HomeMy WebLinkAboutC-3807 - Contract Service Agreement - Landscape Maintenance Services to City Parks and Facilities• • C-*Dp
CONTRACT SERVICE AGREEMENT FOR
LANDSCAPE MAINTENANCE
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THIS AGREEMENT, entered into this tay of August, 2005, ( "Commencement
Date ") by and between the City of Newport Beach, a Municipal Corporation and Charter City
( "City "), and Park West Landscape Maintenance, Inc. ( "Contractor "), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. Prior to August 1997, City maintained turfgrass in City parks and facilities
using its own employees and equipment.
C. Subsequently, City determined it to be in the City's best economic interests
that these landscaping and maintenance functions be performed by a private contractor.
D. City desires to engage Contractor to provide landscaping and maintenance
services to the City.
E. Contractor possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to retain
Contractor to render landscape and maintenance services under the terms and conditions set
forth in this Agreement.
G. Contractor acknowledges that City has relied upon Contractor's
representations and Contractor commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement.
H. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications relative to the type, nature and frequency of work to be
performed, is familiar with all conditions relevant to the performance of services, and has
committed to perform all required work for the price specified in this Agreement.
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NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Unless earlier terminated in accordance with Section 26 of this Agreement, 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 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. Time is of the essence in the performance of services under this Agreement.
2. SCOPE OF SERVICES
A. In compliance with all terms and conditions of this Agreement, Contractor
shall perform the landscape and maintenance services specifically described in, and in strict
compliance with the requirements of Exhibit A (Scope of Work), which services may be
referred to herein as the "services" or "work" hereunder, at the park and facility locations
noted by Exhibits B and C. The services shall be performed at least as frequently as specified
in Exhibit D and in compliance with the time schedule set forth in Exhibit E. City shall have
the right to alter frequency of maintenance as necessary to ensure highest industry standards
of maintenance. Contractor services relative to the installation of material, the application of
substances, or the planting of landscaping shall be in strict conformance with Exhibit F.
Reports shall be submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices
and Costs are contained in Exhibits H through J. All of the Exhibits are considered to be a
part of, and are incorporated into, this Agreement by reference.
B. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized by one or more first -class firms performing similar work under similar
circumstances.
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3. WORKMANSHIP, SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the contract
services. The Contractor shall comply with all State and Federal legal requirements
regulating the right to work in the United States of America to ensure that all members of the
work force have the legal right to perform work under this Agreement. Contractor shall make
any records related thereto available to the City within ten (10) days of receiving a written
request for said records by the City.
B. All contract services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be performed by a certified California
Landscape Contractors Association Landscape Technician I (irrigation). All pesticide
operations, where required, shall be performed by a California State Licensed Pest Control
Operator through written recommendation by a California State Licensed Pest Control
Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws
and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost
and expense, all professional and technical personnel (in addition to irrigation and pesticide
specialists) necessary to properly perform contract services.
C. The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications. All supervisory
personnel must be able to communicate effectively in English (both orally and in writing).
Any order given to supervisory personnel shall be deemed delivered to the Contractor. The
supervisor assigned must be identified by name to ensure coordination and continuity. At a
minimum, Contractor shall provide, in addition to one (1) supervisor, eleven (11) full -time
positions including one (1) leadworker, two (2) full -time irrigation technicians each with a
fully stocked vehicle, four (4) positions to perform the mowing/turf maintenance, and four (4)
positions to perform detailed maintenance.
D. All Contractor personnel working under this Agreement shall be neat in
appearance and in uniforms as approved by the Parks and Trees 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 perfonned in accordance with the highest landscape and
maintenance standards.
F. All vehicles and equipment (mowers, etc.) used in conjunction with the work
shall be in good working order and have appropriate safety guards. All vehicles shall bear the
identification of the Contractor.
G. Contractor shall provide an Operations Manager to coordinate work with the
City Administrator and ensure satisfactory performance of contract services. An area
supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms
of this Agreement.
4. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the Contractor's performance of the services required by this Agreement,
and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes
penalties or interest levied, assessed or imposed against City hereunder.
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be
responsible for the service of the other.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $390,315 per year ( "Contract Amount ") to
perform all the work and services contemplated by and described in Exhibits A through G.
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 ".
Upon the second anniversary of the Commencement Date and upon each anniversary
of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion
to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase
set forth below. Such adjustment shall be made by multiplying the original Contract Amount
by a fraction, the numerator of which is the value of the Consumer Price Index for the
calendar month three (3) months preceding the calendar month for which such adjustment is
to be made and the denominator of which is the value of the Consumer Price Index for the
same calendar month immediately prior to Commencement Date. For example, if the
adjustment is to occur effective June 1, 2007, the index to be used for the numerator is the
index for the month of March 2007 and the index to be used for the denominator is the index
for the month of March preceding the Commencement Date. The "Consumer Price Index" to
be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items),
for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States
Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index
and one or more unofficial indices are published, the official index shall be used. If said
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Consumer Price Index is no longer published at the adjustment date, it shall be constructed by
conversion tables included in such new index. In no event, however, shall the amount
payable under this Agreement be reduced below the Contract Amount in effect immediately
preceding such adjustment. No adjustment shall be made on the first anniversary of the
Commencement Date. The maximum increase to the Contract Amount, for any year where
an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed
2.5% of the Contract Amount in effect immediately preceding such adjustment.
7. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting the
work are under the control of Contractor, except to the extent they are limited by statute, rule
or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute approval for Contractor or any of Contractor's employees or agents, to
be the agents or employees of City. Contractor shall have the responsibility for and control
over the means of performing the work, provided that Contractor is in compliance with the
terms of this Agreement. Anything in this Agreement that may appear to give City the right
to direct Contractor as to the details of the performance or to exercise a measure of control
over Contractor shall mean only that Contractor shall follow the desires of City with respect
to the results of the services.
8. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit F in
performing contract services. Any deviation from the materials described in Exhibit F shall
not be installed unless approved in advance by the City Administrator.
B. Subject to the provisions of Section 9, City shall reimburse Contractor for the
actual cost, plus 15 %, of all irrigation materials installed by Contractor in the performance of
contract services. Actual cost shall be the best price available to Contractor including all
applicable discounts. Contractor shall provide City with a schedule of typical costs of
irrigation parts, plant materials and other commonly used items within thirty (30) days from
the date of this Agreement and within thirty (30) days of each anniversary of the
Commencement Date. Contractor shall retain records reflecting the actual cost of parts or
materials used and the performance of services required by this Agreement.
C. City reserves the right to purchase material or parts and make same available
to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to
Contractor's obligation to use City provided parts and /or materials. Contractor shall secure,
store, inventory, distribute and control all materials or parts provided to Contractor by City.
Contractor shall make all materials and inventory available to the City upon request.
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9. REPAIR/REPLACEMENT
A. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, except such
losses or damages as may be caused by City's sole negligence or willful misconduct.
B. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives or
officers.
D. Contractor shall repair damaged irrigation pipes, controllers and valves only
after the City Administrator has approved a written estimate of the cost of repair.
E. 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.
10. FAMILIARITY WITH WORK
A. By executing this Agreement, Contractor warrants that Contractor (a) has
thoroughly investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Contractor warrants that Contractor has investigated the site and is fully
acquainted with the conditions there existing, prior to commencement of services hereunder.
Should the Contractor discover any latent or unknown conditions, which will materially
affect the performance of the services hereunder, Contractor shall immediately inform the
City of such fact and shall not proceed except at Contractor's risk until written instructions
are received from the City.
B. City and Contractor agree that City has made no representation regarding the
order or condition of any area or location for which Contractor is to provide services or that
the site or location of work will be free from defects, apparent or hidden, at the
commencement of, or at any time during the term of this Agreement.
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11. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and employees
(collectively, the "Indemnified Parties ") from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements
and court costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to any work
performed or services provided under this Agreement (including, without limitation, defects
in workmanship and/or materials) or Contractor's presence or activities conducted on the
Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its
principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be liable or
any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Contractor.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on file
with City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A (or higher)
and Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
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D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California; however, in no event shall
the Employer's Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately to the
work to be performed under this Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two
million dollars ($2,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile
liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to liability arising out of
work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City,
its elected or appointed officers, officials, employees, agents and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from the Contractor's operations or
services provided to City. Any insurance maintained by City, including any self - insured
retention City may have, shall be considered excess insurance only and not contributory with
the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers, officials, employees,
agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar
days (10 calendar days written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's performance
under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted or
purported assignment without consent of City shall be null and void. Contractor
acknowledges that these provisions relative to assignment are commercially reasonable and
that Contractor does possess special skills, abilities, and personnel uniquely suited to the
performance of contract services and any assignment of this Agreement to a third party, in
whole or in part, could jeopardize the satisfactory performance of contract services.
Contractor may not employ any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venture which shall result in changing the control of Contractor, shall be construed as an
assignment of this Agreement.
14.
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
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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.
15. 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 fiirnish 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.
16. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance services as
requested by the Administrator. The Administrator may give verbal authorization for
additional services up to $500. Administrator shall provide Contractor with written
authorization prior to the performance of any additional services that exceed $500.
Contractor shall be compensated for additional services in accordance with the unit prices
specified in Exhibits H through J.
B. City reserves the right to withdraw certain park or facility locations from the
Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify
Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the scope of services,
compensation to Contractor shall be reduced in accordance with the bid unit costs specified
in Exhibits I and J. In the event the location is withdrawn for a period of less than a full 1
(one) year term, Contractor's compensation shall be reduced on a prorated basis.
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17. 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.
18. WORK DEFICIENCIES AND CORRECTIONS
A. Irrigation- related work deficiencies shall be corrected within twenty -four (24)
hours of written notification from the City or prior to the scheduled watering; whichever is
earlier. Malfunctions resulting in continuously running water shall be repaired immediately.
All other work deficiencies of Contractor shall be corrected in a timeframe per the City's
discretion. Written notification may be hand delivered, e- mailed, faxed, or mailed. As soon as
the Contractor has corrected the listed deficiencies, the Contractor shall notify the City and
request inspection of the corrective work. Deficiencies listed in the Notice of Deficiency shall
not be considered as having been corrected until the City has inspected the site to verify that the
listed deficiencies have been corrected and has approved the corrective work in writing.
B. Failure to correct the deficiencies listed in the Notice of Deficiency within the
timeframe specified by the City (or within 24 hours in the case of irrigation- related deficiencies)
may, in the City's sole discretion, result in action being taken by the City, including, but not
limited to, (a) correcting the deficiency (using the City's own work force and/or by contracting
out) and deducting any associated costs phis overhead incurred thereby from the total monthly
compensation due the Contractor; (b) deletion of site(s) from the Contract and reducing the
corresponding compensation for that month; (c) contracting with another Vendor to perform the
maintenance and other services required for the remainder of the term of the Contract with
respect to the site where the deficiencies exist and deducting from the Contractor's total
compensation under the contract any costs that City pays or becomes obligated to pay the new
Contractor, including expenses City incurs over and above the monthly billing rate by the
Contractor for that site; (d) terminating the agreement; and/or (e) taking any other action and
exercising any other legal remedy available to the City under law.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses.
20.
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the amount of this Agreement, in the form provided
by the City Clerk, which secures the faithful performance of this Agreement, unless such
requirement is waived by the City Administrator. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a
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certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during the entire tenn of the Agreement and shall be null and void only if the
Contractor promptly and faithfully performs all terms and conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory only if
issued by a company qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and
only if they are of a financial category Class VII or better, unless such requirements are
waived by the Risk Manager of the City.
21. 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.
C. This agreement shall be paid in accordance Section 1770 of the California
State Labor Code and in accordance with the terms of the Southern California Master
Labor Agreement, which has established a prevailing rate of per diem wages to be paid in
the performance of this agreement. The Director of Industrial Relations has ascertained
the general prevailing rate of per diem wages in the locality in which the work is to be
performed for each craft, classification, or type of workman or mechanic needed to
execute the contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive).
22. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against
any subcontractor, Contractor, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin, or other basis that is violative of the federal or
state constitution or federal or state law. Contractor's obligation not to discriminate shall
apply, but not be limited to, the following: employment, upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
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24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeable financially affect such interest. The Contractor will
provide a completed disclosure form noting the above. Contractor will comply with the Act
and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Contractor shall indemnify and hold harmless the City for any
claims for damages resulting from the Contractor's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must be
given in writing and will be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States mail, postage prepaid, registered or
certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Park West Landscape Maintenance, Inc.
Attn: Dustin Kemmerer, Director of Sales
22421 Gilberto, Suite A
Rancho Santa Margarita, CA 92688
26, TERMINATIONMEFAULT
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
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period of two (2) working days, or if more than two (2) working days are reasonably required
to cure the default and Contractor fails to give adequate assurance of due performance within
two (2) working days after Contractor receives written notice of default from City, City may
terminate the Agreement forthwith by giving written notice. City may, in addition to the
other remedies provided in this or authorized by law, terminate this agreement by giving
written notice of termination.
B. This agreement may be terminated without cause by City 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."
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 retain funds withheld
until the City Administrator determines that contract services are performed as well and as
frequently as required by this Agreement.
27. 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 attorneys' fees shall not be recoverable by the prevailing party.
28. COMPLIANCE WITH LAW
All services rendered hereunder by Contractor shall be provided in accordance with
all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State
or local governmental agency having jurisdiction in effect at the time service is rendered.
29. 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.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements of
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whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied
covenant shall be held to vary the provisions hereon.
31.
This Agreement may be modified or amended only by a written document executed
by both Contractor and City and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
33. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated in a court
of competent jurisdiction in the Comity of Orange.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
ATTEST:
�2ap-A' /' '/' -7
CITY CLERK
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
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CITY OF NEWPORT BEACH
A Municipal Corporation
By
UMayor John Heffernan
By:
_ // —
ark West Landscape
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List of Exhibits
Exhibit A
Scope of Work
Exhibit B
Park/Facility Maintenance Locations
Exhibit C
Park and Facility Turfgrass Maintenance Locations
Exhibit D
Maintenance Frequency Schedule
Exhibit E
Park and Facilities Mandatory Schedule
Exhibit F
Standard Materials
Exhibit G
Required Reports
Exhibit H
Unit Costs
Exhibit I
Bid Unit Costs (Park/Facility Maintenance Locations)
Exhibit J
Bid Unit Costs (Park and Facility Turfgrass Maintenance Locations)
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I. INTENT
EXHIBIT A
Scope of Work
9
The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that such sites be
kept in a healthy, vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform park
maintenance as described herein including, but not limited to, the following:
1. Turfgrass weed eradication and control both mechanically and with chemicals
2. Fertilizing.
3. Irriagtion repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hardscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
III. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00
AM and 5:00 PM, Monday through Friday, except as specified in Exhibit E or
with written approval by the City Administrator. No Saturday or Sunday work is
to be scheduled other than litter control and refuse collection, without permission
from the City, unless it is an emergency situation. No motorized equipment shall
be operated before 8:00 AM nor after 5:00 PM, except as specified in Exhibit E.
IV. TERM OF CONTRACT
The term of this agreement shall be for a period of twelve (12) months. The City
reserves the right to terminate the agreement unilaterally at any time upon thirty
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(30) days written notice to the Contractor. Unless terminated by the City, the
Agreement will be automatically renewed in one (1) year increments. In
determining whether the Agreement should be terminated, the City will evaluate
the performance of the Contractor and determine whether the Contractor's
performance is satisfactory.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest park maintenance
standards, as stated in the enclosed maintenance specification description.
Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within this
document and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and /or failure to
perform an item or work on a scheduled day may, at the City's sole
discretion, result in deduction of payment for that date or week. Payment
will be retained for work not performed until such time as the work is
performed to City standard.
The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject
deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments.
VI. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with the
Contractor and the City representative to determine progress and to establish areas
needing attention. A monthly maintenance schedule will be submitted in writing
to the City by the first of said month.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor and
if not corrected, payment to the Contractor will not be made until condition is
corrected in a satisfactory manner as set forth in the specifications.
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VII. SPECIFICATIONS
VIII.
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the
work called for in these specifications or reasonably implied by terms of same.
Work or materials of a minor nature which may not be specifically mentioned, but
which may be reasonably assumed as necessary for the completion of this work,
shall be performed by the Contractor as if described in the specifications.
All correspondence shall be addressed to Dan Sereno, Parks and Trees
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884.
IX. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is
given for said work and the estimate is approved by the City before the work is
commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be required on some
occasions.
X. STREET CLOSURES, DETOURS, BARRICADES
Warning signs, lights, and devices shall be installed and displayed in conformity
with "The California Manual on Uniform Traffic Devices" for use in performance
of work upon highways issued by the State of California, Department of
Transportation and as directed by City staff.
If the Contractor fails to provide and install any of the signs or traffic control
devices required hereby or ordered by the City staff, staff may cause such signs or
traffic control devices to be placed by others, charge the costs therefore against the
Contractor, and deduct the same from the next progress payment.
XI. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal nor the cost of
disposal. Contractor shall pay all disposal fees and provide documentation
evidence of recycling to include location, tonnage, etc. on a monthly basis to the
City.
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XII. RECORDS
The contractor shall keep accurate records concerning all of his/her employees or
agents and provide the City with names and telephone numbers of emergency
contact employees.
The contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Parks and Trees Maintenance
Superintendent. This report should also contain a description, including man-
hours, equipment, and materials breakdowns and costs used to accomplish any
additional work which the contractor deems to be beyond the scope of the contract
and which has been approved by the City in accordance with the Agreeement.
Payment for any extra work will not be authorized unless the additional work, and
costs thereof are first approved by the City in accordance with the Agreement. 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.
The Contractor shall, within fifteen (15) days of the effective date of an executed
agreement, prepare and submit a written annual maintenance calendar to the Parks
and Tree Maintenance Superintendent. This maintenance calendar shall clearly
indicate all of the park maintenance tasks required by this agreement and the
months of the year they are scheduled to be performed. If it is necessary to make
periodic revisions to this maintenance schedule, a modified calendar must be
submitted to the Parks and Trees Maintenance Superintendent for approval.prior
to the date the changes are to take effect.
The Contractor shall permit the City to inspect and audit its books and records
regarding City - provided services at any reasonable time.
XIII. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's
normal work force is not present in the City of Newport Beach. These Contractor
representatives shall respond to said emergency within thirty (30) minutes from
receiving notification.
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XIV. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be given
to the City forty -eight (48) hours PRIOR to each of these operations by the
Contractor. "Specialty type" maintenance operations are defined as:
fertilization, turf aerification, turf dethatching, seeding, preventive and
curative application of fungicide, herbicide or any required pesticide
applications and plant replacements.
XV. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and submit
a copy thereof. The Contractor must be licensed as a California State Licensed
Pest Control Operator and a California State Licensed Pest Control Advisor. The
name and permit number will be supplied to the City at the beginning of contract,
and any changes forwarded within twenty -four (24) hours of said change.
XVI. CONTRACTOR'S OFFICE
XVII.
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working
hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by radio or
pager. Contractor shall have a maximum response time of thirty (30) minutes to
all emergencies. There will be no on -site storage of equipment or materials.
Contractor will have full responsibility for maintaining an office and a yard.
Annual Schedule
1. The Contractor shall provide an annual maintenance schedule indicating the
time frames when items of work shall be accomplished per the performance
requirements.
2. The Contractor shall complete the schedule for each park in a manner which
shall correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
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Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by day of
the week and by morning and afternoon.
2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted one week prior to the effective date of
the contract. Thereafter, it shall be submitted weekly on Thursday mornings for
City approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Trees Maintenance
Superintendent at least twenty -four (24) hours prior to the scheduled time for the
work.
5. Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may, at the City's sole discretion, result in deduction of
payment for that date or week.
6. The Contractor shall adjust his /her schedule to compensate for all holidays
and rainy days. Maintenance and litter removal shall be scheduled for all holidays
and rainy days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly schedule.
XVIII. Performance Durine Inclement Weather
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his/her work force in order to accomplish those activities
that are not affected by weather.
2. Failure to adjust the workforce to show good progress on the work shall result
in deduction of payments to reflect only the work actually accomplished.
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3. The Contractor shall immediately notify the Parks and Trees
Maintenance Superintendent when the work force has been removed from
the job site due to inclement weather or other reasons.
XIX. Underground Excavations
Contractor shall be responsible for locating all underground utility lines to insure
the safety of his/her work crew and to protect, in place, existing utility equipment
before commencing any excavation. Contractor shall contact the Parks and Tree
Maintenance Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48
hours before commencing any excavation, to locate underground service lines.
XX. Pesticides
The City must maintain all documents that pertain to the use of pesticides on its
property. Contractor must provide the Parks and Trees Maintenance
Superintendent with all of the following:
1. A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used,
within 24 hours of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To
Use Restricted Materials ", 24 hours before application.
5. A list and Environmental Protection Agency numbers and Material
Safety Data Sheets of all the pesticides Contractor intends to use for
this contract, before any such use.
6. The Contractor shall not use any pesticide that has not been authorized by the
Parks and Trees Maintenance Superintendent.
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TECHNICAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Schedule ", Exhibit D. The City shall have the right to
determine schedule days and the extent and frequency of additional "as needed"
services. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the listed facilities.
2. All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
3. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free
of weeds, trash, and other debris.
4. Contractor will keep sidewalks free of algae where runoff occurs.
5. Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
6. Contractor will clean sidewalks, roadways, and any other areas littered or
soiled by his maintenance operations.
7. The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his construction and installation equipment
from the premises. Any dirt or stains caused by the work shall be removed.
Existing City trash containers shall not be used by the Contractor for his debris.
8. Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
9. Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
10. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
11. Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of City
facilities.
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12. All insects and other like pests shall be controlled by the Contractor. Any
control measures should be approved first by the Parks and Tree Maintenance
Superintendent with written recommendations from the Contractor's Pest Control
Advisor. All rodent activity shall be eradicated as soon as possible. Particular
attention to burrowing rodents is necessary to protect the site.
13. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
14. All broken glass and sharp objects shall be removed immediately.
15. All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all times.
16. All play and sports equipment shall be inspected for vandalism, safety
hazards and serviceability daily. Deficiencies shall be reported in writing
immediately to the City.
17. All sand and wood chip areas abutting maintained areas shall be cleaned
when dirtied by Contractor's operations and at other times as required.
18. Trash cans provided by the City shall be emptied as needed and washed after
emptying (when necessary) or as determined by the Inspector. Contractor shall
provide plastic liners for all trash cans at Contractor's expense.
19. All concrete "V" drains, to include the portion under the sidewalk, shall be
kept free of vegetation, debris and algae to allow unrestricted water flow.
20. All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
21. All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned monthly or as needed to
insure consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and Trees
Maintenance Superintendent.
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3. Failure to properly maintain drainage systems or to notify the Parks and Trees
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an operable
condition in those locations where operable systems exist. This includes but is
not limited to controllers, backflow devices, moisture sensors, manual and remote
control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor
shall not be responsible for the water meter assembly except as he /she may cause
damage to these items.
a. Repair and adjust all sprinkler heads to maintain proper and uniform water
application. The Contractor will adhere to all State, County, and local
regulations accordingly.
b. Adjust water application (both manual watering and by adjusting the
irrigation controllers) to compensate for changes in weather. Contractor will
be responsible for damages occurring due to under - watering or over - watering.
c. Contractor must turn off irrigation systems during rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Trees
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of Newport
Beach standard irrigation specifications.
h. Irrigation programming charts will be included in each monthly report.
i. Areas that require irrigation will have such accomplished no earlier than
11:00 PM nor later than 6:00 AM.
.j. Contractor will maintain moisture sensors at all sites at which such a unit
is installed.
2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the system.
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3. Irrigation systems shall be thoroughly inspected by operating all control valves
and checking for proper coverage, leaks, valve actuation, proper timing, and other
operational conditions. Such inspection shall be made weekly. However, the
contractor shall be responsible for the proper operation of the system at all times
and shall provide for obvious repairs as they occur or are needed.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as needed to
maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -third
(1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing.
c. Clippings shall be collected and removed unless otherwise directed by the
City.
d. Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not be
permitted.
e. Chemically kill turf around trees, as needed, a maximum of six inches
from the tree base or as directed by the City. If a tree wound is present then
hand trimming is required. A 2" layer of bark mulch shall be maintained in
this area.
f. Mechanically trim around vaults, posts, and other similar features on a
weekly basis.
g. Mowing equipment shall be approved by the City. Equipment must be
sharp and properly adjusted to avoid damage to the turf plant.
h. Pick up all litter prior to mowing.
2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 3/4 to 1 1/4 inches.
b. Cool season turf including bluegrass, perennial rye, fescues - 1 1/2 to 2 1/2
inches.
c. Kikuya and St. Augustine turf - 1 1/4 to 13/4 inches.
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3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized three times per year using a homogenous, pellet or
granular slow release material. City must approve the material used. Apply at the
following rates and time:
a. February: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
b. June: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet.
c. October: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at individual parks as
directed by the City in the month of December and review the analysis with
the City representative in the month of January.
f. All materials must be approved by the Parks and Trees Maintenance
Superintendent. Quantities used must be submitted to the Parks and Trees
Maintenance Superintendent on a "Monthly Fertilizer Use Report."
5. Appropriate fungicide, weed control, and insecticide materials shall be applied
to all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis.
b. Chemical control of broadleaf weeds shall be initiated as needed on all
turf.
6. Aerate all turf areas as often as required (minimum of twice per year; between
April 1 and May 15 and between September 1 and November 1).
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a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not
more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and
the health of the turf plant.
a. Irrigation must be scheduled to avoid either under- watering or over -
watering.
b. Manually water where necessary.
c. Check operation of irrigation weekly, or more often when conditions
warrant, to insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs. Correct as necessary.
10. Scheduling of mowing and turf care maintenance times will be approved by
the City. Use by the public will dictate schedules, and noise levels will be kept to
an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free condition.
a. Weeds shall be removed as they appear. A pre- emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 12 -4 -6 slow - release turf fertilizer, at a
rate of 2 pounds actual fertilizer per 1,000 square feet.
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d. Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
e. Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
f. Control pests, including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
g. Bare ground cover areas shall be kept cultivated and raked of all debris.
h. Bark mulch should be replaced as needed.
Shrub, Vine, and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the
Parks and Trees Maintenance Superintendent.
b. Pruning shall be accomplished to maintain a "natural" appearance;
decorative, poodle cuts or other unnatural pruning will not be permitted.
c. Control pests as required, including snails and insects.
d. Remove all dead, diseased, or damaged branches back to a side branch.
Do not leave branch stubs.
e. Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
f. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary. .
g. Careful attention not to prune or trim shrubs prior to blooming shall be
made. At the conclusion of blooming of plants such as raphiolepsis, all
blooms shall be trimmed off or otherwise removed. Flower stalks on
agapanthus, day lilies, morea, and other similar plants shall be removed
immediately after blooming or as directed by City.
h. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
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i. Growth of woody plants shall be encouraged except where it interferes
with circulation, maintenance activities, roadways, drainage facilities, fence
lines, or other structures. Dead branches of plants shall be removed regularly.
j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
k. Bark mulch should be replaced as necessary.
1. All plant material will be trimmed to protect property owners ocean views,
bay views, vistas, etc. as needed or as directed by City staff.
2. The Contractor is responsibility for trimming all trees up to eight (8) feet in
height. Trees shall be trimmed as necessary to maintain adequate pedestrian and
vehicle traffic and to provide clearance from buildings, signs and other similar
features.
a. Remove all suckers from base of trees as they develop throughout the year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor shall stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. Immediately notify the Parks and Tree
Superintendent if any of the above conditions exists.
f. Except for emergency removal, no tree /shrub shall be removed without
prior direction or approval of the City. Trees /shrubs badly damaged and in
need of replacement shall be brought to the attention of the Parks and Tree
Superintendent.
g. Water as required to maintain proper and vigorous growth according to
variety. Manual water where necessary.
h. Tree wells shall be maintained with 2" of bark mulch unless ground cover
is present. Weeds shall be removed, including their roots, before they reach
3" in height.
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i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be done at
the direction of the City and at the prescribed unit price. All such pruning shall be
made in accordance with current International Society of Arboricultural
techniques and practices that promote the natural character of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios
shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be blown
or otherwise swept onto adjacent streets or property. All debris must be
picked up by the Contractor and removed from the site. Any equipment that
is used for cleaning hardscape must be approved by the City.
General Grounds Policine
1. The Contractor shall provide general grounds policing and inspection six (6)
days per week, except general grounds policing and inspection will be seven (7)
days per week from Memorial Day to Labor Day.
a. Remove all litter and other debris from site six days per week and seven
(7) days per week from Memorial Day to Labor Day.
b. If refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
33
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notification by the City. Failure of said removal may result in deduction
of payment for that date or week.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Tree Maintenance Superintendent. Contractor
shall be responsible to report below standard conditions of all structures and
fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
4. Graffiti
Sand/Wood Chip Areas:
1. These areas shall include tot lots, play areas, volleyball courts, etc.
a. All areas shall be maintained weed free.
b. During the first week in April, June, August, October, December and
February, all sand areas shall be rototilled to the maximum depth that will
allow complete loosening of the sand but will not cause lower base materials
to be mixed in with the sand. After rototilling, all areas shall be raked level.
c. Sand and wood chips shall be replenished as necessary to maintain
optimum level in each area, and final level shall be determined by the City for
each area. Replacement sand shall be at least equivalent to washed plaster
sand and approved by the City (standard designation of rock product suppliers
to denote a type and cleanliness of sand). All additional sand or wood chips
that are added shall be at the contractor's expense.
d. Six days per week, all sand and wood chip areas shall be cleaned and
raked level.
Specialty /Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts,
bicycle trails, all asphalt, concrete and decompossed granite walkway.
b. All areas shall be swept six days per week if necessary, to remove all
deposits of silt and/or sand and glass.
34
• •
c. On Thursday of each week, all areas shall be thoroughly cleaned by
sweeping or flushing with water.
d. All hard surface areas shall be inspected six days per week for uplifts
and/or tripping hazards. All uplifts and/or tripping hazards shall be barricaded
immediately and the City notified verbally within two (2) hours and by written
memo within twenty -four (24) hours.
e. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
f. All broken glass and sharp objects shall be removed immediately.
g. All areas shall be inspected six days per week and maintained in a neat,
clean and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six days per week.
i. All play and sports equipment within hardscape areas shall be inspected
for vandalism, safety hazards and serviceability daily. Deficiencies shall be
reported in writing immediately to the City
j. All leaves, paper and debris shall be removed from hardscape areas and
disposed of off site.
Drinking Fountains:
1. Inspect, clean, adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Disposal
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal of the cost thereof.
Contractor shall pay all disposal fees and provide documentation evidence of
recycling to include location, tonnage, etc. on a quarterly basis to the City. Such
reports are due to the City by 30 days after the end of each calendar quarter.
35
Water Conservation
Contractor shall appoint a staff member to act as the Water Manager. Contract
personnel performing water management duties shall have the following abilities
and must meet the following requirements.
Abilities
1. Meet Irvine Ranch Water District Landscape Irrigation Guidelines and
monthly water allocations.
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain all parks and landscape in a usable condition (no flooding due to
over - -- irrigation).
5. Troubleshoot and diagnose irrigation systems and take corrective action.
Requirements
1. The Water Manager shall program all controllers weekly according to the
Irvine Ranch Water District allocation.
2. The Water Manager shall notify the Contractor or City Representative of all
required repairs.
3. The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly
water allocations for each meter on all streetscape and park applications.
Maintain healthy plant material, and avoid monthly IRWD penalties.
Damages for Water Management
1. Should the contractor exceed the IRWD allocation, all penalty charges for
water used above the allocation will be deducted from the contractor's monthly
billing.
2. Deduction shall exclude all approved appeals such as mainline and control
valve failures.
3. The City's Representative shall meet monthly with the Contractor's
Representative and the Contractor's Water Manager to review over allocation water
billings to determine which water billing appeals are to be approved and which are
to be waived.
36
0
0
4. Over - allocations that do not qualify for appeal or have not been waived will be
deducted from the Contractor's monthly payment.
37
EXHIBIT B
Park/Facility Maintenance Locations
Parks
Address
Acreage
Arroyo Park
1411 Bayswater; Bison Ave. at Bayswater
8.0
Balboa Island Park
115 Agate Avenue
0.3
Bayside Drive
Bayside Dr. between Carnation and Larkspur
4.4
Bayview
Mesa Dr. @ Bayview Ave.
3.0
Begonia
Begonia Ave. at First Ave.
2.1
Bob Henry
16" Street @ Dover Drive
4.8
Bonita Creek
University Dr. @ La Vida
10.0
Buffalo Hills
Newport Hills Dr. East(West @ Ford Rd.
15.0
Eastbluff
Vista del Oro @ Vista del Sol
13.9
Irvine Terrace
Seadrift Dr. @ Evita Dr.
6.8
Jasmine View
Harbor View Dr. @ Marguerite Ave.
1.0
Maiming Tract
Newport Hills Dr. W. and Port Wheeler Pl.
2.7
Old School
Carnation Ave. @ 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
4.1
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
7.3
Spyglass Hill
Spyglass Hill Rd @ El Capitan Dr.
1.4
Spyglass Hill Resevoir
Muir Beach Circle
1.0
Sunset View
North of PCH off of Superior Ave.
0.7
Total Park Acreage
87.6
Facilities
Address
Acreage
Central Library
1000 Avocado Ave.
3.3
Police Department
Santa Barbara Drive @ Jamboree
0.4
Total Facilities Acreage
3.7
Grand Total 91.3
is &:
0 0
EXHIBIT C
Park and Facility Turfgrass Maintenance Locations
Parks
Address
Acreage
Bolsa
Bolsa Ave. @ Old Newport Blvd.
0.1
Channel Place
Channel Place @ 44th St.
1
Cliff Drive
Cliff Dr. @ Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
Iris Ave. @ 5th Ave.
2.5
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
"L" St. @ Piazza del Sur
0.5
Las Arenas
Balboa Blvd. @ 16th St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. @ Irvine Ave.
5
Newport Island
Marcus @ 39th St.
0.1
Newport Shores
61st St. @ Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 5th Ave.
3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Fernleaf Ave. to Poppy Ave.
1
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
Veterans Memorial
15th St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport
Seashore Dr. btwn 57th St. & Santa Ana River Jetty
4
38th Street
Balboa Blvd. @ 38th St.
0.3
Total Acreage
27.9
Facility
Address
Acreage
Fire Stations:
1
Balboa Blvd. @ Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
3
Santa Barbara Dr. @ Jamboree Rd.
0.1
5
Marigold Ave. between PCH/2nd Ave.
0.1
6
Irvine Ave. @ Dover Dr.
0.1
39
0
Grand Total 40.0
40
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
0.2
Corona del Mar
Marigold Ave. between PCH/2nd Ave.
0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
1
City Hall
3300 Newport Blvd.@ 32nd St.
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd. @ McFadden Pl.
0.2
Oasis Senior Citizens Ctr.
800 Marguerite Ave. @ 5th Ave.
1
W. Nwpt Community Ctr.
883 W. 15th St. off Placentia Ave.
0.1
Total Acreage
12.1
Grand Total 40.0
40
EXHIBIT D
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Three times /year
Vertical Mow
Once /year
Aerate
Twice /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (once /year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Hardscape Maintenance
Each site visit/weekly min.
Grounds Policing /Litter Removal
Six days/ week
Seven days/ week Memorial Day thru Labor Day
Site Inspection
Six days/ week
41
i •
EXHIBIT E
PARKS AND FACILITY AREAS
Sites Requiring Mandatory Early Mowing
Before 7:00 a.m.
Before 9:00 a.m.
Before 10:00 a.m.
City Hall
38th St. Park
Las Arenas Park
Newport Pier Plaza
Peninsula Park
Oasis Senior Citizens Ctr
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
Lincoln Athletic Ctr
San Miguel Park
Begonia Park
42
• •
EXHIBIT F
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach before
installation. Any item not mentioned in the Standard Materials list must be approved by
Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
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 of Newport Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
Controller
Rain Master Evolution DX2 irrigation controller
Rain Master RME Sentar (contact city before using)
Drip and specialized low- volume irrigation
Rain Bird Xerigation
Battery Powered Irrigation
Rain Bird TBOS Battery Operated Controller
Rain Bird GB Series Remote Control Valve
Rain Bird Potted Latching Solenoid
Miscellaneous
Febco 825Y RP
Rain Bird #ST -03UL Snap Tite Connectors
43
0 0
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 2160 Solenoid Valve (Normally Open Master Valve)
Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
Mateo 754 Series Full Port Ball Valve
Schedule 40 PVC Lateral Pipes
Class 315 Main Supply Pipe (2" and larger)
Schedule 40 PVC Main Supply Pipe (1 -112" and smaller)
Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D
Round Valve Box - Plastic -10"
Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
Rain Master EVFM Flow Sensor
TURF FERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest possible salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs,
annuals and perennials, flowers, and ground covers must be approved by the Parks and
Trees Maintenance Superintendent before planting.
All pesticides proposed to be used must be submitted to the 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.
44
0
EXHIBIT G
REQUIRED REPORTS
1. Annual Maintenance Schedule
0
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (As sent to County Agriculture Commission)
5. Monthly Fertilizer Use Report
6. Possible Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation inspection check list (to include controller and sire inspection for all
sites and a list of any repairs required)
9. Monthly irrigation controller programming charts
10. Extra work approval list
11. Weekly maintenance inspection list for all sites
12. Manual irrigation schedule
13. Annual pesticide safety training records
14. Required tailgate safety meeting records
15. Monthly maintenance report
16. Monthly greenwaste recycling report
45
EXHIBIT H
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
$1.501 1000 Sq. Ft.
Turf Mow - Rotary Blade
$1.20 / 1000 Sq. Ft.
Turf Mow and Clippings Picked Up
$2.00 / 1000 Sq. Ft.
Turf Edge
$2.00 / 1000 Linear Ft.
Turf String Trim
$2.00 / 1000 Linear Ft.
Turf Chemical Edge 6" Swath
$3.00 / 1000 Linear Ft.
Turf Chemical Edge 12" Swath
$6.00 / 1000 Linear Ft.
Turf Aerify
$1.00 / 1000Sq.Ft.
Turf Fertilize
$13.00 / 1000 Sq. Ft.
Turf Dethatch/Renovate
$1251 Acre
Turf Sweeping
$2.00 / 1000 Sq. Ft.
Flail Mow of Natural Areas
$125 / Acre
HARDSCAPE
Cleaning and weed abatement $10.00 / 1000 Sq, Ft.
GROUNDCOVERS
Mow $20.00 / 1000 Sq. Ft
Edge $20.00 / 1000 Linear Ft.
Fertilize $13.00 / 1000 Sq. Ft.
M
•
PEST CONTROL
Turf disease /insect spray
Boom Application
Hand Application
Turf Broadleaf Spray
Boom Application
Hand Application
Groundcover disease /insect spray
Shrub disease /insect spray
Soil Sterilant Applicant
Turf Pre - Emergent
Landscape Planter Weed Control
General Weed Control Post Emergent
SHRUB PRUNING
1 -4 Feet, Lacing
1-4 Feet, Hedging
4 plus Feet, Lacing
4 plus Feet, Hedging
TREE PRUNING
Up to 8 Feet
PLANTING
1 Gal. Shrub
5 Gal. Shrub
15 Gal. Shrub
15 Gal. Tree with root barriers
24" Box Tree with root barriers
64 Count Flat Groundcover
16 Count 4" Flat Annual Color
Turf -Seed and Top Dress
Turf -Sod
LABOR
Landscape Maint. Laborer
Landscape Maint. Leadworker
Landscape Maint. Supervisor
Irrigation Specialist
Pest Control Applicator
Tree Trimmer
Equipment Operator Heavy Equip.
47
0
$1.00 / 1000 Sq. Ft.
$10.00/ 1000 Sq. Ft.
$1.00 / 1000 Sq. Ft.
$10.00 / 1000 Sq. Ft
$10.00 / 1000 Sq. Ft.
$10.00 / 1000 Sq. Ft.
$10.00 / 1000 Sq. Ft.
$10.00 / 1000 Sq. Ft.
$10.00 / 1000 Sq. Ft.
$10.00 / 1000 Sq. Ft.
$5 / Shrub
$2 / Shrub
$10 / Shrub
$4 / Shrub
$25 / Tree
$7 / Each
$17 / Each
$Bach
$65 / Each
$250 / Each
$18 / Flat
$/Flat
$100 / 1000 Sq. Ft.
$100 / 1000 Sq. Ft.
$17 / Hour
$20 / Hour
$35 / Hour
$30 / Hour
$35 / Hour
$45 / Hour
$50 / Hour
EXHIBIT 1
BID UNIT COSTS
Park/Facility Maintenance Locations
Parks
Address
Cost
Arroyo Park
1411 Bayswater; Bison Ave. at Bayswater
23836.03
Bayside Drive
Bayside Dr. between Carnation and Larkspur
893.85
Bayview
Mesa Dr. @ Bayview Ave.
13109.82
Begonia
Begonia Ave. at First Ave.
8938.51
Bob Henry
16 Street @ Dover Drive
6256.96
Bonita Creek
University Dr. @ La Vida
14301.62
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
29795.04
Gateway
Newport Blvd. @ Via Lido
44692.56
Eastbluff
Vista del Oro @ Vista del Sol
41415.11
Irvine Terrace
Seadrift Dr. @ Evita Dr.
20260.63
Jasmine View
Harbor View Dr. @ Marguerite Ave.
2979.50
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
8044.66
Old School
Carnation Ave. @ 4th Ave.
2383.60
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
12215.97
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
21750.38
Spyglass Hill
Spyglass Hill Rd @ El Capitan Dr.
4171.31
Spyglass Hill Resevoir
Muir Beach Circle
2979.50
Sunset View
North of PCH off of Superior Ave.
2085.65
Facilities
Address
Cost
Central Library
1000 Avocado Ave.
9832.36
Police Department
Santa Barbara Drive @ Jamboree
1191.80
M
0
EXHIBIT J
BID UNIT COSTS
•
Park and Facility Turfgrass Maintenance Locations
Parks
Address
Cost
Bolsa
Bolsa Ave. @ Old Newport Blvd.
297.95
Channel Place
Channel Place @ 44th St.
2979.50
Cliff Drive
Cliff Dr. @ Riverside Dr.
4469.26
Ensign View
2501 Cliff Dr. @ El Modena Ave.
1489.75
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
2979.50
Grant Howald
Iris Ave. @ 5th Ave.
7448.76
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
2979.50
Kings Road
Kings Road west of St. Andrews Road
297.95
"L" Street
"L" St. @ Piazza del Sur
1489.75
Las Arenas
Balboa Blvd. @ 16th St.
595.90
Lido
Via Lido entrance to Lido Island
1489.75
Mariners
Dover Dr. @ Irvine Ave.
14897.52
Newport Island
Marcus @ 39th St.
297.95
Newport Shores
61st St. @ Coast Blvd,
297.95
Oasis Passive
Marguerite Ave. @ 5th Ave.
10130.31
Ocean Blvd. Bluffs
Ocean Blvd. from Fernleaf Ave. to Poppy Ave.
2979.50
Peninsula
Main St. @ East Ocean Front, Balboa
10428.26
Veteran's Memorial
15th St. @ Bay Ave.
1191.80
Westcliff
Polaris Dr. @ Westwind Way
2979.50
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
595.90
West Newport
Seashore Dr. btwn 57th St. & Santa Ana River Jetty
11918.02
38th Street
Balboa Blvd. @ 38th St.
893.85
Facility
Address
Cost
Fire Stations:
1
Balboa Blvd. @ Island Ave.
297.95
2
32nd St. @ Villa Way
297.95
3
Santa Barbara Dr. @ Jamboree Rd.
297.95
Cl
5
Marigold Ave. between PCH12nd Ave.
297.95
6
Irvine Ave. @ Dover Dr.
297.95
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
595.90
Corona del Mar
Marigold Ave. between PCH/2nd Ave.
297.95
Miscellaneous:
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
2979.50
City Hall
3300 Newport Blvd.@ 32nd St.
2979.50
Lincoln Athletic Center
3101 Pacific View Dr.
23836.03
Newport Pier Plaza
Balboa Blvd. @ McFadden Pl.
595.90
Oasis Senior Citizens Ctr.
800 Marguerite Ave. @ 5th Ave.
2979.50
W. Nwpt Community Ctr.
883 W. 15th St. off Placentia Ave.
297.50
RED]
o 4oD-da9
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
August 9, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 - 644 -3055, mharmon(a) city. newport-
beach.ca.us
SUBJECT: Agreement for Landscape Maintenance Services with Park West
Landscape Maintenance, Inc.
ISSUE:
Should the City approve the attached Landscape Maintenance Agreement with Park
West Landscape Maintenance, Inc. in the amount of $390,315 to provide landscape
maintenance for City parks and facilities and approve the attached Budget Amendment
in the amount of $71,751 to fund the additional cost over the expiring contract?
RECOMMENDATION:
Award the attached Landscape Maintenance Agreement with Park West Landscape
Maintenance, Inc. in the amount of $390,315 to provide landscape maintenance to City
parks and facilities; and
Approve the attached Budget Amendment in the amount of $71,751.
DISCUSSION:
Background:
In 1997, budget constraints led to the privatization of some park and facility
maintenance services. In August 1997, the City entered into an agreement with
California Landscape Maintenance (CLM) to provide turfgrass maintenance at certain
City parks and facilities. Subsequently that same year, the City Council directed staff to
privatize maintenance of all new City parks. In response to the Council direction, the
City entered into a second agreement with CLM in September 1997 to provide park
landscape and turfgrass maintenance services in all new City parks. Both CLM
contracts have been renewed annually since 1998 without any increase in rates.
Landsc*Maintenance Agreement
August 9, 2005
Page 2
In January 2000, CLM was purchased by TruGreen Landcare (TGL) and the two CLM
contracts were assigned to TGL. The current TGL contract for park landscape and
turfgrass maintenance expires August 29, 2005.
In anticipation of the CLM' contract expiration; staff mailed out nineteen Requests for
Proposal (RFP) to qualified landscape maintenance companies for landscape
maintenance of City parks and facilities. The areas described in the RFP include 91.3
acres of full park and facility maintenance in addition to 40.0 acres of park and facility
turfgrass maintenance. Of the nineteen contractors who received RFPs, eight attended
the mandatory pre -bid meeting and five contractors submitted bids.
The bid results are as follows:
Park West Landscape
$390,315 1annually
TruGreen Landcare
$396,000 /annually
Dworsky Landscape Services
$473,640 /annually
Pinnacle Landscape Company
$506,566 /annually
Mission Landscape Services
$717,084 /annually
The proposed maintenance agreement with Park West Landscape Maintenance, Inc.
(PWL) is for a one -year term, which may automatically renew for four consecutive
years. The City may terminate the agreement with 30 days written notice at the
conclusion of the initial term or at any of the automatic extensions. The contract
provides for an annual CPI increase, not to exceed 2.5% beginning June 1, 2007.
To ensure that a high standard of service is maintained, specifications for the
installation of material, the application of herbicides and fertilizers, and hardscape and
landscape maintenance schedules are detailed in the proposed agreement. The
agreement also contains a provision requiring minimum staffing levels and allows the
City to alter the frequency of maintenance when necessary. Service levels will be
monitored by City supervisory staff who will also review the contractor's required reports
of maintenance activities.
Environmental Review:
Not required by CEQA.
Funding Availability_
Funding for this contract was is included in the Fiscal Year 2005 -2006 budget, but was
budgeted at the existing contract cost of $318,564. A budget amendment in the amount
of $71,751 is attached to cover the increased costs of the new contract.
Landscape Maintenance Agreement
August 9, 2005
Page 3
Prepared by: Submitted by:
D/
-LAk Mq�
Jer y ammond, Mark Harmon,
Ad inistrative Analyst Director
Attachments: (1) Agreement with Park West Landscape Maintenance, Inc. to provide
Landscape Maintenance of City Parks and Facilities
(2) Budget Amendment
• !
CONTRACT SERVICE AGREEMENT FOR
LANDSCAPE MAINTENANCE
THIS AGREEMENT, entered into this day of August, 2005, ( "Commencement
Date ") by and between the City of Newport Beach, a Municipal Corporation and Charter City
("City"), and Park West Landscape, Maintenance, Inc. ("Contractor' ), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. Prior to August 1997, City maintained turfgrass in City parks and facilities
using its own employees and equipment.
C. Subsequently, City determined it to be in the City's best economic interests
that these landscaping and maintenance functions be performed by a private contractor.
D. City desires to engage Contractor to provide landscaping and maintenance
services to the City.
E. Contractor possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to retain
Contractor to render landscape and maintenance services under the terms and conditions set
forth in this Agreement.
G. Contractor acknowledges that City has relied upon Contractor's
representations and Contractor commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement.
H. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications relative to the type, nature and frequency of work to be
performed, is familiar with all conditions relevant to the perforniance of services, and has
committed to perform all required work for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Unless earlier terminated in accordance with Section 26 of this Agreement, 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 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. Time is of the essence in the performance of services under this Agreement.
2. SCOPE OF SERVICES
A. In compliance with all terms and conditions of this Agreement, Contractor
shall perform the landscape and maintenance services specifically described in, and in strict
compliance with the requirements of Exhibit A (Scope of Work), which services may be
referred to herein as the "services" or "work" hereunder, at the park and facility locations
noted by Exhibits B and C. The services shall be performed at least as frequently as specified
in Exhibit D and in compliance with the time schedule set forth in Exhibit E. City shall have
the right to alter frequency of maintenance as necessary to ensure highest industry standards
of maintenance. Contractor services relative to the installation of material, the application of
substances, or the planting of landscaping shall be in strict conformance with Exhibit F.
Reports shall be submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices
and Costs are contained in Exhibits H through J. All of the Exhibits are considered to be a
part of, and are incorporated into, this Agreement by reference.
B. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized by one or more first -class firms performing similar work under similar
circumstances.
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3. WORKMANSHIP. SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the contract
services. The Contractor shall comply with all State and Federal legal requirements
regulating the right to work in the United States of America to ensure that all members of the
work force have the legal right to perform work under this Agreement. Contractor shall make
any records related thereto available >to the City within ten (10) days of receiving a written
request for said records by the City.
B. All contract services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be performed by a certified California
Landscape Contractors Association Landscape Technician I (irrigation). All pesticide
operations, where required, shall be performed by a California State Licensed Pest Control
Operator through written recommendation by a California State Licensed Pest Control
Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws
and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost
and expense, all professional and technical personnel (in addition to irrigation and pesticide
specialists) necessary to properly perform contract services.
C. The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications. All supervisory
personnel must be able to communicate effectively in English (both orally and in writing).
Any order given to supervisory personnel shall be deemed delivered to the Contractor. The
supervisor assigned must be identified by name to ensure coordination and continuity. At a
minimum, Contractor shall provide, in addition to one (1) supervisor, eleven (11) full -time
positions including one (1) leadworker, two (2) full -time irrigation technicians each with a
fully stocked vehicle, four (4) positions to perform the mowing/turf maintenance, and four (4)
positions to perform detailed maintenance.
D. All Contractor personnel working under this Agreement shall be neat in
appearance and in uniforms as approved by the Parks and Trees 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 and
maintenance standards.
F. All vehicles and equipment (mowers, etc.) used in conjunction with the work
shall be in good working order and have appropriate safety guards. All vehicles shall bear the
identification of the Contractor.
G. Contractor shall provide an Operations Manager to coordinate work with the
City Administrator and ensure satisfactory performance of contract services. An area
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supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms
of this Agreement.
4. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the Contractor's performance of the services required by this Agreement,
and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes
penalties or interest levied, assessed or imposed against City hereunder.
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be
responsible for the service of the other.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of 5390,315 per year ( "Contract Amount ") to
perform all the work and services contemplated by and described in Exhibits A through G.
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 ".
Upon the second anniversary of the Commencement Date and upon each anniversary
of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion
to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase
set forth below. Such adjustment shall be made by multiplying the original Contract Amount
by a fraction, the numerator of which is the value of the Consumer Price Index for the
calendar month three (3) months preceding the calendar month for which such adjustment is
to be made and the denominator of which is the value of the Consumer Price Index for the
same calendar month immediately prior to Commencement Date. For example, if the
adjustment is to occur effective June 1, 2007, the index to be used for the numerator is the
index for the month of March 2007 and the index to be used for the denominator is the index
for the month of March preceding the Commencement Date. The "Consumer Price Index" to
be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items),
for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States
Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index
and one or more unofficial indices are published, the official index shall be used. If said
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Consumer Price Index is no longer published at the adjustment date, it shall be constructed by
conversion tables included in such new index. hi no event, however, shall the amount
payable under this Agreement be reduced below the Contract Amount in effect immediately
preceding such adjustment. No adjustment shall be made on the first anniversary of the
Commencement Date. The maximum increase to the Contract Amount, for any year where
an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed
2.5% of the Contract Amount in effect immediately preceding such adjustment.
7. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting the
work are under the control of Contractor, except to the extent they are limited by statute, rule
or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute approval for Contractor or any of Contractor's employees or agents, to
be the agents or employees of City. Contractor shall have the responsibility for and control
over the means of performing the work, provided that Contractor is in compliance with the
terms of this Agreement. Anything in this Agreement that may appear to give City the right
to direct Contractor as to the details of the performance or to exercise a measure of control
over Contractor shall mean only that Contractor shall follow the desires of City with respect
to the results of the services.
8. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit F in
performing contract services. Any deviation from the materials described in Exhibit F shall
not be installed unless approved in advance by the City Administrator.
B. Subject to the provisions of Section 9, City shall reimburse Contractor for the
actual cost, plus 15 %, of all irrigation materials installed by Contractor in the performance of
contract services. Actual cost shall be the best price available to Contractor including all
applicable discounts. Contractor shall provide City with a schedule of typical costs of
irrigation parts, plant materials and other commonly used items within thirty (30) days from
the date of this Agreement and within thirty (30) days of each anniversary of the
Commencement Date. Contractor shall retain records reflecting the actual cost of parts or
materials used and the performance of services required by this Agreement.
C. City reserves the right to purchase material or parts and make same available
to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to
Contractor's obligation to use City provided parts and/or materials. Contractor shall secure,
store, inventory, distribute and control all materials or parts provided to Contractor by City.
Contractor shall make all materials and inventory available to the City upon request.
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9. REPAIR/REPLACEMENT
A. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, except such
losses or damages as may be caused by City's sole negligence or willful misconduct.
B. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives or
officers.
D. Contractor shall repair damaged irrigation pipes, controllers and valves only
after the City Administrator has approved a written estimate of the cost of repair.
E. 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.
10. FAMILIARITY WITH WORK
A. By executing this Agreement, Contractor warrants that Contractor (a) has
thoroughly investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Contractor warrants that Contractor has investigated the site and is fully
acquainted with the conditions there existing, prior to commencement of services hereunder.
Should the Contractor discover any latent or unknown conditions, which will materially
affect the performance of the services hereunder, Contractor shall immediately inform the
City of such fact and shall not proceed except at Contractor's risk until written instructions
are received from the City.
B. City and Contractor agree that City has made no representation regarding the
order or condition of any area or location for which Contractor is to provide services or that
the site or location of work will be free from defects, apparent or hidden, at the
commencement of, or at any time during the term of this Agreement.
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11. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and employees
(collectively, the "Indemnified Parties ") from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements
and court costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to any work
performed or services provided under this Agreement (including, without limitation, defects
in workmanship and /or materials) or Contractor's presence or activities conducted on the
Project (including the negligent and/or willfiil acts, errors and/or omissions of Contractor, its
principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be liable or
any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Contractor.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
works Contractor shall obtain, provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on file
with City's at all times during the term of this Agreement.
B. Si ng ature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A (or higher)
and Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
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D. Coverage Reauirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California; however, in no event shall
the Employer's Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. Any notice of cancellation or non- renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately to the
work to be performed under this Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two
million dollars ($2,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile
liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to liability arising out of
work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City,
its elected or appointed officers, officials, employees, agents and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from the Contractor's operations or
services provided to City. Any insurance maintained by City, including any self - insured
retention City may have, shall be considered excess insurance only and not contributory with
the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers, officials, employees,
agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar
days (10 calendar days written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's performance
under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted or
purported assignment without consent of City shall be null and void. Contractor
acknowledges that these provisions relative to assignment are commercially reasonable and
that Contractor does possess special skills, abilities, and personnel uniquely suited to the
performance of contract services and any assignment of this Agreement to a third party, in
whole or in part, could jeopardize the satisfactory performance of contract services.
Contractor may not employ any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venture which shall result in changing the control of Contractor, shall be construed as an
assignment of this Agreement.
14. RECORDS /REPORTS
A. All Contractor's books and other business records, or such part as may be used
in the performance of this Agreement, shall be subject to inspection and audit by any
authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require, provide
reports concerning the status or cost of services required by.this Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator within ten (10) days
after the end of each month. Irrigation programming schedules will be submitted monthly. A
phone log will be submitted monthly of all calls from the City of Newport Beach General
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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.
15. 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.
16. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance services as
requested by the Administrator. The Administrator may give verbal authorization for
additional services up to $500. Administrator shall provide Contractor with written
authorization prior to the performance of any additional services that exceed $500.
Contractor shall be compensated for additional services in accordance with the unit prices
specified in Exhibits H through J.
B. City reserves the right to withdraw certain park or facility locations from the
Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify
Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the scope of services,
compensation to Contractor shall be reduced in accordance with the bid unit costs specified
in Exhibits I and J. In the event the location is withdrawn for a period of less than a full 1
(one) year term, Contractor's compensation shall be reduced on a prorated basis.
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17. 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.
18. WORK DEFICIENCIES AND CORRECTIONS
A. Irrigation- related work deficiencies shall be corrected within twenty-four (24)
hours of written notification from the City or prior to the scheduled watering; whichever is
earlier. Malfunctions resulting in continuously running water shall be repaired immediately.
All other work deficiencies of Contractor shall be corrected in a timeframe per the City's
discretion. Written notification may be hand delivered, e- mailed, faxed, or mailed. As soon as
the Contractor has corrected the listed deficiencies, the Contractor shall notify the City and
request inspection of the corrective work. Deficiencies listed in the Notice of Deficiency shall
not be considered as having been corrected until the City has inspected the site to verify that the
listed deficiencies have been corrected and has approved the corrective work in writing.
B. Failure to correct the deficiencies listed in the Notice of Deficiency within the
timeframe specified by the City (or within 24 hours in the case of irrigation- related deficiencies)
may, in the City's sole discretion, result in action being taken by the City, including, but not
limited to, (a) correcting the deficiency (using the City's own work force and/or by contracting
out) and deducting any associated costs plus overhead incurred thereby from the total monthly
compensation due the Contractor; (b) deletion of site(s) from the Contract and reducing the
corresponding compensation for that month; (c) contracting with another Vendor to perform the
maintenance and other services required for the remainder of the term of the Contract with
respect to the site where the deficiencies exist and deducting from the Contractor's total
compensation under the contract any costs that City pays or becomes obligated to pay the new
Contractor, including expenses City incurs over and above the monthly billing rate by the
Contractor for that site; (d) terminating the agreement; and/or (e) taking any other action and
exercising any other legal remedy available to the City under law.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the amount of this Agreement, in the form provided
by the City Clerk, which secures the faithful performance of this Agreement, unless such
requirement is waived by the City Administrator. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a
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certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force dining the entire term of the Agreement and shall be null and void only if the
Contractor promptly and faithfully performs all terms and conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory only if
issued by a company qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and
only if they are of a financial category Class VII or better, unless such requirements are
waived by the Risk Manager of the City.
21. 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.
C. This agreement shall be paid in accordance Section 1770 of the California
State Labor Code and in accordance with the terms of the Southern California Master
Labor Agreement, which has established a prevailing rate of per diem wages to be paid in
the performance of this agreement. The Director of Industrial Relations has ascertained
the general prevailing rate of per diem wages in the locality in which the work is to be
performed for each craft, classification, or type of workman or mechanic needed to
execute the contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive).
22. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against
any subcontractor, Contractor, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin, or other basis that is violative of the federal or
state constitution or federal or state law. Contractor's obligation not to discriminate shall
apply, but not be limited to, the following: employment, upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
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24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeable financially affect such interest. The Contractor will
provide a completed disclosure form noting the above.' Contractor will comply with the Act
and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Contractor shall indemnify and hold harmless the City for any
claims for damages resulting from the Contractor's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must be
given in writing and will be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States mail, postage prepaid, registered or
certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Park West Landscape Maintenance, Inc.
Attn: Dustin Kemmerer, Director of Sales
22421 Gilberto, Suite A
Rancho Santa Margarita, CA 92688
26. 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
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period of two (2) working days, or if more than two (2) working days are reasonably required
to cure the default and Contractor fails to give adequate assurance of due performance within
two (2) working days after Contractor receives written notice of default from City, City may
terminate the Agreement forthwith by giving written notice. City may, in addition to the
other remedies provided in this or authorized by law, terminate this agreement by giving
written notice of termination.
B. This agreement may be terminated without cause by City 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
ternination. 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."
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 retain funds withheld
until the City Administrator determines that contract services are perfonned as well and as
frequently as required by this Agreement.
27. 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 attorneys' fees shall not be recoverable by the prevailing party.
28. COMPLIANCE WITH LAW
All services rendered hereunder by Contractor shall be provided in accordance with
all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State
or local governmental agency having jurisdiction in effect at the time service is rendered.
29. 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.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements of
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whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied
covenant shall be held to vary the provisions hereon.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Contractor and City and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
33. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated in a court
of competent jurisdiction in the County of Orange.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
C,,C.f'
AS ISTANT CITY ATTORNEY
i[l
CITY OF NEWPORT BEACH
A Municipal Corporation
M
Mayor John Heffernan
IC /Wt6'
•
1�fark West Landscape
List of Exhibits
Exhibit A
Scope of Work
Exhibit B
Park/Facility Maintenance Locations
Exhibit C
Park and Facility Turfgrass Maintenance Locations
Exhibit D
Maintenance Frequency Schedule
Exhibit E
Park and Facilities Mandatory Schedule
Exhibit F
Standard Materials
Exhibit G
Required Reports
Exhibit H
Unit Costs
Exhibit I
Bid Unit Costs (Park/Facility Maintenance Locations)
Exhibit J
Bid Unit Costs (Park and Facility Turfgrass Maintenance Locations)
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I. INTENT
EXHIBIT A
Scope of Work
•
The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that such sites be
kept in a healthy, vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform park
maintenance as described herein including, but not limited to, the following:
1. Turfgrass weed eradication and control both mechanically and with chemicals
2. Fertilizing.
3. Irriagtion repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hnrdscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
III. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00
AM and 5:00 PM, Monday through Friday, except as specified in Exhibit E or
with written approval by the City Administrator. No Saturday or Sunday work is
to be scheduled other than litter control and refuse collection, without permission
from the City, unless it is an emergency situation. No motorized equipment shall
be operated before 8:00 AM nor after 5:00 PM, except as specified in Exhibit E.
IV. TERM OF CONTRACT
The term of this agreement shall be for a period of twelve (12) months. The City
reserves the right to terminate the agreement unilaterally at any time upon thirty
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(30) days written notice to the Contractor. Unless terminated by the City, the
Agreement will be automatically renewed in one (1) year increments. In
determining whether the Agreement should be terminated, the City will evaluate
the performance of the Contractor and determine whether the Contractor's
performance is satisfactory.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest park maintenance
standards, as stated in the enclosed maintenance specification description.
Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within this
document and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and /or failure to
perform an item or work on a scheduled day may, at the City's sole
discretion, result in deduction of payment for that date or week. Payment
will be retained for work not performed until such time as the work is
performed to City standard.
The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject
deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments.
VI. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with the
Contractor and the City representative to determine progress and to establish areas
needing attention. A monthly maintenance schedule will be submitted in writing
to the City by the first of said month.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor and
if not corrected, payment to the Contractor will not be made until condition is
corrected in a satisfactory manner as set forth in the specifications.
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VII. SPECIFICATIONS
VIII.
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the
work called for in these specifications or reasonably implied by terms of same.
Work or materials of a minor nature which may not be specifically mentioned, but
which may be reasonably assumed as necessary for the completion of this work,
shall be performed by the Contractor as if described in the specifications.
All correspondence shall be addressed to Dan Sereno, Parks and Trees
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884.
IX. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is
given for said work and the estimate is approved by the City before the work is
commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be required on some
occasions.
X. STREET CLOSURES, DETOURS, BARRICADES
Warning signs, lights, and devices shall be installed and displayed in conformity
with "The California Manual on Uniform Traffic Devices" for use in performance
of work upon highways issued by the State of California, Department of
Transportation and as directed by City staff.
If the Contractor fails to provide and install any of the signs or traffic control
devices required hereby or ordered by the City staff, staff may cause such signs or
traffic control devices to be placed by others, charge the costs therefore against the
Contractor, and deduct the same from the next progress payment.
XI. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal nor the cost of
disposal. Contractor shall pay all disposal fees and provide documentation
evidence of recycling to include location, tonnage, etc. on a monthly basis to the
City.
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XII. RECORDS
The contractor shall keep accurate records concerning all of his/her employees or
agents and provide the City with names and telephone numbers of emergency
contact employees.
The contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Parks and Trees Maintenance
Superintendent. This report should also contain a description, including man-
hours, equipment, and materials breakdowns and costs used to accomplish any
additional work which the contractor deems to be beyond the scope of the contract
and which has been approved by the City in accordance with the Agreeement.
Payment for any extra work will not be authorized unless the additional work, and
costs thereof are first approved by the City in accordance with the Agreement. 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.
The Contractor shall, within fifteen (15) days of the effective date of an executed
agreement, prepare and submit a written annual maintenance calendar to the Parks
and Tree Maintenance Superintendent. This maintenance calendar shall clearly
indicate all of the park maintenance tasks required by this agreement and the
months of the year they are scheduled to be performed. If it is necessary to make
periodic revisions to this maintenance schedule, a modified calendar must be
submitted to the Parks and Trees Maintenance Superintendent for approval prior
to the date the changes are to take effect.
The Contractor shall permit the City to inspect and audit its books and records
regarding City - provided services at any reasonable time.
XIII. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's
normal work force is not present in the City of Newport Beach. These Contractor
representatives shall respond to said emergency within thirty (30) minutes from
receiving notification.
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XIV. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be given
to the City forty-eight (48) hours PRIOR to each of these operations by the
Contractor. "Specialty type" maintenance operations are defined as:
fertilization, turf aerification, turf dethatching, seeding, preventive and
curative application of fungicide, herbicide or any required pesticide
applications and plant replacements.
XV. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and submit
a copy thereof. The Contractor must be licensed as a California State Licensed
Pest Control Operator and a California State Licensed Pest Control Advisor. The
name and permit number will be supplied to the City at the beginning of contract,
and any changes forwarded within twenty -four (24) hours of said change.
XVI. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working
hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by radio or
pager. Contractor shall have a maximum response time of thirty (30) minutes to
all emergencies. There will be no on -site storage of equipment or materials.
Contractor will have full responsibility for maintaining an office and a yard.
XVII. SCHEDULES
Annual Schedule
1. The Contractor shall provide an annual maintenance schedule indicating the
time frames when items of work shall be accomplished per the performance
requirements.
2. The Contractor shall complete the schedule for each park in a manner which
shall correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
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Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by day of
the week and by morning and afternoon.
2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted one week prior to the effective date of
the contract. Thereafter, it shall be submitted weekly on Thursday mornings for
City approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Trees Maintenance
Superintendent at least twenty-four (24) hours prior to the scheduled time for the
work.
5. Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may, at the City's sole discretion, result in deduction of
payment for that date or week.
6. The Contractor shall adjust his/her schedule to compensate for all holidays
and rainy days. Maintenance and litter removal shall be scheduled for all holidays
and rainy days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly schedule.
XVIII. Performance During Inclement Weather
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his/her work force in order to accomplish those activities
that are not affected by weather.
2. Failure to adjust the workforce to show good progress on the work shall result
in deduction of payments to reflect only the work actually accomplished.
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3. The Contractor shall immediately notify the Parks and Trees
Maintenance Superintendent when the work force has been removed from
the job site due to inclement weather or other reasons.
XIX. Underground Excavations
Contractor shall be responsible for locating all underground utility lines to insure
the safety of his/her work crew and to protect, in place, existing utility equipment
before commencing any excavation. Contractor shall contact the Parks and Tree
Maintenance Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48
hours before commencing any excavation, to locate underground service lines.
XX. Pesticides
The City must maintain all documents that pertain to the use of pesticides on its
property. Contractor must provide the Parks and Trees Maintenance
Superintendent with all of the following:
1. A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used,
within 24 hours of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To
Use Restricted Materials ", 24 hours before application.
5. A list and Environmental Protection Agency numbers and Material
Safety Data Sheets of all the pesticides Contractor intends to use for
this contract, before any such use.
6. The Contractor shall not use any pesticide that has not been authorized by the
Parks and Trees Maintenance Superintendent.
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TECHNICAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
1. All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Schedule ", Exhibit D. The City shall have the right to
determine schedule days and the extent and frequency of additional "as needed"
services. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the listed facilities.
2. All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
3. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free
of weeds, trash, and other debris.
4. Contractor will keep sidewalks free of algae where nmoff occurs.
5. Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
6. Contractor will clean sidewalks, roadways, and any other areas littered or
soiled by his maintenance operations.
7. The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his construction and installation equipment
from the premises. Any dirt or stains caused by the work shall be removed.
Existing City trash containers shall not be used by the Contractor for his debris.
8. Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
9. Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
10. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
11. Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of City
facilities.
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12. All insects and other like pests shall be controlled by the Contractor. Any
control measures should be approved first by the Parks and Tree Maintenance
Superintendent with written recommendations from the Contractor's Pest Control
Advisor. All rodent activity shall be eradicated as soon as possible. Particular
attention to burrowing rodents is necessary to protect the site.
13. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
14. All broken glass and sharp objects shall be removed immediately.
15. All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all times.
16. All play and sports equipment shall be inspected for vandalism, safety
hazards and serviceability daily. Deficiencies shall be reported in writing
immediately to the City.
17. All sand and wood chip areas abutting maintained areas shall be cleaned
when dirtied by Contractor's operations and at other times as required.
18. Trash cans provided by the City shall be emptied as needed and washed after
emptying (when necessary) or as determined by the Inspector. Contractor shall
provide plastic liners for all trash cans at Contractor's expense.
19. All concrete "V" drains, to include the portion under the sidewalk, shall be
kept free of vegetation, debris and algae to allow unrestricted water flow.
20. All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
21. All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned monthly or as needed to
insure consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and Trees
Maintenance Superintendent.
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3. Failure to properly maintain drainage systems or to notify the Parks and Trees
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an operable
condition' in those locations where operable systems exist. This includes but is
not limited to controllers, backflow devices, moisture sensors, manual and remote
control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor
shall not be responsible for the water meter assembly except as he /she may cause
damage to these items.
a. Repair and adjust all sprinkler heads to maintain proper and uniform water
application. The Contractor will adhere to all State, County, and local
regulations accordingly.
b. Adjust water application (both manual watering and by adjusting the
irrigation controllers) to compensate for changes in weather. Contractor will
be responsible for damages occurring due to under - watering or over - watering.
c. Contractor must turn off irrigation systems during rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Trees
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of Newport
Beach standard irrigation specifications.
h. Irrigation programming charts will be included in each monthly report.
i. Areas that require irrigation will have such accomplished no earlier than
11:00 PM nor later than 6:00 AM.
.j. Contractor will maintain moisture sensors at all sites at which such a unit
is installed.
2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the system.
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3. Irrigation systems shall be thoroughly inspected by operating all control valves
and checking for proper coverage, leaks, valve actuation, proper timing, and other
operational conditions. Such inspection shall be made weekly. However, the
contractor shall be responsible for the proper operation of the system at all times
and shall provide for obvious repairs as they occur or are needed.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as needed to
maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -third
(1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing.
c. Clippings shall be collected and removed unless otherwise directed by the
City.
d. Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not be
permitted.
e. Chemically kill turf around trees, as needed, a maximum of six inches
from the tree base or as directed by the City. If a tree wound is present then
hand trimming is required. A 2" layer of bark mulch shall be maintained in
this area.
f. Mechanically trim around vaults, posts, and other similar features on a
weekly basis.
g. Mowing equipment shall be approved by the City. Equipment must be
sharp and properly adjusted to avoid damage to the turf plant.
h. Pick up all litter prior to mowing.
2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 3/4 to 1 1/4 inches.
b. Cool season turf including bluegrass, perennial rye, fescues - 1 1/2 to 2 1/2
inches.
c. Kikuya and St. Augustine turf - 1 114 to 13/4 inches.
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3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
b. Cool" season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized three times per year using a homogenous, pellet or
granular slow release material. City must approve the material used. Apply at the
following rates and time:
a. February: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
b. June: 16 -4 -6 fertilizer atone pound actual nitrogen per 1,000 square feet.
c. October: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square
feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and other
hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perfonn a soil fertility analysis at individual parks as
directed by the City in the month of December and review the analysis with
the City representative in the month of January.
f. All materials must be approved by the Parks and Trees Maintenance
Superintendent. Quantities used must be submitted to the Parks and Trees
Maintenance Superintendent on a "Monthly Fertilizer Use Report."
5. Appropriate fungicide, weed control, and insecticide materials shall be applied
to all turf areas throughout the year on a curative basis.
a. Turf areas must be maintained in a weed -free basis.
b. Chemical control of broadleaf weeds shall be initiated as needed on all
turf.
6. Aerate all turf areas as often as required (minimum of twice per year; between
April 1 and May 15 and between September 1 and November 1).
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a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not
more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and
the health of the turf plant.
a. Irrigation must be scheduled to avoid either under - watering or over -
watering.
b. Manually water where necessary.
c. Check operation of irrigation weekly, or more often when conditions
warrant, to insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs. Correct as necessary.
10. Scheduling of mowing and turf care maintenance times will be approved by
the City. Use by the public will dictate schedules, and noise levels will be kept to
an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free condition.
a. Weeds shall be removed as they appear. A pre- emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 12 -4 -6 slow - release turf fertilizer, at a
rate of 2 pounds actual fertilizer per 1,000 square feet.
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d. Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
e. Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
f. Control pests; including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
g. Bare ground cover areas shall be kept cultivated and raked of all debris.
h. Bark mulch should be replaced as needed.
Shrub, Vine, and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the
Parks and Trees Maintenance Superintendent.
b. Pruning shall be accomplished to maintain a "natural" appearance;
decorative, poodle cuts or other unnatural pruning will not be permitted.
c. Control pests as required, including snails and insects.
d. Remove all dead, diseased, or damaged branches back to a side branch.
Do not leave branch stubs.
e. Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
f. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
g. Careful attention not to prune or trim shrubs prior to blooming shall be
made. At the conclusion of blooming of plants such as raphiolepsis, all
blooms shall be trimmed off or otherwise removed. Flower stalks on
agapanthus, day lilies, morea, and other similar plants shall be removed
immediately after blooming or as directed by City.
h. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
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i. Growth of woody plants shall be encouraged except where it interferes
with circulation, maintenance activities, roadways, drainage facilities, fence
lines, or other structures. Dead branches of plants shall be removed regularly.
j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
k. Bark mulch should be replaced as necessary.
1. All plant material will be trimmed to protect property owners ocean views,
bay views, vistas, etc. as needed or as directed by City staff.
2. The Contractor is responsibility for trimming all trees up to eight (8) feet in
height. Trees shall be trimmed as necessary to maintain adequate pedestrian and
vehicle traffic and to provide clearance from buildings, signs and other similar
features.
a. Remove all suckers from base of trees as they develop throughout the year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor shall stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. Immediately notify the Parks and Tree
Superintendent if any of the above conditions exists.
f. Except for emergency removal, no tree /shrub shall be removed without
prior direction or approval of the City. Trees /shrubs badly damaged and in
need of replacement shall be brought to the attention of the Parks and Tree
Superintendent.
g. Water as required to maintain proper and vigorous growth according to
variety. Manual water where necessary.
h. Tree wells shall be maintained with 2" of bark mulch unless ground cover
is present. Weeds shall be removed, including their roots, before they reach
3" in height.
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i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be done at
the direction of the City and at the prescribed unit price. All such pruning shall be
made in accordance with current International Society of Arboricultural
techniques and practices that promote the natural character of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
nonnal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios
shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be blown
or otherwise swept onto adjacent streets or property. All debris must be
picked tip by the Contractor and removed from the site. Any equipment that
is used for cleaning hardscape must be approved by the City.
General Grounds Policine
1. The Contractor shall provide general grounds policing and inspection six (6)
days per week, except general grounds policing and inspection will be seven (7)
days per week from Memorial Day to Labor Day.
a. Remove all litter and other debris from site six days per week and seven
(7) days per week from Memorial Day to Labor Day.
b. If refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
33
notification by the City. Failure of said removal may; result in deduction
of payment for that date or week.
i
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Tree Maintenance Superintendent. Contractor
shall be responsible to report below standard conditions of all structures and
fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
4. Graffiti
Sand /Wood Chin Areas:
1. These areas shall include tot lots, play areas, volleyball courts, etc.
a. All areas shall be maintained weed free.
b. During the first week in April, June, August, October, December and
February, all sand areas shall be rototilled to the maximum depth that will
allow complete loosening of the sand but will not cause lower base materials
to be mixed in with the sand. After rototilling, all areas shall be raked level.
c. Sand and wood chips shall be replenished as necessary to maintain
optimum level in each area, and final level shall be determined by the City for
each area. Replacement sand shall be at least equivalent to washed plaster
sand and approved by the City (standard designation of rock product suppliers
to denote a type and cleanliness of sand). All additional sand or wood chips
that are added shall be at the contractor's expense.
d. Six days per week, all sand and wood chip areas shall be cleaned and
raked level.
Specialty /Snorts Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts,
bicycle trails, all asphalt, concrete and decompossed granite walkway.
b. All areas shall be swept six days per week if necessary, to remove all
deposits of silt and/or sand and glass.
34
c. On Thursday of each week, all areas shall be thoroughly cleaned by
sweeping or flushing with water.
d. All hard surface areas shall be inspected six days per week for uplifts
and/or tripping hazards. All uplifts and/or tripping hazards shall be barricaded
immediately and the City notified verbally within two (2) hours and by written
memo within twenty-four (24) hours.
e. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
f. All broken glass and sharp objects shall be removed immediately.
g. All areas shall be inspected six days per week and maintained in a neat,
clean and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six days per week.
i. All play and sports equipment within hardscape areas shall be inspected
for vandalism, safety hazards and serviceability daily. Deficiencies shall be
reported in writing immediately to the City
j. All leaves, paper and debris shall be removed from hardscape areas and
disposed of off site.
Drinking Fountains:
1. Inspect, clean, adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Disposal
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal of the cost thereof.
Contractor shall pay all disposal fees and provide documentation evidence of
recycling to include location, tonnage, etc. on a quarterly basis to the City. Such
reports are due to the City by 30 days after the end of each calendar quarter.
35
0 0
Water Conservation
Contractor shall appoint a staff member to act as the Water Manager. Contract
personnel performing water management duties shall have the following abilities
and must meet the following requirements.
Abilities
1. Meet Irvine Ranch Water District Landscape Irrigation Guidelines and
monthly water allocations.
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain all parks and landscape in a usable condition (no flooding due to
over -- irrigation).
5. Troubleshoot and diagnose irrigation systems and take corrective action.
Requirements
1. The Water Manager shall program all controllers weekly according to the
Irvine Ranch Water District allocation.
2. The Water Manager shall notify the Contractor or City Representative of all
required repairs.
3. The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly
water allocations for each meter on all streetscape and park applications.
Maintain healthy plant material, and avoid monthly IRWD penalties.
Damages for Water Management
1. Should the contractor exceed the IRWD allocation, all penalty charges for
water used above the allocation will be deducted from the contractor's monthly
billing.
2. Deduction shall exclude all approved appeals such as mainline and control
valve failures.
3. The City's Representative shall meet monthly with the Contractor's
Representative and the Contractor's Water Manager to review over allocation water
billings to determine which water billing appeals are to be approved and which are
to be waived.
36
9
0
4. Over - allocations that do not qualify for appeal or have not been waived will be
deducted from the Contractor's monthly payment.
37
EXHIBIT B
Park/Facility Maintenance Locations
Parks
Address
Acreage
Arroyo Park
1411 Bayswater; Bison Ave. at Bayswater
8.0
Balboa Island Park
115 Agate Avenue
0.3
Bayside Drive
Bayside Dr. between Carnation and Larkspur
4.4
Bayview
Mesa Dr. @ Bayview Ave.
3.0
Begonia
Begonia Ave. at First Ave.
2.1
Bob Henry
16 °i Street @ Dover Drive
4.8
Bonita Creek
University Dr. @ La Vida
10.0
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
15.0
Eastbluff
Vista del Oro @ Vista del Sol
13.9
Irvine Terrace
Seadrift Dr. @ Evita Dr.
6.8
Jasmine View
Harbor View Dr. @ Marguerite Ave.
1.0
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
2.7
Old School
Carnation Ave. @ 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
4.1
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
7.3
Spyglass Hill
Spyglass Hill Rd @ El Capitan Dr.
1.4
Spyglass Hill Resevoir
Muir Beach Circle
1.0
Sunset View
North of PCH off of Superior Ave.
0.7
Total Park Acreage
87.6
Facilities
Address
Acreage
Central Library
1000 Avocado Ave.
3.3
Police Department
Santa Barbara Drive @ Jamboree
0.4
Total Facilities Acreage
3.7
Grand Total 91.3
38
E
EXHIBIT C
0
Park and Facility Turfgrass Maintenance Locations
Parks
Address
Acreage
Balsa
Bolsa Ave. @ Old Newport Blvd.
0.1
Channel Place
Channel Place @ 44th St.
1
Cliff Drive
Cliff Dr. @ Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
Iris Ave. @ 5th Ave.
2.5
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
"L" St. @ Piazza del Sur
0.5
Las Arenas
Balboa Blvd. @ 16th St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. @ Irvine Ave.
5
Newport Island
Marcus @ 39th St.
0.1
Newport Shores
61st St. @ Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 5th Ave.
-3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
1
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
Veteran's Memorial
15th St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport
Seashore Dr. btwn 57th St. & Santa Ana River Jetty
4
38th Street
Balboa Blvd. @ 38th St.
0.3
Total Acreage
27.9
Facility
Address
Acreage
Fire Stations:
1
Balboa Blvd. @ Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
3
Santa Barbara Dr. @ Jamboree Rd.
0.1
5
Marigold Ave. between PCH/2nd Ave.
0.1
6
Irvine Ave. @ Dover Dr.
0.1
39
0
0
Grand Total 40.0
,m
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
0.2
Corona del Mar
Marigold Ave. between PCH/2nd Ave.
0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
1
City Hall
3300 Newport Blvd.@ 32nd St.
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd. @ McFadden Pl.
0.2
Oasis Senior Citizens Ctr.
800 Marguerite Ave. @ 5th Ave.
i
W. Nwpt Community Ctr.
883 W. 15th St. off Placentia Ave.
0.1
Total Acreage
12.1
Grand Total 40.0
,m
01
EXHIBIT D
0
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Three times /year
Vertical Mow
Once /year
Aerate
Twice /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (once /year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Hardscape Maintenance
Each site visit/weekly min.
Grounds Policing /Litter Removal
Six days/ week
Seven days/ week Memorial Day thru Labor Day
Site Inspection
Six days/ week
41
EXHIBIT E
PARKS AND FACILITY AREAS
Sites Requiring Mandatory Early Mowing
Before 7:00 a.m.
Before 9:00 a.m.
Before 10:00 a.m.
City Hall
38th St. Park
Las Arenas Park
Newport Pier Plaza
Peninsula Park
Oasis Senior Citizens Or
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
Lincoln Athletic Ctr
San Miguel Park
Begonia Park
42
0
EXHIBIT F
STANDARD MATERIALS
E
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 of Newport Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
Controller
Rain Master Evolution DX2 irrigation controller
Rain Master RME Sentar (contact city before using)
Drip and specialized low - volume irrigation
Rain Bird Xerigation
Battery Powered Irrigation
Rain Bird TBOS Battery Operated Controller
Rain Bird GB Series Remote Control Valve
Rain Bird Potted Latching Solenoid
Miscellaneous
Febco 825Y RP
Rain Bird 9ST -03UL Snap Tite Connectors
43
0
0
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 2160 Solenoid Valve (Normally Open Master Valve)
Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
Mateo 754 Series Full Port Ball Valve
Schedule 40 PVC Lateral Pipes
Class 315 Main Supply Pipe (2" and larger)
Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller)
Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D
Round Valve Box - Plastic -10"
Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
Rain Master EVFM Flow Sensor
TURF FERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest possible salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs,
annuals and perermials, flowers, and ground covers must be approved by the Parks and
Trees Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to the 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.
1
0
EXHIBIT G
REQUIRED REPORTS
1. Annual Maintenance Schedule
E
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report (As sent to County Agriculture Commission)
5. Monthly Fertilizer Use Report
6. Possible Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation inspection check list (to include controller and sire inspection for all
sites and a list of any repairs required)
9. Monthly irrigation controller programming charts
10. Extra work approval list
11. Weekly maintenance inspection list for all sites
12. Manual irrigation schedule
13. Annual pesticide safety training records
14. Required tailgate safety meeting records
15. Monthly maintenance report
16. Monthly greenwaste recycling report
FR
0
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope of
work, including additions and deletions on work not performed, the Contract Sum
shall be adjusted in accordance with the following unit prices, where the City
elects to use this method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid
proposal. Unit prices listed below refer to all items installed and the Construction
Documents and include all costs connected with such items; including but not
limited to, materials, labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the total
number units and /or amount of labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the
RFP.
FUNCTION COST/UNIT OF MEASURE
TURF
Turf Mow -Reel Blade
$1.5011000 Sq. Ft.
Turf Mow- Rotary Blade
$1.20 / 1000 Sq. Ft.
Turf Mow and Clippings Picked Up
$2.00 / 1000 Sq. Ft.
Turf Edge
$2.00 / 1000 Linear Ft.
Turf String Trim
$2.00 / 1000 Linear Ft.
Turf Chemical Edge 6" Swath
$3.001 1000 Linear Ft.
Turf Chemical Edge 12" Swath
$6.00 / 1000 Linear Ft.
Turf Aerify
$1.00 / 1000Sq.Ft.
Turf Fertilize
$13.001 1000 Sq. Ft.
Turf Dethatch/Renovate
$125 / Acre
Turf Sweeping
$2.001 1000 Sq. Ft.
Flail Mow of Natural Areas
$125 / Acre
HARDSCAPE
Cleaning and weed abatement $10.00 / 1000 Sq. Ft.
GROUNDCOVERS
Mow
$20.00 / 1000 Sq. Ft
Edge
$20.00 / 1000 Linear Ft.
Fertilize
$13.00 / 1000 Sq. Ft.
,,
0 0
PEST CONTROL
$5 / Shrub
Turf disease/insect spray
$2 / Shrub
Boom Application
$1.00 / 1000 Sq. Ft.
Hand Application
$10.00 / 1000 Sq. Ft.
Turf Broadleaf Spray
$17 / Each
Boom Application
$1.00 / 1000 Sq. Ft.
Hand Application
$10.00 / 1000 Sq. Ft
Groundcover disease /insect spray
$10.00 / 1000 Sq. Ft.
Shrub disease/insect spray
$10.00 / 1000 Sq. Ft.
Soil Sterilant Applicant
$10.00 / 1000 Sq. Ft.
Turf Pre - Emergent
$10.00 / 1000 Sq. Ft.
Landscape Planter Weed Control
$10.00 / 1000 Sq. Ft.
General Weed Control Post Emergent
$10.00 / 1000 Sq. Ft.
SHRUB PRUNING
1 -4 Feet, Lacing
$5 / Shrub
1 -4 Feet, Hedging
$2 / Shrub
4 plus Feet, Lacing
$10 / Shrub
4 plus Feet, Hedging
$4 / Shrub
TREE PRUNING
Up to 8 Feet
$25 / Tree
PLANTING
$20 / Hour
1 Gal. Shrub
$7 / Each
5 Gal. Shrub
$17 / Each
15 Gal. Shrub
$Bach
15 Gal. Tree with root barriers
$65 / Each
24" Box Tree with root barriers
$250 / Each
64 Count Flat Groundcover
$18 / Flat
16 Count 4" Flat Annual Color
$/Flat
Turf -Seed and Top Dress
$100 / 1000 Sq. Ft.
Turf -Sod
$100 / 1000 Sq. Ft.
LABOR
Landscape Maint. Laborer
$17 / Hour
Landscape Maint. Leadworker
$20 / Hour
Landscape Maint. Supervisor
$35 / Hour
Irrigation Specialist
$30/ Hour
Pest Control Applicator
$35 /Hour
Tree Trimmer
$45 / Hour
Equipment Operator Heavy Equip.
$50 / Hour
47
EXHIBIT I
BID UNIT COSTS
Park/Facility Maintenance Locations
Parks
Address
Cost
Arroyo Park
1411 Bayswater; Bison Ave. at Bayswater
23836.03
Bayside Drive
Bayside Dr. between Carnation and Larkspur
893.85
Bayview
Mesa Dr. @ Bayview Ave.
13109.82
Begonia
Begonia Ave. at First Ave.
8938.51
Bob Henry
1614 Street @ Dover Drive
6256.96
Bonita Creek
University Dr. @ La Vida
14301.62
Buffalo Hills
Newport Hills Dr. EastfWest @ Ford Rd.
29795.04
Gateway
Newport Blvd. @ Via Lido
44692.56
Eastbluff
Vista del Oro @ Vista del Sol
41415.11
Irvine Terrace
Seadrift Dr. @ Evita Dr.
20260.63
Jasmine View
Harbor View Dr. n Marguerite Ave.
2979.50
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
8044.66
Old School
Carnation Ave. @ 4111 Ave.
2383.60
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
12215.97
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
21750.38
Spyglass Hill
Spyglass Hill Rd @ El Capitan Dr.
4171.31
Spyglass Hill Resevoir
Muir Beach Circle
2979.50
Sunset View
North of PCH off of Superior.Ave.
2085.65
Facilities
Address
Cost
Central Library
1000 Avocado Ave.
9832.36
Police Department
Santa Barbara Drive @ Jamboree
1191.80
M
0 0
EXHIBIT J
BID UNIT COSTS
Park and Facility Turfgrass Maintenance Locations
Parks
Address
Cost
Bolsa
Bolsa Ave. @ Old Newport Blvd.
297.95
Channel Place
Channel Place @ 44th St.
2979.50
Cliff Drive
Cliff Dr. @ Riverside Dr.
4469.26
Ensign View
2501 Cliff Dr. @ El Modena Ave.
1489.75
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
2979.50
Grant Howald
Iris Ave. @ 5th Ave.
7448.76
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
2979.50
Kings Road
Kings Road west of St. Andrews Road
297.95
"L" Street
"L" St. @ Piazza del Sur
1489.75
Las Arenas
Balboa Blvd. @ 16th St.
595.90
Lido
Via Lido entrance to Lido Island
1489.75
Mariners
Dover Dr. @ Irvine Ave.
14897.52
Newport Island
Marcus @ 39th St.
297.95
Newport Shores
61st St. @ Coast Blvd.
297.95
Oasis Passive
Marguerite Ave. @ 5th Ave.
10130.31
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
2979.50
Peninsula
Main St. @ East Ocean Front, Balboa
10428.26
Veteran's Memorial
15th St. @ Bay Ave.
1191.80
Westcliff
Polaris Dr. @ Westwind Way
2979.50
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
595.90
West Newport
Seashore Dr. btwn 57th St. & Santa Ana River Jetty
11918.02
38th Street
Balboa Blvd. @ 38th St.
893.85
Facility
Address
Cost
Fire Stations:
1
Balboa Blvd. @ Island Ave.
297.95
2
32nd St. @ Villa Way
297.95
3
Santa Barbara Dr. @ Jamboree Rd.
297.95
U:
0 0
5
Marigold Ave. between PCH/2nd Ave.
297.95
6
Irvine Ave. @ Dover Dr.
297.95
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
595.90
Corona del Mar
Marigold Ave. between PCH/2nd Ave.
297.95
Miscellaneous:
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
2979.50
City Hall
3300 Newport Blvd.@ 32nd St.
2979.50
Lincoln Athletic Center
3101 Pacific View Dr.
23836.03
Newport Pier Plaza
Balboa Blvd. @ McFadden Pl.
595.90
Oasis Senior Citizens Ctr.
800 Marguerite Ave. @ 5th Ave.
2979.50
W. Nwpt Community Ctr.
883 W. 15th St. off Placentia Ave.
297.50
50
(ify of Newport Beacib
BUDGET AMENDMENT
2005 -06
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 06BA -007
AMOUNT: $71,751.00
AIncrease in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations for Landscape Maintenance Services,
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund - Fund Balance
Description
Division
Description
Division
Number 3170 GS - Parks
Account
Number 8080 Services - Prof & Tech NOC
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: /
Financial Approval: Admi
Signed:
Signed:
Services Director
Manager
City Council Approval: City Clerk
Amount
Debit Credit
$71,751.00
Automatic
$71,751.00
r
Date
Date
Date