HomeMy WebLinkAboutC-3813 - Contract Service Agreement for Landscape Maintenance of City Street Medians and RoadsidesCONTRACTOR SERVICE AGREEMENT
WITH TRUGREEN LANDCARE, L.L.C. FOR LANDSCAPE MAINTENANCE
OF CITY STREET MEDIANS AND ROADSIDES
THIS AGREEMENT, entered into this y� �'r day of September of 2005,
( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a
Municipal Corporation and Charter City ( "City "), and TRUGREEN LANDCARE, L.L.C.,
a limited liability California corporation located at 1150 W. Trenton Avenue, Orange,
92867 ( "Contractor' or TruGreen "), 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 Califomia and the Charter of City.
B. Prior to 1995, City maintained City street medians and roadsides using its
own employees and equipment. Subsequently, City determined that it was in the City's
best economic interests that these functions be performed by a private contractor.
C. In September 2005, City prepared a Request for Proposal (RFP) seeking
proposals for landscape maintenance of City medians and roadside areas from qualified
landscape maintenance companies. Contractor submitted the lowest bid among the
firms that responded to the RFP..
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 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, common nature and
frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned as
follows:
TERM
Unless earlier terminated as outlined below, the term of this Agreement shall be
for a period of one (1) year. The term shall commence within ten (10) working days of
City Council approval and upon receipt and approval of all required bonds and
insurance. The term of this Agreement shall automatically be extended for four (4)
additional one (1) year terms (automatic extensions) with the first extension to
commence upon the expiration of the initial term or any extended term, unless the City
notifies the Contractor in writing at least thirty (30) days before the end of the initial term
or any extended term of its intent to terminate this Agreement at the conclusion of the
initial term or any extension. City reserves the right to terminate the Agreement
unilaterally at any time upon thirty (30) days written notice to Contractor. 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 median and
roadside locations listed in Exhibit B. The services shall be performed at least as
frequently as specified in Exhibit C. City shall have the right to alter the frequency, of
maintenance as necessary to ensure the 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 D. Contractor
shall perform the work according to the Technical Maintenance Specifications outlined
in Exhibit E. Reports shall be submitted by the Contractor in accordance with Exhibit
F. Unit Prices and Costs for extra work are contained in Exhibit G. 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 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 ensuring that all employees adhere
to the specifications outlined in this Agreement and the exhibits hereto. 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. Previous successful work force levels included: one (1) supervisor and
fourteen (14) full -time positions, including one (1) leadworker, two (2) full -time irrigation
technicians each with a fully stocked vehicle, three (3) full -time positions to perform the
mowing /turf maintenance, five (5) positions to perform detailed maintenance, two (2)
positions to perform litter pickup and policing Citywide, and one (1) pesticide technician
with a Qualified Applicators License.
D. All Contractor personnel working under this Agreement shall be neat in
appearance and dressed in uniforms as approved by the Parks and Tree Maintenance
Superintendent when performing contract services. All Contractor personnel shall wear
identification badges or patches. Those 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
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shall bear the identification of the Contractor and clearly include the following: "serving
for the City of Newport Beach."
G. Contractor shall provide an Operation Manager to coordinate work with
the City Administrator and ensure satisfactory performance of contract services. An
area supervisor shall coordinate work crews on a daily basis to ensure compliance with
the terms of this Agreement.
4. 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 Four Hundred and Fourteen Thousand
Dollars ($414,000.00) per year ( "Contract Amount ") to perform all the work and
services contemplated by and described in Exhibits A through. F. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City, subject to any applicable offsets as outlined herein or in the
attached exhibits. 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."
. On January 1, 2007 and every twelve (12) months thereafter during which the
contract remains in effect; the Contract Amount shall be adjusted in proportion to
changes in the Consumer Price Index, subject to the 2% 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
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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, 2006 base year, published by the United States Department of
Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is
no longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. 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% of the Contract Amount in effect immediately preceding such
adjustment.
This Agreement shall be governed by 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).
It shall be the sole obligation of the Contractor to comply with all labor laws, rules and
regulations including, but not limited to, the requirement to pay prevailing wages and the
City shall not be liable for any violation of any labor laws, rules and regulations.
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.
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8. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit D in
performing contract services. Any deviation from the materials described in Exhibit D
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 fifteen percent (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.
9. REPAIR/REPLACEMENT
A. The Contractor shall adopt reasonable methods during the life of this
Agreement to furnish continuous protection to the City's property, including plants and
irrigation system equipment 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 it agents, employees, representative 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
which has been damaged by the acts of Contractor or its employees. Contractor shall
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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 work sites 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 the Agreement.
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 required by or provided under this Agreement (including, without
limitation, defects in workmanship and/or materials) or Contractor's presence or activities
while on City property (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.
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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.
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
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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:
L 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.
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. Timms 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 assignments are commercially
reasonable and that Contractor does possess special skills, abilities, and personnel
uniquely suited to the performance of Contract Services and any assignment of this
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Agreement to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any subcontractors
unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general partner or joint
venture which shall result in changing the control of Contractor, shall be construed as
an assignment of this Agreement.
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 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
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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 any additional services provided in accordance
with the unit prices specified in Exhibit G.
B. City reserves the right to withdraw locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement and to deduct work from the Scope
of Work. City shall notify Contractor in writing of its intent to do so at least thirty (30)
days prior to the effective date of said change. 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 Exhibit A. In the event the City deducts work from the
Scope of Work, compensation shall be reduced in accordance with the bid unit costs
specified in Exhibit G. In the event the location is withdrawn or work is deducted from
the Scope of Work for a period of less than a full one (1) year term, Contractor's
compensation shall be reduced on a prorated basis.
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
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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
certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during 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 ' 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 to all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the Federal Fair
Labor Standards Act.
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B. Whenever 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.
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 based on
race, religion, color, sex, handicap, national origin, or other basis that is violative of the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
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 notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
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All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
TruGreen LandCare, L.L.C.
1150 West Trenton Avenue
Orange, CA 92867
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 period of two (2) working days, or if more than two (2) working days
are reasonable required to cure the default and Contractor fails to .give adequate
assurance of due performance within two (2) working days after Contractor receives
written notice of default from City, City may terminate the Agreement forthwith by giving
written notice. City may, in addition to the other remedies provided in this or authorized
by law, terminate this Agreement by giving written notice of termination.
B. This Agreement may be terminated at anytime, without cause by City
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 the contract
services are performed as well and as frequently as required by this Agreement.
14
27. COMPLIANCE WITH ALL LAWS
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.
28. 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.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements
of whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon.
30. 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.
31. 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.
32. 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.
15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By Cff""
Aaron C. Harp
Assistant City Attorney
ATTEST:
AizV
�m r "",
LaVonne Harkless, bty Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By: _Ak44u-,,�
�jn Heffernan, Mayor
of Newport Beach
CONTRACTOR:
TRUGREEN LANDCARE, L.L.
Print Name: CG
Title:���
(Corporate Off cer)
By:
Print Name:
Title:
f: users\CAT/shared\Donna Bigi\TruGreen Contract - Medians.doc
16
(Corporate Financial Officer)
0
List of Exhibits
Exhibit A Scope of Work & Bid Unit Costs
Exhibit B Median /Roadside Locations
Exhibit C Maintenance Frequency Schedule
Exhibit D Standard Materials
Exhibit E Technical Maintenance Specifications
Exhibit F Required Reports
Exhibit G Unit Prices
17
0
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 site be kept in a healthy,
vigorous, and well -kept state at all times.
Il. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Contractor shall furnish all labor, equipment, materials, and supervision to perform
landscape maintenance as described herein including, but not limited to, the following:
1. Weeding, cultivating and brush control both mechanically and with chemicals.
2. Fertilizing.
3. Shrub and groundcover trimming, pruning, training.
4. Minor tree pruning and staking.
5. Irrigation programming, monitoring, maintenance, and repair.
6. General rodent, pest and disease control on landscape planting and turf.
7. Mowing, verticutting, and aerifying.
8. General litter control, refuse removal, and grounds policing.
9. Plant replacement.
10. Hardscape cleaning.
11. Access roadway clearance and visibility maintenance.
12. General drainage structure and system maintenance.
13. Drinking fountain maintenance.
14. Reporting for vandalism, graffiti, or any safety concerns.
15. Tree trimming trees under 8 feet.
0
0
It shall NOT be the Contractor's responsibility to maintain or repair:
1. Area lighting systems
2. Fencing
3. Gates
4. Any building located at the specified site
5. Graffiti
6. Vandalism
7. Signage
8. Damage resulting from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent required in the
technical specifications of the Bid Schedules.
10. Trees over 8 feet in height.
11. Hardscape repairs, (curbs, gutters, sidewalks, etc.)
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 with written approval by the City
Administrator. No Saturday or Sunday work is to be scheduled other than litter control
and refuse, 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.
IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest landscape maintenance
standard, as stated in the enclosed maintenance specification description. Standards and
frequencies may be modified from time to time as deemed necessary by the City for the
proper maintenance of the sites.
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
20
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.
V. 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.
VI. SPECIFICATIONS
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the work
called for in these specifications or reasonably implied by terms of same. Work or
materials of a minor nature which may not be specifically mentioned, but which may be
reasonably assumed as necessary for the completion of this work, shall be performed by
the Contractor as if described in the specifications.
VII. 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.
VIII. 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
21
• 0
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.
IX. 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 or 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.
X. RECORDS
Contractor shall keep accurate records concerning all of its employees or agents and
provide the City with names and telephone numbers of emergency contact employees.
Contractor shall complete a monthly maintenance report indicating work performed and
submit this completed report to the Parks and Tree Maintenance Superintendent. This
report should also contain a description, including man- hours, equipment, and materials
breakdowns and costs used to accomplish any additional work which the Contractor
deems to be beyond the scope of the contract and which has been approved by the City in
accordance with the Agreement. Payment for any extra work will not be authorized
unless the additional work, and costs thereof are first approved 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 landscape maintenance tasks required by this agreement and the months of the year
they are scheduled to be performed. If it is necessary to make periodic revisions to this
maintenance schedule, a modified calendar must be submitted to the Parks and Tree
Maintenance Superintendent for approval prior to the date the changes are to take effect.
The Contractor shall permit the City to inspect and audit its books and records regarding
City - provided services at any reasonable time.
22
XI.
0 0
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 after receiving notification.
XII. 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.
XIII. 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. A licensed Pest Control
Operator must be provided to apply all restricted chemical materials.
XIV. CONTRACTOR'S OFFICE
XV.
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, cell phone, 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 site in a manner which shall
correspond to the weekly schedules.
23
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.
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.
24
XVI. 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 work force to show good progress on the work shall result in
deduction of payments to reflect only the work actually accomplished.
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.
XVII. 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 Trees Maintenance
Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48 hours before
commencing any excavation, to locate underground service lines.
XVIII. Pesticides
The City must maintain all documents that pertain to the use of pesticides on its property.
Contractor must provide the Parks and Tree Maintenance Superintendent with all of the
following:
1. A copy of 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. Contractor shall not use any pesticide that has not been authorized by the Parks and
Trees Maintenance Superintendent.
25
•
7. Pest Control Operator will be assigned to contract to apply restricted materials.
26
EXHIBIT A - Bid Unit Prices areXHI Costs
BID UNIT COSTS
Medians Unit Cost/Year
49
Area
G St. X Balboa Blvd.
240.00
Balboa Blvd. - Medina Way to 21st St. (1)
$152.00
Balboa Blvd. - Medina Way to 21st St. (2)
$994.00
McFadden Interchange Medians
$1306.00
Villa Way X 29th St.
$152.00
M St. Median
$415.00
Via Lido - Newport Blvd. to Via Operto
$281.00
Newport Blvd. X Via Lido
$713.00
Clubhouse X Finley
169.00
Balboa Blvd. - PCH to 32nd St.
$1717.00
Superior Ave. north of PCH
1824.00
Newport Blvd. -.PCH to Industrial Way
$4516.00
PCH - Santa Ana River to Newport Blvd.
$8369.00
PCH - E. of Riverside Avenue
$446.00
St. James Road X Kings Place
$147.00
Margaret Dr. between Tustin & Irvine
$31.00
Westcliff Dr. - Irvine Ave to Dover
$1266.00
Triangular median - Westcliff XDover
$615.00
Dover Dr. - Westcliff to PCH
$3665.00
Wine Ave. - Westcliff to Dover
2381.00
Irvine Ave. - Dover to Holiday Road,
$2336.00
Irvine Ave. - Santiago to University
$6282.00
Jamboree Road - Bristol to PCH
$22,930.00 I
University Dr - Jamboree to MacArthur
360.00
Vista Del Sol
1948.00
Ford Road - Jamboree to San Miguel
$5044.00
San Miguel - Ford Road to Avocado
$11,485.00
San Joaquin -Spyglass to Backbay Rd.
$21.428.00 i
PCH - Dover to Newport Coast Dr.
$20,737.00
MacArthur at PCH
$165.00
49
r
I
r
Af
El Pasco Dr
450.00
Avocado - Waterfront to PCH
$4459.00
Corinthian Way — West of MacArthur Blvd
$143.00
Newport Place Drive — West of MacArthur Blvd.
$584.00
MacArthur Blvd. —North of Jamboree
1182.00
Jatboree Road — Bristol to Campus Drive
$3772.00
Balboa Blvd. at A Street
22.00
MacArthur Blvd — PCH to B ison
$24531.00
Bonita Canyon Rd— MacArthur Blvd to Hwy 73
$7629.00
Park Avenue
3081.00
Total Cost /Year
Total $167,967.00
50
0 0
Roadsides Unit Cost/Year
51
Area
Cannery Village Parking Lot
$1725.00
28th & 30th St Parking Lots
3701.00
McFadden Parking Lot
$3932.00
19th St. Street end - bayside
$111.00
Marina Park Parking Lot
$1231.00
13th St. Street end - bayside
$263.00
12th St. Street end - bayside
$263.00
11 st St Street end - bayside
$ 263.00
"F" St Street end - bayside
183.00
Palm Street Parking Lot
$1507.00
Miramar Dr. and Balboa Blvd.
$477.00
"I" St. Street end - bayside
$250.00
"L" St Street end - oceanside
$281.00
"M" St. St Street end - oceanside
$218.00
Via Oporto X Central Parking Lot
$1797.00
Short St X Newport Blvd. Roadside
$1177.00
OCTA Bus Stop - Balboa Blvd. X 46th
$201.00
OCTA Bus Stop - Balboa Blvd, X River
254.00
Newport Island entrance planters
$334.00
37th - Olive St. Street ends off Seashore
321.00
Prospect Street ends off Seashore
$18.00
Orange Street ends off Seashore
$9.00
Summit St. planter
$143.00
Cappy's trail/bench area
$767.00
W. PCH Roadsides
$12,693.00
Superior X PCH Parking Lot
8186.00
N.W. Quadrant- Newport Blvd. X PCH
$5234.00
S.W. Quadrant - Newport Blvd. X PCH
$1690.00
S.W. Quadrant - Newport Blvd. X PCH
$4093.00
S.E. Quadrant - Newport Blvd. X PCH
3625.00
Newport Blvd. Roadsides
$46,462.00
51
0
0
.-r
Mariners Mile Parking Lot
$5658.00
Rocky Point/Pelican Wall
$401.00
Dover X Westcliff
$3656.00
PCH Bayshore Soundwall
1462.00
OCfA Bus Stop - Bayshore Dr. X PCH
$1177.00
Dover Dr. Arterials - WestclifY'to Mariners
5832.00
Dover Dr. Arterials -(I) Irvine Ave. to Mariners
451.00
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
$1864.00
W estcliff Dr. Arterial (Groves)
3005.00
WestclifiDr. X Santiago
$321.00
Groves Bike Trail
7143.00
Irvine Ave. Arterial N of Private Road
$1275.00
Tustin Avenue Streetend
$210.06
Anniversary Lane Roadside
$664.00
Jamboree Big Canyon Roadside
$1922.00
Port Dunbar Drive Roadside
$5649.00
Spyglass Hill Road Roadsides
$14,686.00
San Joaquin Hills Road Roadsides
$20.065.00
PCH - Seaward to Cameo Highlands
2211.00
Larkspur Street End
Jasmine Street End
437.00
Femleaf Ramp
1025.00
Bayside Drive - Jamboree to Marguerite
$6095.00
PCH - Jamboree to Avocado
$11,788.00
PCH - Bayside Drive to Jamboree
2662.00
Jamboree - PCH to Bayside
$1440.00
Promentory Bay Plaza
526.00
Promentory Point & Channel Walk
$2100.00
Balboa Island Entrance
254.00
Balboa Island - Grand Canal Bridge
$54.00
MacArthur Blvd. — PCH to San Miguel
$11,347.00
Balboa Village
$11,182.00
Entrance to Collins Island
45.00
Big Canyon Reservios along San Miguel
$2292.00
West Side of Dover — PCH to Cliff Drive
71.00
Castaways Blufftop Trail
$7134.00
52
r
r
0 0
.0
Bayview Way —Across from Fletcher Jones
Polaris slope across from WestcliffPark
4423.00
Lido/Peninsula Gateway Roadsides at Newport Blvd. x Via Lido/Short Street
1850.00
Total Cost /Year
Total $246,033.00
53
0 9
t
EXHIBIT B
MEDIAN LOCATIONS
Area
Acres
Area
Description
Irrigation
P
T
H
UID
0
G St. X Balboa Blvd.
P,H
Al
0.032
0.022
0.054
Balboa Blvd. - Medina Way to 21st St. (1)
P
WT
0.034
0.034
Balboa Blvd. - Medina Way to 21st St. (2)
P
NI,WT
0.223
0.223
McFadden Interchange Medians
P,T,H
Af
0.032
0.241
0.02
1 0.293
Villa Way X 29th St.
P,H
Al
0.02
0.014
0.034
M St. Median
P,T,H
Al
0.003
0.051
0.039
0.093
Via Lido - Newport Blvd. to Via Operto
P,H
AI
0.025
0.038
0.063
Newport Blvd. X Via Lido
P,H
Al
0.019
0.141
0.16
Clubhouse X Finley
P,H
AI
0.02
0.018
0.038
Balboa Blvd. - PCH to 32nd St.
P,H
Al
0.068
0.317
1
0.385
Superior Ave. north of PCH
P,H
Al
0.020
0.389
1 0.409
Newport Blvd. - PCH to Industrial Way
P,H
INO,WT
0.461
0.552
1.013
PCH - Santa Ana River to Newport Blvd.
P,H
AI
0.607
1.27
1.877
PCH - Mariners Mile
P,H
AI
0.016
0.077
0.100
St. James Road X Kings Place
P,T
Al
0.005
0.028
0.033
Margaret Dr. between Tustin & Irvine
P
NI,WT
0.007
0.007
Westcliff Dr. - Irvine Ave to Dover
P,H
INO,WT
0.132
0.152
0.284
Triangular median - Westcliff X Dover
P,T,H
AI
0.005
0.108
0.025
0.138
Dover Dr. - Westcliff to PCH
P,H
INO,WT
0.327
0.495
0.822
Irvine Ave. - Westcliff to Dover
P,H
Al
0.534
Irvine Ave. - Dover to Holiday Road
P,H
Al
0.524
Irvine Ave. - Santiago to University
P,T,H
AJ
0.057
0.966
0.386
1.409
Jamboree Road - Bristol to PCH
P,T,H
Al
0.068
3.363
1.712
5.143
University Dr - Jamboree to MacArthur
T,H
Al
0.112
0.172
0.254
Vista Del Sol
P,T
Al
0.121
0.316
0.437
Ford Road - Jamboree to San Miguel
P,T,H
Al
0.012
0.679
0.53
1.221
San Miguel - Ford Road to Avocado
P,T,H
Al
0.081
1.643
0.852
2.576
San Joaquin- Spyglass to Backbay Rd.
P,T,H
Al
0.735
2.697
1.374
206
•
PCH — Dover to Newport Coast Drive
P,H
AT
Turf
H
1
UD
4,651
MacArthur at PCH
H
AI
0.037
0.037
El Pasco Dr
P
AI
0.101
0,101
Avocado - Waterfront to PCH
P,T
WT,AI
0.286
0.23
0.516
Corinthian Way — West of MacArthur Blvd.
AI
.032
Newport Place Drive — West of MacArthur Blvd.
AI
0.131
MacArthur Blvd. — North of Jamboree
AI
0.265
Jamboree Road — Bristol to Campus Drive
AI
0.846
Balboa Blvd. at A Street
AI
.005
MacArthur Blvd. — PCH to Bison
AT
5.502
Bonita Canyon Rd — MacArthur Blvd to Hwy 73
AT
1.711
Park Avenue
P,H
AI
0.587
0.104
0.691
Total Acreage
4.003
10.535
8.766
01
37.482
Leeend
AD - AREA DESCRIPTION
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
O
Overall Area Measurement
MR - IRRIGATION
M
Manual
WT
Water Truck
NI
No Irrigation
INO
Irrigation Not Operable
AI
Automated Irrigation
0
ROADSIDE LOCATIONS
0
Area
Acres
Area
Desc.
Irr
P
T
H
U/D
O
Cannery Village Parking Lot
P,H
Al
0.074
0.313
0.387
28th & 30th St. Parking Lots
P,H
WT,AI
0.115
0.715
0.83
McFadden Parking Lot
P,H
WT,AI
0.116
0.112
0.654
0.882
19th St. Street end - bayside
P,H
WT
0.013
0.012
0.025
Marina Park Parking Lot
P,H
M
0.037
0.239
0.276
13th St. Street end - bayside
P
BCH
WT
0.059
0.059
12th St. Street end - bayside
P
BCH
WT
0.059
0.059
I 1st St. Street end - bayside
P
BCH
WT
0.059
0.059
"F" St. Street end - bayside
P
BCH
NI,WT
0.041
0.041
Palm Street Parking Lot
P,H
AI
0.033
0.305
0.338
Miramar Dr. and Balboa Blvd.
P,T,H
AI
0.015
0.056
0.036
0.107
"I" St. Street end - bayside
P,H
NI,WT
0.043
0.013
0.056
"L" St. Street end - oceanside
P,H
NI,WT
0.048
0.015
0.063
"M" St. St. Street end - oceanside
P,H
M, WT
0.031
0.018
0.049
Via Oporto X Central Parking Lot
P,H
Al
0.036
0.367
0.403
Short St. X Newport Blvd. Roadside
P,H
Al
0.146
0.118
0.264
OCTA Bus Stop - Balboa Blvd. X 46th
T,H
AI
0.027
0.018
0.045
OCTA Bus Stop - Balboa Blvd. X River
P,H
Al
0.033
0.024
0.057
Newport Island entrance
P,T,H
Al
0.014
0.009
0.075
37th - Olive St. Street ends off Seashore
P
Al
0.011
0.072
Prospect Street ends off Seashore
P
M
0.004
0.004
Orange Street ends off Seashore
P
AI
0.002
0.002
Summit St. planter
P,H
Al
0.011
0.021
0.032
Cappy's trail/bench area
P
NI,WT
0.172
0.172
W. PCH Roadsides
P,H
At
0.849
1.998
2.847
Superior X PCH Parking Lot
P,T,H
AI
0.486
0.205
. 1.145
1.836
N.W. Quadrant - Newport Blvd. X PCH
P,H
AI
0.071
1.103
1.174
0
S.W. Quadrant - Newport Blvd, X PCH
P,H
AI
0.379
0.379
S.W. Quadrant - Newport Blvd. X PCH
P,H
Al
0.650
0.268
0.918
S.E. Quadrant - Newport Blvd. X PCH
P,H
Al
0.575
0.238
0.813
Newport Blvd. Roadsides
P,H
IN,O,
WT
10.447
0.076
10.523
Mariners Mile Parking Lot
P,H
AI
0.079
1.19
1.269
RockyPoint/Pelican Wall
P,H
Al
0.054
0.036
0.090
Dover Westcliff
P,T,H
AI
0.066
0.636
0.118
0.820
PCH Bayshore Soundwall
P,H
AI
0.035
0.293
0.328
OCTA Bus Stop - Bayshore Dr. X PCH
P,H
AI
0.135
0.129
0.264
Dover Dr. Arterials - Westcliff to Mariners
P
Al
1.308
1.308
Dover Dr. Arterials -(N) Irvine Ave. to Mariners
P
M
0.101
0.101
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
P
NI,WT
0.418
0.418
Westcliff Dr. Arterial (Groves)
P,H
AI
0.612
0.062
0.674
Westcliff Dr. X Santiago
P,T,H
AI
0.006
0.049
0.017
0.072
Groves Bike Trail
P,H
AI
0.056
0.354
1.192
1.602
Irvine Ave. Arterial N of Private Road
P,T,H
Al
0.018
0223
0.045
0.286
Tustin Avenue Streetend
P,H
Al
0.038
0.009
0.047
Anniversary Lane Roadside
P
WT
0.149
0.149
Jamboree Big Canyon Roadside
P,H
NI,WT
0.227
0.204
0.431
Port Dunbar Drive Roadside
T,H
AI
0.741
0.526
1.267
Spyglass Hill Road Roadsides
P,T,H
AI
1.607
0.499
1.188
3.294
San Joaquin Hills Road Roadsides
P,T,H
Al
2.245
1.323
1.022
4.590
PCH - Seaward to Cameo Highlands
P
NI,WT
0.496
0.496
Larkspur Street End
P,H
NI,WT
0.037
0.013
0.050
Jasmine Street End
P,T,H
NI,WT
0.014
0.059
0.025
0.098
Femleaf Ramp
P,H
Al
0.184
0.046
0.230
Bayside Drive - Jamboree to Marguerite
P,H
NI,WT
1.316
0.051
1.367
PCH - Jamboree to Avocado
P,H
Al
1.364
1.28
2.644
PCH - Bayside Drive to Jamboree
P,H
AI
0.018
0.579
0.597
Jamboree - PCH to Bayside
P,H
WT
0.202
0.12]
0323
Promentory Bay Plaza
P,H
Al
0.025
0.093
0.118
Promentory Point &Channel Walk
P,H
Al
0.26
0.211
0.471
Balboa Island Entrance
P,H
Al
0.028
0.029
0.057
Balboa Island - Grand Canal Bridge
P
Al
0.012
0.012
•
MacArthur Blvd. — PCH to San Miguel
Planter
Al
Turf
H
Hardscape
UD
2.545
Balboa Village
Overall Area Measurement
Al
2.508
Entrance to Collins Island
Al
0.010
Big Canyon Reservios along San Miguel
AI
0.514
West Side of Dover — PCH to Cliff Drive
WT
0.016
Castaways Blufftop Trail
WT
1.60
Bayview Way — Across from Fletcher Jones
WT
.454
Polaris slope across from Westcliff Park
Al
.992
Lido/Peninsula Gateway Roadsides at Newport Blvd. x
Via Lido /Short Street
Al
A15
Total Acreage
25.496
3.93
14.314
2.467
55.374
Legend
AD - AREA DESCRIPTION
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
O
Overall Area Measurement
ERR - IRRIGATION
M
Manual
WT
Water Truck
NI
No Irrigation
INO
Irrigation Not Operable
AI
Automated Irrigation
0
EXHIBIT C
FREQUENCY
FUNCTION
FRE UENCY
Irrigation Inspect on
Weekly
Turf Maintenance
Mowing
Once/Week
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Three times /year
Vertical Mow
Once /year
Aerate
Twice/year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Chemical Weed Control
Twice /year
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre - emergent herbicide
Three times per year
Shrub, Vine, and Tree Maintenance
Trim
Six times /year
Fertilize
Twice /year (once/year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Pre-emergent herbicide
Three times per year
Hardscape Maintenance
Five days/week
Seven days/week and 5 days/week per
Grounds Policing/Litter Removal
.34
0
J
Seven days/week and S days /week per -,
Site Inspection
p.34
Balboa Village
Seven days/week
McFadden Parking Lot
Seven days/week
0
EXHIBIT D
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, please contact Randy Kearns
Parks Supervisor at (949) 644 -3082 to confirm.
Controller
Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain Master 805-
527-4498
Rain Master RME Sentar (contact city before using)
Drip and specialized low - volume irrigation
Rain Bird Xerigation
Miscellaneous
Febco 825Y RP
Rain Bird #ST -03UL Snap Tite Connectors
Rain Bird #PT -55 Snap Tite Sealer
Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
Griswold DW Series Valve (Control Valve) ,
Griswold 2000 Series Valve (Master Valve)
Matco 754 Series Full Port Ball Valve (potable)
0 •
Mateo 300RWV Series water valve (reclaimed)
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
TURYTERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod, trees,. shrubs, annuals
and perennials, flowers, and ground covers must be approved by the Park and Tree Maintenance
Superintendent before planting.
All pesticides proposed to be used must be submitted to City with application location and
written recommendation from the Contractor's Pest Control Advisor prior to use. All materials
must be properly labeled and certified for intended use. Proper and legal disposal of any and all
pesticides used is solely the responsibility of the Contractor. All state, county, and City laws
regarding pesticide use and disposal must be followed.
0 0
EXHIBIT E
TECHNICAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Summary ". 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.
All operations will be conducted so as to provide maximum safety for the public
and minimize disruption of the public use of City sites.
Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of
weeds, trash, and other debris.
Contractor will keep sidewalks free of algae where constant runoff occurs.
Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
Contractor will clean sidewalks, roadways, and any other areas littered or soiled
by his maintenance operations.
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.
Prune plant materials adjacent to roadway intersections to provide adequate sight
distance for vehicles entering the intersection.
Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
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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0 •
All insects, plant, turf diseases and other like pests shall be controlled by the
Contractor. Any control measures should be approved first by the Parks and
Trees 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.
All animal feces or other materials detrimental to human health shall be removed
from the park areas immediately.
All broken glass and sharp objects shall be removed immediately.
All sand and wood chip areas abutting maintained areas shall be cleaned when
dirtied by Contractor's operations and at other times as required.
Trash cans provided by the City shall be inspected daily and 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.
All concrete "AP' drains, to include the portion under the sidewalk, shall be kept
free of vegetation, debris and algae to allow unrestricted water flow.
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.
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.
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
31
0 0
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 rain.
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 or 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.
3. Irrigation systems shall be thoroughly inspected by operating all control valves and
checking for proper coverage, leaks, valve actuation, proper timing, and other
operational conditions. Such inspection shall be made weekly June through
September and bi- weekly October through May. However, the contractor shall
be responsible for the proper operation of the system at all times and shall
provide for obvious repairs as they occur or are needed.
32
0 0
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 grass —' /< to 1 '/< inches. Bermuda grass — %s to % .
b. Cool season turf grass including bluegrass, perennial rye, fescues — 1 % to
21/2 inches.
c. Kikuya and St. Augustine turf grass — 1 '/< to 1 '/< inches:
3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
33
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 sites 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).
a. Aerate all turf with a mechanical aerator set with '' /z" 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.
34
0
7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and
the health of the turf plant.
a. Irrigation must be scheduled to avoid either under- watering or over -
watering. .
b. Manually water where necessary.
c. Check operation of irrigation weekly June through September and
biweekly October through May, or more often when conditions warrant, to
insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs, correct as necessary.
10. Scheduling of mowing and turf care maintenance times will be approved by
the City. Attention to public use will dictate schedules, and noise levels will
be kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed free condition.
a. Weeds shall be removed as they appear. A pre - emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 12 -4 -6 slow - release turf fertilizer, at
a rate of 2 pounds actual fertilizer per 1,000 square feet.
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.
35
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 all 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.
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.
36
k. Bark mulch should be replaced as necessary.
1. All plant material will be trimmed to protect property owners ocean views,
bay views, vistas, etc. as needed or as directed by City staff.
2. Contract responsibility covers trimming all trees up to eight (8) feet. Trees.
shall be trimmed as necessary to maintain adequate pedestrian and vehicle
traffic and to provide clearance from buildings, signs and other similar
features.
a. Remove all suckers from base of trees as they develop throughout the
year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor to stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. hnmediately notify the Parks and Trees
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
Trees Superintendent.
g. Water as required to maintain proper and vigorous growth according to
variety. Manual water where necessary.
h. Tree wells shall be maintained with 2" of bark mulch unless ground cover
is present. Weeds shall be removed, including their roots, before they
reach 3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
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.
37
i 0
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks,
patios shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be
blown or otherwise swept onto adjacent streets or property. All debris
must be picked up by the Contractor and removed from the site. Any
equipment that is used for cleaning hardscape must be approved by the City.
General Grounds Policine
1. The Contractor shall provide general grounds policing and inspection six days
per week.
a. Remove all litter and other debris from site six days per week.
b. if refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
notification by the City. Failure . of said removal may result in
deduction of payment for that date or week.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Tree Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions of all
structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
38
4. Graffiti
Hardscape Areas
1. General: (Applies to all hardscape maintenance areas)
a. All hard surface areas shall be inspected five 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.
39
i 0
EXHIBIT F
REQUIRED REPORTS
1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation inspection check list (to include controller and
sire inspection for all sites and a list of any repairs required)
4. Monthly irrigation controller programming charts
10. Extra work approval list
11. Weekly maintenance inspection list for all sites
12. Manual irrigation schedule
13. Annual pesticide safety training records
14. Required tailgate safety meeting records
15. Monthly maintenance report
16. Monthly greenwaste recycling report
17. Water truck Schedule
18. Monthly pest inspection list for all sites, performed by a Qualified
Licensed Applicator
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EXHIBIT G
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope .of
work, including additions and deletions for work not performed, the Contract
Amount 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 the specifications described in
Exhibit E.
FUNCTION COST/UNIT OF MEASURE
TURF
Turf Mow -Reel Blade
Turf Mow- Rotary Blade
Turf Mow and Clippings Picked Up
Turf Edge
Turf String Trim
Turf Chemical Edge 6" Swath
Turf Chemical Edge 12" Swath
Turf Aerify
Turf Fertilize
Turf Dethatch/Renovate
Turf Sweeping
Flail Mow of Natural Areas
HARDSCAPE
Cleaning and weed abatement
GROUNDCOVERS
$2.00/1000 Sq. Ft.
$2.00/1000 Sq. Ft.
$3.00/1000 Sq. Ft.
$1.00 /1000 Linear Ft.
$1.00/ 1000 Linear Ft.
$5.0011000 Linear Ft.
$6.00/1000 Linear Ft.
$3.00 /1000Sq.Ft.
$2.00/1000 Sq. Ft.
$200 /Acre
$3.00/1000 Sq. Ft.
$300 /Acre
$4.00/1000 Sq. Ft.
Mow $3.00/1000 Sq. Ft
Edge $2.00/1000 Linear Ft.
Fertilize $2.00/1000 Sq. Ft.
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SHRUB PRUNING
1 -4 Feet, Lacing $4.00 /Shrub
1 -4 Feet, Hedging $4.00 /Shrub
4 plus Feet, Lacing $8.00 /Shrub
4 plus Feet, Hedging $6.00 /Shrub
TREE PRUNING
PEST CONTROL
$20.00/Tree
Turf disease/insect spray
$30.00 /Hour
Boom Application
$6.00/1000 Sq. Ft.
Hand Application
$6.00 /1000 Sq. Ft.
Turf Broadleaf Spray
$65.00 /Each
Boom Application
$10.00 /1000 Sq. Ft.
Hand Application
$15.00 /1000 Sq. Ft
Groundcover disease /insect spray
$10.00 /1000 Sq. Ft.
Shrub disease/insect spray
$10.00 /1000 Sq. Ft.
Soil Sterilant Applicant
$15.0011000 Sq. Ft.
Turf Pre - Emergent .
$15.00 11000 Sq. Ft.
Landscape Planter Weed Control
$20.00/1000 Sq. Ft.
General Weed Control Post Emergent
$15.0011000 Sq. Ft.
SHRUB PRUNING
1 -4 Feet, Lacing $4.00 /Shrub
1 -4 Feet, Hedging $4.00 /Shrub
4 plus Feet, Lacing $8.00 /Shrub
4 plus Feet, Hedging $6.00 /Shrub
TREE PRUNING
Up to 8 Feet
$20.00/Tree
PLANTING
$30.00 /Hour
1 Gal. Shrub /Tree
$8 /Each
5 Gal. Shrub
$25 /Each
15 Gal. Shrub
$65.00 /Each
24" Box Tree with root barriers
$285 /Each
64 Count Flat Groundcover
$20/Flat
16 Count 4" Flat Annual Color
$30/Flat
Turf -Seed and Top Dress
$.60/1000 Sq. Ft.
Turf -Sod
$1.00 /1000 Sq. Ft.
LABOR
Landscape Maint. Laborer
$25.00 /Hour
Landscape Maint. Leadworker
$30.00 /Hour
Landscape Maint. Supervisor
$35.00 /Hour
Irrigation Specialist
$45.00 /Hour
Pest Control Applicator
$45.00 /Hour
Tree Trimmer
$45.00/Hour
Equipment Operator Heavy Equip.
$45.00/Hour
NEW AREAS
Yearly Sq. Ft. for new median or
Roadside $.12 /Sq. Ft[Year
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EQUIPMENT
Full size 1 -ton Truck $1500.00/Per Month
43
E
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
V7 2005
Agenda Item No. 7
September 27, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 - 644 -3055, mharmon .city.newport-
beach.ca.us
SUBJECT: Award of Landscape Maintenance Contract for Citywide Medians and
Roadsides
ISSUE:
Should the City approve a five year contract with TruGreen Landcare to provide
landscape maintenance services for Citywide medians and roadsides at an annual cost
of $414,000?
RECOMMENDATION:
Approve the attached five year maintenance contract with TruGreen Landcare to
provide landscape maintenance services for Citywide medians and roadsides at an
annual cost of $414,000.
Approve the attached budget amendment in the amount of $78,825 to fund the contract
for the remaining nine months of the fiscal year.
DISCUSSION:
Background:
In 1995, following an extensive study, it was determined to be in the City's best
economic interest to maintain the landscaping of public medians and roadsides by
contract services. In April 1996 the City entered into a five -year contract with California
Landscape Maintenance (CLM) to perform contract landscape maintenance of these
areas.
Subsequently in January 2000, CLM was purchased by TruGreen Landcare (TGL) and
TGL assumed the duties and responsibilities of the existing contract. In 2001, the City
renewed the contract at the same cost for an additional five years. The contract was
Citywide Medians t Roadsides Agreement
September 27, 2005
Page 2
•
year to year, but automatically renewable on an annual basis if the contractor is
performing in a satisfactory manner. TGL could not continue to perform the duties and
responsibilities at their current rate, $20,780 per month ($249,360 per year). TGL and
the City mutually agreed to cancel the existing contract effective March 31, 2005.
Staff completed a Request for Proposal (RFP) and a contract was awarded to Spectrum
Care Landscape at an annual cost of $308,900. Shortly after awarding the contract to
Spectrum Land Care, it became evident that the company was unable to provide the
necessary staffing levels and maintenance detail necessary to complete the contract.
On August 15, 2005, Spectrum Land Care delivered a 30 -day notice to the City to
terminate landscape maintenance services. The contract allowed the contractor to give
the City a 30 -day notice to terminate services. Attached is a follow -up letter, dated
August 29, 2005, indicating that Spectrum Land Care will continue to work through
September 30, 2005 to ensure a smooth transition with the new contractor.
In response to Spectrum Land Care's termination of the contract, staff drafted an RFP
for median and roadside landscape maintenance and mailed the RFP to 16 qualified
contractors. Four of the 16 contractors attended the mandatory pre -bid meeting and
tour on September 7, 2005 and two of those companies submitted proposals.
The costs to provide the services are as follows:
Monthly Annual
TruGreen Landcare $34,500 $414,000
Midod Gardens Landscape $69,475 $833,700
TruGreen Landcare (TGL) submitted the lowest cost proposal that met all of the
requirements of the RFP. Staff has reviewed the proposal and verified the submitted
references and insurance policies submitted by TGL. TGL performs similar landscape
maintenance in the Cities of San Clemente, Cerritos, and La Mirada, as well as the City
of Newport Beach. Staff has visited the cities noted to verify the landscape
maintenance levels.
The attached proposed contract provides for landscape maintenance of City medians
and roadsides. The contract with TGL is set to commence on October 1, 2005 and has
the option of being extended for up to four (4) additional one (1) year terms. The
contract does allow for a CPI increase, not to exceed 2% per year, starting in the
second year (January 2007). This clause was included so we do not again experience
a contractor being unable to provide sufficient resources to the C ity due to arise in
costs for labor, materials, or operational costs such as insurance. Additionally, staff has
removed the clause which allows the contractor to give the City a 30 -day notice to
terminate services.
0
Citywide Medians nd Roadsides Agreement
September 27, 2005
Page 3
Funding Availability:
Funds were budgeted in the FY 04 -05 budget for the landscape maintenance of
Citywide medians and roadsides in the amount of $308,900. Since funds were
budgeted for the previous Spectrum Land Care bid, an additional $78,825 to fund the
remainder of the fiscal year is requested to cover the increased contract costs in the
attached budget amendment.
Environmental Review:
This project does not require environmental review.
Prepared by:
Submitted
Mike Pisani, ialH,
Deputy Director Director
Attachment: (1) Proposed Contractor Agreement
(2) Letter from Spectrum Land Care dated August 28, 2005
(3) Budget Amendment
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CONTRACTOR SERVICE AGREEMENT
WITH TRUGREEN LANDCARE, L.L.C. FOR LANDSCAPE MAINTENANCE
OF CITY STREET MEDIANS AND ROADSIDES
THIS AGREEMENT, entered into this day of September of 2005,
( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a
Municipal Corporation and Charter City ( "City "), and TRUGREEN LANDCARE, L.L.C.,
a limited liability California corporation located at 1150 W. Trenton Avenue, Orange,
92867 ( "Contractor" or TruGreen "), 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 1995, City maintained City street medians and roadsides using its
own employees and equipment. Subsequently, City determined that it was in the City's
best economic interests that these functions be performed by a private contractor.
C. City desires to engage Contractor to provide landscaping and
maintenance services to the City.
D. In September 2005, City prepared a Request for Proposal (RFP) seeking
proposals for landscape maintenance of City medians and roadside areas from qualified
landscape maintenance companies. Contractor submitted the lowest bid among the
firms that responded to the RFP.
E. Contractor possesses the skill, experience, ability, background,
certification, and knowledge to provide the services described in this Agreement.
F. City 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, common nature and
frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement.
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NOW, THEREFORE, it is mutually agreed by and between the undersigned as
follows:
1. TERM
Unless earlier terminated as outlined below, the term of this Agreement shall be
for a period of one (1) year. The term shall commence within ten (10) working days of
City Council approval and upon receipt and approval of all required bonds and
insurance. The term of this Agreement shall automatically be extended for four (4)
additional one (1) year terms (automatic extensions) with the first extension to
commence upon the expiration of the initial term or any extended term, unless the City
notifies the Contractor in writing at least thirty (30) days before the end of the initial term
or any extended term of its intent to terminate this Agreement at the conclusion of the
initial term or any extension. City reserves the right to terminate the Agreement
unilaterally at any time upon thirty (30) days written notice to Contractor. 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 median and
roadside locations listed in Exhibit B. The services shall be performed at least as
frequently as specified in Exhibit C. City shall have the right to alter the frequency of
maintenance as necessary to ensure the 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 D. Contractor
shall perform the work according to the Technical Maintenance Specifications outlined
in Exhibit E. Reports shall be submitted by the Contractor in accordance with Exhibit
F. Unit Prices and Costs for extra work are contained in Exhibit G. 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.
a
b
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WORKMANSHIP. SUPERVISION AND EQUIPMENT 9
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 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 ensuring that all employees adhere
to the specifications outlined in this Agreement and the exhibits hereto. 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. Previous successful work force levels included: one (1) supervisor and
fourteen (14) full -time positions, including one (1) leadworker, two (2) full -time. irrigation
technicians each with a fully stocked vehicle, three (3) full -time positions to perform the
mowing /turf maintenance, five (5) positions to perform detailed maintenance, two (2)
positions to perform litter pickup and policing Citywide, and one (1) pesticide technician
with a Qualified Applicators License.
D. All Contractor personnel working under this Agreement shall be neat in
appearance and dressed in uniforms as approved by the Parks and Tree Maintenance
Superintendent when performing contract services. All Contractor personnel shall wear
identification badges or patches. Those 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
9
shall bear the identification of the Contractor and clearly include the following: "serving
for the City of Newport Beach."
G. Contractor shall provide an Operation Manager to coordinate work with
the City Administrator and ensure satisfactory performance of contract services. An
area supervisor shall coordinate work crews on a daily basis to ensure compliance with
the terms of this Agreement.
4. 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.
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 Four Hundred and Fourteen Thousand
Dollars ($414,000.00) per year ( "Contract Amount ") to perform all the work and
services contemplated by and described in Exhibits A through F. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City, subject to any applicable offsets as outlined herein or in the
attached exhibits. 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."
On January 1, 2007 and every twelve (12) months thereafter during which the
contract remains in effect, the Contract Amount shall be adjusted in proportion to
changes in the Consumer Price Index, subject to the 2% 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
Z.
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Price Index for the same calendar month immediately prior to Commencement Date. 40
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, 2006 base year, published by the United States Department of
Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is
no longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. 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% of the Contract Amount in effect immediately preceding such
adjustment.
This Agreement shall be governed by 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).
It shall be the sole obligation of the Contractor to comply with all labor laws, rules and
regulations including, but not limited to, the requirement to pay prevailing wages and the
City shall not be liable for any violation of any labor laws, rules and regulations.
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.
5
H
B. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit D in
performing contract services. Any deviation from the materials described in Exhibit D
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 fifteen percent (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.
9. REPAIRIREPLACEMENT
A. The Contractor shall adopt reasonable methods during the life of this
Agreement to furnish continuous protection to the City's property, including plants and
irrigation system equipment 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 it agents, employees, representative 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
which has been damaged by the acts of Contractor or its employees. Contractor shall
6
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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 work sites 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 the Agreement.
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 required by or provided under. this Agreement (including, without
limitation, defects in workmanship andlor materials) or Contractor's presence or activities
while on City property (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.
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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.
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:
L 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.
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 assignments are commercially
reasonable and that Contractor does possess special skills, abilities, and personnel
uniquely suited to the performance of Contract Services and any assignment of this
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Agreement to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any subcontractors
unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general partner orjoint
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.
01 D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator within ten (10)
days after the end of each month. Irrigation programming schedules will be submitted
monthly. A phone log will be submitted monthly of all calls from the City of Newport
Beach General Services Department and the City of Newport Beach Police Department
to the Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
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
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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 any additional services provided in accordance
with the unit prices specified in Exhibit G.
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 Exhibit A. In the event the location is withdrawn for a
period of less than a full one (1) year term, Contractor's compensation shall be reduced
on a prorated basis.
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 DEFICIENCES 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
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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
certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during 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 conforrn to all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the Federal Fair
10 Labor Standards Act.
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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.
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 based on
race, religion, color, sex, handicap, national origin, or other basis that is violative of the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
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 notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
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All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
TruGreen LandCare, L.L.C.
1150 West Trenton Avenue
Orange, CA 92867
26. TERMINATIONIDEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such default is
not cured within a period of two (2) working days, or if more than two (2) working days
are reasonable required to cure the default and Contractor fails to give adequate
assurance of due performance within two (2) working days after Contractor receives
written notice of default from City, City may terminate the Agreement forthwith by giving
written notice. City may, in addition to the other remedies provided in this or authorized
by law, terminate this Agreement by giving written notice of termination.
B. This Agreement may be terminated at anytime, without cause by City
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 the contract
services are performed as well and as frequently as required by this Agreement.
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27. COMPLIANCE WITH ALL LAWS
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.
28. 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
chaeacter.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements
of whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon.
30. AMENDMENTS 0
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.
31. 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.
32. 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.
APPROVED AS TO FORM:
By o--• -- _ Aaron C. C. Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless, City Clerk
f: userslCAT /shared \Donna Bigi uGreen Contract - Medians.doc
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CITY OF NEWPORT BEACH
A Municipal Corporation
John Heffernan, Mayor
City of Newport Beach
CONTRACTOR:
TRUGREEN LANDCARE, L.L.C.
L
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Print Name:
Title:
(Corporate Officer)
on
Print Name:
Title:
(Corporate Financial Officer)
M
List of Exhibits 0
Exhibit A Scope of Work & Bid Unit Costs
Exhibit B Median /Roadside Locations
Exhibit C Maintenance Frequency Schedule
Exhibit D Standard Materials
Exhibit E Technical Maintenance Specifications
Exhibit F Required Reports
Exhibit G Unit Prices
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EXHIBIT A
SCOPE OF WORK
I. INTENT
The intent of these specifications is to provide full and complete contract landscape
maintenance at designated sites, herein described, and that such site be kept in a healthy,
vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Contractor shall furnish all labor, equipment,. materials, and supervision to perform
landscape maintenance as described herein including, but not limited to, the following:
1. Weeding, cultivating and brush control both mechanically and with chemicals.
2. Fertilizing.
3. Shrub and groundcover trimming, pruning, training.
4. Minor tree pruning and staking.
5. Irrigation programming, monitoring, maintenance, and repair.
6. General rodent, pest and disease control on landscape planting and turf.
7. Mowing, verticutting, and aerifying.
8. General litter control, refuse removal, and grounds policing.
9. Plant replacement.
10. Hardscape cleaning.
11. Access roadway clearance and visibility maintenance.
12. General drainage structure and system maintenance.
13. Drinking fountain maintenance.
14. Reporting for vandalism, graffiti, or any safety concerns.
15. Tree trimming trees under 8 feet.
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It shall NOT be the Contractor's responsibility to maintain or repair: i
1. Area lighting systems
2. Fencing
3. Gates
4. Any building located at the specified site
5. Graffiti
6. Vandalism
7. Signage
8. Damage resulting fi-om vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent required in the
technical specifications of the Bid Schedules.
10. Trees over 8 feet in height. 0
11. Hadscape repairs, (curbs, gutters, sidewalks, etc.)
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 with written approval by the City
Administrator. No Saturday or Sunday work is to be scheduled other than litter control
and refuse, 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.
IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest landscape maintenance
standard, as stated in the enclosed maintenance specification description. Standards and
frequencies may be modified from time to time as deemed necessary by the City for the
proper maintenance of the sites.
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
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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.
V. 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.
VI. SPECIFICATIONS
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the work
called for in these specifications or reasonably implied by terms of same. Work or
materials of a minor nature which may not be specifically mentioned, but which may be
reasonably assumed as necessary for the completion of this work, shall be performed by
the Contractor as if described in the specifications.
VII. 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.
VIII. 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
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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.
IX. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape material
recycling center or reused in some mamner. 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 or 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.
X. RECORDS
Contractor shall keep accurate records concerning all of its employees or agents and
provide the City with names and telephone numbers of emergency contact employees.
Contractor shall complete a monthly maintenance report indicating work performed and
submit this completed report to the Parks and Tree Maintenance Superintendent. This
report should also contain a description, including man- hours, equipment, and materials
breakdowns and costs used to accomplish any additional work which the Contractor
deems to be beyond the scope of the contract and which has been approved by the City in
accordance with the Agreement. Payment for any extra work will not be authorized
unless the additional work, and costs thereof are first approved 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 landscape maintenance tasks required by this agreement and the months of the year
they are scheduled to be performed. If it is necessary to make periodic revisions to this
maintenance schedule, a modified calendar must be submitted to the Parks and Tree
Maintenance Superintendent for approval prior to the date the changes are to take effect.
The Contractor shall permit the City to inspect and audit its books and records regarding
City - provided services at any reasonable time.
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9 XI. 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 after receiving notification.
XII. 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.
XIII. 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. .A licensed Pest Control
Operator must be provided to apply all restricted chemical materials.
XIV. 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, cell phone, 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.
XV. SCHEDULES
Annual Schedule
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 site in a manner which shall
correspond to the weekly schedules.
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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.
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. I* n
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.
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9 XVI. 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 work force to show good progress on the work shall result in
deduction of payments to reflect only the work actually accomplished,
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.
XVII. 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 Trees Maintenance
Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48 hours before
commencing any excavation, to locate underground service lines.
XVIII. Pesticides
The City must maintain all documents that pertain to the use of pesticides on its property.
Contractor must provide the Parks and Tree Maintenance Superintendent with all of the
following:
1. A copy of 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. Contractor shall not use any pesticide that has not been authorized by the Parks and
Trees Maintenance Superintendent.
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7. Pest Control Operator will be assigned to contract to apply restricted materials.
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BXFiiBiT A - Bid Unit Prices and Costs
BID UNIT COSTS
Medians Unit Cost/Year
FE
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Area
G St. X Balboa Blvd
$240.00
Balboa Blvd. - Medina Way to 21st St. (1)
$152.00
Balboa Blvd. - Medina Way to 21st St. (2)
$994.00
McFadden Interchange Medians
$1306.00
Villa Way X 29th St.
$152.00
M St. Median
$415.00
Via Lido - Newport Blvd. to Via Operto
$281.00
Newport Blvd. X Via Lido
$713.00
Clubhouse X Finley
169.00
Balboa Blvd. - PCH to 32nd St.
$1717.00
Superior Ave. north of PCH
$1824.00
Newport Blvd. -.PCH to Industrial Way
$4516.00
PCH - Santa Ana River to Newport Blvd.
$8369.00
PCH - E. of Riverside Avenue
$446.00
St. James Road X Kings PIace
$147.00
Margaret Dr. between Tustin .& Irvine
$31.00
Westcliff Dr. - Irvine Ave to Dover
$1266.00
Triangular median - Westcliff XDover
$615.00
Dover Dr. - Westcliff to PCH
$ 3665.00
Irvine Ave. - Westcliff to Dover
2381.00
Irvine Ave. - Dover to Holiday Road
$2336.00
Irvine Ave. - Santiago to University
$6282.00
Jamboree Road - Bristol to PCH
$22,930.00
University Dr - Jamboree to MacArthur
$360.00
Vista Del Sol
$1948.00
Ford Road - Jamboree to San Miguel
$5044.00
San Miguel - Ford Road to Avocado
$11,485.00
San Joaquin - Spyglass to Backbay Rd.
$21,428.00
PCH - Dover to Newport Coast Dr.
$20,737.00
MacArthur at PCH
$165.00
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El Paseo Dr
450.00
Avocado - Waterfront to PCH
$4459.00
Corinthian Way— West of MacArthur Blvd.
$143.00
Newport Place Drive —West of MacArthur Blvd.
$584.00
MacArthur Blvd. —North of Jamboree
1182.00
Jamboree Road — Bristol to Campus Drive
3772.00
Balboa Blvd. at A Street
$22.00
MacArthur Blvd. — PCH to Bison
$ 24531.00
Bonita Canyon Rd — MacArthur Blvd to Hwy 73
$ 7629.00
Park Avenue
$3081.00
Total Cost / Year
Total
$167,967.00
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0 Roadsides Unit Cost/Year
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Area
Cannery Village Parking Lot
1725
28th & 30th St, Parking Lots
$3701.00
McFadden Parking Lot
$3932.00
19th St. Street end - bayside
$111.00
Marina Park Parking Lot
$1231.00
13th St. Street end - bayside
$263.00
12th St. Street end - bayside
$263.00
I 1st St. Street end - bayside
$263.00 t
"F" St. Street end - bayside
$183.00
Palm Street Parking Lot
$1507.00
Miramar Dr. and Balboa Blvd.
$477.00
"I" St. Street end - bayside
$250.00
"L" St. Street end - oceanside
$281.00
"M" St. St. Street end - oceanside
$218.00
Via Oporto X Central Parking Lot
$1797.00
Short St. XNewport Blvd. Roadside
$1177.00
OCTA Bus Stop - Balboa Blvd. X 46th
$201.00
OCTA Bus Stop - Balboa Blvd. X River
254.00
Newport Island entrance planters
$334.00
37th - Olive St. Street ends off Seashore
321.00
Prospect Street ends off Seashore
$18.00
Orange Street ends off Seashore
$9.00
Summit St. planter
$143.00
Cappy's traibbench area
$767.00
W. PCH Roadsides
$12,693.00
Superior X PCH Parking Lot
$8186.00
N.W. Quadrant - Newport Blvd. X PCH
$5234.00
S.W. Quadrant - Newport Blvd. X PCH
$1690.00
S.W. Quadrant - Newport Blvd. X PCH
$4093.00
S.E. Quadrant - Newport Blvd. X PCH
3625.00
Newport Blvd. Roadsides
$46 462.00
51
3t
F,
Ap
Mariners Mile Parking Lot
$5658.00
RockyPoint/Pelican Wall
$401.00
Dover Westcliff
$3656.00
PCH Bayshore Soundwall
1462.00
OCTA Bus Stop - Bayshore Dr. X PCH
$1177.00
Dover Dr. Arterials - Westcliff to Mariners
$5832.00
Dover Dr. Arterials -(N) Irvine Ave. to Mariners
451.00
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
$1864.00
Westcliff Dr. Arterial (Groves)
3005.00
Westcliff Dr. X Santiago
321.00
Groves Bike Trail
7143.00
Irvine Ave. Arterial N of Private Road
$1275.00
Tustin Avenue Streetend
$210.00
Anniversary Lane Roadside
$664.00
Jamboree Big Canyon Roadside
$1922.00
Port Dunbar Drive Roadside
5649.00
Spyglass Hill Road Roadsides
$14,686.00
San Joaquin Hills Road Roadsides
$20.065.00
PCH - Seaward to Cameo Highlands
2211.00
Larkspur Street End
Jasmine Street End
437.00
Femleaf Ramp
1025.00
Bayside Drive - Jamboree to Marguerite
$6095.00
PCH - Jamboree to Avocado
$11,788.00
PCH - Bayside Drive to Jamboree
2662.00
Jamboree - PCH to Bayside
$1440.00
Promentory Bay Plaza
526.00
Promentory Point & Channel Walk
$2100.00
Balboa Island Entrance
254.00
Balboa Island - Grand Canal Bridge
$54.00
MacArthur Blvd. — PCH to San Miguel
$11,347.00
Balboa Village
$11,182.00
Entrance to Collins Island
45.00
Big Canyon Reservios along San Miguel
2292.00
West Side of Dover — PCH to Cliff Drive
71.00
Castaways Blufftop Trail
7134.00
52
E
0
11
32
0
\J
Bayview Way — Across from Fletcher Jones
0
Polaris slope across from WestcfiffPark
4423.00
Lido/Peninsula Gateway Roadsides at Newport Blvd. x Via Lido/Short Street
$ 1850.00
Total Cost /Year
Total $246,033.00
53
33
I
EXHIBIT B
MEDIAN LOCATIONS
0
;u
Area
Acres
Area
Description
Irrigation
P
T
H
U/D
O
G St. X Balboa Blvd.
P,H
AT
0.032
0.022
0.054
Balboa Blvd. - Medina Way to 21st St. (1)
P
WT
0.034
0.034
Balboa Blvd. - Medina Way to 21 st St. (2)
P
NI,WT
0.223
0.223
McFadden Interchange Medians
P,T,H
AI
0.032
0.241
0.02
0.293
Villa Way X 29th St.
P,H
AT
0.02
0.014
0.034
M St. Median
P,T,H
AT
0.003
0.051
0.039
0.093
Via Lido - Newport Blvd. to Via Operto
P,H
AI
0.025
0.038
0.063
Newport Blvd. X Via Lido
P,H
AT
0.019
0.141
0.16
Clubhouse X Finley
P,H
AT
0.02
0.018
0.038
Balboa Blvd. - PCH to 32nd St.
P,H
AT
0.068
0.317
0.385
Superior Ave. north of PCH
P,H
AI
0.020
0.389
0.409
Newport Blvd. - PCH to Industrial Way
P,H
INO,WT
0.461
0.552
1.013
PCH - Santa Ana River to Newport Blvd.
P,H
AI
0.607
1.27
1.877
PCH - Mariners Mile
P,H
AI
0.016
0.077
0.100
St. James Road X Kings Place
P,T
AI
0.005
0.028
0.033
Margaret Dr. between Tustin & Irvine
P
NI,WT
0.007
0.007
Westcliff Dr. - Irvine Ave to Dover
P,H
INO,WT
0.132
0.152
0.284
Triangular median - Westcliff X Dover
P,T,H
AI
0.005
0.108
0.025
0.138
Dover Dr. - Westcliff to PCH
P,H
INO,WT
0.327
0.495
0.822
Irvine Ave. - Westcliff to Dover
P,H
AT
0.534
Irvine Ave. - Dover to Holiday Road
P,H
AI
0.524
Irvine Ave. - Santiago to University
P,T,H
AI
0.057
0.966
0.386
1.409
Jamboree Road - Bristol to PCH
P,T,H
AT
0.068
3.363
1.712
5.143
University Dr - Jamboree to MacArthur
T,H
AT
0.112
0.172
0.284
Vista Del Sol
P,T
AI
0.121
0.316
0.437
Ford Road - Jamboree to San Miguel
P,T,H
AI
0.012
0.679
0.53
1.221
San Miguel- Ford Road to Avocado
P,T,H
AI
0.081
1.643
0.852
2.576
San Joaquin - Spyglass to Backbay Rd.
P,T,H
AI
0.735
2.697
1.374
4.806
0
;u
0 9
r
PCH — Dover to Newport Coast Drive
P,H
AI
Turf
H
Hardscape
UD
4.651
MacArthur at PCH
H
AI
0.037
0.037
ElPaseo Dr
P
Al
0.101
0.101
Avocado - Waterfront to PCH
P,T
WT,AI
0.286
0.23
0.516
Corinthian Way — West of MacArthur Blvd.
AI
.032
Newport Place Drive — West of MacArthur Blvd.
AI
0.131
MacArthur Blvd. — North of Jamboree
Al
0.265
Jamboree Road — Bristol to Campus Drive
Al
0.846
Balboa Blvd. at A Street
Al
.005
MacArthur Blvd. — PCH to Bison
Al
5.502
Bonita Canyon Rd — MacArthur Blvd to Hwy 73
Al
1.711
Park Avenue
P,H
Al
0.587
0.104
0.691
Total Acreage
4.003
10.535
8.766
0
37.482
Legend
0 AD - AREA DESCRIPTION
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
O
Overall Area Measurement
IiC7�1.�CictiAll Ll
M
Manual
WT.
Water Truck
NI
No Irrigation
INO
Irrigation Not Operable
AI
Automated Irrigation
E
3S
• •
ROADSIDE LOCATIONS
r
0
0
2 (�
Area
Acres
Area
Desc.
Irr
P
T
H
U/D
O
Cannery Village Parking Lot
P,H
Al
0.074
0.313
0.387
281h & 30th St. Parking Lots
P,H
WT,AI
0.115
0.715
0.83
McFadden Parking Lot
P,H
WT,AI
0.116
0.112
0.654
0.882
19th St. Street end - bayside
P,H
WT
0.013
0.012
0.025
Marina Park Parking Lot
P,H
M
0.037
0.239
0.276
13th St. Street end - bayside
P
BCH
WT
0.059
0.059
12th St. Street end - bayside
P
BCH
WT
0.059
0.059
I 1st St. Street end - bayside
P
BCH
WT
0.059
0.059
"F" St. Street end - bayside
P
BCH
NI,WT
0.041
0.041
Palm Street Parking Lot
P,H
Al
0.033
0.305
0.338
Miramar Dr. and Balboa Blvd.
P,T,H
Al
0.015
0.056
0.036
0.10
"I" St. Street end - bayside
P,H
NI,WT
0.043
0.013
0.056
"L" St. Street end - oceanside
P,H
NI,WT
0.048
0.015
0.063
"M" St. St. Street end - oceanside
P,H
NI,WT
0.031
0.018
0.049
Via Oporto X Central Parking Lot
P,H
Al
0.036
0.367
0.403
Short St. X Newport Blvd. Roadside
P,H
Al
0.146
0.118
0.264
OCTA Bus Stop - Balboa Blvd. X 46th
T,H
Al
0.027
0.018
0.045
OCTA Bus Stop - Balboa Blvd. X River
P,H
Al
0.033
0.024
0.057
Newport Island entrance
P,T,H
Al
0.014
0.009
0.075
37th -Olive St. Street ends off Seashore
P
Al
0.011
0.072
Prospect Street ends off Seashore
P
M
0.004
0.004
Orange Street ends off Seashore
P
AI
0.002
0.002
Summit St. planter
P,H
Al
0.011
0.021
1 0.032
Cappy's trail bench area
P
NI,WT
0.172
0.172
W. PCH Roadsides
PH
AI
1 0.849
1.998
2.847
Superior X PCH Parking Lot
P,T,H
Al
0.486
0.205
1.145
Ell
1.836
N.W. Quadrant - Newport Blvd, X PCH
P,H
Al
0.071
3
1.174
0
0
2 (�
1
`n`,,
�
.
9
• •
S.W. Quadrant - Newport Blvd. X PCH
P,H
AI
0.379
0.379
S.W. Quadrant - Newport Blvd. X PCH
P,H
Al
0.650
0.268
0.918
S.E. Quadrant - Newport Blvd. X PCH
P,H
Al
0.575
0.238
0.813
Newport Blvd. Roadsides
P,H
IN,O,
WT
10.447
0.076
10.523
Mariners Mile Parking Lot
P,H
Al
0.079
1.19
1.269
Rocky Point/Pelican Wall
P,H
Al
0.054
0.036
0.090
Dover X Westcliff
P,T,H
Al
0.066
0.636
0.118
0.820
PCH Bayshore Soundwall
P,H
AI
0.035
0.293
0.328
OCTA Bus Stop - Bayshore Dr. X PCH
P,H
AI
0.135
0.129
0.264
Dover Dr. Arterials - Westcliff to Mariners
P
Al
1.308
1.308
Dover Dr. Arterials -(N) Irvine Ave. to Mariners
P
M
0.101
0.101
Dover Dr. Arterials -(S) Irvine Ave. to Mariners
P
NI,WT
0.418
0.418
Westcliff Dr. Arterial (Groves)
P,H
Al
0.612
0.062
0.674
Westcliff Dr. X Santiago
P,T,H
AI
0.006
0.049
0.017
0.072
Groves Bike Trail
P,H
Al
0.056
0.354
1.192
1.602
Irvine Ave. Arterial N of Private Road
P,T,H
Al
0.018
0.223
0.045
0.286
Tustin Avenue Streetend
P,H
Al
0.038
0.009
0.047
Anniversary Lane Roadside
P
WT
0.149
0.149
Jamboree Big Canyon Roadside
P,H
NI,WT
0.227
0.204
0.431
Port Dunbar Drive Roadside
T,H
Al
0.741
0.526
1.267
Spyglass Hill Road Roadsides
P,T,H
Al
1.607
0.499
1.188
3.294
San Joaquin Hills Road Roadsides
P,T,H
Al
2.245
1.323
1.022
4.590
PCH - Seaward to Cameo Highlands
P
NI,WT
0.496
0.496
Larkspur Street End
P,H
NI,WT
0.037
0.013
0.050
Jasmine Street End
P,T,H
NI,WT
0.014
0.059
0.025
0.098
Femleaf Ramp
P,H
Al
0.184
0.046
0.230
Bayside Drive - Jamboree to Marguerite
P,H
NI,WT
1.316
0.051
1.367
PCH - Jamboree to Avocado
P,H
AI
1.364
1.28
2.644
PCH - Bayside Drive to Jamboree
P,H
Al
0.018
0.579
0.597
Jamboree - PCH to Bayside
P,H
WT
0.202
0.121
0.323
Promentory Bay Plaza
P,H
Al
0.025
0.093
0.118
Promentory Point & Channel Walk
P,H
AI
0.26
0.211
0.471
Balboa Island Entrance
P,H
AI
0.028
0.029
0.057
Balboa Island - Grand Canal Bridge
P
AI
0.012
0.012
5-)
0
}
MacArthur Blvd. — PCH to San Miguel
Planter
Al
Turf
H
Hardscape
UD
2.545
Balboa Village
Overall Area Measurement
AI
2.508
Entrance to Collins Island
Al
0.010
Big Canyon Reservios along San Miguel
Al
0.514
West Side of Dover— PCH to Cliff Drive
WT
6.016
Castaways Blufftop Trail
WT
1.60
Bayview Way — Across from Fletcher Jones
WT
.454
Polaris slope across from Westcliff Park
Al
.992
Lido/Peninsula Gateway Roadsides at Newport Blvd. x
Via Lido /Short Street
Al
.415
Total Acreage
25.496
3.93
14.314
2.467
55.374
Legend
AD - AREA DESCRIPTION
P
Planter
T
Turf
H
Hardscape
UD
Undeveloped
O
Overall Area Measurement
IRR - IRRIGATION
M
Manual
WT
Water Truck
NI
No Irrigation
INO
Irrigation Not Operable
Al
Automated Irrigation
1]
36
0
E
•
EXHIBIT C
FREQUENCY
FUNCTION 11FREOUENCY
Inspection
Weekl
.Irrigation
Turf Maintenance
Mowing
Once /Week
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Three times /year
Vertical Mow
Once /year
Aerate
Twice/year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Chemical Weed Control
Twice/year
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice/year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre - emergent herbicide
Three times per year
Shrub, Vine, and Tree Maintenance
Trim
Six times/year
Fertilize
Twice/year (once/year for trees)
Restake /Check
Each site visittevery two weeks min.
Visual Inspection
Weekly
Pre-emergent herbicide
Three times per year
Hardscape Maintenance
Five days /week
Seven days /week and 5 days/week per
Grounds PolicingfLitter Removal
p.34
>5.
t
Seven days/week and 5 days /week per
Site Inspection p.34
Balboa Village Seven days /week
McFadden Parking Lot Seven days/week
I*
•
EXHIBIT D
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, please contact Randy Kearns
Parks Supervisor at (949) 644 -3082 to confirm.
Controller
Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain Master 805-
527 -4498
Rain Master RME Sentar (contact city before using)
Drip and specialized low - volume irrigation
Rain Bird Xerigation
Miscellaneous
Febco 825Y RP
Rain Bird #ST -03UL Snap Tire Connectors
Rain Bird #PT -55 Snap Tite Sealer
Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
Griswold DW Series Valve (Control Valve)
Griswold 2000 Series Valve (Master Valve)
Mateo 754 Series Full Port Ball Valve (potable)
q (
0
Matco 300RWV Series water valve (reclaimed)
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 ITV x 12 "D
Round Valve Box - Plastic -10"
0
Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
Rain Master EVFM Flow Sensor
TURF FERTILIZERS, ETC.:
1. All commercial fertilizers must be homogenous.
2. All organic fertilizers must have lowest salinity rate possible.
3. No steer or chicken manure is allowed.
4. All fertilizers, planting medium, humus material, etc. must be City approved.
PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals
and perennials, flowers, and ground covers must be approved by the Park and Tree Maintenance
Superintendent before planting.
All pesticides proposed to be used must be submitted to City with application location and
written recommendation from the Contractor's Pest Control Advisor prior to use. All materials
must be properly labeled and certified for intended use. Proper and legal disposal of any and all
pesticides used is solely the responsibility of the Contractor. All state, county, and City laws
regarding pesticide use and disposal must be followed.
UV
0 0
EXHIBIT E
TECHNICAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in the
"Maintenance Frequency Summary'. 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.
All operations will be conducted so as to provide maximum safety for the public
and minimize disruption of the public use of City sites.
Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of
weeds, trash, and other debris.
Contractor will keep sidewalks free of algae where constant runoff occurs.
Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
Contractor will clean sidewalks, roadways, and any other areas littered or soiled
by his maintenance operations.
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.
Prune plant materials adjacent to roadway intersections to provide adequate sight
distance for vehicles entering the intersection.
Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
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.
30
45
0
All insects, plant, turf diseases and other like pests shall be controlled by the
Contractor. Any control measures should be approved first by the Parks and
Trees 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.
All animal feces or other materials detrimental to human health shall be removed
from the park areas immediately.
All broken glass and sharp objects shall be removed immediately.
All sand and wood chip areas abutting maintained areas shall be cleaned when
dirtied by Contractor's operations and at other times as required.
Trash cans provided by the City shall be inspected daily and 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.
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.
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.
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.
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
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
31
yk{
• •
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 rain.
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 or 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.
3. Irrigation systems shall be thoroughly inspected by operating all control valves and
checking for proper coverage, leaks, valve actuation, proper timing, and other
operational conditions. Such inspection shall be made weekly June through
September and bi- weekly October through May. However, the contractor shall
be responsible for the proper operation of the system at all times and shall
provide for obvious repairs as they occur or are needed.
32
({J
•
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. Pickup all litter prior to mowing.
2. Mow turf to the following heights:
a. Wann season turf grass — % to 1 '/, inches. Bermuda grass —!/2 to % .
b. Cool season turf grass including bluegrass, perennial rye, fescues — 1 '/2 to
2 '/x inches.
c. Kikuya and St. Augustine turf grass —1 '/. to I % inches.
3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
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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 sites 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).
a. Aerate all turf with a mechanical aerator set with '' /z" 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.
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7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and
the health of the turf plant.
a. Irrigation must be scheduled to avoid either under - watering or over -
watering.
b. Manually water where necessary.
c. Check operation of irrigation weekly June through September and
biweekly October through May, or more often when conditions warrant, to
insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation,
damage, and other needs, correct as necessary.
10. Scheduling of mowing and turf care maintenance times will be approved by
the City. Attention to public use will dictate schedules, and noise levels will
be kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed free condition.
a. Weeds shall be removed as they appear. A pre - emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 12 -4 -6 slow - release turf fertilizer, at
a rate of 2 pounds actual fertilizer per 1,000 square feet.
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.
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9 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 all 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.
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.
36
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k. Bark mulch should be replaced as necessary. 9
1. All plant material will be trimmed to protect property owners ocean views,
bay views, vistas, etc. as needed or as directed by City staff.
2. Contract responsibility covers trimming all trees up to eight (8) feet. Trees
shall be trimmed as necessary to maintain adequate pedestrian and vehicle
traffic and to provide clearance from buildings, signs and other similar
features.
a. Remove all suckers from base of trees as they develop throughout the
year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor to stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. Immediately notify the Parks and Trees
Superintendent if any of the above conditions exists.
f. Except for emergency removal, no treelshrub 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
Trees Superintendent.
g. Water as required to maintain proper and vigorous growth according to
variety. Manual water where necessary.
h. Tree wells shall be maintained with 2" of bark mulch unless ground cover
is present. Weeds shall be removed, including their roots, before they
reach 3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
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.
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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 corder any circumstance be
blown or otherwise swept onto adjacent streets or property. All debris
must be picked up by the Contractor and removed from the site. Any
equipment that is used for cleaning hardscape must be approved by the City.
General Grounds Policing
1. The Contractor shall provide general grounds policing and inspection six days
per week.
a. Remove all litter and other debris from site six days per week.
b. If refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
notification by the City. Failure of said removal may result in
deduction of payment for that date or week.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Tree Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions of all
structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
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4. Graffiti
Hardscape Areas
1. General: (Applies to all hardscape maintenance areas)
a. All hard surface areas shall be inspected five 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.
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5-V
EXHIBIT F
REQUIRED REPORTS
1. Annual Maintenance Schedule
2. Weekly Maintenance Schedule
3. Weekly Performance Report
4. Monthly Chemical Use Report
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers
7. Monthly Phone Log with action taken
8. Weekly irrigation inspection check list (to include controller and
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
0
sire inspection for all sites and a list of any repairs required)
Monthly irrigation controller programming charts
Extra work approval list
Weekly maintenance inspection list for all sites
Manual irrigation schedule
Annual pesticide safety training records
Required tailgate safety meeting records
Monthly maintenance report
Monthly greenwaste recycling report
Water truck Schedule
Monthly pest inspection list for all sites, performed by a Qualified
Licensed Applicator
40
51)
EXHIBIT G
UNIT PRICES
A. The Contractor agrees that for requested and /or required changes in the scope of
work, including additions and deletions for work not performed, the Contract
Amount 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 the specifications described in
Exhibit E.
FUNCTION COST /UNIT OF MEASURE
TURF
Turf Mow -Reel Blade
$2.00/1000 Sq. Ft.
Turf Mow -Rotary Blade
$2.00/1000 Sq. Ft.
Turf Mow and Clippings Picked Up
$3.00 /1000 Sq. Ft.
Turf Edge
$1.00 /1000 Linear Ft.
Turf String Trim
$1.00 /1000 Linear Ft.
Turf Chemical Edge 6" Swath
$5.0011000 Linear Ft.
Turf Chemical Edge 12" Swath
$6.00/1000 Linear Ft.
Turf Aerify
$3.00 /1000Sq.Ft.
Turf Fertilize
$2.00 /1000 Sq. Ft.
Turf Dethatch/Renovate
$200 /Acre
Turf Sweeping
$3.00/1000 Sq. Ft.
Flail Mow of Natural Areas
$300 /Acre
HARDSCAPE
Cleaning and weed abatement $4.00/1000 Sq. Ft.
GROUNDCOVERS
Mow $3.00/1000 Sq. Ft
Edge $2.00/1000 Linear Ft.
Fertilize $2.00/1000 Sq. Ft.
•
41
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PEST CONTROL
Turf disease /insect spray
Boom Application
$6.00 /1000 Sq. Ft.
Band Application
$6.00/1000 Sq. Ft.
Turf Broadleaf Spray
Boom Application
$10.00 /1000 Sq. Ft.
Hand Application
$15.00 /1000 Sq. Ft
Groundcover diseaselinsect spray
$10.00 /1000 Sq. Ft.
Shrub disease /insect spray
$10.00 /1000 Sq. Ft.
Soil Sterilant Applicant
$15.00/1000 Sq. Ft.
Turf Pre-Emergent
$15.00 /1000 Sq. Ft.
Landscape Planter Weed Control
$20.00/1000 Sq. Ft.
General Weed Control Post Emergent
$15.0011000 Sq. Ft.
SHRUB PRUNING
1 -4 Feet, Lacing $4.00 /Shrub
1 -4 Feet, Hedging $4.00 /Shrub
4 plus Feet, Lacing $8.00 /Shrub
4 plus Feet, Hedging $6.00 /Shrub
TREE PRUNING
Up to 8 Feet
$20.00/Tree
PLANTING
I Gal. Shrub/Tree
$8 /Each
5 Gal. Shrub
$25 /Each
15 Gal. Shrub
$65.00 /Each
24" Box Tree with root barriers
$285 /Each
64 Count Flat Groundcover
$20/Flat
16 Count 4" Flat Annual Color
$30 /Flat
Turf -Seed and Top Dress
$.60 11000 Sq. Ft.
Turf -Sod
$1.00 /1000 Sq. Ft.
LABOR
Landscape Maint. Laborer
$25.00 /Hour
Landscape Maint. Leadworker
$30.00 /Hour
Landscape Maint. Supervisor
$35.00 /Hour
Irrigation Specialist
$45.00 /Hour
Pest Control Applicator
$45.00 /Hour
Tree Trimmer
$45.00 /Hour
Equipment Operator Heavy Equip.
$45.00 /Hour
NEW AREAS
Yearly Sq. Ft. for new median or
Roadside $.12/Sq. Ft/Year
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EQUIPMENT
Full size 1 -ton Truck $1500.00/Per Month
43
P
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.0812912005 11:14 9496910 SPECTRUM CA*
August 29, 2005
city of Newport Bead,
3300 Newport Blvd.
P.O. Box 1768 i
Newport @oath, CA 92658-8915
Attn: Mr. Dan P. Sereno
Dear Mr. 5ereno, j
Spectrum Care has appreciated the opportunity to work with and for the City of New Beach
since April 1, 2005. Although Spectrum Care had some staffing issues at the beginnin of the
contract, I feel we have invested in numerous resources i.e. tabor, supervision, equipment,
vehicles, etc.... to make this a successful business venture for both the City of Newpol Beach
and Spectrum Care.
It has become dear that no matter how many resources we put on the job, it doesn't i t conthe job
done in the "time frames" that the city desires. we feel we have gimn 100% and will tinue
to do so. Having said this, I would like you to accept this wri teo correspondence as 30 day
termination of landscape maintenance services, effective August 15, 2005 between to city of
Newport Beach and Spectrum Care.
As we discussed during our phone conversation on August 26, 2005. Spectrum Csre f ,n stay on
Me job until September 30, 2005. This extended time hopefully will assist the City oNewport
Beach with the transitioning of a new contractor into the medians and streetscapes tract.
It was also agreed upon between you and myself, that there would be no fee deducti" in our
monthly contract. Spectrum Care wig continue to dedicate our site :Ralf to the job until
Septlernber 30, 2005.
We will do everything °reasonable" to make the transition from Spectrum Care to the "incoming
contracboe a "professional- transition.
Should you have any questions, please contact me at my office (949) 454 -6900.
Y
Sincerely,
SPECTRUM CARE
t all
1M/sv
/ufer /spea'are I/Mtn/d!y newpon bead, 062905
I:T�'�'.'- '•x-71
Dan P. Serano
Parfet and Trees Malr�enmwe
superintendent
27181 Burbank, Foothill Ranch, CA 92610 • (949.1454-6900
FAX (949) 454 -6910 - www.speetrumcarelandscape.com
511
! •
CITY OF NEWPORT BEACH
REQUEST FOR FUNDS
Date September 27, 2005
TO: Administrative Services Director
FROM: General Services Director
SUBJECT: Request for Funds
Request for additional funds S78,825
Funds are not available in the current budget.
Additional appropriation to the account number noted below is requested:
Parks (Division 3170)
3170 -8080 Services — Prof & Tech NOC $78,825
The funds are needed for to cover the increased costs of landscape
maintenance services of roadsides and medians through oy the
7� /�
City. //
Services Director
Approved:
City Manager
Administrative Services Director
E.
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5`6
Wity of Newport BeaC* NO. BA- 06BA -018
BUDGET AMENDMENT
2005 -06 AMOUNT: $7s,azs.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
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:
To increase expenditure appropriations for median and roadside landscape maintenance.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
IDREVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Description
Description
3170 General Services - Parks
8080 Services Professional & Technical
Signed:
Financial Approval: Administrativ ervices Director
40
Signed:
Administrative Appr al: City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$78,825.00 "
Aufo fic
$78,825.00
Date
,s•G Q d S
DatLe
Date