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HomeMy WebLinkAboutC-3988 - Contractor Agreement to Provide Landscape Maintenance for City Medians and Roadways0--3 9f f " merchantsRECEIVED pe services, inc. 1011 OCT 21 AN 0 31 OFF!CE OF THE CfIY CLERK October 18, 2011 CITY OF if ;Y°ORT OEACH Leilani Brown, City Clerk CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA. 92663 Regarding: Landscape Maintenance for City Medians & Roadways Dear Leilani, Enclosed please find Continuation Certificate for the above reference property. Should you have any questions or if we can be of further assistance, please do not hesitate to contact our office. Sincerely, ONaine Re(��� Merchants Landscape Services 1510 South Lyon Street • Santa Ana • CA 92705 • Tel (800) 645 -4881 • Fax (714) 972 -3185 U Lic. 765658 The Hartford One Pointe Drive, Brea, CA 92821 CONTINUATION CERTIFICATE City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92659 Merchants Landscape Services, Inc as principal, and Hartford Fire Insurance Company CT corporation authorized to transact surety business in California, as Surety, hereby notifies the City of Newport Beach, as Obligee, that the above named Principal's Bond No. 72BSBER6253 in the amount of $566,361 continues in force effective November 28 2011 to November 28, 2012. The aggregate liability of the Surety shall not exceed the amount of this certificate. The liability of the Surety shall not cumulate by reason of this certificate, any future continuation certificate, any change rider, endorsement, modification, new bond, reinstatement, reissue, renewal, replacement, substitution, or any other extension of suretyship. If this bond is required to be filed with any agency, this certificate shall be void if the Principal does not file this certificate with the required agency within THIRTY (30) days of the effective date of the certificate. IN WITNESS OF THIS CONTRACT, the Principal and the Surety have affixed their hand and seals this 10th day of October 2011. Hartford Fire Insurance AR SMITH Attorney -In -Fact CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 10, 2011, before me, DONNA M. GREEN, Notary Public, personally appeared MARY SMITH, who proved to me on the basis of satisfactory evidence to be the person whose name is /ere subscribed to the within instrument and acknowledged to me that He/she /they- executed the same in kis/her4heir authorized capacity(ies} and that by #tislherltheir signature on the instrument the personyyt�`, or the entity upon behalf of which the person acted, executed the instrument. DONNA M. GREEN I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true - COMM. #1886017 g g (L E°"dg^ NOTARY PUBLIC• CALIFORNIA and correct. ' LOS ANGELES COUNTY J My Comm E,Dkes App 18.2014 WITNESS my hand and official seal. Signature ' "YI/I ) `)'�' Place Notary Seal Above Signature of NotWublic Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form / CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REP NTING: NAME 0 F ON(S) OR ENTITY(IES) Direct InquiriesfClaims to: HARTFORD POWER OF ATTORNEY P.O. BOXX2103, 690 D S LUUM VENUE HARTFORD, CONNECTICUT 06115 call: 888- 266 -3488 or fax: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72- 183250 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut r7 Hartford Underwriters Insurance Company, a corporation duly organized wider the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited., John D. Hunsinger, Mary Smith, Joyce Elzouki, Steven L. Brookmeyer, Ronald C. Wanglin, Donna M. Green of Pasadena, CA their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. le•_ .E ,�� arwyn9m v..' h+tb� ray 1970 l� °x}979 rf b I79 Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3rtl day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. c Soon E. Paseka Notary Public CEATIMATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 10, 2011. Signed and sealed at the City of Hartford. r� •rlitr4,r r"" �iw:,� ° 1970 1979 1979 • ,,,; � !� • x:.19 i•IA.i }•fir �a IIMOM1 ° ..• t YIM� Gary W. Stumper, Assistant Vice President AMENDMENT NO. THREE TO CONTRACTOR AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS THIS AMENDMENT NO. THREE TO CONTRACTOR AGREEMENT ( "Amendment No. Three "), is entered into as of this ) S� day of May, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and MERCHANTS LANDSCAPE SERVICES, INC., a California corporation whose address is 1639 East Edinger Avenue, Suite C, Santa Ana, CA 92705 ( "Contractor "), and is made with reference to the following: RECITALS: A. On November 13, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services for the City's Medians and Roadways ( "Agreement "). B. On September 14, 2010 City and Contractor entered into an amendment to the Agreement to reflect reduced rates for services ( "Amendment No. One "). C. On January 11, 2011 City and Contractor entered into an amendment to the Agreement to provide landscape services at the City's OASIS Senior Center ( "Amendment No. Two "). D. Contractor provides landscape and maintenance services for approximately 96 acres of the City's median and roadway areas, including turf, ground cover, tree and hardscape maintenance and the OASIS Senior Center ( "Project "). E. By way of a competitive bidding process, Contractor has been selected to provide landscape maintenance services to various City utility sites. F. City desires to enter into this Amendment No. Three to reflect the addition of landscape maintenance services at City utility sites. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORE( Section 2, subpart A of the Agreement shall be supplemented to include the addition of services at the frequency as described in Exhibit A and at the locations described in Exhibit B. All exhibits are attached hereto and incorporated herein by reference. Page 11 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Seven Hundred Ninety Four Thousand Two Hundred Sixty and no /100 ($794,260.00) per Agreement year without prior written authorization from City ('Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects the addition of Thirty Four Thousand Two Hundred Sixty One and no /100 ($34,260.00) per Agreement year. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Page 12 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B � L, si ►� 1 ►� s Mulvihill Assistant 11P Assistant City Attorney ATTEST: City Clerk Attachments: CITY OF NEWPORT BEACH, A Califomia M [cipal o oration By: Mark Harmon Municipal Operations Director CONTRACTOR: MERCHANTS LANDSCAPE SERVICES, INC., a California Corporation w By: Name: udrey Haas Title- Secretary [END OF SIGNATURES] Exhibit A — Maintenance Frequency Schedule Exhibit B — Site Locations Page 13 EXHIBIT A FREQUENCY MAINTENANCE SCHEDULE SITES FUNCTION FREQUENCY Big Canyon Reservoir Turf Maintenance As directed by City staff, approximately Flail Mowing six/year (may differ based on seasonal growth) Ornamental Landscape Sites: Ground Cover Maintenance, Shrub, Vine and Tree Maintenance Pump Station, Santa Barbara Drive Visual Inspection Bi- weekly Pump Station, Goleta Point Drive Irrigation Inspection Bi- weekly Tamura Well Site Trim Bi- weekly Dolphin Well Site Fertilize Twice/year (once/year for trees) Big Canyon Reservoir (along Pacific View Drive) Pest and Weed Control As needed Check/Restake Each site visit/every two weeks min. Pre - emergent herbicide Once /year Mulching Maintain ongoing 2° minimum Hardscape Maintenance Each site visit/every two weeks min. Grounds Policing/Litter Removal Each site visit/every two weeks min. Oil Wells and Big Canyon Reservoir General Maintenance (Interior) Pest and Weed Control Grounds Policing/Litter Removal Monthly Irn ation Inspection Trim Three/year Fertilize Once /year Exhibit A Page 14 EXHIBIT B STI'E LOCATIONS SITE ADDRESS Big Canyon Reservoir 3300 Pacific View Drive, Corona del Mar Pump Station, Santa Barbara Drive 855 Santa Barbara Drive, Newport Beach Pump Station, Goleta Point Drive Goleta Point Drive at Morro Bay Drive, Corona Del Mar Tamura Well Site 17399 Magnolia Street, Fountain Valley Dolphin Well Site 9649 Dolphin Avenue, Fountain Valley Oil Wells 5810 West Coast Highway, Newport Beach Exhibit 0 Page 15 Hartford Fire Insurance Company One Pointe Drive RECEIVED Brea, CA 92822 -2333 ` RIDER 1011 FEB -I AM Ili 23 OFFICE OF This Rider is to be attached to and form part of Bond No. 72BSBER6253 executed by Hai CLERK Fire Insurance Company as Surety, on November 20, 2007 on behalf of MerchantfM OF NFAPORT BEACH Landscape Services, Inc. in favor of the City of Newport Beach. IT IS HEREBY UNDERSTOOD AND AGREED THAT, effective November 28, 2010 the said Annual Bond Amount is changed: FROM: SIX HUNDRED FIFTY -FOUR THOUSAND THIRTY -FIVE AND NO /100 ($654,035.00) TO: FIVE HUNDRED SIXTY -SIX THOUSAND THREE HUNDRED SIXTY -ONE AND NO /100 ($566,361.00) IT BEING FURTHER UNDERSTOOD AND AGREED THAT: 1. In no event will the total aggregate liability of the Surety during the entire period of said Bond is in force exceed $566,361.00. 2. All terms and conditions of said Bond shall remain unchanged except as herein expressly modified. Signed, sealed, and dated this 15th day of February , 2011. Hartford Fire Insurance Company Attorney -In -Fact CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On February 15, 2011, before me, DONNA M. GREEN, Notary Public, personally appeared MARY SMITH , DONNA M. GREEN 2 "F comm. #1886017 U d T.;0 NOTARYPUBUC•CALIFOFNIA LOS ANGELES COUNTY My Comm. Expires Apr. 16.201 a Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personSs,) whose name(, Ware subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by kris /her /their signature0l). on the instrument the person(s), or the entity upon behalf of which the person�.4 acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature / 4"") Signature ofNoTa�y Public la OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. r CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED Direct Inquiries /Claims to: YIO E� ON a TTORNEy P.O. BOX 2103, 03 6 0ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 calla 886 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72- 183250 0 Hartford Fire. Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a. corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws orthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Hunsinger, Mary Smith, Joyce Elzouki, Steven L. Brockmeyer, Ronald C. Wanglin, Donna M. Green of Pasadena, CA their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to .Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Tr rapb J',erFwn t, ` �vvtrs ,° y�n� �y •/"�..- •�'v^h� .yam re /ip T,�`a a°y d�r � � ' °� a e a. e v °^ s ®B 9 l a bN�r� �F ;e �a a.y d n<•eor°°r 1984 :1° a t °t \�1.1,7/B 1979 T e � r'%>;, 'i/ r4ya+.� lrp•:,'r�•'0 fi •j`•,' ♦ �iu.r� �`'�i -�. crRY- /• =fir, rrw f 7 Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. /fit /yEf. p�p Nub ' Scot( E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 15, 2011. Signed and sealed at the City of Hartford. �17 ❑r� �EN=py rr Ag�it rY � °` l <°+w� /.'r..�.ry,nal - Cuo U ;< p'` <u,netv�e rEnrWa ;�i •1974 1Ci tD7, a 1929 Gary W. Stumper, Assistant Vice President Hartford Fire Insurance Company One Pointe Drive Brea, CA 92822 -2333 RIDER This Rider is to be attached to and form part of Bond No. 72BSBER6253 executed by Hartford Fire Insurance Company as Surety, on November 20, 2007 on behalf of Merchants Landscape Services, Inc. in favor of the City of Newport Beach. IT IS HEREBY UNDERSTOOD AND AGREED THAT, effective November 28, 2010 the said Annual Bond Amount is changed: FROM: SIX HUNDRED FIFTY -FOUR THOUSAND THIRTY -FIVE AND NO /100 ($654,035.00) TO: FIVE HUNDRED SIXTY -SIX THOUSAND THREE HUNDRED SIXTY -ONE AND NO 1100 (5566,361.00) IT BEING FURTHER UNDERSTOOD AND AGREED THAT: 1. In no event will the total aggregate liability of the Surety during the entire period of said Bond is in force exceed $566,361.00. 2. All terms and conditions of said Bond shall remain unchanged except as herein expressly modified. Signed, sealed, and dated this 15th day of February, 2011. Hartford Fire Insurance MARY SMITH Attornev -In -Fact AN II: 23 OFFICE OF THE CITY CLERK February 24, 2011 CITY OF Nn:VORT BAN Leilani Brown, City Clerk CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA. 92663 Regarding: Landscape Maintenance for City Medians & Roadways Dear Leilani, Enclosed please find our Riders Insurance and the Continuation Certificate for the above reference property. Should you have any questions or if we can be of further assistance, please do not hesitate to contact our office. Sincerely, n f , tG -- kk'zt%2c vl N dine Rodriguez Merchants Landscape Services 1510 South Lyon Street • Santa Ana • CA 92705 • Tel (800) 645 -4881 • Fax (714) 972 -3185 CA L,c, 765655 The Hartford One Pointe Drive, Brea, CA 92821 CONTINUATION CERTIFICATE City of Newport Beach General Services Department 3300 Newport Boulevard Newport Beach, CA 92658 Merchants Landscape Services, Inc. as principal, and Hartford Fire Insurance Company a CT corporation authorized to transact surety business in California, as Surety, hereby notifies the City of Newport Beach, as Obligee, that the above named Principal's Bond No. 72BSBER6253 in the amount of $566,361.00 continues in force effective November 28, 2010 to November 28, 2011. The aggregate liability of the Surety shall not exceed the amount of this certificate. The liability of the Surety shall not cumulate by reason of this certificate, any future continuation certificate, any change rider, endorsement, modification, new bond, reinstatement, reissue, renewal, replacement, substitution, or any other extension of suretyship. If this bond is required to be filed with any agency, this certificate shall be void if the Principal does not file this certificate with the required agency within THIRTY (30) days of the effective date of the certificate. IN WITNESS OF THIS CONTRACT, the Principal and the Surety have affixed their hand and seals this 15th day of February 2011. Hartford Fire Insurance Company C MAID SMITH Attomey -In -Fact CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On February 15, 2011, before me, DONNA M. GREEN, Notary Public, appeared MARY SMITH , DONNA GREEN 2 [!: , COMM. #1 #1886017 U NOTAFY PUBLIC • CALIPOENIA LOS ANGELES COUNTY My Comm. Expires Apr. 16. 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name(s5 is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ics); and that by -his /her /.their signature(S) on the instrument the person(s), or the entity upon behalf of which the person(S,? acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ldn nZ 6�rj Signature ofNota'q/Publie OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-[N-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR / OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Direct Inquiries /Claims to: - ® n 9 E� ®F 1 TTC) `�1 � E 1 P.O.BOX F2103, 0ASYLUMAVENUE BOND, T-4 HARTFORD. CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72- 183250 Hartford Fire Insurance Company, a corporation duly organized under the laws of the Stale of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized tinder the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State orlllinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the Stale or Indiana O Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Hunsinger, Mary Smith, Joyce Elzouki, Steven L. Brockmeyer, Ronald C. Wanglin, Donna M. Green of Pasadena, CA their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Q �w. � /�7 ,'y g `s.u9'e Y,:.'' � aea Y an°m0 _ , =f !„m,,..,,r'•;`i z �,oerm. 4wp r 4• Pln q, oie0 ° ; ?.IB70fc�i a ♦ °�', 979 I 19 e �` �''.� 'mow.,.•` ' %I<..r' ie° Qi i' �1.�•:'•. "_:��! � Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD M. Ross Fisher. Assistant Vice President On this 3rtl day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 15, 2011. Signed and sealed at the City of Hartford. ~� 07Z. 19 7q 117 a "Zi L Gary W. Stumper, Assistant Vice. President ' ,� • Zi Scott E. Paseka A Noma Public CERTIFICATE My Commission Expires October 31, 201? I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 15, 2011. Signed and sealed at the City of Hartford. ~� 07Z. 19 7q 117 a "Zi L Gary W. Stumper, Assistant Vice. President The Hartford One Pointe Drive, Brea, CA 92821 CONTINUATION CERTIFICATE City of Newport Beach General Services Department 3300 Newport Boulevard Newport Beach, CA 92658 Merchants Landscape Services. Inc. as principal, and Hartford Fire Insurance Company a CT corporation authorized to transact surety business in California, as Surety, hereby notifies the City of Newport Beach, as Obligee, that the above named Principal's Bond No. 72BSBER6253 in the amount of $566.361.00 continues in force effective November 28, 2010 to November 28, 2011. The aggregate liability of the Surety shall not exceed the amount of this certificate. The liability of the Surety shall not cumulate by reason of this certificate, any future continuation certificate, any change rider, endorsement, modification, new bond, reinstatement, reissue, renewal, replacement, substitution, or any other extension of suretyship. If this bond is required to be filed with any agency, this certificate shall be void if the Principal does not file this certificate with the required agency within THIRTY (30) days of the effective date of the certificate. IN WITNESS OF THIS CONTRACT, the Principal and the Surety have affixed their hand and seals this 15th day of February 2011. Hartford Fire Insuraan�'I /(cc/�e Company v MARY SMITH Attorney -In -Fact Y-% AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS THIS AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT ( "Amendment No. Two "), is entered into as of this 11TH day of January, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and MERCHANTS LANDSCAPE SERVICES, INC., a California corporation whose address is 1639 East Edinger Avenue, Suite C, Santa Ana, CA 92705 ( "Contractor"), and is made with reference to the following: RECITALS: A. On November 13, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services for the City's Medians and Roadways ( "Agreement "). B. On September 14, 2010 City and Contractor entered into an amendment to the Agreement to reflect reduced rates for services ( "Amendment No. One "). C. Contractor currently provides landscape and maintenance services for approximately 96 acres of the City's median and roadway areas, including turf, ground cover, tree and hardscape maintenance ( "Project "). C. By way of a competitive bidding process, Contractor has been selected to provide landscape maintenance services to the City's new OASIS Senior Center. D. City desires to enter into this Amendment No. Two to reflect the addition of landscape maintenance services at the OASIS Senior Center, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Section 2, subpart A of the Agreement shall be supplemented to include the addition of services at the frequency as described in Exhibit A and at the location described in Exhibit B. All exhibits are attached hereto and incorporated herein by reference. 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Seven Hundred Sixty Thousand and no /100 ($760,000.00) per Agreement year without prior written authorization from City ( "Total Amended Annual Compensation "). Contractor shall Merchants Landscape Services, Inc. Page 1 submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects the addition of Fifty Thousand Dollars ($50,000.00) per Agreement year. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Merchants Landscape Services, Inc. Page 2 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By/ Leonie Mulvihill Assistant City Attorney ATTEST: By: Jam• / ► U W r —' Leilani I. Brown City Clerk ,0owwww,,, CITY OF NEWPORT BEACH, A California Yunicipal Corporation By: Michael F. Henn Mayor CONTRACTOR: MERCHANTS LANDSCAPE SERVICES, INC., a California Corporation [END OF SIGNATURES] - fa'ILPI.111'L . Attachments: Exhibit A — OASIS Senior Center Maintenance Frequency Summary Exhibit B — OASIS Senior Center Map Merchants Landscape Services, Inc. Page 3 EXHIBIT A OASIS Senior Center Maintenance Frequency Summary FUNCTION IFREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize 2 times /year Vertical Mow Once /year Aerate Slice -type on all Once /year Pest and Weed Control As needed Visual Inspection Weekly To dress Application Twice/ ear Ground Cover Maintenance Trim 4 times /year Fertilize Twice /year Pest and Weed control As needed Visual Inspection Weekly Pre - emergent Application Twice /year Shrub, Vine, and Tree Maintenance Trim Four times /year Fertilize Twice /year Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Hardsca a Maintenance Six days/ week Grounds Policing /Litter Removal, Including Specialty /Sports Areas Six days/ week, Seven days/ week and Park Amenities Memorial Day thru Labor Da Site Inspection Six days/ week Merchants Landscape Services, Inc. Page 4 EXHIBIT B OASIS Senior Center Map Merchants Landscape Services, Inc. Page 5 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 9Y crrr !AN 1 1 2P11 Agenda Item No. 15 January 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Director 949 - 644 -3055 mharmon @newportbeachca.gov SUBJECT: Amendment No. Two To Contractor Agreement With Merchants Landscape Services, Inc. To Provide Landscape Maintenance For City Medians And Roadways ISSUE: City Council should consider an amendment to the existing Medians and Roadways Maintenance agreement with Merchants Landscape Services, Inc. to provide landscape maintenance services at OASIS Senior Center. RECOMMENDATION: Staff recommends that the City Council approve the amendment to the existing agreement with Merchants Landscape Services, Inc for the landscape maintenance at OASIS Senior Center at a cost of $50,000 per year. DISCUSSION: The OASIS Senior Center is the City facility dedicated to meeting the educational, recreational, cultural and social services needs of the older adults in Newport Beach. In contrast to the old facility, which contained mainly turf groundcover, the landscape of the new facility will be comprised of a more sophisticated combination of planters and groundcover containing native and drought - tolerant plant species. The OASIS Senior Center entered into its 90 -day maintenance period on November 1, 2010. Upon completion of this period, the City shall assume maintenance responsibilities, including the utilization of a computerized central Amendment No. Two To Contractor Agreement With Merchants Landscape Services, Inc. To Provide Landscape Maintenance For City Medians And Roadways January 11, 2011 Page 2 irrigation controller system to reduce water consumption. This is scheduled for February 1. In April 2010, the three vendors with existing landscape maintenance contracts submitted bids in response to the informal request for the landscape maintenance of the OASIS Senior Center. Merchants Landscape Services, Park West Landscape Maintenance, and TruGreen Landcare submitted bids of $3,670, $4,250, and $4,500 per month respectively. The lowest bid was submitted by the current Landscape Maintenance for Medians and Roadways contractor, Merchants Landscape Services. It is the goal of staff to add the OASIS Senior Center location to the existing Landscape Maintenance Contract as an amendment in order to streamline the contract administration process. The Office of the City Attorney has approved as to form the attached Amendment for council consideration. The pro -rated annual value of the amendment based on five months of service being performed in FY2010 -11 is $20,000. For FY2011 -12, the full value of the amendment ($44,040 plus $5,960 for extras and tree trimming) will be included in the requested budget. Extras might include: broken or malfunctioning irrigation parts not due to contractor neglect; dead /dying or missing plant material not due to contractor neglect; vandalism; weather - related damage; or assistance in public garden area as needed. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. PUBLIC NOTICE: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Sufficient funds for FY2010 -11 are available as a result of salary savings due to vacant budgeted positions in the Parks & Trees Division. The requested budget for FY2011 -12 will include the full value of the amendment. Amendment No. Two To Contractor Agreement With Merchants Landscape Services, Inc. To Provide Landscape Maintenance For City Medians And Roadways January 11, 2011 Page 3 Prepared by: Submitted by: Mau,rfce Turn. r Mark Harmon Administrative Analyst Director Attachments: 1. Bid Summary 2. Contract Amendment Amendment No. Two To Contractor Agreement With Merchants Landscape Services, Inc. To Provide Landscape Maintenance For City Medians And Roadways January 11, 2011 Page 4 r_r 11 r-01y:h&eai1 Ill r Summary of OASIS Senior Center Landscape Maintenance Bids Company Monthly Total Difference Merchants $3,670 1 - Park West $4,250 $580 TruGreen $4,500 1 $830 Amendment No. Two To Contractor Agreement With Merchants Landscape Services, Inc. To Provide Landscape Maintenance For City Medians And Roadways January 11, 2011 Page 5 ATTACHMENT 2 Contract Amendment AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS THIS AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT ( "Amendment No. Two "), is entered into as of this 11TH day of January, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and MERCHANTS LANDSCAPE SERVICES, INC., a California corporation whose address is 1639 East Edinger Avenue, Suite C, Santa Ana, CA 92705 ( "Contractor "), and is made with reference to the following: RECITALS: A. On November 13, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services for the City's Medians and Roadways ( "Agreement "). B. On September 14, 2010 City and Contractor entered into an amendment to the Agreement to reflect reduced rates for services ( "Amendment No. One "). C. Contractor currently provides landscape and maintenance services for approximately 96 acres of the City's median and roadway areas, including turf, ground cover, tree and hardscape maintenance ( "Project "). C. By way of a competitive bidding process, Contractor has been selected to provide landscape maintenance services to the City's new OASIS Senior Center. D. City desires to enter into this Amendment No. Two to reflect the addition of landscape maintenance services at the OASIS Senior Center, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Section 2, subpart A of the Agreement shall be supplemented to include the addition of services at the frequency as described in Exhibit A and at the location described in Exhibit B. All exhibits are attached hereto and incorporated herein by reference. 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Seven Hundred Sixty Thousand and no /100 ($760,000.00) per Agreement year without_ p -dor.--written- authorization from City ( "Total Amended Annual Compensation "). Contractor shall Merchants Landscape Services, Inc. Page 1 submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects the addition of Fifty Thousand Dollars ($50,000.00) per Agreement year. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Merchants Landscape Services, Inc. Page 2 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Bv: n U W Leonie MUIvNfl( Assistant City Attorney ATTEST: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation G- Michael F. Henn Mayor CONTRACTOR: MERCHANTS LANDSCAPE SERVICES, INC., a California Corporation M Name: Name: Title: [END OF SIGNATURES] Attachments: Exhibit A — OASIS Senior Center Maintenance Frequency Summary Exhibit B — OASIS Senior Center Map Merchants Landscape Services, Inc. Page 3 EXHIBIT A OASIS Senior Center Maintenance Frequency Summary FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize 2 times /year Vertical Mow Once /year Aerate Slice -type on all Once /year Pest and Weed Control As needed Visual Inspection Weekly Topdress Application Twice /year Ground Cover Maintenance Trim 4 times /year Fertilize Twice /year Pest and Weed control As needed Visual Inspection Weekly Pre - emergent Application Twice /year Shrub, Vine, and Tree Maintenance Trim Four times /year Fertilize Twice /year Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Hardsca a Maintenance Six days/ week Grounds Policing /Litter Removal; Including Specialty /Sports Areas Six days/ week, Seven days/ week and Park Amenities Memorial Day thru Labor Da Site Inspection Six days/ week Merchants Landscape Services, Inc. Page 4 EXHIBIT B OASIS Senior Center Map w; ?1 u Qa sp s Merchants Landscape Services, Inc. Page 5 36"m AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS THIS AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT ( "Amendment No. One "), is entered into as of this 14TH day of September, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and MERCHANTS LANDSCAPE SERVICES, INC., a California corporation whose address is 1639 East Edinger Avenue, Suite C, Santa Ana, CA 92705 ( "Contractor "), and is made with reference to the following: RECITALS: A. On November 13, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services fir the City's Medians and Roadways ( "Agreement "). B. Contractor provides landscape and maintenance services for approximately 96 acres of the City's median and roadway areas, including turf, ground cover, tree and hardscape maintenance ( "Project "). C. In an effort to reduce City expenditures, Contractors were asked to reduce costs and decrease the frequency of certain services. D. City desires to enter into this Amendment No. One to reflect the negotiated reduced costs agreed upon between the parties, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Section 2 of the Agreement be amended hereby by replacing Exhibit C with the Exhibit C attached hereto and incorporated herein. 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Seven Hundred Ten Thousand and no /100 ($710,000.00) per Agreement year without prior written authorization from City ( "Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Exhibit A Page 11 Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects Contractors reduction in rates for a total of One Hundred One Thousand Eight Hundred and Forty Dollars and 80/100 ($101,840.80) per Agreement year. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Exhibit A Page 12 ATTEST: &AaBy: C Leilani I. Brown City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: - Leonie Mulvilhill Assistant City Attorney Attachments: [20,11ITF!, RN�� CITY OF NEWPORT BEACH, A California Municipal Corporation Keith Curry Mayor CONTRACTOR: MERCHANTS LANDSCAPE SERVICES, INC., a California Corporation BY NamemArZ\e-- 8? -0W Title ( p-�ES 1Oe'► rr By' - - &".1" Namec/rZC�4� y Title sec re -cc ry [END OF SIGNATURES] Exhibit C — Maintenance Frequency Schedule Exhibit A Page 13 U a- 21�OL CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT SEP 14 iP'fl Agenda Item No. 14 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, (949) 644 -3055 mharmon @newportbeachca.gov SUBJECT: Approval of Four (4) Landscape Contract Amendments ISSUE: Staff has renegotiated contracts with the following four (4) firms that provide landscape maintenance services to the City: West Coast Arborists, Inc., TruGreen Landcare, Inc., Park West Landscape Maintenance, Inc., and Merchants Landscape Services, Inc. The amendments to these contracts are attached to this report for City Council consideration. RECOMMENDATION: Staff recommends that the City Council approve the following contract amendments: Annual Not To Exceed Amount 1) West Coast Arborists, Inc. $710,000 2) TruGreen Landcare, Inc. $820,000 3) Park West Landscape, Inc. $455,000 4) Merchants Landscape Services, Inc. $710,000 Reducing the funding levels to the contracts listed above will reduce overall landscape maintenance cost by approximately $600,000 per year. DISCUSSION: Background The General Services Department currently contracts with the following firms for landscape maintenance: Approval of Four (4) Landscape Contract Amendments September 14, 2010 Page 2 1) West Coast Arborists, Inc.- WCA is responsible for maintaining the urban forest through scheduled grid trimming of neighborhood trees, responding to tree related emergencies due to storms, vehicle accidents, etc., and the removal and replacement of city trees as necessary. 2) TruGreen Landcare, Inc.- TruGreen is responsible for turf maintenance in all City parks, sports fields and facilities. This work includes irrigation, hardscape maintenance, and litter removal. 3) Park West Landscape Maintenance, Inc.- Park West is responsible for landscape maintenance services in the Newport Coast area, including roadside slopes, medians and parkways, 14 acres of nature parks, and landscaped areas surrounding the Newport Coast Community Center and Newport Ridge Fire Station. 4) Merchants Landscape Services, Inc.- With the exception of the Park West work listed above, Merchants maintains all of the City's medians and roadway areas, including turf, ground- cover, shrub, and hardscape maintenance. The landscape maintenance contracts listed above represent the largest contracted service managed by the General Services Department, with a combined cost of approximately $3.5M in FY 2009 -2010. During the development of the FY2010 -2011 budget, staff was tasked with looking at ways to reduce operational costs in areas that would have the least impact on our residents and visitors. General Services staff met several times with our landscape contractors to thoroughly review the existing services provided, and to work together to identify areas where service levels could be reduced to provide cost reductions for the City. This renegotiation of the service agreements with our landscape contractors has resulted in a projected cost savings of $600,000 for FY 2010 -2011, while continuing to provide quality services for our customers. Service Level Changes and Potential Impacts Staff is working closely with our landscape contractors to minimize the impact to our community due to the contract changes. We will reduce the frequency of such activities as aerating select turf areas, trimming, fertilizer applications, and replacing damaged or dead vegetation. Given the limited funds, staff will closely manage the contracts so that service levels are maintained in high profile parks and facilities, i.e. sports parks, recreation centers, etc., while reducing maintenance frequency in other areas. The greatest impact may be in the reduction of funding for the West Coast Arborists contract. This amendment will directly result in changing the trimming cycle in most Approval of Four (4) Landscape Contract Amendments September 14, 2010 Page 3 neighborhoods from the current practice of trimming every three years, to a trim cycle of every four years. In areas where ocean views are highly regarded and protected, this change may result in concerns from residents. In addition to the trimming cycle, staff has deferred all new tree planting until funding becomes available. Staff will continue to monitor any issues or concerns and report back to City Council with a recommendation to adjust the funding level for tree maintenance if necessary. FINANCIAL REVIEW: Renegotiating the contracts reduced the Parks and Trees Operating budgets by approximately $600,000 in FY 2010 -2011 ( #3170 -8080 and #3180 - 8080). The current budget that was approved by City Council in June 2010 included this reduced amount of funding based on the revised landscape agreements, and therefore, a budget amendment is not needed for this action. ENVIRONMENTAL REVIEW: This project does not require environmental review. PUBLIC NOTICE: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). LEGAL REVIEW: The City Attorney's Office has reviewed this report and signed the attached Amendments. Submitted /Prepared by: /PA4�� Mark Harmon General Services Director Attachments 1) Contract Amendment for West Coast Arborists, Inc. 2) Contract Amendment for TruGreen Landcare, Inc. 3) Contract Amendment for Park West Landscape Maintenance, Inc. 4) Contract Amendment for Merchants Landscape Services, Inc. Attachment 1 AMENDMENT NO. THREE TO CONTRACTOR AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR CITY TREE TRIMMING SERVICE THIS AMENDMENT NO. THREE TO CONTRACTOR AGREEMENT ( "Amendment No. Three "), is entered into as of this 14th day of September, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and WEST COAST ARBORISTS, INC., a California corporation whose address is 7072 Thomas Street, Buena Park, California, 90621 ( "Contractor'), and is made with reference to the following: RECITALS: A. On December 3, 1993, City and Contractor entered into a Contractor Agreement for general City tree maintenance services ( "Agreement'). B. On June 12, 1995, City and Contractor amended the Agreement extending the term of the Agreement to December 4, 2004 ( "Amendment No. One "). C. On February 17, 2004, City and Contractor entered into a Second Amendment to the Agreement for general City tree maintenance services extending the term of the Agreement to December 4, 2013 ( "Amendment No. Two "). D. Contractor provides general tree maintenance services including trimming, pruning, planting and removing of City trees ( "Project'). E. In an effort to reduce City expenditures, Contractors were asked to reduce costs and decrease the frequency of certain services. F. City desires to enter into this Amendment No. Three to reflect the negotiated reduced costs agreed upon between the parties, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONTRACTOR Paragraph 4 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Nine Hundred Fifty Thousand Dollars and 00/100 ($950,000.00) per Agreement year without prior written authorization from City (`Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly basis describing the Work performed the preceeding month. Contractors bills shall include a brief description of the Services performed and /or the specific task to which the charges relate and the date and location of the Services performed. City shall Page I1 pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices" in the Agreement. 1.1 The Total Amended Annual Compensation reflects Contractors reduction in rates and /or Services for a total of Two Hundred Two Thousand Seven Hundred Twenty Five Dollars and 78/100 ($202,725.78) per Agreement year. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] SME APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Leonie Mulvihill Assistant City Attorney ATTEST: UM Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation IN Keith Curry, Mayor CONTRACTOR: West Coast Arborists 0 M [insert name] [insert corporate officer title] [insert name] [insert financial officer title] Page 13 Attachment 2 AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT WITH TRUGREEN LANDCARE FOR LANDSCAPE MAINTENANCE FOR CITY'S PARKS AND FACILITIES THIS AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT ( "Amendment No. One "), is entered into as of this 14th day of September, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and TRUGREEN LANDCARE, a California General Partnership, whose address is 1323 West 130th Street, Gardena, California, 90247 ( "Contractor"), and is made with reference to the following: RECITALS: A. On August 30, 2006, City and Agreement for landscaping and facilities ( "Agreement "). Contractor entered into a Contract Service maintenance services for the City's parks and B. On July 14, 2009, City and Contractor entered into an amendment to the Agreement ( "Amendment No. One ") to increase the scope of work and compensation to include landscaping and maintenance services for Coast Peak Park. C. Contractor provides landscaping and maintenance services for City parks and facilities ( "Project "). D. In an effort to reduce City expenditures, Contractors were asked to reduce costs and decrease the frequency of certain services. E. City desires to enter into this Amendment No. Two to reflect the negotiated reduced costs agreed upon between the parties, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: im f� TERM Section 1 of the Agreement and Section 1 of Amendment No. One shall be amended hereby and the following is substituted in its entirety: The term of the Agreement shall terminate on August 31, 2013, unless terminated earlier as provided for in the Agreement. SCOPE OF WORK Section 2 of the Agreement and Section 2 of Amendment No. One shall be amended hereby by replacing Exhibit C with the Exhibit C attached hereto and incorporated herein. Exhibit A Page 11 3. COMPENSATION Section 6 of the Agreement and Section 3 of Amendment No. One shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Eight Hundred Twenty Thousand Dollars and no /100 ($820,000.00) per Agreement year without prior written authorization from City ( "Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 3.1 The Total Amended Annual Compensation reflects Contractors reduction in rates for a total of One Hundred Ninety Three Thousand Three Hundred Ninety Seven Dollars and 50/100 ($193,397.50) per Agreement year. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Exhibit A Page 12 APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A California Municipal Corporation By: Leonie Mulvihill Assistant City Attorney ATTEST: By: Leilani I. Brown City Clerk By: Keith Curry Mayor CONTRACTOR: TRUGREEN LANDCARE, a California General Partnership By: [insert name] [insert corporate officer title] By: [insert name] [insert financial officer title] [END OF SIGNATURES] Attachments: Exhibit C — Maintenance Frequency Schedule Exhibit A Page 13 EXHIBIT C Maintenance Frequency Schedule FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Four times /year Vertical Mow Once /year Aerate Twice /year, Four times for Sports Fields Pest and Weed Control As needed Visual Inspection Weekly Topdress Application Twice /year, for Sports Fields Perennial Rye Seed Twice /year Gypsum Application Once /year, for select turf sites Ground Cover Maintenance Trim Monthly Fertilize Twice /year Pest and Weed control As needed Visual Inspection Weekly Pre - emergent Application Twice /year Shrub, Vine, and Tree Maintenance Trim Four times /year Fertilize Twice /year (once /year for trees) Restake /Check Each site visittevery two weeks min. Visual Inspection Weekly Oak Trees - Liquid Iniect/Drench Once /year Hardscape Maintenance Six days /week, Seven days /week Memorial Dav thru Labor Da Grounds Policing /litter Removal, Including Six days /week, Seven days /week Specialty/Sports Areas and Park Amenities Memorial Dav thru Labor Da Site Inspection Six days /week, Seven days /week Memorial Dav thru Labor Da Exhibit A Page 14 EXHIBIT C (Continued) FUNCTION FREQUENCY Sandlwood chip areas Cleaned and raked Six days /week, Seven days /week Memorial Dav thru Labor Da Rototilled Four times /year Drinking Fountains Six days /week, Seven days /week Memorial Dav thru Labor Da Native Area Maintenance Weed Control As needed Tree Handwatering Weekly The City Administrator and Contractor may agree to a modification of this Schedule. Exhibit A Page 15 Attachment 3 AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE SERVICES FOR NEWPORT COAST THIS AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT ( "Amendment No. One "), is entered into as of this 14 day of September, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation whose address is 22421 Gilberto Suite A, Rancho Santa Margarita, CA 92688 ( "Contractor "), and is made with reference to the following: RECITALS: A. On September 25, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services to the Newport Coast Area ( "Agreement'). B. Contractor provides landscaping and maintenance services to the Newport Coast area, including approximately 65 acres of evergreen slopes; 13 acres of roadway medians and parkways; 14 acres of nature parks; and the landscaped areas surrounding the Newport Coast Community Center and Newport Ridge Fire Station ('Project'). C. In an effort to reduce City expenditures, Contractors were asked to reduce costs and decrease the frequency of certain services. D. City desires to enter into this Amendment No. One to reflect the negotiated reduced costs agreed upon between the parties, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Section 2 of the Agreement be amended hereby by replacing Exhibit C with the Exhibit C attached hereto and incorporated herein. 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Four Hundred Fifty Five Thousand Dollars and no /100 ($455,000.00) per Agreement year without prior written authorization from City ( "Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly Exhibit A Page 11 basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects Contractors reduction in rates for a total of One Hundred Eleven Thousand Nine Hundred and Eighty Dollars and 70/100 ($111,980.70) per Agreement year. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Exhibit A Page 12 APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A California Municipal Corporation By: By: Leonie Mulvihill Keith Curry Assistant City Attorney Mayor ATTEST: CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC., a California Corporation By: By: Leilani I. Brown [insert name] City Clerk [insert corporate officer title] By: [insert name] [insert financial officer title] [END OF SIGNATURES] Attachments: Exhibit C — Maintenance Frequency Schedule Exhibit A Page 13 EXHIBIT C Maintenance Frequency Schedule ' FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Three times /year Vertical Mow Once /year— including seeding and topdress Aerate Twice /year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Three times /year Pest and Weed control As needed Visual Inspection Weekly Pre - emergent herbicide Three times /year Shrub, Vine, and Tree Maintenance Trim Four times /year Fertilize Twice /year (once /year for trees) Restake /Check Each site visit /every two weeks min. Visual Inspection Weekly Pre - emergent herbicide Three times /year Hardscape Maintenance Each site visit/weekly min. Grounds Policing /Litter Removal Six days /week Site Inspection Six days /week The City Administrator and Contractor may agree to a modification of this Schedule. Exhibit A Page 14 Attachment 4 AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS THIS AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT ( "Amendment No. One "), is entered into as of this 14TH day of September, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and MERCHANTS LANDSCAPE SERVICES, INC., a California corporation whose address is 1639 East Edinger Avenue, Suite C, Santa Ana, CA 92705 ( "Contractor "), and is made with reference to the following: RECITALS: A. On November 13, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services fir the City's Medians and Roadways ( "Agreement "). B. Contractor provides landscape and maintenance services for approximately 96 acres of the City's median and roadway areas, including turf, ground cover, tree and hardscape maintenance ( "Project "). C. In an effort to reduce City expenditures, Contractors were asked to reduce costs and decrease the frequency of certain services. D. City desires to enter into this Amendment No. One to reflect the negotiated reduced costs agreed upon between the parties, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Section 2 of the Agreement be amended hereby by replacing Exhibit C with the Exhibit C attached hereto and incorporated herein. 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Seven Hundred Ten Thousand and no /100 ($710,000.00) per Agreement year without prior written authorization from City ( "Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Exhibit A Page 11 Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects Contractors reduction in rates for a total of One Hundred One Thousand Eight Hundred and Forty Dollars and 80/100 ($101,840.80) per Agreement year. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Exhibit A Page 12 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Leonie Mulvihill Assistant City Attorney ATTEST: M Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, A California Municipal Corporation M Keith Curry Mayor CONTRACTOR: MERCHANTS LANDSCAPE SERVICES, INC., a California Corporation 22 [insert name] [insert corporate officer title] [insert name] [insert financial officer title] [END OF SIGNATURES] Exhibit C — Maintenance Frequency Schedule Exhibit A Page 13 0 • 0-279 CONTRACT SERVICE AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS THIS AGREEMENT is entered into this - day of November, 2007, ( "Commencement Date ") by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and Merchants Landscape Services, Inc., a California Corporation whose address is 1639 East Edinger Avenue, Suite #C, Santa Ana, CA 92705 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. In 1995, City determined it to be in the City's best economic interests that the maintenance of City medians and roadsides be performed by a private Contractor. C. City desires to engage Contractor to provide landscaping and maintenance services to approximately 96.2 acres of City medians and roadside areas (hereinafter referred to as the "Project"). D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render landscape and maintenance services in City medians and roadsides under the terms and conditions set forth in this Agreement. F. 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. G. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services, and has committed to perform all required work for the price specified in this Agreement. • r NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless earlier terminated in accordance with Section 26 of this Agreement, the Term of this Agreement shall be for a period of two (2) years. The term shall commence on November 28, 2007, after City Council approval of this contract, and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for three (3) additional one (1) year terms (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. 2. SCOPE OF SERVICES A. In compliance with all terms and conditions of this Agreement, Contractor shall perform the landscape and maintenance services specifically described in, and in strict compliance with the requirements of Exhibit A (Scope of Work), which services may be referred to herein as the "services" or "work" hereunder, at the locations noted by Exhibit B. The services shall be performed at least as frequently as specified in Exhibit C and in compliance with the time schedule set forth in that Exhibit. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contractor services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit D. Reports shall be submitted by the Contractor in accordance with Exhibit E. Bid Unit Prices and Costs are contained in Exhibits F and 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 fast 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 used will be of good quality, and 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. 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 2 0 0 work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. B. All contract services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be performed by a certified California Landscape Contractors Association Landscape Technician I (irrigation). All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (in addition to irrigation and pesticide specialists) necessary to properly perform contract services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All supervisory personnel, including lead workers, must be able to communicate effectively in English (both orally and in writing), and shall be present at all times during contract operations. Any order given to these supervisors or lead workers shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. At a minimum, Contractor shall provide one (1) supervisor and thirteen (13) full -time positions to perform the detailed maintenance functions set forth in the Scope of Work, including two (2) leadworkers with two (2) crew cab trucks; two (2) irrigation technicians, each with a fully stocked vehicle, including irrigation controller remotes for Cal Sense, Rainbird and Rainmaster; four (4) positions to perform the detailed maintenance; two (2) positions to perform general litter control, refuse removal, and grounds policing with two (2) trucks; one (1) qualified pesticide applicator with a fully stocked track, and a mowing crew with a separate truck with one (1) mower operator and one (1) laborer. The City reserves the right to increase minimum staffing based upon additional acres being added in the City. D. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City. E. All Contractor personnel working under this Agreement shall be neat in appearance and in uniforms as approved by the Parks and Trees Maintenance Superintendent when performing contract services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. F. All work shall be performed in accordance with the highest landscape and maintenance standards. 3 0 0 G. All vehicles and equipment (mowers, etc.) used in conjunction with the work shall be in good working order and have appropriate safety guards. All vehicles shall bear the identification of the Contractor. H. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of contract services. An area supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. LICENSES. FEES, PERMITS AND ASSESSMENTS Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 5. FURTHER RESPONSIBILITIES OF PARTIES Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither parry shall be responsible for the service of the other. 6. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of Six Hundred and Fifty-Four Thousand, Thirty -Five Dollars and 00 /00 ($654,035.00) per year ( "Contract Amount's to perform all the work and services contemplated by and described in Exhibits A through G. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices ". Upon the second anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2008, the index to be used for the numerator is the index for the month of March 0 0 0 2008 and the index to be used for the denominator is March 2007. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding such adjustment. 7. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 8. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit 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 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, F 0 0 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 the Agreement to furnish continuous protection to City equipment and property and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, except such losses or damages as may be caused by City's sole negligence or willful misconduct. B. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. C. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. D. Contractor shall repair damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. E. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 10. FAMILIARITY WITH WORK A. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the areas for which Contractor is to provide services under this Agreement and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. B. City and Contractor agree that City has made no representation regarding the order or condition of any area or location for which Contractor is to provide services or that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of this Agreement. G7 11. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Cenificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Si nature. 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. 7 0 0 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 two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employer's liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 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 E 0 0 days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 14. RECORDSMEPORTS A. Contractor shall maintain all records, schedules and reports that are set forth in Exhibit E. All such records and reports, as well as 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. 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 91 0 0 with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his/her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his/her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 16. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to One Thousand Dollars ($1,000.00). Contractor must obtain written authorization from the City Administrator prior to the performance of any additional services that exceed $1,000.00. Contractor shall be compensated for additional services in accordance with the unit prices specified in Exhibit F. B. City reserves the right to withdraw certain 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 Work, compensation to Contractor shall be reduced in accordance with the bid unit costs specified in Exhibits F and G. In the event the location is withdrawn for a period of less than a full 1 (one) year term, Contractor's compensation shall be reduced on a prorated basis. 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 10 A. Irrigation- related work deficiencies shall be corrected within twenty-four (24) hours of written notification from the City or prior to the scheduled watering; whichever is earlier. Malfunctions resulting in continuously running water shall be repaired immediately. All other work deficiencies of Contractor shall be corrected in a timeframe per the City's discretion. Written notification may be hand delivered, e- mailed, faxed, or mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the City and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the City has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. B. Failure to correct the deficiencies listed in the notice of deficiency within the time frame 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 Contractor's responsibilities under this Contract and reducing the corresponding compensation for that month; (c) contracting with another vendor to perform the maintenance and other services required for the remainder of the term of the Contract with respect to the site where the deficiencies exist and deducting from the Contractor's total compensation under the contract any costs that City pays or becomes obligated to pay the new Contractor, including expenses City incurs over and above the monthly billing rate by the Contractor for that site; (d) terminating the agreement; and/or (e) taking any other action and exercising any other legal remedy available to the City under law. 19. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any disposal fees or other expenses. 20. A. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the City Manager. 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. 11 0 0 21. LABOR AND PREVAILING WAGE REQUIREMENT A. Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. C. This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive). 22. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, Contractor, employee or applicant for employment because of race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 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. 12 • • B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: General Services Director City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Bob Shuman, Branch Manager Merchants Landscape Services Incorporated 1639 East Edinger Avenue, Suite C Santa Ana, CA 92705 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 reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may, in addition to the other remedies provided in this or authorized by law, terminate this Agreement forthwith by giving written notice of termination. B. This Agreement may be terminated without cause by City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. hi the event of nonpayment by the City, Contractor shall give the 13 0 City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City Administrator determines that contract services are performed as well and as frequently as required by this Agreement. 27. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 28. COMPLIANCE WITH LAW All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 29. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 14 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. [SIGNATURES ON FOLLOWING PAGE] 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: CITY OF NEWPORT BEACH A Municipal Corporation By: l/� Y � �--� By: ,�- Aaron C. Harp, Assistant City Attorney Mayor Steven Rosansky for the City of Newport Beach for the City of Newport Beh ATTEST: LaVonne Harkless, City Clerk 16 CONTRACTOR: MERCHANTS LANDSCAPE MAINTENANCE, INC. By: (Corporate fficer) Title: oeze a�& j Print Name: M e> By: Financialfacer Title:�'f l� A �✓E���dr� Print Name: Mau� aas 0 9 LIST OF EXHIBITS Exhibit A : Scope of Work Exhibit B : Median and Roadside Locations, Acreage, and Irrigation Exhibit C : Maintenance Frequency Summary Exhibit D : Standard Materials Exhibit E : Required Reports Exhibit F : Unit Prices Exhibit G : Bid Unit Costs Exhibit H : Total Cost 17 • • EXHIBIT A SCOPE OF WORK I. INTENT City desires that Contractor provide full and complete contract landscape maintenance services at all locations specified in Exhibit B, and that such sites be kept in a healthy, weed free, vigorous, and well -kept state at all times. II. DESCRIPTION OF PROJECT 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. Pruning trees under 8 feet in height. It shall NOT be the contractor's responsibility to maintain or repair: 1. Area lighting systems IC] 2. Fencing 3. Gates 4. Any building located at the specified site 5. Graffiti 6. Vandalism (except as provided in Paragraph VIII infra) 7. Signage 8. Damage resulting from vehicular accidents (except as provided in Paragraph VIII infra) 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. 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. 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 or after 5:00 PM. IV. TERM OF CONTRACT The term of this agreement shall be for a period of two years, with up to three (3), one (1) year extensions, renewable on an annual basis as City's sole discretion. The City reserves the right to terminate the agreement unilaterally at any time upon thirty (30) days written notice to the Contractor. This contract can be renewed in one year increments by mutual agreement, based upon an evaluation of performance of the maintenance contractor with a determination of satisfactory performance by the City. If negotiations are still in progress at the end of any term previously agreed upon, the City and the Contractor will continue performance as required herein on a month -to- month basis at the previously agreed upon basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least sixty (60) days after written notice to the City of its decision to terminate the relationship and the City shall be obligated to give consideration to the Contractor for such additional performance at the usual rate of payment as provided herein. 19 V. LEVEL OF MAINTENANCE All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the maintenance specifications attached hereto. 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 the specifications set forth within this document and providing that no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date, week or month. 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 the billing period and shall continue to be withheld until the deficiency is corrected, without right to retroactive payments. VI. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach's General Services Department. There shall be a daily meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. Contractor shall submit a monthly maintenance schedule in writing to the City by the first of each 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 the condition is corrected in a satisfactory manner as set forth in the specifications. VII. 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. VIII. ADDITIONAL TERMS Contractor and City have agreed to the following additional terms: off] ! • Contractor shall perform the labor for irrigation repairs due to accidents or vandalism free of charge, if the work is performed during normal operating hours. City shall reimburse Contractor for the irrigation parts, and will pay any labor costs for such emergency work required at night or on weekends and holidays. IX. CORRESPONDENCE All correspondence shall be addressed to Dan Sereno, Parks and Trees Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884. X. 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. XI. STREET CLOSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. XII. DISPOSAL At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. XIII. RECORDS Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Trees Maintenance Superintendent. 21 0 0 This report should also contain a description, including man- hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. 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 Trees 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 Trees Maintenance Superintendent for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City- provided services only at any reasonable time. XIV. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. XV. 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, water truck operations, and plant replacements. Positions used for specialty operations shall be in addition to those outlined on page 3, section C. XVI. 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. XVIL CONTRACTOR'S OFFICE Contractor is required to maintain an office /yard within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. 22 0 9 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. XVIII4 SCHEDULES A. Annual Schedule 1. The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. The Contractor shall complete the schedule for each site in a manner which shall correspond to the weekly schedules. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. B. Weekly Schedule 1. Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 2. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. 4. Changes to the schedule shall be received by the Parks and 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 result in deduction of payment for that date, week, or month. 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. 23 0 0 C. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly schedule. XIX. 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. XX. 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. XXI. Pesticides The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Trees Maintenance Superintendent with all of the following: 1. A copy of Contractors Orange County Agricultural Commissioners, "Restricted Materials Permit/Operator I.D. numbers ". 2. A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. 3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24 hours of application. 4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials ", 24 hours before application. i 5. A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use. 6. The contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. 7. Pest Control Operator will be assigned to contract to apply restricted materials, with a Qualified Applicators License. 25 0 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. 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. `TI • • 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 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. 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, flow sensors, master valves, manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter assembly except as he /she may cause damage to these items. a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. b. Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for damages occurring due to under- watering or over - watering. 27 0 0 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 flow sensors and master valves 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. 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. Water Conservation Contractor shall appoint a staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements. Abilities A. Meet Irvine Ranch Water District Landscape Irrigation Guidelines and monthly water allocations. B. Maintain a healthy landscape. C. Calculate evapotranspiration (ET) rates to GPM. D. Maintain all medians, roadside areas and landscape in a usable condition (no flooding due to over - irrigation). E. Troubleshoot and diagnose irrigation systems and take corrective action. 28 0 0 Requirements A. The Water Manager shall program all controllers weekly according to the Irvine Ranch Water District allocation. B. The Water Manager shall notify the Contractor or City Representative of all required repairs. C. The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly water allocations for each meter on all streetscape and park applications. Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. Damages for Water Management A. Should the contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the Contractor's monthly compensation. B. Deduction shall exclude all approved appeals such as mainline and control valve failures. C. The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over allocation water billing to determine which water billing appeals are to be approved and which are to be waived. D. Over - allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. 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. 29 0 0 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 -3/4 to 1 '/a inches. Bermuda grass —' /2 to 3/< . b. Cool season turf grass including bluegrass, perennial rye, fescues — 1 '/1 to 2 inches. c. Kikuya and St. Augustine turf grass —1 '/e to 1 % inches. 3. Vertical mowing of warm season grasses shall be done once per year in March. a. Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. b. Cool season grasses shall be renovated to remove thatch annually as directed. 4. All turf shall be fertilized three times per year using a homogenous, pellet or granular slow release material. City must approve the material used. Apply at the following rates and time: a. February: 22 -3 -9 fertilizer at one pound actual nitrogen per 1,000 square feet. b. June: 21 -3 -5 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 30 b. Chemical control of broadleaf weeds shall be initiated twice a year or 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. Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. a. Irrigation must be scheduled to avoid either under- watering or over - watering. b. Manually water where necessary. c. Check operation of irrigation weekly, or more often when conditions warrant, to insure proper operation of irrigation system. 8. Control all rodent pests as necessary to provide a healthy and safe environment for plants and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs, correct as necessary. 10. Scheduling of mowing and turf care maintenance times will be approved by the City. Attention to public use will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. Planter /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 will be used three times a year where appropriate in shrub and ground cover beds, and as approved by the City. No hoeing or scuffing weeds allowed. Chemically control or manually remove them by the roots. b. Morning glory and grass infestations shall be treated immediately when observed. c. Groundcover areas shall be fertilized twice per year, once in March with approved 9 -9 -9, and once in October with the approved 16 -6 -8 slow - release turf fertilizer, at a rate of 2 pounds actual fertilizer per 1,000 square feet. 31. 0 0 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 or water truck water where necessary. f. Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. It. Bark mulch should be replaced in all planters to ensure a 2 -inch layer at all times, at contractor's expense. 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. Bi- monthly 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 or water truck 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. 32 0 0 j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. k. Bark mulch should be replaced as necessary. 1. All plant material will be trimmed to protect property owners ocean views, bay views, vistas, etc. as needed or as directed by City staff. m. Weeds shall be removed as they appear. A pre- emergent herbicide will be used three times a year where appropriate around shrubs, vines and trees, and as approved by the City. 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 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 or water truck 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. W, 0 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 Trees Maintenance Superintendent. 2. Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. General Grounds Policing 1. The Contractor shall provide general grounds policing and inspection seven days per week June 1 through September 30 and six days per week October 1 through May 31. a. Remove all litter and other debris from site seven days per week June 1 through September 30 and six days per week October 1 through May 31. 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, week, or month. c. Provide safety and facility inspection and immediately report any deficiencies to the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: 1. Light standards and fixtures 2. Walls, fences, gates 3. Signage 4. Graffiti 34 0 0 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. b. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. c. All broken glass and sharp objects shall be removed immediately. d. All areas shall be inspected seven days per week June 1 through September 30 and six days per week October 1 through May 31 and maintained in a neat, clean and safe condition at all times. e. All areas shall be raked to remove leaves and debris five days per week. f. 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 g. All leaves, paper and debris shall be removed from hardscape areas and disposed of off site. Drinking Fountains: 1. Inspect, clean, adjust five days per week. 2. Report any deficiencies to the City immediately in writing. Disposal At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the City by 30 days after the end of each calendar quarter. Native and Drought Tolerant Plant Maintenance These requirements are in addition to the above written Technical Maintenance Specifications: 35 0 0 A. All native and drought tolerant plant material at these sites will be maintained in their natural shape. All dead wood for natives will remain on the plant or where it has fallen. B. The areas shall be maintained weed free. Only manual pulling or mechanical cultivation of non - native weed species will be allowed. Use of pre- emergent herbicides are prohibited in these areas. C. The contractor's maintenance personnel will be trained to distinguish weedy plant species from native or drought tolerant vegetation to ensure that only weedy species are removed. D. All weeds will be removed manually before they can attain a height of six inches (6 ") or produce seeds, whichever comes first. E. Pulled weeds will be placed in a "mantilla" to prevent the seeds from coming in contact with the ground and removed from the project site during maintenance. F. Leaf and branch drop and organic debris from native species shall be left in place. G. At several times during the year, especially during the rainy season (November — May), the contractor will ensure there is sufficient staff to accommodate manual removal of all weeds throughout the sites. The staffing necessary to accomplish the above weeding, shall not delay maintenance frequencies in other areas (Le. turf, groundcover, and shrub maintenance). LO V- M M N I C, •) M O M (O CO r M C'M LO 00 O O M r ti H M O M co ti O d' 00 M Cr) N N t O) .0 O C) M 'T 'IT 00 rl- M c N CO f- (O O (O N r- CM r O (O r (y Ln O O N N O O Cl O CO Cl 00 O O O N r 00 CD O r CN ,t N Lo 00 (D r Lf) O 0 0 0 0 0 0 0 O O O r 0 0 0 0 0 0 r LO O O r N �t O O O O X xxxxxxxx xxx X xxxxxxxxxxxxxx x x x C O L x x x x x x x .2N .& N N O `Ch r M M M co r 't M r r O CO N Lf) N fl- N Ln LO N LO o) (p N 't co CO 00 N rr,- N co L() N Lf) Nt I" 00 r � M m r C) D O O O r O M M 0 1 0 r 0 If 6 6 M I- r C) Co Co N O O V O 0 0 0 0 0 0 0 0 O O O O O r O C) r O O N 0 O L. 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O O U 0 0 (n QN O O L Om>O acnn(n N N > p cn NN O J N `" cc a (0 U m d x �a 0 • • EXHIBIT C MAINTENANCE FREQUENCY SUMMARY FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize 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 /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/ ear Seven days /week and 6 days /week per Hardscape Maintenance p.33 Seven days /week and 6 days /week per Grounds Policing/Litter Removal p.33 Seven days /week and 6 days /week per Site Inspection p.33 Balboa Village Seven days/week McFadden Parking Lot Seven days/week Centennial Plaza Seven days/week 42 0 EXHIBIT D STANDARD MATERIALS 9 All material used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance Superintendent. STANDARD MATERIAL LIST: Heads Toro 570 Pop Up (small turf areas) Rain Bird 3500 (small / medium turf areas) Rain Bird 5000 (medium turf areas) Toro 2001 (large turf areas) Toro 640 (large turf areas) Toro 570 Pop Up / Shrub Adapter (small slope & groundcover areas) Toro 300 Stream Rotor (medium slope & groundcover areas) Toro XP 300 Stream Rotor (large slopes & groundcover areas) Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City of Newport Beach. Please contact Parks Supervisor, Randy Kearns at (949) 644 -3082 to confirm. Controller Rain Master Evolution DX2 irrigation controller Rain Master RME Sentar (contact city before using) Driu and specialized low- volume irrigation Rain Bird Xerigation Battery Powered Irrigation Rain Bird TBOS Battery Operated Controller Rain Bird GB Series Remote Control Valve Rain Bird Potted Latching Solenoid Miscellaneous Febco 825Y RP Rain Bird #ST -03UL Snap The Connectors Rain Bird #PT -55 Snap The Sealer Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Griswold DW Series Valve (Control Valve) 43 0 • Griswold 2160 Solenoid Valve (Normally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Matco 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller) Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D Round Valve Box - Plastic -10" Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor TURF FERTILIZERS. ETC., A. All commercial fertilizers must be homogenous. B. All organic fertilizers must have lowest salinity rate possible. C. No steer or chicken manure is allowed. D. All fertilizers, planting medium, humus material, etc. must be City approved. PLANT STOCK All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Parks and Trees Maintenance Superintendent before planting. PESTICIDES All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. M 0 0 EXHIBIT E 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. Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required) 8. Monthly irrigation controller programming charts 9. Extra work approval list 10. Weekly maintenance inspection list for all sites 11. Manual irrigation schedule 12. Annual pesticide safety training records 13. Required tailgate safety meeting records 14. Monthly maintenance report 15. Monthly greenwaste recycling report 16. Water truck schedule 17. Monthly pest control inspection list for all sites, performed by a Qualified Licensed Applicator K, EXHIBIT F UNIT PRICES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. FUNCTION COST/UNIT OF MEASURE TURF Turf Mow -Reel Blade $3.00 / 1000 Sq. Ft. Turf Mow - Rotary Blade $1.80 / 1000 Sq. Ft. Turf Mow and Clippings Picked Up $3.00 / 1000 Sq. Ft. Turf Edge $2.50 / 1000 Linear Ft. Turf String Trim $3.00 / 1000 Linear Ft. Turf Chemical Edge 6" Swath $8.00 / 1000 Linear Ft. Turf Chemical Edge 12" Swath $12.00 / 1000 Linear Ft. Turf Aerify $2.30 / 1000Sq.Ft. Turf Fertilize $2.60 / 1000 Sq. Ft. Turf Dethatch/Renovate $250.00 / Acre Turf Sweeping $6.00 / 1000 Sq. Ft. Flail Mow of Natural Areas $195.00 / Acre HARDSCAPE Cleaning and weed abatement $8.00 / 1000 Sq. Ft. GROUNDCOVERS Mow $2.50 / 1000 Sq. Ft Edge $3.00 / 1000 Linear Ft. Fertilize $3.50 / 1000 Sq. Ft. PEST CONTROL Turf disease /insect spray Boom Application $12.00 / 1000 Sq. Ft. Hand Application $22.00 / 1000 Sq. Ft. M. • • Turf Broadleaf Spray Boom Application $12.00 / 1000 Sq. Ft. Hand Application $22.00 / 1000 Sq. Ft Groundcover disease /insect spray $22.00 / 1000 Sq. Ft. Shrub disease /insect spray $22.00 / 1000 Sq. Ft. Soil Sterilant Applicant $40.00 / 1000 Sq. Ft. Turf Pre- Emergent $9.00 / 1000 Sq. Ft. Landscape Planter Weed Control $19.00 / 1000 Sq. Ft. General Weed Control Post Emergent $22.00 / 1000 Sq. Ft. SHRUB PRUNING 1 -4 Feet, Lacing $5.00 / Shrub 1 -4 Feet, Hedging $3.90 / Shrub 4 plus Feet, Lacing $7.25 / Shrub 4 plus Feet, Hedging $6.00 / Shrub TREE PRUNING Up to 8 Feet $20.00 / Tree PLANTING 1 Gal. Shrub $7.00 / Each 5 Gal. Shrub $18.00 / Each 15 Gal. Shrub $75.00 / Each 15 Gal. Tree with root barriers $125.00 / Each 24" Box Tree with root barriers $245.00 / Each 64 Count Flat Groundcover $19.00 / Flat 16 Count 4" Flat Annual Color $19.00 / Flat Turf -Seed and Top Dress $30.00 / 1000 Sq. Ft. Turf -Sod $12.00 / 1000 Sq. Ft. LABOR Landscape Maint. Laborer $19.00 / Hour Landscape Maint. Leadworker $24.00 / Hour Landscape Maint. Supervisor $45.00 / Hour Irrigation Specialist $34.00 / Hour Pest Control Applicator $36.00 / Hour Tree Trimmer $30.00 / Hour Equipment Operator Heavy Equip. $22.00 / Hour NEW AREAS Yearly Sq. Ft. for new median $.01 / Sq. Ft./Year Yearly Sq. Ft. for roadside $.01 / Sq. Ft./Year EQUIPMENT Full size 1 -ton truck /with driver $4, 600.00 / month 47 0 Medians EXHIBIT G BID UNIT COSTS 0 Unit Cost/Year Area Overall Area Acreage G St. X Balboa Blvd. 0.054 $ 367.00 Balboa Blvd. - Medina Way to 21st St. (1) 0.034 $ 231.00 Balboa Blvd. - Medina Way to 21st St. (2) 0.223 $ 1,515.00 McFadden Interchange Medians 0.293 $ 1,991.00 Villa Way X 29th St. 0.034 $ 231.00 M St. Median 0.093 $ 623.00 Via Lido - Newport Blvd. to Via Operto 0.063 $ 428.00 Newport Blvd. X Via Lido 0.16 $ 1,087.00 Clubhouse X Finley 0.038 $ 258.00 Balboa Blvd. — Coast Hwy to 32nd St. 0.385 $ 2,616.00 Superior Ave. north of Coast Hwy 0.409 $ 2,779.00 Newport Blvd. — Coast Hwy to Industrial Way 1.013 $ 6,883.00 Coast Hwy - Santa Ana River to Newport Blvd. 1.877 $ 12,754.00 Coast Hwy — Mariners Mile 0.093 $ 632.00 St. James Road X Kings Place 0.033 $ 224.00 Margaret Dr - between Tustin & Irvine 0.007 $ 48.00 Westcliff Dr- Irvine Ave to Dover 0.284 $ 1,930.00 Triangular median - Westcliff X Dover 0.138 $ 938.00 Dover Dr. - Westcliff to Coast Hwy 0.822 $ 5,585.00 Irvine Ave. - Westcliff to Dover 0.94 $ 6,387.00 Irvine Ave. - Dover to Holiday Road 0.83 $ 5,640.00 Irvine Ave. - Santiago to University 1.409 $ 9,574.00 Jamboree Road - Bristol to Coast Hwy 5.143 $ 34,947.00 University Dr - Jamboree to MacArthur 0.284 $ 1,930.00 Vista Del Sol 0.437 $ 2,969.00 Ford Road - Jamboree to San Miguel 1.221 $ 8,297.00 San Miguel - Ford Road to Avocado 2.576 $ 17,504.00 San Joaquin - Spyglass to Backbay Road 4.806 $ 32,657.00 Coast Hwy - Dover to Newport Coast Drive 4.26 $ 28,947.00 MacArthur at Coast Hwy 0.037 $ 251.00 El Paseo Drive 0.101 $ 686.00 M 0 0 EXHIBIT G BID UNIT COSTS Medians Unit Cost/Year Avocado - Waterfront to Coast Hwy 0.516 $ 3,506.00 Corinthian Way — West of MacArthur Blvd. 0.052 $ 353.00 Newport Place Drive — West of MacArthur Blvd. 0.124 $ 843.00 MacArthur Blvd. — North of Jamboree 0.24 $ 1,631.00 Jamboree Road — Bristol to Campus Drive 1.03 $ 6,999.00 Balboa Blvd. at A Street 0.005 $ 34.00 MacArthur Blvd. — Coast Hwy to Bison 6.41 $ 43,556.00 Bonita Canyon Rd — MacArthur Blvd to Hwy 73 1.71 $ 11,620.00 Park Avenue 0.691 $ 4,695.00 Total Acreage 38.8748 Total Cost/Year $ 264,146.00 M, 0 Roadsides EXHIBIT G BID UNIT COSTS 0 Unit Cost/Year Area Overall Area Acreage Cannery Village Parking Lot 0.387 $ 2,630.00 28th & 30th St. Parking Lots 0.83 $ 5,640.00 McFadden Parking Lot 0.882 $ 5,993.00 19th St. Street end - bayside 0.025 $ 170.00 Marina Park Parking Lot 0.276 $ 1,875.00 13th St. Street end — bayside / beach 0.059 $ 401.00 12th St. Street end — bayside /beach 0.059 $ 401.00 11 st St. Street end — bayside / beach 0.059 $ 401.00 "F" St. Street end — bayside / beach 0.041 $ 279.00 Palm Street Parking Lot 0.338 $ 2,297.00 Miramar Dr. and Balboa Blvd. 0.107 $ 727.00 "I" St. Street end - bayside 0.056 $ 381.00 "L" St. Street end - oceanside 0.063 $ 428.00 "M" St. St. Street end - oceanside 0.049 $ 333.00 Via Oporto X Central Parking Lot 0.403 $ 2,738.00 Short St. X Newport Blvd. Roadside 0.264 $ 1,738.00 OCTA Bus Stop - Balboa Blvd. X 46th 0.045 $ 306.00 OCTA Bus Stop - Balboa Blvd. X River 0.057 $ 387.00 Newport Island entrance planters 0.077 $ 523.00 37th - Olive Street - Street ends off Seashore 0.164 $ 1,114.00 Prospect Street ends off Seashore 0.004 $ 27.00 Orange Street ends off Seashore 0.002 $ 14.00 Summit Street planter 0.032 $ 217.00 Cappy's trail/bench area 0.172 $ 1,169.00 West Coast Hwy Roadsides 2.847 $ 19,345.00 Superior X Coast Hwy Parking Lot 1.836 $ 12,476.00 N.W. Quadrant - Newport Blvd. X Coast Hwy 1.174 $ 7,977.00 S.W. Quadrant - Newport Blvd. X Coast Hwy 1.297 $ 8,813.00 S.E. Quadrant - Newport Blvd. X Coast Hwy 0.813 $ 5,524.00 Newport Blvd. Roadsides 10.523 $ 71,504.00 50 0 Roadsides EXHIBIT G BID UNIT COSTS • Unit Cost/Year Mariners Mile Parking Lot 1.269 $ 8,623.00 Rocky Point/Pelican Wall 0.090 $ 612.00 Dover X Westcliff 0.820 $ 5,572.00 Coast Hwy Bayshore Soundwall 0.328 $ 2,229.00 OCTA Bus Stop - Bayshore Dr. X Coast Hwy 0.264 $ 1,794.00 Dover Dr. Arterials - Westcliff to Mariners 1.308 $ 8,888.00 Dover Dr. Arterials -(N) Irvine Ave. to Mariners 0.101 $ 686.00 Dover Dr. Arterials -(S) Irvine Ave. to Mariners 0.418 $ 2,840.00 Westcliff Dr. Arterial (Groves) 0.674 $ 4,580.00 Westcliff Dr. X Santiago 0.072 $ 489.00 Groves Bike Trail 1.602 $ 10,886.00 Irvine Ave. Arterial N of Private Road 0.286 $ 1,943.00 Tustin Avenue Streetend 0.047 $ 319.00 Anniversary Lane Roadside 0.149 $ 1,012.00 Jamboree Big Canyon Roadside 0.431 $ 2,929.00 Port Dunbar Drive Roadside 1.267 $ 8,609.00 Spyglass Hill Road Roadsides 3.294 $ 22,383.00 San Joaquin Hills Road Roadsides 4.590 $ 31,189.00 Coast Hwy - Seaward to Cameo Highlands 0.496 $ 3,370.00 Centennial Plaza 0.092 $ 625.00 Larkspur Street End 0.050 $ 340.00 Jasmine Street End 0.098 $ 666.00 Femleaf Ramp 0.230 $ 1,563.00 Bayside Drive - Jamboree to Marguerite 1.367 $ 9,289.00 Coast Hwy - Jamboree to Avocado 2.644 $ 17,966.00 Coast Hwy - Bayside Drive to Jamboree 0.597 $ 4,057.00 Jamboree - Coast Hwy to Bayside 0.323 $ 2,195.00 Promentory Bay Plaza 0.118 $ 802.00 Promentory Point & Channel Walk 0.471 $ 3,200.00 Balboa Island Entrance 0.057 $ 387.00 Balboa Island - Grand Canal Bridge 0.012 $ 82.00 MacArthur Blvd. - Coast Hwy to San Miguel 3.360 $ 22,831.00 51 0 Roadsides EXHIBIT G BID UNIT COSTS Unit Cost/Year Balboa Village, Balboa Pier Parking Lot 2.700 $ 18,346.00 Entrance to Collins Island 0.010 $ 68.00 Big Canyon Reservoir along San Miguel 0.549 $ 3,730.00 West Side of Dover — Coast Hwy to Cliff Drive 0.471 $ 3,200.00 Castaways Blufftop Trail 1.82 $ 12,367.00 Bayview Way — Across from Fletcher Jones 0.386 $ 2,623.00 Polaris slope across from Westcliff Park 1.082 $ 7,352.00 Lido/Peninsula Gateway Roadsides at Newport Blvd. x Via Lido /Short Street 0.495 $ 3,363.00 Total Acreage 57.379 Total Cost/Year 1$389,88 0 52 Ci EXHIBIT H TOTAL COST PER YEAR OF LANDSCAPE MAINTENANCE: S 654,035.00 NOTE: Bid Price shall include all sales, use or other taxes applicable to the above item. If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the necessary Faithful Performance Warranty Bond within ten (10) days after the award of said Contract. The undersigned has examined the location of the proposed work and is familiar with the Specifications and other Contract Documents and the local conditions at the place where the work is to be done. The undersigned has checked carefully all the above figures and understands that the City of Newport Beach will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Proposals are to remain valid for six (6) months. 2!!�Ogt�y�,/� Merchants Landscape Services, Inc. (Signature) (Company) Mark Brower, President 1639 E. Edinger Ave., #C, Santa Ana (Printed or Typed Name) (Title) (Business Address) (800) 645 -4881 (Telephone Number) September 14, 2007 (Date) 53 K"*k"?3Li)i31 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 November 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 -644 -3055 m harmon to)citv.newport- beach.ca. us SUBJECT: Agreement with Merchants Landscape Maintenance, Inc. for the Landscape Maintenance of City Medians and Roadside Areas ISSUES: Should the City Council enter into a two -year agreement with Merchants Landscape Maintenance, Inc. to provide landscape maintenance services in city medians and roadside areas and fund the increase over the previous contract for the remainder of the fiscal year? Staff recommends that the City Council: (1) Approve a two -year agreement with Merchants Landscape Maintenance, Inc. of Santa Ana for the landscape maintenance of 96.2 acres at a cost of $654,035.00 per year; and (2) Approve a budget amendment in the amount of $142,021 to fund the increase in cost over the expiring contract for the remainder of the fiscal year. DISCUSSION: At its October 23 meeting, the City Council authorized General Services Department staff to negotiate with Merchants Landscape Maintenance, Inc. for the maintenance of City medians and roadside areas. Merchants had the lowest cost of the three proposals received in an RFP process. • Agreement with Merchants Landscape Maintenance, Inc. for the Landscape Maintenance of City Medians and Roadside Areas November 13, 2007 Page 2 Following Council authorization, staff met with Merchants staff to negotiate and refine the company's proposal. The following items were agreed upon: o Accelerated Startup — Due to TruGreen's choice to cancel the contract by the end of this month, we require Merchants to commence work in 15 days. With the required staffing of 14 personnel in the contract, generally a contractor would be allowed 30 days to acquire staff and equipment. Merchants has stated that they should be able to meet this date. o Merchants agreed to perform the labor for irrigation repairs due to accidents or vandalism free of charge, if the work is performed during normal operating hours. The City will pay the cost of irrigation parts, and labor for any emergency work required at night or on weekends and holidays. Previously, the City could be charged labor for any irrigation repairs that occurred due to accidents or vandalism. This change has been included in the attached agreement FUNDING: The proposed contract is $20,002 more per month than the current agreement the City has with TruGreen Landcare. The increase in cost is due to a number of factors. First, this agreement contains a minimum manpower requirement which guarantees a level of staffing which will allow the medians and roadside areas to be maintained at a higher level, .similar to landscaped areas in the remainder of the City. The current contract with TruGreen was a low bid contract which relied upon extra work outside of the contract to make any profit. The current agreement expired September 30, 2007. In the past two years, the cost of fuel, materials and labor created an operating loss for the company, especially since the City did not utilize them for larger jobs (i.e. the re- landscape of a median or refurbishing an irrigation system). Had City staff requested the annual extension allowed in the agreement, staff feels that the contractor would have declined. TruGreen was willing to work on a month to month basis while this RFP and contract award process was completed, but they have notified us that November 27 will be their last day in the City. It should be noted that with our revised maintenance requirements, TruGreen's bid was nearly $180,000 per year higher than that of Merchants. Consequently, staff is requesting a budget amendment in the amount of $142,014 to fund the difference over the seven months of the fiscal year for which this contract will be in force (November 28, 2007 through June 30, 2008). • Agreement with Merchants Landscape Maintenance, Inc. for the Landscape Maintenance of City Medians and Roadside Areas November 13, 2007 Page 3 ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. Prepared by: Submitted �lo Mike Pisani Deputy General Services Director Attachment: (1) Proposed Agreement (2) Budget Amendment Mark Harmon General Services Director 9 0 CONTRACT SERVICE AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY MEDIANS AND ROADWAYS THIS AGREEMENT is entered into this day of November, 2007, City of Newport ("Commencement Date ") by and between the ort Beach, a Municipal Corporation and Charter City ( "City"), and Merchants Landscape Services, Inc., a California Corporation whose address is 1639 East Edinger Avenue, Suite #C, Santa Ana, CA 92705 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. In 1995, City determined it to be in the City's best economic interests that the maintenance of City medians and roadsides be performed by a private Contractor. C. City desires to engage Contractor to provide landscaping and maintenance services to approximately 96.2 acres of City medians and roadside areas (hereinafter referred to as the "Project "). D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render landscape and maintenance services in City medians and roadsides under the terms and conditions set forth in this Agreement. F. 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. G. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services, and has committed to perform all required work for the price specified in this Agreement. 9 E NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless earlier terminated in accordance with Section 26 of this Agreement, the Term of this Agreement shall be for a period of two (2) years. The term shall continence on November 28, 2007, after City Council approval of this contract, and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for three (3) additional one (1) year terms (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. 2. SCOPE OF SERVICES A. hi 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 locations noted by Exhibit B. The services shall be performed at least as frequently as specified in Exhibit C and in compliance with the time schedule set forth in that Exhibit. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contractor services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit D. Reports shall be submitted by the Contractor in accordance with Exhibit E. Bid Unit Prices and Costs are contained in Exhibits F and 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 used will be of good quality, and 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. 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 2 r 0 work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. B. All contract services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be performed by a certified California Landscape Contractors Association Landscape Technician I (irrigation). All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (in addition to irrigation and pesticide specialists) necessary to properly perform contract services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All supervisory personnel, including lead workers, must be able to communicate effectively in English (both orally and in writing), and shall be present at all times during contract operations. Any order given to these supervisors or lead workers shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. At a minimum, Contractor shall provide one (1) supervisor and thirteen (13) full -time positions to perform the detailed maintenance functions set forth in the Scope of Work, including two (2) leadworkers with two (2) crew cab trucks; two (2) irrigation technicians, each with a fully stocked vehicle, including irrigation controller remotes for Cal Sense, Rainbird and Rainmaster; four (4) positions to perform the detailed maintenance; two (2) positions to perform general litter control, refuse removal, and grounds policing with two (2) trucks; one (1) qualified pesticide applicator with a fully stocked truck, and a mowing crew with a separate truck with one (1) mower operator and one (1) laborer. The City reserves the right to increase minimum staffing based upon additional acres being added in the City. D. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City. E. All Contractor personnel working under this Agreement shall be neat in appearance and in uniforms as approved by the Parks and Trees Maintenance Superintendent when performing contract services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. F. All work shall be performed in accordance with the highest landscape and maintenance standards. 3 9 .• G. All vehicles and equipment (mowers, etc.) used in conjunction with the work shall be in good working order and have appropriate safety guards. All vehicles shall bear the identification of the Contractor. H. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of contract services. An area supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. LICENSES, FEES, PERMITS AND ASSESSMENTS Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 5. 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 Six Hundred and Fifty -Four Thousand, Thirty-Five Dollars and 00 /00 ($654,035.00) per year ("Contract Amount ") to perform all the work and services contemplated by and described in Exhibits A through G. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices ". Upon the second anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2008, the index to be used for the numerator is the index for the month of March 0 0 • 2008 and the index to be used for the denominator is March 2007. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding such adjustment. 7. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 8. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit 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 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, E 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 the Agreement to fin-nish continuous protection to City equipment and property and/or other . components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, except such losses or damages as may be caused by City's sole negligence or willful misconduct. B. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon beconung aware of the damage. C. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. D. Contractor shall repair damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. E. . Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 10. FAMILIARITY WITH WORK A. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the areas for which Contractor is to provide services under this Agreement and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. B. City and Contractor agree that City has made no representation regarding the order or condition of any area or location for which Contractor is to provide services or that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of this Agreement. 2 11. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, - Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed'as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 12. INSURANCE Without limiting Contractor's indemnification of City; and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 7 0 i 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 two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employer's liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall. not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 14. RECORDS/REPORTS A. Contractor shall maintain all records, schedules and reports that are set forth in Exhibit E. All such records and reports, as well as 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. 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 W with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his/her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his/her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 16. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to One Thousand Dollars ($1,000.00). Contractor must obtain written authorization from the City Administrator prior to the performance of any additional services that exceed $1,000.00. Contractor shall be compensated for additional services in accordance with the unit prices specified in Exhibit F. B. City reserves the right to withdraw certain 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 Work, compensation to Contractor shall be reduced in accordance with the bid unit costs specified in Exhibits F and G. In the event the location is withdrawn for a period of less than a full 1 (one) year term, Contractor's compensation shall be reduced on a prorated basis. 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 10 i 0 A. Irrigation - related work deficiencies shall be corrected within twenty-four (24) hours of written notification from the City or prior to the scheduled watering; whichever is earlier. Malfunctions resulting in continuously running water shall be repaired immediately. All other work deficiencies of Contractor shall be corrected in a timeframe per the City's discretion. Written notification may be hand delivered, e- mailed, faxed, or mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the City and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the City has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. B. Failure to correct the deficiencies listed in the notice of deficiency within the time frame 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 Contractor's responsibilities under this 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 Manager. 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. it 0 0 21. LABOR AND PREVAILING WAGE REQUIREMENT A. Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. C. This agreement shall be paid in accordance with 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) 7034774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive). 22. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not discriminate against any subcontractor, Contractor, employee or applicant for employment because of race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 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. 12 0 B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: General Services Director City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Bob Shuman, Branch Manager Merchants Landscape Services Incorporated 1639 East Edinger Avenue, Suite C Santa Ana, CA 92705 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 reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may, in addition to the other remedies provided in this or authorized by law, terminate this Agreement forthwith by giving written notice of termination. . B. This Agreement may be terminated without cause by City upon thirty (30) days written notice. Upon termination, City shall . pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the 13 City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City Administrator determines that contract services are performed as well and as frequently as required by this Agreement. 27. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 28. COMPLIANCE WITH LAW All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 29. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 14 0 0 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. [SIGNATURES ON FOLLOWING PAGE] 15 0 0 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: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk 16 CITY OF NEWPORT BEACH A Municipal Corporation 0 Mayor Steven Rosansky for the City of Newport Beach CONTRACTOR: MERCHANTS LANDSCAPE MAINTENANCE, INC. By: (Corporate Officer) Title: Print Name: (Financial Officer) Title: Print Name: LIST OF Exhibit A : Scope of Work Exhibit B : Median and Roadside Locations, Acreage, and Irrigation Exhibit C : Maintenance Frequency Summary Exhibit D : Standard Materials Exhibit E : Required Reports Exhibit F : Unit Prices Exhibit G : Bid Unit Costs Exhibit H : Total Cost 17 EXHIBIT A SCOPE OF WORK I. INTENT City desires that Contractor provide full and complete contract landscape maintenance services at all locations specified in Exhibit 13, and that such sites be kept in a healthy, weed free, vigorous, and well -kept state at all times. II. DESCRIPTION OF PROJECT Contractor shall famish 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. Hrdscape 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. Pruning trees under 8 feet in height. It shall NOT be the contractor's responsibility to maintain or repair: 1. Area lighting systems E 2. Fencing 3. Gates 4. Any building located at the specified site S. Graffiti 6. Vandalism (except as provided in Paragraph VIII infra) 7. Signage 8. Damage resulting from vehicular accidents (except as provided in Paragraph VIII infra) 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. 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. 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 or after 5:00 PM. IV. TERM OF CONTRACT The term of this agreement shall be for a period of two years, with up to three (3), one (1) year extensions, renewable on an annual basis as City's sole discretion. The City reserves the right to terminate the agreement unilaterally at any time upon thirty (30) days written notice to the Contractor. This contract can be renewed in one year increments by mutual agreement, based upon an evaluation of performance of the maintenance contractor with a determination of satisfactory performance by the City. If negotiations are still in progress at the end of any term previously agreed upon, the City and the Contractor will continue performance as required herein on a month -to- month basis at the previously agreed upon basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least sixty (60) days after written notice to the City of its decision to terminate the relationship and the City shall be obligated to give consideration to the Contractor for such additional performance at the usual rate of payment as provided herein. 19 0 0 V. LEVEL OF MAINTENANCE All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the maintenance specifications attached hereto. 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 the specifications set forth within this document and providing that no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date, week or month. 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 the billing period and shall continue to be withheld until the deficiency is corrected, without right to retroactive payments. VI. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach's General Services Department. There shall be a daily meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. Contractor shall submit a monthly maintenance schedule in writing to the City by the first of each 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 the condition is corrected in a satisfactory manner as set forth in the specifications. VII. 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. VIII. ADDITIONAL TERMS Contractor and City have agreed to the following additional terms: 20 IX. • 0 Contractor shall perform the labor for irrigation repairs due to accidents or vandalism free of charge, if the work is performed during normal operating hours. City shall reimburse Contractor for the irrigation parts, and will pay any labor costs for such emergency work required at night or on weekends and holidays. All correspondence shall be addressed to Dan Sereno, Parks and Trees Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884. X. 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. XI. STREET CLOSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. X1I. DISPOSAL At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. XIII. RECORDS Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Trees Maintenance Superintendent. 21 0 0 This report should also contain a description, including man- hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. 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 Trees 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 Trees Maintenance Superintendent for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services only at any reasonable time. XIV. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. XV. 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, water truck operations, and plant replacements. Positions used for specialty operations shall be in addition to those outlined on page 3, section C. XVI. 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. XVII. CONTRACTOR'S OFFICE Contractor is required to maintain an office/yard within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. 22 E 0 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. XVIII. SCHEDULES A. 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. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. B. Weekly Schedule 1. Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 2. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. 4. Changes to the schedule shall be received by the Parks and 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 result in deduction of payment for that date, week, or month. 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. 23 i 0 C. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly schedule. XIX. 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. XX. 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. XXI. Pesticides The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Trees Maintenance Superintendent with all of the following: . 1. A copy of Contractors Orange County Agricultural Commissioners, "Restricted Materials Permit/Operator I.D. numbers ". 2. A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. 3. A "Pesticide. Use Daily Record" for any site that a pesticide was used, within 24 hours of application. 4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials ", 24 hours before application. 24 5. A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use. 6. The contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. 7. Pest Control Operator will be assigned to contract to apply restricted materials, with a Qualified Applicators License. 25 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. All insects, plant, turf diseases and other like pests shall be controlled by the Contractor. Any control measures should be approved fast 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. RZ r 0 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 hispector. 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. Il. 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. 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, flow sensors, master valves, manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter assembly except as he/she may cause damage to these items. a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. b. Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for damages occurring due to under- watering or over - watering. 27 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 flow sensors and master valves at all sites at which such a unit is installed. 2. Turf shall be regularly mechanically trimmed around sprinklerr 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. 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. Water Conservation Contractor shall appoint a staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements. Abilities A. Meet Irvine Ranch Water District Landscape hrigation Guidelines and monthly water allocations. B. Maintain a healthy landscape. C. Calculate evapotranspiration (ET) rates to GPM. D. Maintain all medians, roadside areas and landscape in a usable condition (no flooding due to over - irrigation). E. Troubleshoot and diagnose irrigation systems and take corrective action. i 0 0 Requirements A. The Water Manager shall program all controllers weekly according to the Irvine Ranch Water District allocation. B. The Water Manager shall notify the Contractor or City Representative of all required repairs. C. The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly water allocations for each meter on all streetscape and park applications. Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. Damages for Water Management A. Should the contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the Contractor's monthly compensation. B. Deduction shall exclude all approved appeals such as mainline and control valve failures. C. The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over allocation water billing to determine which water billing appeals are to be approved and which are to be waived. D. Over - allocations that do not .qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. 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. 29 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 — %z to '/< . b. Cool season turf grass including bluegrass, perennial rye, fescues — 1 % to 2 inches. c. Kikuya and St. Augustine turf grass —1 '/4 to 1 '/< inches. 3. Vertical mowing of warm season grasses shall be done once per year in March. a. Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. b. Cool season grasses shall be renovated to remove thatch annually as directed. 4. All turf shall be fertilized three times per year using a homogenous, pellet or granular slow release material. City must approve the material used. Apply at the following rates and time: a. February: 22 -3 -9 fertilizer at one pound actual nitrogen per 1,000 square feet. b. June: 21 -3 -5 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 30 0 0 b. Chemical control of broadleaf weeds shall be initiated twice a year or 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 '/2" core spoons at not more than 6" spacing and a minimum depth of 4 ". b. Remove and dispose all cores. c. Contractor is responsible for locating and marking all sprinkler components. Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. a. Irrigation must be scheduled to avoid either under- watering or over - watering. b. Manually water where necessary. c. Check operation of irrigation weekly, or more often when conditions warrant, to insure proper operation of irrigation system. 8. Control all rodent pests as necessary to provide a healthy and safe environment for plants and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs, correct as necessary. 10. Scheduling of mowing and turf care maintenance .times will be approved by the City. Attention to public use will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. Planter /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 will be. used three times a year where appropriate in shrub and ground cover beds, and as approved by the City. No hoeing or scuffing weeds allowed. Chemically control or manually remove them by the roots. b. Morning glory and grass infestations shall be treated immediately when observed. c. Groundcover areas shall be fertilized twice per year, once in March with approved 9 -9 -9, and once in October with the approved 16 -6 -8 slow - release turf fertilizer, at a rate of 2 pounds actual fertilizer per 1,000 square feet. 31 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 or water truck water where necessary. f. Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. h. Bark mulch should be replaced in all planters to ensure a 2 -inch layer at all times, at contractor's expense. 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. Bi- monthly 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 or water truck 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, mores, 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. 32 j. Trim plant material regularly adjacent to curbs, sidewalks, and . roadways to provide for proper, unobstructed circulation. k. Bark mulch should be replaced as necessary. 1. All plant material will be trimmed to protect property owners ocean views, bay views, vistas, etc. as needed or as directed by City staff. m. Weeds shall be removed as they appear. A pre - emergent herbicide will be used three rimes a year where appropriate around shrubs, vines and trees, and as approved by the City. 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 treetshrub shall be removed without prior direction or approval of the City. Trees /shrubs badly damaged and in need of replacement shall be brought to the attention of the Parks and Trees Superintendent. g. Water as required to maintain proper and vigorous growth according to variety. Manual water or water truck 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. OQ 0 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 Trees 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 seven days per week June 1 through September 30 and six days per week October 1 through May 31. a. Remove all litter and other debris from site seven days per week June 1 through September 30 and six days per week October 1 through May 31. 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, week, or month. c. Provide safety and facility inspection and immediately report any deficiencies to the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: 1. Light standards and fixtures 2. Walls, fences, gates 3. Signage 4. Graffiti 34 0 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. b. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. c. All broken glass and sharp objects shall be removed immediately. d. All areas shall be inspected seven days per week June 1 through September 30 and six days per week October 1 through May 31 and maintained in a neat, clean and safe condition at all times. e. All areas shall be raked to remove. leaves and debris five days per week. f. 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 g. All leaves, paper and debris shall be removed from hardscape areas and disposed of off site. Drinking Fountains: 1. Inspect, clean, adjust five days per week. 2. Report any deficiencies to the City immediately in writing. Dial osal At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the City by 30 days after the end of each calendar quarter. Native and Drought Tolerant Plant Maintenance These requirements are in addition to the above written Technical Maintenance Specifications: 35 0 0 A. All native and drought tolerant plant material at these sites will be maintained in their natural shape. All dead wood for natives will remain on the plant or where it has fallen. B. The areas shall be maintained weed free. Only manual pulling or mechanical cultivation of non - native weal species will be allowed. Use of pre- emergent herbicides are prohibited in these areas. C. The contractor's maintenance personnel will be trained to distinguish weedy plant species from native or drought tolerant vegetation to ensure that only weedy species are removed. D. All weeds will be removed manually beforc they can attain a height of six inches (6 ") or produce seeds, whichever comes first. E. Pulled weeds will be placed in a "mantilla" to prevent the seeds from coming in contact with the ground and removed from the project site during maintenance. F. Leaf and branch drop and organic debris from native species shall be left in place. G. At several times during the year, especially during the rainy season (November — May), the contractor will ensure there is sufficient staff to accommodate manual removal of all weeds throughout the sites. The staffing necessary to accomplish the above weeding, shall not delay maintenance frequencies in other areas (i.e. turf, groundcover, and shrub maintenance). 36 EXHIBIT B ME DIAN LOCATIONS, ACREAGE AND IRRIGATION Area Description I Irrigation 37 No G Street X Balboa Blvd 0.032 0.022 X Balboa Blvd -Medina Way to 21st St. 1 0.034 X i0o Balboa Blvd - Medina Way to 21st St. 2 0.223 X X McFadden Interchange Medians 0.032 0.241 0.02 X Villa W X 29th Street 0.02 0.014 X M Street Median 0.003 0.051 0.039 X 0.093 Via lido - Newport Blvd to Via Operto 0.025 0.038 X 0.083 Newport Blvd X Via Lido 0.019 0.141 X 0.16 Clubhouse X Finley 0.02 0.018 X 0.038 Balboa Blvd - Coast H%vy to 32nd Street 0.068 0.317 X 0.385 Superior Ave north of Coast M 0.020 0.389 X 0.409 Newport Blvd - Coast Hwy to Industrial Way 0.461 0.552 1 X X 1.013 Coast Hwy - Santa Ana River to Ne%*.,port Blvd 0.607 1.27 1 X 1.877 Coast Hwy - Mariners Mile 0.016 0.077 X 0.093 St. James Road X Kings Place 0.005 0.028 X 0.033 Margaret Drive behveen Tustin and Irvinve 0.007 X X 0.007 WestdtH Drive - Irvine Ave to Dover 0.132 0.152 X X 0.284 Trian ular median - WestdiH X Dover 0.005 0.108 0.025 X 0.138 Dover Drtve - Westdiff to Coast Hv 0.327 0.495 X X 0.822 Irvine Ave - Westdifl to Dover 0.68 0.26 X wqgd Irvine Ave - Dover to Holiday Road 0.49 0.34 1 1 X 0. Irvine Ave - Santiago to University 0.057 0.986 0.386 X 1.409 Jamboree Road - Bristol to Coast Kyy 0.068 3.363 1.712 X 5.143 University Drive - Jamboree to MacArthur 0.112 0.172 X 0.284 Vista Del Sol 0.121 0.316 X 0.437 Ford Road - Jamboree to San Miguel 0.012 0.679 0.53 X 1.221 San Miguel - Ford Road to Avocado 0.081 1.643 0452 X 2.576 San Joaquin - Spyglass to Backbay Road 0.735 2.697 1.374 X 4.806 Coast Hwy - Dover to Newport Coast Drive 2.08 2.18 1 1 1 X 4.26 MacArthur at Coast H%vy 0.037 X 0.037 El Paseo Drive 0.101 X 0.101 Avocado - Waterfront to Coast M 0.286 0.23 X X 0.516 Corinthian Way - West of MacArthur Blvd 1 0.00181 0.0311 0.019 1 1 X 0.052 37 EXHIBIT B MEDIAN LOCATIONS, ACREAGE AND IRRIGATION • 38 Aron Description Irrigation 10-005 New Place Drive - West of MacArthur Bivd 0.026 0.098 X MacArthur Bvld - North of Jamboree 0.18 0.06 X Jamboree Road - Bristol to Cam s Drive 0.67 0.36 X Balboa Blvd at A Street 0.005 X MacArthur Blvd - Coast H%vy to Bison 4.44 1.97 X 6.41 Bonita Canyon Road - MacArthur Blvd to 73 1.33 0.38 X 1.71 Park Ave 0.587 0.104 X 0.691 Total Acreage 13.9058 10.6641 14.305 01 1 1 38.8748 • 38 EXHIBIT B ROADSIDE LOCATIONS, ACREAGE AND IRRIGATION Area Description Irrigation 39 1 J o . a �a . _a Cannery Village Parking Lot 0.074 0.313 X 0.387 28th and 30th Street Parkin Lots 0.115 0.715 X X 0.83 McFadden Parkin Lot 0.116 0.112 0.654 X X 0.882 191h Street street end - ba ide 0.013 0.012 X 0.0 Marina Park ParklQq Lot 0.037 1 0.239 1 X 0.2 13th Street, street and - ba side / beach 0.059 X 0.059 121h Street, street end - ba slde / beach 0.059 X 0.059 11 th Street, street end - ba side / beach 0.059 X 0.059 'F' Street street end - ba ide / beach 0.041 X X 0.041 Palm Street Parking Lot 0.033 0.305 X 0.338 Miramar Drive and Balboa Blvd 0.015 0.056 0.036 X 0.107 '1' Street street end - ba side 0.043 0.013 X X 0.056 'L' Street, street end - oceanside 0.048 0.015 X X 0.063 'M' Street, street end - oceanside 0.031 0.018 X X 0.049 Via Oporto X Central Parkln2 Lot 0.036 0.367 X 0.403 Short Street X Newport Blvd Roadside 0.146 0.118 X 0.264 OCTA Bus Stop - Balboa Blvd X 46th 0.027 0.018 X 0.045 OCTA Bus Stop - Balboa Blvd X Rivar 0.033 0.024 X 0.057 Newport Island entrance 0.014 0.054 0.009 X 0.077 37th - Olive Street street ends off Seashore 0.129 0.035 X 0.1 Prospect Street• ends off Seashore 0.004 X 0.0 Oran a Street, ends off Seashore 0.002 X 0.002 Summit Street planter 0.011 0.021 X 0.032 Cappys trail / bench area 0.172 X X 0.172 West Coast FhvV Roadsides 0.849 1.998 X 2.847 Superior X Coast Hwy Parking LF7 0.486 0.205 1.145 X 1.836 N.W. Quadrant - Newport Blvd X Coast tLV 1.103 0.071 X 1.174 S.W. Ouadrant - Newport Blvd X Coast iiv 1.029 0.268 X 1.297 S.E. Quadrant - Newport Blvd X Coast Hwy 0.575 1 0.238 1 X 0.813 Newport 81vd Roadsides 10.447 0.076 X X 10.523 Mariners Mile Parkin Lot 0.079 1.19 X 1.269 R Point / Pellcen Wail 0.054--7+ 0.036 X 0.090 39 1 J EXHIBIT B ROADSIDE LOCATIONS, ACREAGE AND IRRIGATION Area Description Irrigation 40 __ t o. mo.t Dover X WestdiH 0.066 0.638 0.116 X 0.820 Coast Hv Ba shore Soundwall 0.035 0.293 X 0.328 OCTA Bus Stop - 8a shore Drive X Coast 0.135 0.129 X 0.2 Dover Drive Arterials - WestdiH to Mariners 1.308 X 1. Dover Drive Arterials - N Irvine Ave to Mariners 0.101 X 0.101 Dover Drive Arterials - S Irvine Ave to Mariners 0.418 X X 0.418 WestdiH Drive Arterial Groves 0.612 0.062 X 0.674 WestdiH Drive X Santiago 0.006 0.049 0.017 X 0.072 Groves Bike Trail 0.056 0.354 1.192 X 1.602 Irvine Ave Arterial North of Private Road 0.018 0.223 0.045 X 0.286 Tustin Avenue street end 0.038 0.009 X 0.047 Anniversary lane Roadside 0.149 X 1 0.149 Jamboree BIQ Can on Roadside 0.227 0.204 X X 0.431 Port Dunbar Drive Roadside 0.741 0.526 X 1.267 Spyglass H71 Road Roadsides 1.607 0.4991 1.188 X 3.294 San Joaquin Hills Road Roadsides 2.245 1.323 1.022 X 4.590 Coast Hv - Seaward to Cameo Highlands 0.498 X X 0.496 Centennial Plaza 0.0126 0.079 X 0.092 Larkspur Street End 0.037 0.013 X X 0.0 Jasmine Street End 0.014 0.059 0.025 1 X I X 0.0 Femleaf Ramp 0.184 0.046 X 0.230 Baysido Drive - Jamboree to Marguerite 1.316 0.051 X X 1.367 Coast Ht - Jamboree to Avocado 1.364 1.28 X 2.644 Coast H - Bayside Drive to Jamboree 0.018 0.579 X 0.597 Jamboree - Coast Kvy to Bayside 0.202 0.121 X 0.323 Promentory Bay Plaza 0.025 0.093 X 1 0.118 Promentory Point and Channel Walk 0.26 0.211 1 X 0.471 Baba Island Entrance 0.028 0.029 X 0.057 Balboa Island - Grand Canal Bride 0.012 X 0.012 MacArthur Blvd - Coast Hwy to San Miguel 2.33 1.03 X 3.360 Balboa Village, Balboa Pier Parkinq Lot 2.521 0.06 2.05 X 2.700 Entrance to Collins Island 0.01 X 0.010 BI Canyon Reservoir along San Minuet 0.2971 1 0.252 X 0.549 40 E,3LBIT B ROADSIDE LOCATIONS, ACREAGE AND IRRIGATION G 41 Descri tion Irrigation "Area West side of Dover - Coast Hv to Cliff 01 a 0.240 X 0.471 Castawa s Bluf o Trail 0.76 X 1.82 Ba lBw W - Across from Fletcher Jones 0.303 0.083 X 0.38 Polaris slope across from Westcliff Park 0.95 0.082 0.050 X 1.08 Udo/Peninsula Gateway Roadside at Newport Btvd x Via Lido/Short Street 0.134 0.094 0.287 X 0.495 Total Acreage 32.6346 4.22 19.18 1.364 57.379 G 41 • • MAINTENANCE FREQUENCY SUMMARY FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Three rimes /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/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/year Seven days/week and 6 days /week per Hardscape Maintenance p.33 Seven days /week and 6 days /week per Grounds PolicingtLitter Removal p.33 Seven days /week and 6 days/week per Site Inspection p.33 Balboa Village Seven days /week McFadden Parking Lot Seven days/week Centennial Plaza Seven days/week 42 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 of Newport Beach. Please contact Parks Supervisor, Randy Kearns at (949) 644 -3082 to confirm. Controller Rain Master Evolution DX2 irrigation controller Rain Master RME Sentar (contact city before using) Drip and specialized low - volume irrigation Rain Bird Xerigation Battery Powered Irrigation Rain Bird TBOS Battery Operated Controller Rain Bird GB Series Remote Control Valve Rain Bird Potted Latching Solenoid Miscellaneous Febco 825Y RP Rain Bird #ST -03UL Snap Tite Connectors Rain Bird #PT -55 Snap Tite Sealer Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Griswold DW Series Valve (Control Valve) 43 • Griswold 2160 Solenoid Valve (Normally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Match 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller) Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D Round Valve Box - Plastic -10" Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor TURF FERTILIZERS, ETC., A. All commercial fertilizers must be homogenous. B. All organic fertilizers must have lowest salinity rate possible. C. No steer or chicken manure is allowed. D. All fertilizers, planting medium, humus material, etc. must be City approved. PLANT STOCK All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Parks and Trees Maintenance Superintendent before planting. PESTICIDES All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. 0 • . • EXHIBIT E 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. Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required) 8. Monthly irrigation controller programming charts 9. Extra work approval list 1.0. Weekly maintenance inspection list for all sites 11. Manual irrigation schedule 12. Annual pesticide safety training records 13. Required tailgate safety meeting records 14. Monthly maintenance report 15. Monthly greenwaste recycling report 16. Water truck schedule 17. Monthly pest control inspection list for all sites, performed by a Qualified Licensed Applicator M, EXHIBIT F UNIT PRICES A. The.Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the. Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use. this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. FUNCTION COST/UNIT OF MEASURE TURF Turf Mow -Reel Blade $3.00 / 1000 Sq. Ft. Turf Mow- Rotary Blade $1.80 / 1000 Sq. Ft. Turf Mow and Clippings Picked Up $3.00 / 1000 Sq. Ft. Turf Edge $2.50 / 1000 Linear Ft. Turf String Trim $3.00 / 1000 Linear Ft. Turf Chemical Edge 6" Swath $8.00 / 1000 Linear Ft. Turf Chemical Edge 12" Swath $12.00 / 1000 Linear Ft. Turf Aerify $2.30 / 1000Sq.Ft. Turf Fertilize $2.60 / 1000 Sq, Ft. Turf Dethatch/Renovate $250.00 / Acre Turf Sweeping $6.00 / 1000 Sq. Ft. Flail Mow of Natural Areas $195.00 / Acre HARDSCAPE Cleaning and weed abatement $8.00 / 1000 Sq. Ft. GROUNDCOVERS Mow $2.50 / 1000 Sq. Ft Edge $3.00 / 1000 Linear Ft. Fertilize $3.50 / 1000 Sq. Ft. PEST CONTROL Turf disease/insect spray Boom Application $12.00 / 1000 Sq. Ft. Hand Application $22.00 / 1000 Sq. Ft. 0 0 Turf Broadleaf Spray Boom Application $12.00 / 1000 Sq. Ft. Hand Application $22.00 / 1000 Sq. Ft Groundcover disease/insect spray $22.00 / 1000 Sq. Ft. Shrub disease/insect spray $22.00 / 1000 Sq. Ft. Soil Sterilant Applicant $40.00 / 1000 Sq. Ft. Turf Pre- Emergent $9.00 / 1000 Sq. Ft. Landscape Planter Weed Control $19.00 / 1000 Sq. Ft. General Weed Control Post Emergent $22.00 / 1000 Sq. Ft. SHRUB PRUNING 14 Feet, Lacing $5.00 / Shrub 1 -4 Feet, Hedging $3.90 / Shrub 4 plus Feet, Lacing $7.25 / Shrub 4 plus Feet, Hedging $6.00 / Shrub TREE PRUNING Up to 8 Feet $20.00 / Tree PLANTING 1 Gal. Shrub $7.00 / Each 5 Gal. Shrub $18.00 / Each 15 Gal. Shrub $75.00 / Each 15 Gal. Tree with root barriers $125.00 / Each 24" Box Tree with root barriers $245.00 / Each 64 Count Flat Groundcover $19.00 / Flat 16 Count 4" Flat Annual Color $19.00 / Flat Turf -Seed and Top Dress $30.00 / 1000 Sq. Ft. Turf -Sod $12.00 / 1000 Sq. Ft. LABOR Landscape Maint. Laborer $19.00 / Hour Landscape Maint. Leadworker $24.00 / Hour Landscape Maint. Supervisor $45.00 / Hour Irrigation Specialist $34.00 / Hour Pest Control Applicator $36.00 / Hour Tree Trimmer $30.00 / Hour Equipment Operator Heavy Equip. $22.00 / Hour NEW AREAS Yearly Sq. Ft. for new median $.01 / Sq. Ft./Year Yearly Sq. Ft. for roadside $.01 / Sq. Ft./Year EQUIPMENT Full size 1 -ton truck /with driver $4, 600.00 / month 47 F- 6-1 Medians EXIIIBIT G BID UNIT COSTS C� Unit CostlYear Area Overall Area Acreage G St X Balboa Blvd. 0.054 $ 367.00 Balboa Blvd. - Medina Way to 21st St (1) 0.034 $ 231.00 Balboa Blvd. - Medina Way to 21st St (2) 0.223 $ 1,515.00 McFadden Interchange Medians 0.293 $ 1,991.00 Villa Way X 29th St. 0.034 $ 231.00 M St Median 0.093 $ 623.00 Via Lido - Newport Blvd. to Via Operto 0.063 $ 428.00 Newport Blvd. X Via Lido 0.16 $ 1,087.00 Clubhouse X Finley 0.038 $ 258.00 Balboa Blvd. — Coast Hwy to 32nd St. 0.385 $ 2,616.00 Superior Ave. north of Coast Hwy 0.409 $ 2,779.00 Newport Blvd. — Coast Hwy to Industrial Way 1.013 $ 6,883.00 Coast Hwy - Santa Ana River to Newport Blvd 1.877 $ 12,754.00 Coast Hwy — Mariners Mile 0.093 $ 632.00 St. James Road X Kings Place 0.033 $ 224.00 Margaret Dr - between Tustin & Irvine 0.007 $ 48.00 Westcliff Dr - Irvine Ave to Dover 0.284 $ 1,930.00 Triangular median - Westcliff X Dover 0.138 $ 938.00 Dover Dr. - Westcliff to Coast Hwy 0.822 $ 5,585.00 Irvine Ave. - Westcliff to Dover 0.94 $ 6,387.00 Irvine Ave. - Dover to Holiday Road 0.83 $ 5,640.00 Irvine Ave. - Santiago to University 1.409 $ 9,574.00 Jamboree Road - Bristol to Coast Hwy 5.143 $ 34,947.00 University Dr - Jamboree to MacArthur 0.284 $ 1,930.00 Vista Del Sol 0.437 $ 2,969.00 Ford Road - Jamboree to San Miguel 1.221 $ 8,297.00 San Miguel - Ford Road to Avocado 2.576 $ 17,504.00 San Joaquin - Spyglass to Backbay Road 4.806 $ 32,657.00 Coast Hwy - Dover to Newport Coast Drive 4.26 $ 28,947.00 MacArthur at Coast Hwy 0.037 $ 251.00 El Paseo Drive 0.101 $ 686.00 M i Medians EXHIBIT G BID UNIT COSTS • Unit Cost/Year Avocado - Waterfront to Coast Hwy 0.516 $ 3,506.00 Corinthian Way — West of MacArthur Blvd. 0.052 $ 353.00 Newport Place Drive — West of MacArthur Blvd. 0.124 $ 843.00 MacArthur Blvd. — North of Jamboree 0.24 $ 1,631.00 Jamboree Road — Bristol to Campus Drive 1.03 $ 6,999.00 Balboa Blvd. at A Street 0.005 $ 34.00 MacArthur Blvd. — Coast Hwy to Bison 6.41 $ 43,556.00 Bonita Canyon Rd — MacArthur Blvd to Hwy 73 1.71 $ 11,620.00 Park Avenue 0.691 $ 4,695.00 Total Acreage 38.8748 Total Cost/Year $ 264,146.00 M, EXHIBIT G BID UNIT COSTS Roadsides Unit Cost[Year Area Overall Area Acreage Cannery Village Parking Lot 0.387 $ 2,630.00 28th & 30th St. Parking Lots 0.83 $ 5,640.00 McFadden Parking Lot 0.882 $ 5,993.00 19th St. Street end - bayside 0.025 $ 170.00 Marina Park Parking Lot 0.276 $ 1,875.00 13th St. Street end — bayside / beach 0.059 $ 401.00 12th St. Street end — bayside / beach 0.059 $ 401.00 11 at St. Street end — bayside / beach 0.059 $ 401.00 "F" St. Street end — bayside / beach 0.041 $ 279.00 Palm Street Parking Lot 0.338 $ 2,297.00 Miramar Dr. and Balboa Blvd. 0.107 $ 727.00 "r' St. Street end - bayside 0.056 $ 381.00 "L" St. Street end - oceanside 0.063 $ 428.00 I'M" St. St. Street end - oceauside 0.049 $ 333.00 Via Oporto X Central Parking Lot 0.403 $ 2,738.00 Short St. X Newport Blvd: Roadside 0.264 $ 1,738.00 OCTA Bus Stop - Balboa Blvd. X 46th 0.045 $ 306.00 OCTA Bus Stop - Balboa Blvd. X River 0.057 $ 387.00 Newport Island entrance planters 0.077 $ 523.00 37th - Olive Street - Street ends off Seashore 0.164 $ 1,114.00 Prospect Street ends off Seashore 0.004 $ 27.00 Orange Street ends off Seashore 0.002 $ 14.00 Summit Street planter 0.032 $ 217.00 Cappy's trail/bench area 0.172 $ 1,169.00 West Coast Hwy Roadsides 2.847 $ 19,345.00 Superior X Coast Hwy Parking Lot 1.836 $ 12,476.00 N.W. Quadrant - Newport Blvd. X Coast Hwy 1.174 $ 7,977.00 S.W. Quadrant - Newport Blvd. X Coast Hwy 1.297 $ 8,813.00 S.E. Quadrant - Newport Blvd. X Coast Hwy 0.813 $ 5,524.00 Newport Blvd. Roadsides 10.523 $ 71,504.00 50 0 Roadsides EXHIBIT G BID UNIT COSTS 0 Unit Cost/Year Mariners Mile Parking Lot 1.269 $ 8,623.00 Rocky Point/Pelican Wall 0.090 $ 612.00 Dover X Westcliff 0.820 $ 5,572.00 Coast Hwy Bayshore Soundwall 0.328 $ 2,229.00 OCTA Bus Stop - Bayshore Dr. X Coast Hwy 0.264 $ 1,794.00 Dover Dr. Arterials - Westcliff to Mariners 1.308 $ 8,888.00 Dover Dr. Arterials -(N) Irvine Ave. to Mariners 0.101 $ 686.00 Dover Dr. Arterials -(S) Irvine Ave. to Mariners 0.418 $ 2,840.00 Westcliff Dr. Arterial (Groves) 0.674 $ 4,580.00 Westcliff Dr. X Santiago 0.072 $ 489.00 Groves Bike Trail 1.602 $ 10,886.00 Irvine Ave. Arterial N of Private Road 0.286 $ 1,943.00 Tustin Avenue Shvetend 0.047 $ 319.00 Anniversary Lane Roadside 0.149 $ 1,012.00 Jamboree Big Canyon Roadside 0.431 $ 2,929.00 Port Dunbar Drive Roadside 1.267 $ 8,609.00 Spyglass Hill Road Roadsides 3.294 $ 22,383.00 San Joaquin Hills Road Roadsides 4.590 $ 31,189.00 Coast Hwy - Seaward to Cameo Highlands 0.496 $ 3,370.00 Centennial Plaza 0.092 $ 625.00 Larkspur Street End 0.050 $ 340.00 Jasmine Street End 0.098 $ 666.00 Fernleaf Ramp 0.230 $ 1,563.00 Bayside Drive - Jamboree to Marguerite 1.367 $ 9,289.00 Coast Hwy - Jamboree to Avocado 2.644 $ 17,966.00 Coast Hwy - Bayside Drive to Jamboree 0.597 $ 4,057.00 Jamboree - Coast Hwy to Bayside 0.323 $ 2,195.00 Promentory Bay Plaza 0.118 $ 802.00 Promentory Point & Channel Walls 0.471 $ 3,200.00 Balboa Island Entrance 0.057 $ 387.00 Balboa Island - Grand Canal Bridge 0.012 $ 82.00 MacArthur Blvd. - Coast Hwy to San Miguel 3.360 $ 22,831.00 51 • • EXHIBIT G BID UNIT COSTS Roadsides Unit Cost/Year Balboa Village, Balboa Pier Parking Lot 2.700 $ 18,346.00 Entrance to Collins Island 0.010 $ 68.00 Big Canyon Reservoir along San Miguel 0.549 $ 3;730.00 West Side of Dover — Coast Hwy to Cliff Drive 0.471 $ 3,200.00 Castaways Bluf top Trail 1.82 $ 12,367.00 Bayview Way— Across from Fletcher Jones 0.386 $ . 2,623.00 Polaris slope across from Westcliff Park 1.082 $ 7,352.00 Lido/Penmsula Gateway Roadsides at Newport Blvd. x Via Lido/Short Street 0.495 $ 3,363.00 Total Acreage 57.379 Total Cost/Year $ 389,889.00 52 EXHIBIT H 0 TOTAL COST PER YEAR OF LANDSCAPE MAINTENANCE: $ 654.035.00 NOTE: Bid Price shall include all sales, use or other taxes applicable to the above item. If awarded the Contract. the undersigned hereby agrees to sign said Contract and furnish the necessary Faithful Performance Warranty Bond within ten (10) days after the award of said Contract. The undersigned has examined the location of the proposed work and is familiar with the Specifications and other Contract Documents and the local conditions at the place where the work is to be done. The undersigned has checked carefully all the above figures and understands that the City of Newport Beach will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Proposals are to remain valid for six (6) months. Merchants Landscape Services, Inc. (Signature) (Company) Mark Brower, President 1639 E. Edinger Ave., #C, Santa Ana (Printed or Typed Name) (Title) (Business Address) (800) 645 -4881 (Telephone Number) September 14, 2007 (Date) 53 $W of Newport Beacj& NO. BA- 08BA -024 BUDGET AMENDMENT 2007 -08 AMOUNT: $1az,ozl.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X 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 to enter into an agreement with Merchants Landscape Maintenance Inc. for the landscape maintenance of City medians and roadside areas. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Acc unt Description Debit Credit 010 3605 General Fund - Fund Balance $142,021.00 REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITUREAPPROPRIATIONS (3603) Description Division Number 3170 General Services - Parks Account Number 8080 Services - Professional & Technical $142,021.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number " Automatic System Entry. Signed: Fin nc' I Approval: Administrative Services Director Dat Signed: _ tl Administrative Ap val: City Manager Da Signed: City Council Approval: City Clerk Date CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 October 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 644 -3055 m harmon() city. n ewport- beach.ca. us SUBJECT. Selection of a Vendor for Contract Negotiations for the Landscape Maintenance of City Medians and Roadside Areas ISSUES: Should the City Council select a vendor and direct staff to negotiate a two -year agreement to provide landscape maintenance services for medians and roadside areas in the City? RECOMMENDATION: Direct staff to negotiate a two -year agreement with Merchants Landscape Maintenance, Inc., of Santa Ana to provide landscape maintenance services of City medians and roadside areas, and return to the November 13th City Council meeting with an agreement for approval. DISCUSSION: Existing Landscape Contract., In September 2005, the City Council approved a contract with TruGreen Landcare for the maintenance of over 90 acres of medians and roadside areas throughout the City at an annual cost of $414,000. Among the high profile areas maintained under this contract are all medians and roadside areas on Coast Highway from the Santa Ana River to Corona Del Mar; MacArthur Boulevard and Jamboree Road from the northern City limits southward to Coast Highway; areas of the Peninsula and Balboa Island; and miscellaneous roadways such as Irvine Avenue, San Joaquin Hills Road, and San Miguel Drive (see attached Selection of a Vendor for Contractelotiations for the Landscape Maintenance of City Medians and Roadside Areas October 23, 2007 Page 2 map). Newport Coast is not included, since that area is maintained under a different contract approved by Council on September 25, 2007. TruGreen commenced work under this medians and roadsides contract on October 1, 2005. The term of the agreement was for one year, however, it is renewable for up to four additional years. Over the past six months, however, the quality of the work provided by the firm has significantly diminished. They have experienced some employee turnover of skilled positions, and when it occurs, the company has been slow to fill the vacant positions. This has led to TruGreen getting behind on maintenance schedules and being slow to notice and rectify deficiencies, such as pest and irrigation problems. In response to the problems, the City has withheld payment as allowed in the contract, and in some cases, paid another contractor to service certain areas. Due to these on -going issues, staff decided not to renew the agreement with TruGreen for an additional year. The City may cancel the agreement upon 30 days' notice; in August, TruGreen was notified of our intent to seek other landscape proposals and they would be employed on a month to month basis, but that we would give them the required notice before cancelling their contract. They were agreeable to these conditions, and were allowed to submit a new proposal. Reauest for Proposal Process: On August 24, 2007, staff mailed Requests for Proposal to 18 landscape maintenance companies, with a due date of September 14. There were two changes between the current maintenance agreement and the guidelines given in the RFP. First, as noted above, the existing agreement had a one year term, but was renewable in one -year increments up to four times. The RFP discusses our intent to enter into a two -year agreement, with an allowance for up to three one -year extensions. While the end result is very similar, it does protect the City from the vendor giving notice that they choose not to renew at the end of only one year, requiring another RFP process. The RFP also provides for a CPI increase not to exceed 2.5% at the end of the two -year term and annually thereafter upon renewal of the agreement. A second change is the requirement for a minimum level of manpower. The RFP stated that the workforce should include a supervisor plus 13 employees: two leadworkers, two irrigation technicians, four positions to perform detailed maintenance, a mowing crew consisting of an operator and a laborer, and two positions dedicated to general litter control, refuse removal, and grounds policing, to ensure the contract area is checked for litter each day. Additionally, the contract is to be supplemented with three additional laborers from June 1 through September 30 each year. This manpower requirement doesn't preclude a contractor from bringing in additional manpower as necessary, but it allows the City to quantitatively measure their adherence to the contract on a daily basis. Selection of a Vendor for Contras Negotiations for the Landscape Maintenance of City Medians and Roadside Areas October 23, 2007 Page 3 On September 5, a mandatory pre -bid meeting was held at the Corporation Yard, and the meeting was attended by six vendors. Following the meeting, the vendors toured the City to view the maintenance areas. RFP Results: Staff received three proposals by the 11:00 a.m. deadline on September 14. The respondents and annual contract costs were as follows: Vendor Annual Cost Annual Cost Difference from Lowest Proposal Merchants Landscape Services, Inc. $654,035 -0- TruGreen Landcare, LLC. $834,000 $179,965 Midori Gardens Landscape Services $964,908 $310,873 Evaluation of Contractor: Merchants Landscape Service currently has municipal contracts with the Cities of Seal Beach, Santa Ana, Orange, Indio, Palm Springs, and Chula Vista. Staff contacted representatives from each of these cities, and the comments were predominantly favorable. Additionally, staff visited work sites in Orange and Seal Beach, and found them very well maintained. Merchants maintains parks and assessment district areas in the City of Orange, and all City parks, facilities, medians and roadside areas in Seal Beach. Department Recommendation: Staff is recommending approval to negotiate with Merchants Landscape Services based on cost and quality of work performed in other cites. With your approval, we will return with an agreement for approval at the November 12th meeting. In negotiations, we will attempt to further define fixed pricing for extra work and out of contract services. FUNDING: Due to the manpower required in the proposal, the maintenance cost has increased. However, given the distance between worksites in this contract, the number of personnel is justified in order to maintain the maintenance schedule. Since the medians and roadside areas were privatized in 1996, contracts have continually been understaffed. The required staffing level will help to bring our median areas to a substantially higher level of maintenance. Merchants Landscape Services' cost is $20,003 more per month than paid to TruGreen under their current agreement. Consequently, staff will request a budget amendment concurrent with approval of an agreement at the September 25th meeting to fund the difference over the six months of the fiscal year for which this contract would be in force (January 1, 2008 through June 30, 2008). Selection of a Vendor for Contracgotiations for the Landscape Maintenance of City Medians and Roadside Areas October 23, 2007 Page 4 ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. Prepared by: ike Pisani Deputy General Services Director Submitted General Services Director Attachment: City Median and Roadside Area Contract Map t► / X11141 jl�, LLI , *-L— I Medians and Roadsides al —W- General Services Department I to �- Inca -Medians - 38.87 Acres Roadsides - 57.38 Acres N W4�E 5 0 0.25 0.5 1 Miles PACIFIC L 4 .. •s CeZal��dl BAIBOA IKAND rt � c N C .*%% M[MI011t V 4 1 LR t COVE 51A TA tE PARK � P It