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HomeMy WebLinkAboutC-3616 - Contractor Agreement for Landscape Maintenance Services for the Bonita Canyon Sports Park� , -�&j to AMENDMENT NO. 2 TO AGREEMENT WITH TRUGREEN LANDCARE, L.L.C. FOR LANDSCAPE MAINTENANCE SERVICES FOR THE BONITA CANYON SPORTS PARK THIS AMENDMENT NO. 2 TO CONTRACTOR AGREEMENT, is entered into this day of March, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation ("CITY"), and TRUGREEN LANDCARE, L.L.0 ("CONTRACTOR"), a limited liability corporation based in Delaware, whose office is located at 1323 West 130th Street, Gardena, California, 90247, and is made with reference to the following: RECITALS: A. On June 1, 2003, City and Contractor entered into an Agreement in which Contractor was hired to provide landscape maintenance services at Bonita Canyon Sports Park, located on Bonita Canyon Road and Mesa Drive in the City of Newport Beach (hereinafter referred to as the "Agreement"). B. Total compensation due Contractor under the Agreement was $116,736.00 per year, or $9,728 per month. The term of the Agreement was for one year, but it was automatically renewable on an annual basis by City for an additional four (4) years. The Agreement was automatically renewed for additional one year periods in June 2004 and 2005. C. In May 2005, Contractor notified City that it intended to exercise its option to terminate the Agreement unless the compensation under the Agreement was increased. Contractor said the Agreement was no longer economically profitable for the Contractor because of the rise in fuel costs, insurance, workman's compensation, and other expenses. D. On June 28, 2005, City and Contractor mutually agreed to Amendment No. 1, which increased the Contractor's compensation by $3,966.80 per month (or $47,601.60 per year), provided that Contractor agreed to provide all of the services outlined in the Agreement for the remainder of the Agreement's term, or until June 1, 2008. E. The purpose of this Amendment No. 2 is to extend the term of the Agreement until August 29, 2008 to give the City time to find a new contractor to provide landscape maintenance of Bonita Canyon Sports Park and other City parks and facilities. F. City and Contractor mutually desire to amend the termination date as provided below, pursuant to this "AMENDMENT NO. 2." NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Section 1, Term, of the AGREEMENT is amended to read as follows: "The term of this AGREEMENT shall commence on June 1, 2003 and terminate on August 29, 2008. CONTRACTOR acknowledges and agrees that CONTRACTOR shall have no right to continue service pursuant to the AGREEMENT, or otherwise, beyond the term of this AGREEMENT as amended by Amendment No. 2. CONTRACTOR agrees that upon termination of this AGREEMENT on August 29, 2008, CONTRACTOR will not contest CITY'S right to contract with any other person or entity pursuant to a Request for Proposal Process, or otherwise." 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first written above. [SIGNATURES ON FOLLOWING PAGE] 2 APPROVED AS TO FORM: CITY OF WPO EACH, A Mu ' ' al Corpo a n C - Aaron C. Harp, Edward D. Seli 'h, Mayor Assistant City Attorney for the City of Newport Beach for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CONTRACTOR: By: ( orpo at Titl Print Name: By: TRUGREEN LANDCARE, L.L.C. Title: rAA-tJ A � (Financial Officer) Print Name: I:\USERS\CAT\SharedWG\dbigi\TRUGREEN LANDCARE AMENDMENT NO.2.doc CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 March 11, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 6443055 mharmon@city.newport-beach.ca.us SUBJECT Extension of Agreement with TruGreen Landcare, LLC for Landscape Maintenance of Bonita Canyon Sports Park ISSUES: Should the City extend the agreement with TruGreen Landcare, LLC for the landscape maintenance of Bonita Canyon Sports Park through August 29, 2008? RECOMMENDATION: Approve the agreement with TruGreen Landcare, LLC for continued landscape maintenance of Bonita Canyon Sports Park through August 29, 2008. DISCUSSION: In June of 2003, the City entered into an agreement with TruGreen Landcare LLC for the landscape maintenance of the Bonita Canyon Sports Park (BCSP), which was just opening to the public. The term of the agreement was for one year, but allowed up to four one -year extensions. TruGreen was to be paid $9,728 per month ($116,736 per year) for maintenance. A copy of the agreement is attached (Attachment 1). In May of 2005, due to increases in the cost of fuel, insurance, worker's compensation, and other items, TruGreen notified the City that they intended to exercise their option to terminate the agreement unless the amount of their compensation was increased. The City agreed to increase their compensation by $3,966.80 per month ($47,601.60 per year) and "Amendment No. 1" to the agreement was approved by the City Council (Attachment 2). It should be noted Extension of Agreement with TruGreen Landcare, LLC for Landscape Maintenance of Bonita Canes Sports Park March 11, 2008 Page 2 that, even with this increase, TruGreen's cost was still lower than the second- lowest cost proposal two years before. TruGreen has performed well at BSCP since that time with no further. increase in costs, but the amendment to the agreement did not change the termination date, which remained June 1, 2008. Current Status of Landscaae Agreements This landscape maintenance agreement is one of four such agreements managed by the General Services Department. The landscape contracts are as follows: Areas Vendor Effective Initial Extensions Annual Date Term Allowed in Costs A regiment Bonita Canyon Sports Park TruGreen Landcare June 2003 f Year 4— f Year $164,338 Extensions Parks and City Facilities TruGreen Landcare August 2006 f Year 4— f Year $474,997 Extensions Median and Roadside Merchants Landscape November 2 Years 3 —1 Year $654,035 Areas Services 2007 1 Extensions Newport Coast Landscape Park West Landscape November 2 Years 3 —1 Year $495,278 Maintenance 1 2007 1 Extensions Recently, TruGreen informed staff that they will not seek an extension to the Parks and City Facilities agreement when it comes due in August. Consequently, when faced with. having to seek proposals for similar landscape maintenance services in a short timeframe, staff has decided to combine the BCSP maintenance with the Parks and Facilities maintenance. We plan to solicit proposals for the combined maintenance later this spring, and return to Council with an agreement for approval in July with an effective start date of September 1. To allow this to proceed, we need to extend the expiring BSCP contract for three months. A copy of the letter from TruGreen offering to extend the agreement is attached (Attachment 3), as well as the draft "Amendment No. 2" prepared by the City Attorney's Office (Attachment 4). FUNDING: There are adequate funds in Parks Maintenance Division budget to fund these services this fiscal year, and funds for these services will continue to be budgeted in subsequent fiscal years. Extension of Agreement with TruGreen Landcars, LLC for Landscape Maintenance of Bonita Canyon Sports Park March 11, 2008 Page 3 ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. Prepared by: Submitted by: Mike Pisani Mark H mon Deputy General Services Director General Services Director Attachments: (1) Contractor Agreement with TruGreen Landcare for Landscape Maintenance of BCSP (2) Amendment No. 1 to Agreement with TruGreen Landcare for Landscape Maintenance of BCSP (3) Letter from TruGreen offering to extend the BSCP Agreement (4) Amendment No. 2 to Agreement with TruGreen Landcare for Landscape Maintenance of BCSP ll CONTRACTOR AGREEMENT �J THIS AGREEMENT, entered into this ist day of June of 2003, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and TruGreen LandCare, a General Partnership ("Contractor or TruGreen LandCaW'),'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, In 1997, the City Council directed staff to proceed with privatization of park maintenance services upon the completion of Bob Henry Park. WHEREAS, The east and mid park portions of a new park, Bonita Canyon Sports Park, will be completed in May 2003; and a Request for Proposals (RFP) to provide park and landscape maintenance at Bonita.Canyon Sports Park was mailed to ten firms in April 2003. WHEREAS, TruGreen- Cheml-awn Company ( "Contractor") submitted the lowest bid among the four firms which responded to the RFP. WHEREAS, The Contractor desires to enter Into an 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 April 2003 RFP includes technical specifications and water management responsibilities by which the Contractor shall execute this agreement, and the RFP is hereto attached and considered to be part 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:_ 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 D: 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 1 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 ("Contract Services ") requirements at the landscape maintenance locations listed in Exhibit C. The Contract Services shall be performed at least as frequently as specified in Exhibit A. City shall have the right to after 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 Exhlbit.B. 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. 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 1 performed by a California State Licensed Pest Control Operator through LJ written recommendation by a Califomia 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 maparosory 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. AN work shall be performed in accordance with the highest landscape maintenance standards. 2 F. AN vehicles and equipment used in conjunction with the work shalt.be in good working order and have appropriate safety guards (mowers, etc.). All vehicles shall bear the identification of the Contractor and dearly post °Serving the City of Newport Beach.' G. Contractor shall provide an Branch Manager to coordinate work with the City Administrator and ensure satisfactory performance of . Contract Services. An area manager shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. COMPENSAMN TO CONTRACTOR City shall pay Contractor the sum of $116,736.00 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 acme to Contractor or its employees. ..6. _ TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit B in performing Contract Services. Any deviation from the materials described in Exhibit B shall not be installed unless approved in advance by the City Administrator. B. 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 Contractors obligation to use City provided parts and /or materials. Contractor shall secure, store, inventory, distribute -and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. 7. 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 it agents; employees, representative or officers. 3 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 materldeand labor costs. li. F_M MINA -1 ION OF WORK SITES City makes 'no representation regarding the order or condition of any area or . logtion 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 fraud or willful misconduct by City, its officials, agents, employees or representatives. . B. Contractor shall defend, 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 daages 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 (J 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. 4 10. INSURANCE A. In addition to Contractor's obligation to defend,' Indemnify, and hold City C) harmless, Contractor shall obtain and maintain at its own expense during the term of Us 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 comi'nencement 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 tabor 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 accidentfor 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." 5 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 ptoper 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. RECORDSIREPORTS A. All Contractor's books and other business records, or such part as may 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. .6 C. Contractor shall, at such time and in such form as City may require, proAde 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, whe&r 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. 93. ADMINISTRATION A. This Agreement will be admin;stered 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. 74. 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 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 7 in Exhibits D and E. 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 FORWORK 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 famish, 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 ($45,000) as security for the Faithful.Performanoe 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 violates the federal or state constitution or federal or state law. Contractors 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. M Y"S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this projecL 21. . CONFLICTS OF INTEREST F, A. The Contractor or its employees may be subject to the provisions of the Califomia Political Reform Act of 1974 (the `Act°), which (1) requires such persons to disclose financial intbrest. 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 tits 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 willing 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 1150 West Trenton Avenue Orange, CA 92867 23. TERMANATIONIDEFAULT 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 j- 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 eompensation.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 fails below appropriate landscape or hardscape maintenance standards and /or Contractor fails to satisfactorily per"%otm 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. M 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 some or a different character. 27. !NTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever, between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged In this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions. hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 10 . ..... . ..... IN WITNESS WHEREOF; the parties have caused this Agreement -to be execLded on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation ATTEST. By: J, - 0M LaVonneYAar_w-eWcjiy -clerk APPROVED t � f FZ.=1shar�Tm"MAbc d 11 TruGreen LandCare By: Tide: 31?tp�- AMENDMENT NO. 1 TO AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR LANDSCAPE MAINTENANCE SERVICES FOR THE BONITA CANYON SPORTS PARK THIS AMENDMENT NO. 1 TO CONTRACTOR AGREEMENT; entered into this — 14h day, of June; 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City"), and TRUGREEN LANDCARE, L.L.C., a limited liability corporation, whose office Is located at 1150 W. Trenton Avenue, Orange, Califomia, 92867 (hereinafter referred to as *Contractor"), is made with reference to the following: RECITALS A. On June 1, 2003, City and Contractor entered into an Agreement in which Contractor was hired to provide landscape maintenance services at Bonita Canyon Sports Park, located on Bonita Canyon Road and Mesa Drive In the City of Newport Beach (hereinafter referred to as the :Agreement°). B. Total, compensation due Contractor under the Agreement was \ $116,736.00 per year, or $9,728 per month. The term of the Agreement was' for one year, but it was automatically renewable on an annual basis by City for an additional four (4) years. The Agreement was automatically renewed for additional one year periods in June 2004, and 2005. C. The Agreement also provided that Contractor may terminate the Agreement at anytime without cause on thirty (30) days written notice. Specifically, Paragraph 23.13. of the Agreement read as follows: "This Agreement may be terminated at anytime, without cause by City or Contractor, upon thirty (30) days written notice. Upon termination; City shat/ pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination.' D. In May 2005, Contractor notified City that It Intended to exercise its option to terminate the Agreement unless the compensation under the Agreement was increased. Contractor said the Agreement was no longer economically profitable for the Contractor because of the rise in fuel costs, Insurance, workman's compensation, and other expenses. E. City has agreed to increase Contractor's compensation under the Agreement by $3,966.80 per month ($47,601.60 per year), provided that Contractor agrees to provide all of the services outlined in the Agreement for the remainder of the Agreement's term, or until June 1, 2008. F. In addition, Contractor has agreed that the provision allowing it to cancel the Agreement on thirty (30) days written notice shall be deleted. Contractor may only terminate the Agreement in the event of nonpayment by City if the City does not cure said breach as specified in this Amendment. G. To this end, City and Contractor mutually desire to amend the Agreement, as provided in this Amendment No. 1. NOW, THEREFORE, the parties hereto agree as follows: 1, Paragraph 1 of the Agreement shall be revised to read as follows: "The temp 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 extensions to automatically commence upon the expiration of the initial term or any extended .term, unless the City notifies the Contractor In writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Contractor agrees to provide the services outlined In the Agreement for an additional three years, until June 1, 2008, unless City terminates the Agreement earlier, as provided in the Agreement." 2. ' Paragraph 4 of the Agreement shall be revised to read as follows: 013eginning July 1, 2005, the City shall pay Contractor the.sum of Thirteen Thousand Six Hundred Ninety -Four Dollars and Eighty Cents ($13,694.80) Per month for all services to be rendered pursuant to the Agreement and this Amendment No. 1 including, but not limited to, ail reimbursable items and subcontractor fees. 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 Gass postage pre -paid, and addressed to Contractor as specified in the Section entitled 'Notices.' 3. Paragraph 23 (e) of the Agreement shall be revised to read as follows: "This Agreement may be terminated. at anytime, without cause by City, 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 data of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach." 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: G �-- C Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk c � zoo I:\USERS\CAT\Shared\AG\TRUGREEN AMENDMENT.doc CITY OF NEWPORT BEACH, A Municipal Corporation John Heffernan, Mayor or the City of Newport Beach CONSULTANT: TRUGREEN LAND By:_ Title: (Corpor,4te Officer) Print Name: --� (Finanqal/Officer) Title: Print Name: 567b�&-) (�7 2 TRUGREEN LandCare' January 31,2008 Dan Sereno City of Newport Beach Parks and Trees Superintendent General ServicesDepartmeat 3300 Newport Blvd. P.O. Box 1768 Newport Beach,CA 92658 TruGreen LandCare West L.A. Branch 6245 1323 West 130th Street Gardena, California90247 Office: 310364 -1520 Fas 3103234780 California Contractors State License Board #774648 Dear Dan, As per our discussion, this letter serves as notice that TruGreen Landcare would be pleased to extend at current pricing the BCSP Landscape Maintenance Contract until August 29,2008. Sincerely, 6245 Branch Manager AMENDMENT NO. 2 TO AGREEMENT WITH TRUGREEN LANDCARE, L.L.C. FOR LANDSCAPE MAINTENANCE SERVICES FOR THE BONITA CANYON SPORTS PARK THIS AMENDMENT NO. 2 TO CONTRACTOR AGREEMENT, is entered into this _ day of March, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "CITY'), and TRUGREEN LANDCARE, L.L.0 ( "CONTRACTOR"), a limited liability corporation based in Delaware, whose office is located at 1323 West 13Wh Street, Gardena, California, 90247, and is made with reference to the following: RECITALS: A. On June 1, 2003, City.and Contractor entered into an Agreement in which Contractor was hired to provide landscape maintenance services at Bonita Canyon Sports Park, located on Bonita Canyon Road and Mesa Drive in the City of Newport Beach (hereinafter referred to as the "Agreement "). B. Total compensation . due Contractor under the Agreement was $116,736.00 per year, or $9,728 per month. The term of the Agreement was for one year, but it was automatically renewable on an annual basis by City for an additional four (4) years. The Agreement was automatically renewed for additional one year periods in June 2004 and 2005. C. In May 2005, Contractor notified City that it intended to exercise its option to terminate the Agreement unless the compensation under the Agreement was increased. Contractor said the Agreement was no longer economically profitable for the Contractor because of the rise in fuel costs, insurance, workman's compensation, and other expenses. D. On June 28, 2005, City and Contractor mutually agreed to Amendment No. 1, which increased the Contractor's compensation by $3,966.80 per month (or $47,601.60 per year), provided that Contractor agreed to provide all of the services outlined in.the Agreement for the remainder of the Agreement's term, or until June 1, 2008. E. The purpose of this Amendment No. 2 is to extend the term of the Agreement until August 29, 2008 to give the City time to find a new contractor to provide landscape maintenance of Bonita Canyon Sports Park and other City parks and facilities. F. City and Contractor mutually desire to amend the termination date as provided below, pursuant to this "AMENDMENT NO. 2." NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as,follows: Section 1, Term, of the AGREEMENT is amended to read as follows: "The term of this AGREEMENT shall commence on June 1, 2003 and terminate on August 29, 2008. CONTRACTOR acknowledges and agrees that CONTRACTOR shall have no right to continue service pursuant to the AGREEMENT, or otherwise, beyond the term of this AGREEMENT as amended by Amendment No. 2. CONTRACTOR agrees that upon termination of this AGREEMENT on August 29, 2008, CONTRACTOR will not contest CITY'S right to contract with any other person or entity pursuant to a Request for Proposal Process, or otherwise." 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first written above. [SIGNATURES ON FOLLOWING PAGE] APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich, Mayor for the City of Newport Beach CONTRACTOR: TRUGREEN LANDCARE, L.L.C. By: (Corporate Officer) Print Na (Financial Officer) Print Na 1: 1USERSICA- RShared\AWbigRTRUGREEN LANDCARE AMENDMENT N0.2.doc • a AMENDMENT NO. 1 TO AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR LANDSCAPE MAINTENANCE SERVICES FOR THE BONITA CANYON SPORTS PARK THIS p A,�M,ENDMENT NO. 1 TO CONTRACTOR AGREEMENT, entered into this day of June, 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City "), and TRUGREEN LANDCARE, L.L.C., a limited liability corporation, whose office is located at 1150 W. Trenton Avenue, Orange, California, 92867 (hereinafter referred to as "Contractor"), is made with reference to the following: RECITALS A. On June 1, 2003, City and Contractor entered into an Agreement in which Contractor was hired to provide landscape maintenance services at Bonita Canyon Sports Park, located on Bonita Canyon Road and Mesa Drive in the City of Newport Beach (hereinafter referred to as the "Agreement "). B. Total compensation due Contractor under the Agreement was $116,736.00 per year, or $9,728 per month. The term of the Agreement was for one year, but it was automatically renewable on an annual basis by City for an additional four (4) years. The Agreement was automatically renewed for additional one year periods in June 2004, and 2005. C. The Agreement also provided that Contractor may terminate the Agreement at anytime without cause on thirty (30) days written notice. Specifically, Paragraph 23.13. of the Agreement read as follows: "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 eamed and unpaid prior to the effective date of termination." D. In May 2005, Contractor notified City that it intended to exercise its option to terminate the Agreement unless the compensation under the Agreement was increased. Contractor said the Agreement was no longer economically profitable for the Contractor because of the rise in fuel costs, insurance, workman's compensation, and other expenses. E. City has agreed to increase Contractor's compensation under the Agreement by $3,966.80 per month ($47,601.60 per year), provided that Contractor agrees to provide all of the services outlined in the Agreement for the remainder of the Agreement's term, or until June 1, 2008. 0 a F. In addition, Contractor has agreed that the provision allowing it to cancel the Agreement on thirty (30) days written notice shall be deleted. Contractor may only terminate the Agreement in the event of nonpayment by City if the City does not cure said breach as specified in this Amendment. G. To this end, City and Contractor mutually desire to amend the Agreement, as provided in this Amendment No. 1. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 1 of the Agreement shall be revised to read as follows: "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 extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies the Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Contractor agrees to provide the services outlined in the Agreement for an additional three years, until June 1, 2008, unless City terminates the Agreement earlier, as provided in the Agreement." 2. Paragraph 4 of the Agreement shall be revised to read as follows: "Beginning July 1, 2005, the City shall pay Contractor the sum of Thirteen Thousand Six Hundred Ninety -Four Dollars and Eighty Cents ($13,694.80) per month for all services to be rendered pursuant to the Agreement and this Amendment No. 1 including, but not limited to, all reimbursable items and subcontractor fees. 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 the Section entitled 'Notices. "' 3. Paragraph 23 (B) of the Agreement shall be revised to read as follows: "This Agreement may be terminated at anytime, without cause by City, 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. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach." 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: G �-- C Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk c � zoo I:\USERS\CAT\Shared\AG\TRUGREEN AMENDMENT.doc CITY OF NEWPORT BEACH, A Municipal Corporation John Heffernan, Mayor or the City of Newport Beach CONSULTANT: TRUGREEN LAND By:_ Title: (Corpor,4te Officer) Print Name: --� (Finanqal/Officer) Title: Print Name: 567b�&-) (�7 2 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 June 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CIT FROM: General Services Department Michael Pisani, Acting Director, 949 - 644 -3055 mpisani@city.newport-beach.ca.us SUBJECT: Amendment to Agreement with TruGreen LandCare fi of Bonita Canyon Sports Park BYTHE CITY COt TY OF NEWPORT ISSUES: Should the City Council approve an amendment to the agreement with TruGreen LandCare for the maintenance of Bonita Canyon Sports Park, providing an increase in compensation to $164,337.60 per year and removing the contractor's right to cancel the agreement without cause? RECOMMENDATIONS: Approve Amendment No. 1 to the Agreement with TruGreen LandCare, L.L.C., increasing compensation paid to the contractor to $164,337.60 per year, and removing the contractor's right to cancel the agreement without cause prior to the expiration of the agreement. BACKGROUND: In April 2003, General Services Department staff mailed requests for proposals (RFPs) to ten landscape maintenance firms in preparation of the opening of Bonita Canyon Sports Park. Responses were received from four companies, and the quoted prices ranged from $116,736 to $411,600 per year for maintenance of the 40 acre facility. At its May 27, 2003 meeting, the City Council approved an agreement with the lowest bidder, TruGreen LandCare, to provide maintenance at the facility at an annual cost of $116,736. The agreement was executed on June 1, 2003. Amendment to Agreemle with TruGreen LandCare for Maintenance of Bonita Canyon Sports Park June 28, 2005 Page 2 DISCUSSION: The 2003 agreement with TruGreen was for a one -year term, which could be automatically renewed on an annual basis for four additional terms. The agreement was renewed in June 2004 and again earlier this month. The agreement does not contain any provision for an increase in compensation to the contractor over its term and allows either party to cancel the Agreement for any reason upon 30 days written notice. Last month, TruGreen submitted a request for additional compensation in the amount of $47,601.60 per year effective July 1 for their services due to increases in fuel costs, insurance, and worker's compensation (a copy is included as Attachment A). Staff evaluated their request and determined that granting this increase in cost is justified for a number of reasons. First, as a service provider and employer, we are aware of the substantial increases in fuel and insurance costs over the past 24 months. Second, the TruGreen maintenance quote for the park was lower than staff estimates in 2003. As a matter of fact, the second lowest quote in 2003 was $200,568 per year, $83,832 higher than TruGreen, a figure that more closely approximated our estimated annual expenditure for maintenance of this facility. Third, at the present time, TruGreen is maintaining a high usage park in an above - average manner. TruGreen is required to staff the park with three full -time employees, plus utilize additional manpower as required, and they are meeting this requirement. Finally, TruGreen has the right to cancel the current agreement upon 30 days notice. If the contract is substantially unprofitable, there is a strong possibility that TruGreen will opt out, leaving staff to search for a replacement contractor on a short time frame at a substantially higher cost. In return for this one -time increase in compensation, TruGreen has accepted the City request to remove their right to cancel the agreement without cause upon 30 days' notice. In doing so, TruGreen will have no leverage to seek an increase through the Agreement's expiration in June 2008. The City Attorney's Office has prepared an amendment incorporating the changes to the existing agreement for your approval (Attachment B). ENVIRONMENTAL REVIEW: This activity is not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. FUNDING AVAILABILITY: Funds for this increase in FY 05 -06 are included as an item on the Budget Checklist, to be considered at this meeting. Amendment to Agreent with TruGreen LandCare for Maintenance of Bonita Canyon Sports Park June 28, 2005 Page 3 SUMMARY: Staff from the General Services Department recommend approval of the Amendment No. 1 to the Agreement with TruGreen LandCare, L.L.C. for maintenance of Bonita Canyon Sports Park, as it will allow the contractor to continue to provide services to the City at a lower cost than we would be able to achieve from another contractor. Submitted by: Michael Pisani Acting General Services Director Attachments: (A) Letter dated June 7, 2005 from TruGreen LandCare regarding renewal of landscape services at Bonita Canyon Sports Park (B) Amendment No. 1 to Agreement with TruGreen LandCare, LLC for Landscape Maintenance Services for the Bonita Canyon Sports Park TRUGREEN LaNCare June 7, 2005 Mr. Dan Sereno CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92658 Fax: 949/650 -5643 Re: Renewal of Landscape Services at Bonita Canyon Sports Park Dear Mr. Sereno: • TruGreen LandCare 1150 W. Trenton Ave Orange, CA 92867 Office. 714628 -1010 Fam 714628 -1011 California Contractor's Licence #774548 TruGreen LandCare, Branch 6246 would be pleased to renew our existing contract with The City of Newport Beach for Landscape Maintenance Services at Bonita Canyon Sports Park. Our current price is $116,736.00 annually or $9782.00 monthly. At this time we would also like to request an increase due to the rise in fuel cost, insurance, workman's comp, etc; in the final analysis this increase would allow us to better meet the requirements of the contract, thus further fulfilling our commitment to The City of Newport Beach. This increase would bring the amount to $164,337.60 annually or $13,694.80 monthly. We feel that it would be beneficial to The City of Newport Beach, to continue the contract as noted above, which would allow the city to plan its budget well in advance. Extension of this contract would save the City the cost of going out to bid and should a new contractor be awarded the contract, the extra time, cost and energy your staff would be required to spend with a new contractor getting to know the areas. Please be informed that effective July 1, 2005 this new rate will be in effect. TruGreen - LandCare has been working with the City of Newport Beach over the last few years, and we all work very hard to provide the quality of service that the City expects and deserves. With out the above noted increase, servicing the Bonita Canyon Sports Park contract at the current level would prove to be a difficult task. We would like to continue this business relationship well into the future. In the context of the above increase, TruGreen LandCare will eliminate the 30 day notice of cancellation as stated in the Bonita Canyon Sports Park Landscape Maintenance Services Contract ; and will honor the proposed new fixed rate for a period of three years hence forth. Should you have any questions or concerns please do not hesitate to contact me. Joel Ge Branch 6246 c.c. Mike Risani, Sergio Hernandez 0 0 • AMENDMENT NO. 1 TO AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR LANDSCAPE MAINTENANCE SERVICES FOR THE BONITA CANYON SPORTS PARK THIS AMENDMENT NO. 1 TO CONTRACTOR AGREEMENT, entered into this day of June, 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City"), and TRUGREEN LANDCARE, L.L.C., a limited liability corporation, whose office is located at 1150 W. Trenton Avenue, Orange, Califomia, 92867 (hereinafter referred to as "Contractor'), is made with reference to the following: RECITALS A. On June 1, 2003, City and Contractor entered into an Agreement in which Contractor was hired to provide landscape maintenance services at Bonita Canyon Sports Park, located on Bonita Canyon Road and Mesa Drive in the City of Newport Beach (hereinafter referred to as the "Agreement"). B. Total compensation due Contractor under the Agreement was $116,736.00 per year, or $9,728 per month. The term of the Agreement was for one year, but it was automatically renewable on an annual basis by City for an additional four (4) years. The Agreement was automatically renewed for additional one year periods in June 2004, and 2005. C. The Agreement also provided that Contractor may terminate the Agreement at anytime without cause on thirty (30) days written notice. Specifically, Paragraph 23.B. of the Agreement read as follows: "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." D. in May 2005, Contractor notified City that it intended to exercise its option to terminate the Agreement unless the compensation under the Agreement was increased. Contractor said the Agreement was no longer economically profitable for the Contractor because of the rise in fuel costs, insurance, workman's compensation, and other expenses. E. City has agreed to increase Contractors compensation under the Agreement by $3,966.80 per month ($47,601.60 per year), provided that Contractor agrees to provide all of the services outlined in the Agreement for the remainder of the Agreement's term, or until June 1, 2008. • • F. In addition, Contractor has agreed that the provision allowing it to cancel the Agreement on thirty (30) days written notice shall be deleted. Contractor may only terminate the Agreement in the event of nonpayment by City if the City does not cure said breach as specified in this Amendment. G. To this end, City and Contractor mutually desire to amend the Agreement, as provided in this Amendment No. 1. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 1 of the Agreement shall be revised to read as follows: "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 extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies the Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Contractor agrees to provide the services outlined in the Agreement for an additional three years, until June 1, 2008, unless City terminates the Agreement earlier, as provided in the Agreement." 2. Paragraph 4 of the Agreement shall be revised to read as follows: "Beginning July 1, 2005, the City shall pay Contractor the sum of Thirteen Thousand Six Hundred Ninety -Four Dollars and Eighty Cents ($13,694.80) per month for all services to be rendered pursuant to the Agreement and this Amendment No. 1 including, but not limited to, all reimbursable items and subcontractor fees. 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 the Section entitled 'Notices.'" 3. Paragraph 23 (B) of the Agreement shall be revised to read as follows: "This Agreement may be terminated at anytime, without cause by City, 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. The 9 0 • Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach." 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk 0 IAUSERMCAMhareMAMTRUGREEN AMENDMENT.doa CITY OF NEWPORT BEACH, A Municipal Corporation By: Steve Bromberg, Mayor for the City of Newport Beach CONSULTANT: TRUGREEN LANDCARE, L.L.C. By: (Corporate Officer) Print Name: (Financial Officer) Print Name: It CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 1st day of June of 2003, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City "), and TruGreen LandCare, a General Partnership ( "Contractor or TruGreen LandCare "), 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, In 1997, the City Council directed staff to proceed with privatization of park maintenance services upon the completion of Bob Henry Park. WHEREAS, The east and mid park portions of a new park, Bonita Canyon Sports Park, will be completed in May 2003; and a Request for Proposals (RFP) to provide park and landscape maintenance at Bonita Canyon Sports Park was mailed to ten firms in April 2003. WHEREAS, TruGreen- Cheml-awn Company ( "Contractor") submitted the lowest bid among the four firms which responded to the RFP. WHEREAS, The Contractor desires to enter into an 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 April 2003 RFP includes technical specifications and water management responsibilities by which the Contractor shall execute this agreement, and the RFP is hereto attached and considered to be part 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 1 the initial term or any automatic extension, of its intent to ter iinate 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 ("Contract Services ") requirements at the landscape maintenance locations listed in Exhibit C. The Contract Services 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. Contract Services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit B. 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. 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. 2 F. All vehicles" dh the work shall be in and equipment used in conjunction 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 Branch Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. An area manager 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 $116,736.00 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 7. A. Contractor shall use only the standard materials described in Exhibit B in performing Contract Services. Any deviation from the materials described in Exhibit B shall not be installed unless approved in advance by the City Administrator. B. 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. 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 pipe #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. B. 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 fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall defend, 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. 4 0 10. INSURANCE 0 A. In addition to Contractor's obligation to defend, indemnify, and hold City harmless, Contractor shall obtain and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Insurance policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to performing any Contract Services. B. Prior to the commencement of work, Contractor shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements. At the option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class A -7 or better carriers: 1. Worker's Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and one million dollars ($1,000,000) per accident Employers' Liability; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury; and property damage. If the policy contains a general aggregate limit, then the aggregate limit shall not be less than two million dollars ($2,000,000); 3. Commercial auto liability and property insurance covering all owned and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage; D. Endorsements to the policies providing the above insurance shall be obtained by Contractor, adding the following three provisions: 1. Additional Insured: "The City of Newport Beach and its elected and appointed boards, officers, agents, and employees as additional insured." 2. Notice: "The policy shall not terminate, nor shall it be canceled or the coverage reduced, until thirty (30) days after written notice is given to City." iy u 0 9 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. 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. 6 0 0 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 five hundred dollars ($500). B. City reserves the right to withdraw certain 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 7 in Exhibitstand E. In the event the location isTivithdrawn 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 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 0 A. The Contralor or its employees may be subjetto 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 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. 0 B. This Agreement may be terminated at anytime "Rithout 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. 26. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 27. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. aF y ATTEST: �q s Q LaVonne Harkfess, City Clerk APPROVED AS Daniel K. Ohl, Deputy City ttorney F:\cat\users\shared\Ag\TruGreen.doc da\07-25-00 11 CITY OF NEWPORT BEACH A Municipal Corporation go TruGreen LandCare r' By:., Title: 'yE �A 0 LIST OF EXHIBITS Exhibit A Maintenance Frequency Summary Exhibit B Standard Materials Exhibit C Locations Exhibit D Unit Prices Exhibit E Bid Unit Costs 12 ot) MAY r. 2003 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT City Council Agenda Item No. 12 May 27, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department David E. Niederhaus, Director, 644 -3055, dniederhausOcitV.newport- beach.ca.us SUBJECT: Award of Landscape Maintenance Agreement for Bonita Canyon Sports Park APPLICANT NAME: N/A RECOMMENDATIONS: Approve the attached agreement with TruGreen LandCare to provide landscape maintenance of Bonita Canyon Sports Park at an annual cost of $116,736 for the entire park; and authorize the contract to take effect June 1, 2003 for services to commence only at the completed areas of the Park (mid and east areas). DISCUSSION: Background: Following an extensive study in 1995, it was determined that it would be in the City's economic interest if the landscaping of public medians and roadsides was performed by private contract. On April 8, 1996, the City entered into a 5 -year contract with California Landscape Maintenance, Inc. (CLM) to perform the first private landscape maintenance functions for medians and roadside areas. In January 2000, CLM was purchased by TruGreen- Cheml-awn 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. TGL currently provides landscape maintenance for all medians and roadside areas in other parts of the City. Additionally, TGL maintains 80 acres of City parks. In April 2003, staff mailed requests for proposals (RFP) for Bonita Canyon Sports Park to ten landscape maintenance companies in preparation for assumption of landscape /park maintenance at the Park. Four companies responded to the RFP • Bonita Canyon Sports PalOMaintenance Agreement May 27, 2003 Page 2 including TGL, American Landscape Maintenance, Valley Crest Landscape Maintenance and Park Landscape Maintenance. The results were as follows: TruGreen LandCare $116,736/year Park Landscape Maintenance $200,568 /year Valley Crest Landscape Maintenance $256,500 /year American Landscape Maintenance $411,600 /year Staff recommended that TGL be awarded the contract based on current governmental experience by the contractor, proposed staffing levels, past performance of the contractor, as well as cost of service (low bid) of $116,736 per year. Analysis: The construction of Bonita Canyon Sports Park began in July 2000 and the maintenance period by the general contractor of the east and mid -park locations in the Park will conclude on May 31,2003. The proposed maintenance agreement provides for the entire landscape maintenance of the Park with the finished portions of the Park (i.e. the mid and east park areas) being assumed on June 1, 2003. The west park area will be assumed by the City for landscape maintenance in September using the proposed maintenance agreement. The low bidder, TGL, is currently performing the landscape maintenance of all City medians and roadsides and 80 acres of parks. The attached agreement with TGL is proposed for a five -year term, with automatic renewal on an annual basis 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. The agreement does not include provisions for annual rate adjustments based on increases to the consumer price index (CPI). 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 and landscape maintenance schedules are detailed in the proposed agreement. City staff will monitor TGL activities on a daily and weekly basis. 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 TGL's required daily, weekly, monthly, and annual reports of maintenance activities to make adjustments as necessary. Environmental Review This project does not require environmental review. Prepared by: ar elino G. omeli Parks and Trees Superintendent Bonita Canyon Sports Park aintenance Agreement May 27, 2003 Page 3 Submitted by: David E. Niederhaus General Services Director Attachment: (A) Landscape Maintenance Agreement CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 1 st day of June of 2003, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City "), and TruGreen LandCare, a General Partnership ( "Contractor or TruGreen LandCare"), 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, In 1997, the City Council directed staff to proceed with privatization of park maintenance services upon the completion of Bob Henry Park. WHEREAS, The east and mid park portions of a new park, Bonita Canyon Sports Park, will be completed in May 2003; and a Request for Proposals (RFP) to provide park and landscape maintenance at Bonita Canyon Sports Park was mailed to ten firms in April 2003. WHEREAS, TruGreen- ChemLawn Company ( "Contractor") submitted the lowest bid among the four firms which responded to the RFP. WHEREAS, The Contractor desires to enter into an 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 April 2003 RFP includes technical specifications and water management responsibilities by which the Contractor shall execute this agreement, and the RFP is hereto attached and considered to be part 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: 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 0 automatically be extended for four (4) additional one extensions) with the first extension to commence upon the unless the City notifies Contractor in writing at least thirty the initial term or any automatic extension, of its intent to the conclusion of the initial term or any extension. 2. 0 (1) year terms (automatic expiration of the initial term, (30) days before the end of terminate this Agreement at Contractor shall perform the services specifically described in, and in strict compliance with the Scope of Work ( "Contract Services ") requirements at the landscape maintenance locations listed in Exhibit C. The Contract Services 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. Contract Services 'relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit B. 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. 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. 2 ! • 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 post "Serving the City of Newport Beach." G. Contractor shall provide an Branch Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. An area manager 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 $116,736.00 per year. Contractor shall submit invoice$ 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 ari 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 B in performing Contract Services. Any deviation from the materials described in Exhibit B shall not be installed unless approved in advance by the City Administrator. B. 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 3 7. 0 0 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. 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 4 • 0 fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall defend,. 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 option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class A -7 or better carriers: 1. Worker's Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and one million dollars ($1,000,000) per accident Employers' Liability; 5 0 0 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, 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 P 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. 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. 7 • • 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 fumish 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 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 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 worts E • • 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 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 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 0 0 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 1150 West Trenton Avenue Orange, CA 92867 23. TERMINATIONIDEFAULT 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 10 0 0 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. 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 samd or any other term, covenant or condition contained herein whether of the same or a different character. 27. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall 11 0 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 F.\cat users%hared\AglTruGreen4ac da105.19-03 12 CITY OF NEWPORT BEACH A Municipal Corporation By: TruGreen LandCare By: Title: >, c ";j 0 0 LIST OF EXHIBITS Exhibit A Maintenance Frequency Summary Exhibit B Standard Materials Exhibit C Locations Exhibit D Unit Prices Exhibit E Bid Unit Costs 13 0 EXHIBIT A 0 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 Four times /year Vertical Mow Once/year Aerate Four Times/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 (once/year for trees) Restake/Check Each site visit/every two weeks min. Visual Inspection Weekly Hardscape Maintenance Seven days/ week Grounds Policing/Litter Removal Seven days/ week Site Inspection Seven days/ week 13 EXHIBIT B 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: Heads Toro 570 Pop Up (small turf areas) Rain Bird 3500 (small/medium turf areas) Rain Bird 5000 (medium turf areas) Toro 2001 (large turf areas) Toro 640 (large turf areas) Toro 570 Pop Up / Shrub Adapter (small slope & groundcover areas) Toro 300 Stream Rotor (medium slope & groundcover areas) Toro XP 300 Stream Rotor (large slopes & groundcover areas) Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City, please contact Randy Kearns Parks Supervisor at (949) 644 -3082 to confirm. Controller Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain Master (805) 527 -4498 Rain Master RME Sentar (contact City before using) Drip and specialized low - volume irrigation Rain Bird Xerigation Miscellaneous Febco 825Y RP Rain Bird #ST -03UL Snap Tite Connectors Rain Bird #PT -55 Snap Tite Sealer Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Griswold DW Series. Valve (Control Valve) Griswold 2000 Series Valve (Normally Open Master Valve) Matco 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) 14 0 Miscellaneous Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller) Rectangle Valve Box - Plastic 18 "L X 12 "W X 12 "D Round Valve Box - Plastic - 10" 0 Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation Rain Master EVFM Flow Sensor 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. 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. 15 0 EXHIBIT C • LOCATION Bonita Canyon Sports Park LOCATIONS 16 EXHIBIT D 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 $1.75/1000 Sq. Ft. Turf Mow -Rotary Blade $1.25/1000 Sq. Ft. Turf Mow and Clippings Picked Up $2.75/1000 Sq. Ft. Turf Edge $6.00/1000 Linear Ft. Turf String Trim $6.00/1000 Linear Ft. Turf Chemical Edge 6" Swath $20_00/1000 Linear Ft. Turf Chemical Edge 12" Swath $60_00/1000 Linear Ft. Turf Aerify $9.00 /1000Sq.Ft. Turf Fertilize $9—.0011000 Sq. Ft. Turf Dethatch/Renovate $450.00 /Acre Turf Sweeping $2.00/1000 Sq. Ft. Flail Mow of Natural Areas $90.00 /Acre HARDSCAPE Cleaning and weed abatement $1.00 /1000 Sq. Ft. GROUNDCOVERS Mow $20_00/1000 Sq. Ft Edge $6.00/1000 Linear Ft. Fertilize $9.00/1000 Sq. Ft. Ibl SHRUB PRUNING 1-4 Feet, Lacing $1000 /Shrub PEST CONTROL $6.00 /Shrub Turf disease/insect spray $18_00 /Shrub Boom Application $3.50/1000 Sq. Ft. Hand Application $8.00/1000 Sq. Ft. Turf Broadleaf Spray $30_00/Tree Boom Application $4_00/1000 Sq. Ft. Hand Application $8.00 /1000 Sq. Ft Groundcover disease/insect spray $4.00/1000 Sq. Ft. Shrub disease/insect spray $8.00 /1000 Sq. Ft. Soil Sterilant Applicant $12_00/1000 Sq. Ft. Turf Pre- Emergent $12_00/1000 Sq. Ft. Landscape Planter Weed Control $7.00/1000 Sq. Ft. General Weed Control Post Emergent $7.00/1000 Sq. Ft. SHRUB PRUNING 1-4 Feet, Lacing $1000 /Shrub 1 -4 Feet, Hedging $6.00 /Shrub 4 plus Feet, Lacing $18_00 /Shrub 4 plus Feet, Hedging $12_00 /Shrub TREE PRUNING $35_00/Hour Up to 8 Feet $30_00/Tree PLANTING $55.00/Hour 1 Gal. Shrub/Tree $6.50/Each 5 Gal. Shrub $12.00/Each 5 Gal. Tree $16.00/Each 15 Gal. Shrub $70.00/Each 24" Box Tree $170.00/Bach 64 Count Flat Groundcover $20.00/Flat Turf -Seed and Top Dress $25_00/1000 Sq. Ft. Turf -Sod $1.000.00 /1000 Sq. Ft. LABOR Landscape Maint. Laborer $18.00/Hour Landscape Maint. Leadworker $25_00/Hour Landscape Maint. Supervisor $30_00/Hour Irrigation Specialist $35_00/Hour Pest Control Applicator $40_00/Hour Tree Trimmer $55.00/Hour Equipment Operator Heavy Equip. $65_00/Hour 18 • EXMBIT E 0 BID UNIT COST LOCATION JUNIT COSWYEAR Bonita Canyon Sports Park $116,736.00 19