayside Drive to Jamboree
1128.15
Jamboree - PCH to yside
827.45
Promontory Bay P14za
247.19
Promontory Point 4 Channel Walk
1167.57
Entrance to Balboa IsLand
137.39
Balboa island - GraAd Canal Bridge
35.82
Total'
120082.72
•.
•
0
•
•
•
FJQ-iIBIT H
MEDIAN AREAS BID UNIT COSTS
Area
Unit Cost
G St. X Balboa Blvd.
136.34
Balboa Blvd. - Medina Way to 21st St
101.48
Balboa Blvd. - Medina Way to 21st St
665.60
McFadden Interch#nge Medians
933.83
Villa way X 29th s .
85.67
M St. Median
250.87
Via Lido - Newport Blvd. to Via Operto
145.13
Newport Blvd. X VA Lido
318.36
Clubhouse X Finlef
93.10
Balboa Blvd. - FCH to 32nd St,
791.20
Superior Ave. Noq[h of PCH
781.54
Newport Blvd. - PCfH to Industrial Way
2400.28
PCH - Santa Ana River to Newport Blvd.
4168.41
PCH - B. of Riverside Avenue
190.64
St James Road X Wgs Place
108.01
Margaret Dr. betw#en Tustin k Irvine
20.89
Westdiff Dr. - Iry Ave to Dover
676.04
Triangular median,• Westcliff X Dover
420.36
Dover Dr. - Westctitf to PCH
1894.56
Irvine Avenue at estcliff
98.09
Irvine Ave. Westcliff to Dover
653.40
Irvine Ave. - DOM to Holiday Road
1564.00
Irvine Avenue - Sa4tlago to University
4097.88
Jamboree Avenue Bristol to PCH
14560.14
University Dr - laniboree to MacArthur
691.52
Vista Del so
1411.69
Ford Road - Jambo ilee to San Miguel
3276.65
San Miguel - Ford Road to Avocado
7284.93
0
i
San Joaquin - Spyglass to Backbay Rd.
13709.62
PCH - larkspur q Newport Coast Dr.
2830.11
PCH -Iris to Goldonrod
335.77
MacArthur at PM
68.66
PM -Dover to Gj1denrod
7073.90
IR eseo Dr
335.77
Avocado - aterkorit to pal
1618.27
Park Ave"
1945.03
!TOW
75737.76
TOTAL COST OF X.A.NDSCA.PE MAINTENANCE OF 1±�.DI S AND
ROADSMESt 4.._ $195,820.48 _
NOTE: Bid Priceahall include all sales, use or other taxes applicable to the
above item.
If awarded the Contract, the undersigned hereby agrees to sign said Contract and
furnish the neceses47 Faithful Performance Warranty Bond within ten (10) days after
the award of said Contract.
The undersigned h4a examined the location of the proposed work and is familiar with
the Specifications altd other Contract Documents and the local conditions at the place
where the work is to be done.
The undersigned have checked carefully all the above figures and understands that the
City of Newport Beach will not be responsible for any errors or omissions on the part of
the undersigned in: making up this bid. Proposals are to remain valid for six (6)
months. ( / I�
I to l i df�f �A I KA l.(A-4a, -, I(i,e V Vv, ,� -
u,L LbD
0
0
0
ExliiUit I
Required Reports
. 1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (assent to County Agriculture Commission)
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation check list (to include controller and site inspection for all
•
site and a list of any repairs required)
9.
Monthly irrigation controller programming charts
10.
Extra work approval list
11.
Weekly maintenance inspection list for all sites
12.
•
Manual irrigation schedule
13.
Annual pesticide safety training records
14.
Required tailgate safety meeting records
15.
Monthly maintenance report
16.
Monthly greenwaste recycling report
17.
Water truck schedule
•