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]
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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
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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.
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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.
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C. Contractor shall repair damaged irrigation pipes, controllers and valves
only after the City Administrator has approved a written estimate of the
cost of repair. '
D. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover, mulch and bark) which requires
replacement due to the failure of Contractor to properly perform the
services required by this Agreement or has been damaged by the acts of
Contractor or its employees. Contractor shall replace plant materials
damaged or destroyed by the acts of others only after the City
Administrator approves a written estimate of the costs of replacement
including 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.
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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."
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3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit Instituted arising out of Contractor's performance of this Agreement
Contractor shall also procure and maintain, at its own cost and expense,
any additional kinds of insurance, which in its own judgment may be
necessary for its 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.
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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
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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
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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.
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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.
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10. INSURANCE
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A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
1. 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."
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3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense,
any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
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.
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C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within ten (10) days after the end of each month. Irrigation programming
schedules will be submitted monthly. A phone log will be submitted
monthly of all calls from the City of Newport Beach General Services
Department and the City of Newport Beach Police Department to the
Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
13. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his /her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional turfgrass maintenance or landscape
maintenance services as requested by the Administrator. The
Administrator may give verbal authorization for additional services up to
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
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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
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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.
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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.
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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.
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D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Parks and Tree
Maintenance Superintendent when performing Contract Services. All
Contractor personnel shall wear identification badges or patches. Those
contract employees working in or adjacent to traffic zones shall wear
orange vests.
E. All work shall be performed in accordance with the highest landscape
maintenance standards.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards (mowers, etc.).
All vehicles shall bear the identification of the Contractor and clearly 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
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7.
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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
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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;
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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.
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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
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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
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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
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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)
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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