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HomeMy WebLinkAboutC-5550 - Agreement for Landscape Maintenance of Parks and FacilitiesAMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT WITH PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES THIS AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 26th day of May, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California C� municipal corporation and charter city ("City"), and PINNACLE LANDSCAPE MANAGEMENT, a California corporation, doing business as ("DBA") PINNACLE LANDSCAPE COMPANY ("Contractor"), whose address is 2200 South Fairview Street, Santa Ana, California 92704, and is made with reference to the following: RECITALS A. On July 23, 2013, City and Contractor entered into a Maintenance Services Agreement ("Agreement") to perform landscape maintenance services for City parks and facilities as further described in RFP 13-55 and attached as Exhibit A to the Agreement, all incorporated by reference ("Project"). B. City desires to enter into this Amendment No. One for additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the following additional work in the Scope of Services: Current and future park renovations, including but not limited to the addition of drought tolerant landscape and irrigation upgrades to reduce water use ("Services" or "Work"). Exhibit A to the Agreement, and the Services detailed herein shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced .with the following: "City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed One Million Two Hundred Sixty One Thousand, Three Hundred Four Dollars and 19/100 ($1,261,304.19) per year, without prior written amendment to the Agreement, for a total not to exceed amount of Six Million One Hundred Seventy Three Thousand, Four Hundred Seventy One Dollars and 69/100 ($6,173,471.69), for the term of the Agreement, subject to the Pinnacle Landscape Company Page 1 annual adjustment in the rates in accordance with the Consumer Price Index, as described below in Section 4.2." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Four Hundred Forty Eight Thousand, Four Hundred Seventy One Dollars and 691100 ($448,471.69). 3. 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 ON NEXT PAGE] Pinnacle Landscape Company Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: �- / I LI / 15' By: '1 i1 1 (�Ir Aaron C. Harp cA&k aq►3 I i�- City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: & 3-7-o K By: �' P -� �� P"�' Edward D. Seis Mayor ATTEST:1� CONTRACTOR: PINNACLE Date: 6.' / LANDSCAPE MANAGEMENT, a California corporation, DBA PINNACLE LANDSCAPE COMPANY Date: 0 1 By: - B`'d� Leilani I. -Brown George Mead ws - City Clerk President - OC Division �RNIA Date: I z ©1 1 By: Caleb C Secreta [END OF SIGNATURES] hief Financial Officer Pinnacle Landscape Company Page 3 CTY OF F NEWPORT BEACH City Council Staff Report May 26, 2015 Agenda Item No. 23 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Acting Municipal Operations Department Director — (949) 644-3055, mpisani@newportbeachca.gov PREPARED BY: Dan Sereno, Landscape Manager PHONE: (949) 644-3069 TITLE: Approve Amendment No. One to the Landscape Agreement for Parks and Facilities Maintenance with Pinnacle Landscape Company ABSTRACT: In July 2013, the City Council approved an agreement for the maintenance of parks and facilities with Pinnacle Landscaping Company. Since that time, the City Council approved additional funds in the Maintenance Operations Department budget for park renovations for Fiscal Year 2014-15 and funding is again included in the proposed FY 2015-16 Budget. This additional work requires an increase in the annual expenditure limit in the agreement. RECOMMENDATION: Approve Amendment No. One with Pinnacle Landscape Company for landscape maintenance services of parks and facilities at an increased total compensation of $448,471.69 for the remaining four years of the agreement, and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: There are adequate funds in Municipal Operations Department budget to fund these services this fiscal year, and funds for these services will continue to be budgeted in subsequent fiscal years. DISCUSSION: In July 2013, Council approved an agreement with Pinnacle Landscaping Company (Pinnacle) to provide maintenance services at parks and facilities for 231.25 acres of landscape maintenance across the City. The current Pinnacle agreement contains a not -to -exceed cost of $1,145,000 per year for maintenance services. The services provided by Pinnacle include turf maintenance, pest control, trash pickup and litter removal, pruning, irrigation maintenance, hardscape cleaning, maintenance of sand and wood chip areas, and general drinking fountain maintenance. 23-1 The Fiscal Year 2014-15 budget included $310,000 of additional funds for park renovations. The funds have been utilized to update Cliff Drive Park, Castaways Park, Grant Howald Park and other areas with the work being completed by City staff and the landscape contractors. The original agreement included an annual cost to provide basic maintenance services with an additional amount to account for unforeseen repairs or additional services, such as repair of irrigation, or from damaged caused by traffic accidents. Further, Pinnacle staff are occasionally used for landscape improvements associated with capital projects or funded by other departments. It should be noted that we are not requesting an increase in the Parks Division budget. This action is solely to amend the agreement to authorize compensation to Pinnacle for work authorized within our budget. Funding for landscape renovations is again included in the draft FY 2015-16 Budget, and next year's planned improvements will be concentrated on replacement of landscape with drought tolerant and California -friendly plants, as well as irrigation upgrades to reduce water use. Therefore, an amendment with Pinnacle Landscape Company is submitted for Council approval. The amendment will increase the annual cost of the agreement by $448,471.69 over the remaining four years of the term of the agreement. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Amendment No. One to Maintenance Services Agreement with Pinnacle Landscape Company 23-2 /_1ir_C91:hTtl=Iki11r_1 AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT WITH PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES THIS AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 26th day of May, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PINNACLE LANDSCAPE MANAGEMENT, a California corporation, doing business as ("DBA") PINNACLE LANDSCAPE COMPANY ("Contractor"), whose address is 2200 South Fairview Street, Santa Ana, California 92704, and is made with reference to the following: RECITALS A. On July 23, 2013, City and Contractor entered into a Maintenance Services Agreement ("Agreement') to perform landscape maintenance services for City parks and facilities as further described in RFP 13-55 and attached as Exhibit A to the Agreement, all incorporated by reference ('Project'). B. City desires to enter into this Amendment No. One for additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the following additional work in the Scope of Services: Current and future park renovations, including but not limited to the addition of drought tolerant landscape and irrigation upgrades to reduce water use ("Services" or "Work'). Exhibit A to the Agreement, and the Services detailed herein shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed One Million Two Hundred Sixty One Thousand, Three Hundred Four Dollars and 19/100 ($1,261,304.19) per year, without prior written amendment to the Agreement, for a total not to exceed amount of Six Million One Hundred Seventy Three Thousand, Four Hundred Seventy One Dollars and 69/100 ($6,173,471.69), for the term of the Agreement, subject to the Pinnacle Landscape Company Page 1 23-3 annual adjustment in the rates in accordance with the Consumer Price Index, as described below in Section 4.2." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Four Hundred Forty Eight Thousand, Four Hundred Seventy One Dollars and 69/100 ($448,471.69). 3. 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 ON NEXT PAGE] Pinnacle Landscape Company Page 2 23-4 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Har City Attorney ATTEST: Date: M Leilani I. Brown City Clerk (Cr) (Apn 0s11alm- CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D. Selich Mayor CONTRACTOR: PINNACLE LANDSCAPE MANAGEMENT, a California corporation, DBA PINNACLE LANDSCAPE COMPANY Date: George Meadows President — OC Division By: Caleb Gehard Secretary/Chief Financial Officer [END OF SIGNATURES] Pinnacle Landscape Company Page 3 23-5 0 PINNACLE March 11, 2015 City of Newport Beach Mike Pisani Deputy General Services Director 100 Civic Center -Dr Newport Beach, CA 92660 Subject; Landscape Contract Change Dear Mike, I just wanted to inform you that our CEO Jason Stewart has left Pinnacle Landscape Management, Inc., and will no longer be responsible for Pinnacle's business with the City of Newport Beach. George Meadows, President OC Division will be the new contact for Pinnacle in charge of ongoing business with the city and is authorized to sign contracts with the city. He can be contacted at 714-721-9252, or George(a)_reach4pinnacle.com. We apologize for any inconvenience, and please feel free to contact me with any questions. *adebhard Landscape Management, Inc. 2200 S. Fairview Santa Ana, CA 92704 2200 S. Fairview Street, Santa Ana, CA 92704 • (714) 434-7472 (P) • (714) 434-7492 (F)www.pinnaclelandscapecompany.com CA Contractor License. #835710 February 5, 2014 Pinnacle Landscape Company 2200 S. Fairview Street Santa Ana, CA 92704 Dear Jason Stewart, The Municipal Operations Department notifies Pinnacle Landscape Company to discontinue landscape maintenance of the Central Library at 1000 Avocado. This reduction will not affect the minimum manpower or equipment required for the contract. Please adjust all invoices to reflect the removal of the location at the annual cost of $6,300.00 as stipulated in the agreement. Approved: Mike Pisani, Acting Co -Director Corporation Yard: 592 Superior Ave, Newport Beach, CA 92663 -Telephone: (949) 644-3055 Fax: (949) 650-0747 Utilities Yard: 949 West 16th Street, Newport Beach, CA 92663 - Telephone: (949) 644-3011 Fax: (949) 646-5204 Mailing Address: PO Box 1768, Newport Beach, CA 92658-8915 - www.newportbeaehca.gov/municipaloperations MAINTENANCE SERVICES AGREEMENT WITH PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into as of this 23rd day of July, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( ("City"), and PINNACLE LANDSCAPE MANAGEMENT, a California corporation, doing business as ("DBA") PINNACLE LANDSCAPE COMPANY ("Contractor"), whose address is 2200 S. Fairview Street, Santa Ana, CA 92704, 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. City desires to engage Contractor to perform landscape maintenance services for City parks and facilities as further described in RFP 13-55 and herein as Exhibit A, all incorporated by reference („Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1, TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million One Hundred Forty Five Thousand Dollars 00/100 (1,145,000.00) per year, without prior written amendment to the Agreement, for a total not to exceed amount of Five Million Seven Hundred Twenty Five Dollars 001100 ($5,725,000.00) for the term of the Agreement, subject to the annual adjustment in the rates in accordance with the Consumer Price Index, as described below in Section 4.2. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B (`Billing Rates') shall be adjusted in proportion to changes in the Consumer Price Index, Pinnacle Landscape Company Page 2 subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed 2.5% of the Billing Rates in effect immediately preceding such adjustment. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Jason Stewart to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Pinnacle Landscape Company Page 3 Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Parks and Trees Superintendent or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7, CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator, 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a Pinnacle Landscape Company Page 4 result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, 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, attorneys' 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 breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship 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, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 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 attorneys' 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 Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents, 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. Pinnacle Landscape Company Page 5 10. 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. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 of the Work 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. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100°/x) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one Pinnacle Landscape Company Page 6 hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole Pinnacle Landscape Company Page 7 right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 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 any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 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 immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless Pinnacle Landscape Company Page 8 City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Parks and Trees Superintendent Municipal Operations department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Jason Stewart Pinnacle Landscape Company 2200 S. Fairview Street Santa Ana, CA 92704 r t_ Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written Pinnacle Landscape Company Page 9 notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 27.2 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 written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent Pinnacle Landscape Company Page 10 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 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, 28.7 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. 28.8 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. 28.9 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, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Pinnacle Landscape Company Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: F// S- // 3 By: �- (-� c Aaron C. Harp City Attorney ATTEST: Z D' 1-3 Date: �J By: i6 - Leilani I. Brown City Cler�q CITY OF NEWPORT BEACH, a Californ'J�ou icipal corporation Date: 19/Lti% By: Keith D. Curry Mayor CONTRACTOR: Pinnacle Landscape Management, Inc., a California corporation, DBA Pinnacle Landscape Company Date: By: Ja Stewart Chief Executive Officer Date: 1�1 —11 _ 2013 By: i C ebhard Se eta Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Pinnacle Landscape Company Page 12 EXHIBIT A SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES f o The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such site be kept in a healthy, weed -free, vigorous, and well -kept state at all times. • DESCRIPTION OF PROJECT o Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein and at the locations listed below, including, but not limited to, the following: • Weeding, cultivating and brush control, both mechanically and chemically • Turfgrass weed eradication and control, both mechanically and chemically • Turf, shrub, and tree fertilization • Shrub and groundcover trimming, pruning, and training • Minor pruning and staking of trees under twelve (12) feet in height • Irrigation programming, monitoring, maintenance, and repair ■ Water meter reading and water conservation • General rodent, pest, and disease control on landscape planting and turf • Mowing, verticutting, and aerifying • General litter control, refuse removal, and grounds policing • Plant replacement • Hardscape cleaning • Maintenance of sand and wood chip areas ■ Access roadway clearance and visibility maintenance • General drainage structure and system maintenance • Drinking fountain maintenance • Reporting vandalism, graffiti, or any safety concerns o It shall NOT be the Contractor's responsibility to maintain or repair: • Area lighting systems • Fencing • Gates • Any building located at the specified site Pinnacle Landscape Company Page A-1 X Graffiti • Vandalism ■ Signage ■ Damage resulting from vehicular accidents • Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules • Trees over twelve (12) feet in height • LOCATIONS FACILITY ADDRESS/LOCATION Arroyo Park 114 Bayswater, Bison Ave. at Bayswater Back Bay View Park 1900 Back Bay Dr, Jamboree and Coast Hwy Balboa Island Park 115 Agate Ave Balboa Yacht Basin 829 Harbor Island Drive Bayside Drive Bayside Dr. between Carnation and Marguerite Bayview Park Mesa or and Bay View Ave Begonia Park Begonia Ave and First Ave Bob Henry Park 900 Dover or, 16th Street and Dover Drive Bonita Canyon Sports Park 1990 Ford Rd Bonita Creek Park 3010 La Vida Buck Gully & Fifth Poppy and Fifth Buffalo Hills Park 1891 Port Provence PI Castaways Park 700 Dover or Central Library 1000 Avocado China Cove Ramp Ocean Blvd and Fernleaf — Coastal Peak Park m 20403 East Coastal Peak Eastbluff Park 2401 Vista Del Oro Fire Station #4 124 Marine Ave Fire Station #7 mm 1971 Mesa Dr Harbor View Nature San Miguel Dr, east of Pacific View or Irvine Terrace 721 Evita Or Jasmine View Harbor View or and Marguerite Ave Lincoln Athletic Center 3101 Pacific View D Lower Buck Gully 214 Glen Dr Manning Tract 2001 W Newport Hills Dr Mesa Birch Park 2081 Mesa Dr Pinnacle Landscape s •. w.g- + Morning Canyon Park Surrey Dr and Rockford Rd Old School Park Dahlia Ave and Fourth Ave Police Department/Fire Station #3 868-870 Santa Barbara Dr San Joaquin Hills Park 1550 Crown Dr N San Miguel Park San Miguel Dr and Spyglass Hill Rd Spyglass Hill Park Spyglass Hill Rd and EI Capitan Dr Spyglass Hill Reservoir 21 Muir Beach Cir Sunset View Park Superior Ave, north of Coast Hwy W "A" Street Pump Station 815 E Bay Ave 38th Street Park 3600 Balboa Blvd Bolsa Bolsa Ave and Old Newport Blvd Channel Place 4400 Channel PI City Hall - Former 3300 Newport Blvd Cliff Drive 301 Riverside Ave Corona Del Mar Library 420 Marigold Corona Del Mar State Beach 3001 Ocean Blvd Ensign View 2501 Cliff Dr Fire Station #1/Balboa Library 100-110 Balboa Blvd E Fire Station #2 475 32nd St Fire Station #5 410 Marigold Ave Fire Station #6 1348 Irvine Ave Galaxy View Park 1398 Galaxy Dr Grant Howard 3000 Fifth Ave Kings Road 1801 Kings Rd L Street Park 327 L St Las Arenas Balboa Blvd W and 17th St Lido Park Via Lido and Lafayette Ave Mariners 1300 Irvine Ave Newport Island Park 3809 Marcus Ave Newport Pier Plaza 72 Newport Pier Newport Shores 220 61st St Ocean Blvd Bluffs Ocean Blvd from Bayview to Poppy Ave Peninsula A St and Ocean Front E Veteran's Memorial 215 15th St West Jetty 2300 Channel Rd Pinnacle Landscape Company Page A-3 West Newport Community Center 883 15th St W West Newport Park Seashore Dr and Prospect St Westcliff Polaris Dr and Morning Star Ln • LEVEL OF MAINTENANCE o All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description and as further described in RFP 13-55. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. o If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. o The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. • QUALITY OF WORK AND MATERIALS o All material and equipment furnished by the Contractor shall be new, high- grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the Project Administrator. All materials used shall be approved in advance by the Project Administrator. o The actual cost of all materials passed on to the City shall be wholesale cost of the material. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discounts available. Receipts shall be required for reimbursements. Pinnacle Landscape Company Page A-4 • At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. • Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. o The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: • Contractor shall conform to all City practices and procedures. • All City purchases will be for the sole expressed use of and for the City. • The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. • The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. • MINIMUM STAFF REQUIREMENTS o At minimum, Contractor shall provide, in addition to one (1) full time Supervisor, twenty-one (21) full-time positions. The City reserves the right to increase minimum staffing based upon additional acres being added to the Contract. • WORKMANSHIP AND SUPERVISION o The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications expressed within the Scope of Services. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. o All hours shall be made up if there are absences to the Contractor's workforce (including sick days and vacations.) Where advanced notice is provided by the Contractor, the Contractor shall provide replacement staffing for those absent. Pinnacle Landscape Company Page A-5 • WORKING HOURS o Normal working hours shall be no more than ten (10) hours per day between the hours of 7:00 AM and 5:00 PM. Normal working days are Monday through Friday. Unless otherwise specified in the Scope of Work, no Saturday or Sunday work other than litter control and refuse collection is to be scheduled without prior written 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. o For the purposes of the Scope of Work, the following Holidays shall be acceptable. Any additional holidays requested shall be done so in advance and approved in writing by the City. • Memorial Day • Independence Day (4th of July) • Labor Day • Thanksgiving Day • Christmas Day • New Years Day ® SUPERVISION OF CONTRACT o All work shall meet with the approval of the Project Administrator. There shall be a minimum of a weekly meeting with the Contractor and the Project Administrator to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first day of said month. The supervisor of this contract shall be available to meet with the Project Administrator daily during working hours, as necessary. o Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. SPECIFICATIONS o 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. Pinnacle Landscape Company Page A-6 ® PROVISIONS FOR EXTRAS o 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 in writing 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. • STREET CLOSURES, DETOURS, BARRICADES o Warning signs, lights, and devices shall be installed and displayed in conformity with the current edition of the "California Manual on Uniform Traffic Control Devices" (hftp://www.dot.ca.qov/hq/traffor)s/signtech/mutcdsupp/) for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. o 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. o Beacon fighting visible from behind the vehicle will be installed on vehicles working along City streets. DISPOSAL All landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. e RECORDS o The Contractor shall keep accurate records concerning all of his/her employees or agents. The Contractor shall provide this information in an organizational chart as changes in staffing occur. o The Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Project Pinnacle Landscape Company Page A-7 Administrator. This report should also contain a description, including staff -hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract and which has been approved by the City in accordance with the Agreement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved in writing by the City in accordance with the Agreement. o 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 Project Administrator. This maintenance calendar shall clearly indicate all of the 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 Project Administrator for approval prior to the date the changes are to take effect. o The Contractor shall permit the City to inspect and audit its books and records regarding City -provided services during regular business hours. • EMERGENCY SERVICES o The Contractor will provide the City with names, email addresses, and telephone numbers of at least two (2) 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. These Contractor representatives shall respond to said emergency within thirty (30) minutes of receiving notification. • SPECIALTY OPERATIONS o 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: reel -mowing of athletic fields, 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 in Appendix A: Minimum Staff Requirements. ® LANDSCAPE LICENSE o In addition to any and all relevant City, State and Federal permits and licenses required in the Agreement, the Contractor shall hold a valid and Pinnacle Landscape Company Page A-8 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 within one (1) calendar day after effective date of the contract, and any changes forwarded within twenty-four (24) hours of said change. A licensed pest control operator with a qualified application license must be provided to apply all restricted chemical materials. « CONTRACTOR'S OFFICE o Contractor is required to maintain an office within a thirty (30) minute response time of the City and provide the office with telephone and data service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by mobile device. o Unless otherwise specified by the Project Administrator, there will be no on-site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a storage facility. • SCHEDULES o 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. • The Contractor shall complete the schedule for each park and facility 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. • The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. o Weekly Schedule • 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. Pinnacle Landscape Company Page A-9 • The Contractor shall complete the schedule for each item of work and each area of work. • The initial schedule shall be submitted within seven (7) calendar days after 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 beginning the following Monday. ■ Changes to the schedule shall be received by the Project Administrator at least twenty-four (24) hours prior to the scheduled time for the work. • Failure to notify of a change and/or failure to perform an item of work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. ■ The Contractor shall adjust his/her schedule to compensate for all holidays and inclement weather days. Maintenance and litter removal shall be scheduled for all holidays and inclement weather days, unless otherwise indicated by the City. o Daily Schedule ■ Daily schedule shall be emailed to the Project Administrator before 8:00 AM each workday. It shall list site locations of crews and numbers assigned at each site. Changes to daily schedule can be made verbally or by email to the Project Administrator. o 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. PERFORMANCE DURING INCLEMENT WEATHER o 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. Pinnacle Landscape Company Page A-10 o 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. o The Contractor shall immediately notify the Project Administrator prior to removing the work force from the job site for agreement on degree of inclement weather or other reasons. If the Project Administrator cannot be reached, the Contractor shall notify the Parks Maintenance Supervisor. • UNDERGROUND EXCAVATIONS o The 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 Project Administrator and Underground Service Alert (www.digalert.org) (1-800-227-2600) forty-eight (48) hours before commencing any excavation, to locate underground service lines. • PESTICIDES o The City shall maintain all documents that pertain to the use of pesticides on its property. o Contractor shall provide the Project Administrator with all of the following in paper and electronic format: A copy of Contractor's Orange County Agricultural Commissioner's "Restricted Materials Permit/Operator I.D. numbers". A written "Pest Control Recommendation' for each site before Contractor uses any pesticide. Recommendation shall include a label and Material Safety Data Sheet for the pesticide proposed. Each complete set of recommendations shall be submitted in a binder (provide two (2) bound copies). A "Pesticide Use Daily Record" for any site that a pesticide was used, within twenty-four (24) hours of application. Total amounts of pesticides applied shall be submitted weekly. A weekly schedule indicating locations to be treated. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials", must be submitted twenty-four (24) hours before application. Pinnacle Landscape Company Page A-11 An annual proposed pesticide list including the Environmental Protection Agency numbers and caution level of all the pesticides Contractor intends to use for this contract, before any such use. o A full-time Pest Control Operator will be assigned to the contract to apply all pesticides with a State of California Qualified Applicators License. The pest control operator shall be provided a complete spray rig with a minimum one -hundred (100) gallon tank. The cost of all pesticides will be borne by the Contractor. The Contractor shall not use any pesticide that has not been authorized by the Project Administrator in writing. Pinnacle Landscape Company Page A-1 2 TECHNICAL MAINTENANCE SPECIFICATIONS • GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS o Perform all maintenance functions in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the Appendix C: 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. o Conduct all operations so as to provide maximum safety for the public and minimize disruption of the public use of City parks and facilities. o Keep all gutters, curbs, and walks adjacent to contract areas free of leaves, weeds, trash, and other debris. a Keep sidewalks free of algae where constant runoff occurs. o Remove leaves, weeds, trash, and other debris from landscaped areas and disposed of off-site. o Clean sidewalks, roadways, and any other areas littered or soiled by Contractor maintenance operations. o Maintain the premises free of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his/her 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 for the disposal of debris collected by the Contractor. o Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. o Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. o Notify the City immediately of any unusual and hazardous conditions at the work site. o Notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of City facilities. Pinnacle Landscape Company Page A-13 o Provide control measures for all insects, other like pests, and diseases. Any control measures should be approved first by the Project Administrator 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, o Remove all animal feces or other materials detrimental to human health from park areas and properly dispose immediately. o Remove all broken glass and sharp objects and properly dispose immediately. o Inspect all areas, benches, picnic tables, and associated park amenities daily, and maintain in a neat, clean and safe condition at all times. o Inspect all play and sports equipment for vandalism, safety hazards and serviceability. Deficiencies shall be reported in writing immediately to the City. o Clean all sand and wood chip areas abutting maintained areas when dirtied by Contractor's operations and at other times as required. o Empty trash cans provided by the City daily, and wash after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. o Keep all concrete "V" drains, to include the portion under the sidewalk, of vegetation, debris, and algae to allow unrestricted water flow. o Clean all other drainage facilities 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. o Empty all barbecue grills of ashes and debris. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS o Drainage Facilities All drainage structures shall be checked and cleaned to insure consistent unrestricted water flow. Any damage to structures shall be noted immediately to the Project Administrator. Pinnacle Landscape Company Page A-14 • Failure to properly maintain drainage systems or to notify the Project Administrator of damaged systems will result in the Contractor assuming full responsibility for the repair of drainage damage to the facility. o 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 as he/she may cause damage to these items. • 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. ■ 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. • Contractor shall turn off irrigation systems during rains. • All replacements to be made with original type material or as directed. • Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. • Material substitutions shall be approved by the Project Administrator. • Necessary irrigation repairs shall be made prior to the next scheduled irrigation cycle. All repairs shall be made in accordance with City standard irrigation specifications stated in Appendix E: Standard Materials. • Irrigation programming charts will be included in monthly reports in January, April, July and October. • Areas shall only be irrigated between 11:00 PM and 6:00 AM. LandscapePinnacle Company ■ Contractor will maintain moisture sensors at all sites . • Contractor will maintain master valve and flow sensors at each site. Master valves will be tested weekly and repaired as required. • Irrigation replacement materials (old parts), such as, but not limited to: irrigation valves, LINK controllers, steam rotors, Solenoids, Add - A -Zones and Diaphragm repair kits shall be provided to the Project Administrator for verification. ■ City shall reimburse Contractor for the actual cost, plus fifteen percent (15%) of all irrigation materials installed by the Contractor in the performance of Services. Actual costs 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 the commencement of the 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 the Agreement. ■ the City reserves the right to purchase materials or parts and make them available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and/or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. Contractor shall adopt reasonable methods during the duration 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 the City's sole negligence or willful misconduct. • Contractor shall advise the City's Project Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. ■ 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. Pinnacle Landscape Company Page A-16 • Contractor shall repair damaged irrigation pipes, controllers and valves only after the City's Project Administrator has approved a written estimate of the cost of repair. ■ Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the irrigation systems. • 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. However, the Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as needed. A weekly Irrigation Tracking Worksheet shall be submitted to the City inspector, specifying locations, controller numbers, date of inspection, and type of repairs made. • Contractor shall not charge labor for any irrigation repairs, unless it is pre -approved by the City for emergency repairs on overtime. • WATER CONSERVATION o Contractor shall appoint a staff member to act as the Water Manager. The Water Manager shall have the following abilities and shall meet the following requirements: • Abilities • Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and monthly water allocations stated in Appendix H: Irvine Ranch Water District Landscape Irrigation Guidelines. • Maintain a healthy landscape. • Calculate evapotranspiration (ET) rates to gallons per minute (GPM). • Maintain all parks and landscape in a usable condition (no flooding due to over -irrigation). • Troubleshoot and diagnose irrigation systems issues, and recommend or take corrective action. ■ Requirements • Program all controllers according to the IRWD allocation. Pinnacle Landscape Company Page A-17 • Notify the Contractor or City Representative of all required repairs. • Meet the IRWD monthly water allocations for each meter on all streetscape and park applications. The Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. ® DAMAGES FOR WATER MANAGEMENT o Should the Contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the Contractor's monthly billing. o Deduction shall exclude all approved appeals such as mainline and control valve failures. o The Project Administrator 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. • The Contractor shall copy Project Administrator on all such appeals, include all meter readings, allocation calculations and proof of repairs. ■ Over -allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. • TURF MAINTENANCE o All turf is to be mowed once per week. o Frequency of mowing shall be scheduled so that no more than one-third (1/3) of the height of the grass plant is removed per mowing. o Borders shall be edged at each mowing with a gas -powered walk -behind edger. o Clippings shall be collected and removed unless otherwise directed by the City. o Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted. Pinnacle Landscape Company Page A-18 o Chemically kill turf around trees, as needed, a maximum of six (6) inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A two (2) inch layer of bark mulch (approved by City) shall be maintained in this area at all times. o Mechanically trim around vaults, posts, and other similar features. o Mowing equipment shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. o Pick up all litter prior to mowing. o On all baseball infields, edging shall be performed using a string line and shall use the base paths as a guide. o Mow turf to the following heights: • Warm season turf grass: one-half (1/2) to one and one-quarter (1 "/) inches. • Bermuda Grass: one-half (1/2) to three-quarter (314) inches. ■ Cool season turf including Bluegrass, Perennial Rye, Fescues: one and one-half (1 '/z) inches to two and one-half (2'l2) inches. ■ Kikuya and St. Augustine turf: one and one-quarter (1 "/) inches to one and three-quarter (1 Y4) inches. o Mow all athletic fields using a reel -type mower, unless otherwise directed by the City. Mowing shall be scheduled to occur only on Wednesdays or Thursdays and shall not conflict with public use/sport group activities. o Vertical mowing of warm season grasses shall be done once per year in March to allow for sufficient time for turf regeneration. o Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. a Cool season grasses shall be renovated to remove thatch as directed. o All turf shall be fertilized four 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: January: 16-6-8 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. Pinnacle Landscape Company Page A-19 • April: 22-3-9 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. • July: 21-3-5 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. • October: 16-6-8 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. • 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. • The Contractor shall perform a soil fertility analysis at individual parks (up to 10) as directed by the City in the month of December and review the analysis with the Project Administrator in the month of January. • All materials must be approved by the Project Administrator. Quantities used must be submitted to the Project Administrator on the Monthly Fertilizer Use Report. o Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. • Turf areas must be maintained in a weed -free basis. = Chemical control of broadleaf weeds shall be initiated as needed on all turf. • The pest control operator shall post all areas to be treated per label requirements and be present on treated sites until chemicals have dried. o 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). Aerate all athletic fields six (6) times per year in the months of: December, February, April, June, August and October. o Aerate all turf with a mechanical aerator set with one-half (1/2) inch core spoons at not more than six (6) inch spacing and a minimum depth of four (4) inches. 0 Remove and dispose all cores. Pinnacle Landscape Company Page A-20 • Contractor is responsible for locating and marking all sprinkler components. • Topdress two times per year with approved topdress material (for sports fields only, immediately following December and June aerations). For these aerations, Contractor shall use a twelve (12) inch deep tine aerator. • Apply City approved, contractor supplied, perennial rye seed mix twice per year, at ten (10) pounds per 1,000 square feet. Contractor shall apply seed when topdressing takes place. • Apply Gypsum at twenty-five (25) pounds per 1,000 square feet to select turf areas (up to ten (10) athletic fields) one time per year as conditions dictate. ■ Contractor is responsible for damages due to aeration operations. o Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. • Irrigation must be scheduled to avoid either under -watering or over - watering. • Manually water where necessary. • Check operation of entire irrigation system at each site weekly, or more often when conditions warrant, to insure proper operation of irrigation system. o Control all rodent pests as necessary to provide a healthy and safe environment for turf and public. o Visually inspect all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs. Correct as necessary. o Scheduling of mowing and turf care maintenance times will be approved by the City. Use by the public will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. GROUNDCOVER MAINTENANCE o All groundcover areas shall be maintained in a trimmed, weed -free condition. Pinnacle Landscape Company Page A-21 o Weeds shall be removed as they appear. No hoeing or scuffling is allowed. A pre -emergent herbicide shall be applied in all shrub and groundcover beds twice per year, once in April and once in September. o Morning glory and grass infestations shall be treated immediately when observed. o Groundcover areas shall be fertilized twice per year, once in March and once in October with JTM complete (8-2-4) fertilizer at 15 pounds per 1000 square feet for the first two (2) applications, then 10 pounds per 1000 square feet thereafter. Substitutions may be considered at the City's sole discretion. o 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. o irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. o Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. o Bare groundcover areas shall be kept cultivated and raked of all debris. o Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure a layer of mulch at least two (2) inches thick all times. ® SHRUB, VINE AND TREE MAINTENANCE o Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. o Quarterly trim all shrubs to maintain the size and shape specified by the Project Administrator. o Pruning shall be accomplished to maintain a natural appearance; decorative, poodle cuts, or other unnatural pruning will not be permitted. Beveled edges/no hard edges will be permitted. o Control pests as required, including snails and insects. o Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. Pinnacle Landscape Company Page A-22 a Areas shall be fertilized twice per year, once in April and once in September with JTM complete fertilizer at 15 pounds per 1000 square feet for the first two (2) applications, then 10 pounds per 1000 square feet thereafter. Substitutions may be considered at the City's sole discretion. o 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. o Irrigate as required to maintain adequate growth and appearance. Manually water or water track where necessary. o Careful attention not to prune or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, morea, fountain grasses and other similar plants shall be removed immediately after blooming or as directed by City. o All bare shrub bed areas shall be raked weekly to remove all litter and other debris. o 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. a Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. o Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure a layer of mulch at least two (2) inches thick all times. o All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. o Weeds shall be removed as they appear. A pre -emergent herbicide shall be used twice per year where appropriate around shrubs, vines and trees, and as approved by the City. o The Contractor is responsible for trimming all trees up to twelve (12) feet in height. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. • Remove all suckers from base of trees as they develop throughout the year. Pinnacle Landscape Company Page A-23 • Stake and support trees as necessary. Staking and guying shall be as directed by the City. Staking materials shall be supplied at the Contractor's expense. • All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. • Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. • Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Parks & Trees Superintendent if any of the above conditions exists. • 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 & Trees Superintendent. • Water as required to maintain proper and vigorous growth according to variety. Manual water where necessary. • Tree wells shall be maintained with two (2) inch thick layer of bark mulch at Contractor's expense, unless groundcover is present. Weeds shall be removed, including their roots, before they reach three (3) inches in height. • All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. • All palms shall be fertilized with Palm Plus fertilizer once in March, once in June and once in October. o 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. o 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. Pinnacle Landscape Company Page A-24 ® HARDSCAPE MAINTENANCE o 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. ■ All expansion joints and cracks are to be maintained free of weeds. ■ Dirt, litter, and other debris must be removed on a weekly basis. • Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks & Trees Superintendent. o 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 o The Contractor shall provide general grounds policing and inspection five (5) days per week, except general grounds policing and inspection will be six (6) days per week from Memorial Day through Labor Day, including holidays. o Remove all litter and other debris from sites. o 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, f=ailure of said removal may result in deduction of payment for that date, week, or month. a Provide safety and facility inspections and immediately report any deficiencies to the Project Administrator. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: ■ Light standards and fixtures • Wails, fences, gates, park benches, gazebos • Signage ■ Graffiti Pinnacle Landscape Company Page A-25 o All areas, benches, picnic tables, and associated park amenities shall be inspected and cleaned. Contractor shall use a wet rag to wipe these down as needed. • SANDNVOOD CHIP AREAS o These areas shall include tot lots, play areas, volleyball courts, etc. o All sand and wood chip areas shall be cleaned and raked level, five (5) days per week, and six (6) days per week from Memorial Day through Labor Day, including holidays. o All areas shall be maintained weed -free. o During the first week in April, June, August, October, December and February, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. o Sand and/or wood chips shall be replenished as necessary to maintain optimum level in each area, and final level shall be determined by the City for each area. Replacement sand shall be at least equivalent to washed plaster sand and approved by the City (standard designation of rock product suppliers to denote a type and cleanliness of sand). All additional sand or wood chips that are added shall be at the Contractor's expense. • SPECIALTY/SPORTS AREAS o These areas shall include tennis courts, handball courts, basketball courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt, and concrete and decomposed granite walkways. o All areas shall be inspected five (5) days per week, and six (6) days per week from Memorial Day through Labor Day including holidays. o All areas shall be maintained in a neat, clean and safe condition at all times. Areas shall be swept and/or raked and debris disposed of off-site in order to remove all deposits of silt, sand, glass, paper, leaves and other debris. o All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. o All broken glass and sharp objects shall be removed immediately. Pinnacle Landscape Company Page A-26 o On Monday and Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. o All hard surface areas shall be inspected 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. o 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. a DRINKING FOUNTAINS o Inspect, clean, and adjust five (5) days per week. o Report any deficiencies to the City immediately in writing. o Locations: • Back Bay View Park, Castaways Park, Morning Canyon, Bonita Canyon Sports Park, Coastal Peak Park, Upper and Lower Buck Gully, and Mesa Birch Park o These requirements are in addition to all of the preceding Technical Maintenance Specifications: = 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. • The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non-native weed species will be allowed. • 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. ■ All weeds will be removed manually before they can attain a height of six (6) inches or produce seeds, whichever comes first. • 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 the same day's maintenance. Pinnacle Landscape Company Page A-27 • For Morning Canyon Park and Buck Gully, leaf and branch drop and organic debris from native species shall be left in place. ■ For California Meadow Sedge areas at Castaways Park follow Turf Maintenance Specifications, unless otherwise directed by City. Wash mower, weed whip or other equipment thoroughly prior to each mow at Castaways Park. Apply two (2) inch layer of mulch to walkways at Castaways Park and Back Bay View Park twice per year. Hand -pull all weeds in California Meadow Sedge areas prior to each mow; no chemical eradication will be permitted. ■ Hand water trees without bubblers as needed at Castaways Park, Morning Canyon Park and Buck Gully. Monitor excessive summer irrigation to Oak trees at Castaways Park, especially those situated in California Meadow Sedge areas. ■ Where applicable, inspect rabbit fencing once per week. At several times during the year, especially during the rainy season (November— May), the Contractor will have to make sure there is sufficient staff to accommodate manual removal of all weeds throughout the sites. If the Contractor fails to increase staff to accommodate timely weed removal, per specifications, the City may hire an outside Contractor to assist in weed removal and deduct these fees from the Contractor's monthly maintenance i Pinnacle Landscape Company Page A-28 MINIMUM STAFF REQUIREMENTS (APPENDIX A) Position # of Employees Work Performed Required Location(s) Vehicles) Supervisor 1 Pickup Truck or All sites equal Irrigation Technician 3 Irrigation Three (3) fully All sites EXCEPT maintenance stocked trucks Bonita Canyon with irrigation Sports Park controller remotes for Rainmaster Irrigation Technician 1 Irrigation One (1) fully Bonita Canyon maintenance stocked truck with Sports Park irrigation controller remote for Rainmaster Mow Crew Driver 1 Mowing/turf maintenance One (1) crew cab truck All sites Mow Crew Laborers 4 Leadworker 2 Two (2) crew cab trucks Detailed Maintenance 4 Various Sites Worker Detailed Back Bay View Park, Detailed Maintenance Maintenance Castaways Park, Worker 2 Morning Canyon, Mesa Birch Park, and Buck Gully Detailed Maintenance 2 One (1) truck or Bonita Canyon Worker utility vehicle Sports Park Driver 1 General litter One (1) One -ton All Contract sites control, refuse stake bed truck removal, and grounds policing Pest Control 1 Pest control One (1) fully- All Contract sites Operator operations stocked spray truck with a minimum 100 gallon tank Pinnacle Landscape Company Page A-29 LANDSCAPE MAINTENANCE AREA MAPS (APPENDIX B) To view and/or download Appendix B of the RFP, the Landscape Maintenance Area Maps, please visit: https://www5.newportbeachca.govfosupplier/bid current. asp? path =/RFP 13-55 Landscape Maintenance Services File Name: Landscape Maintenance Area Maps.pdf For interactive maps, please go so: http://gis. newportbeachca.gov/gispub/TurfMaintenance/default.aspx Pinnacle Landscape Company Page A-30 MAINTENANCE FREQUENCY SCHEDULE (APPENDIX C) FUNCTION FREQUENCY Irrigation Maintenance Operational Inspection Weekly Program Irrigation Controllers Weekly Test Master Valves Weekly Turf Maintenance Visual Inspection Weekly Mowing Weekly Clipping Removal At each mowing Edging At each mowing, As needed for Sports Fields Trimming At each mowing Fertilize Four times/year Aerate Twicelyear, six times/year for Sports Fields Topdress Application with approved perennial rye seed Twice/year for Sports Fields Vertical Mow Once/year Thatch Removal Once/year Gypsum Application Once/year for select turf sites Pest and Weed Control As needed Groundcover Maintenance Visual Inspection Weekly Trim Monthly Fertilize Twice/year Pre -emergent Application Twice/year Pest and Weed control As needed Shrub, Vine, and Tree Maintenance Visual Inspection Weekly Rake Weekly Restake/Check Each site visit/every two weeks min. Trim Four times/year Fertilize Twice/year - Once/year for trees—three/year for palm trees Hardscape Maintenance Five days/ week, Six days/ week Memorial Day through Labor Day Pinnacle Landscape Company Page A-31 Grounds Policing (Including Sand/Wood Chip Areas, Specialty/Sports Areas, and Park Amenities) Visual Inspection Five daysl week, Six days/ week Memorial Day through Labor Day Litter Removal Five days/ week, Six days/ week Memorial Day through Labor Day SandNVood Chip Area Maintenance Rototili Sand Six times/year Replenish As needed Specialty/Sports Area Maintenance Sweep or Water Flush Twice/week Five days/ week, Six days/ week Memorial Day through Labor Replenish Da Drinking Fountain Maintenance Inspect Five/week Clean Five/week Adjust Five/week Site Inspection Five days/ week, -� Six days/ week Memorial Day through Labor Day Pinnacle Landscape Company Page A-32 MANDATORY MOWING SCHEDULE (APPENDIX D) Before 9:00 AM Before 10:00 AM After 1:00 PM After 1:30 PM 38th St. Park Las Arenas Park Buffalo Hills Park I Sports Fields Lincoln Athletic Center Newport Pier Plaza Peninsula Park -OASIS Senior Center (Wednesdays Only) West Jetty View State Beach West Newport Park -Ocean Blvd. Bluffs Ensign View Park All Ll braries Irvine Terrace Park All Fire Stations Balboa Island Park All Play Areas San Joaquin Hills Park San Miguel Park Begonia Park Pinnacle Landscape Company Page A-33 STANDARD MATERIALS (APPENDIX E) All materials 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 the Project Administrator. • TURF FERTILIZERS, ETC. o All commercial fertilizers must be homogenous. o All organic fertilizers must have lowest salinity rate possible. o No steer or chicken manure is allowed. o All fertilizers, planting medium, humus material, etc. must be City approved. o All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and groundcovers must be approved by the Project Administrator before planting. o All shrubs and trees shall be planted with approved soil amendment. o All trees shall be planted with root barriers, tree stakes, and ties. o Hand -spread and rake in City Supplied seed in Native Park areas. • PESTICIDES o Roundup or equivalent o Snapshot or equivalent o Talstar or equivalent o Merit or equivalent o 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. Standard Irrigation Materials List; • HEADS o Toro 5702-PRX-COM with Precision Series Spray Nozzle (small turf areas) o Rain Bird 3500 (small / medium turf areas) Pinnacle Landscape Company Page A-34 o Rain Bird 5000 (medium turf areas) o Toro TR50XT (medium/large turn a Toro TR70XTP or Toro 2001 (large turf areas) o Toro 570-PRXCOM with Precision Series Rotatin Nozzle (slopes & groundcover areas) o Rainbird RWS Series (tree wells) • CONTROLLER o Rain Master Evolution DX2 irrigation controller with flow, radio & antenna • DRIP AND SPECIALIZED LOW-VOLUME IRRIGATION o Rain Bird Xerigation o Jardinier Surface Flow Irrigation o Toro Precision Series Rotating Nozzle • BATTERY -POWERED IRRIGATION o Toro DDCWP Battery -Powered Controller • MISCELLANEOUS o Febco 825Y RP Backflow Device o Spears # DS -100 Dri-Splice Connectors with crimp sleeves o Spears # DS -300 Dri-Splice Sealant o Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover o Griswold DW Series Valve (Control Valve) o Griswold DW Series Valve with DC latching solenoid (use with battery powered controller) o Griswold 2160 Solenoid Valve (Normally Open Master Valve) o Griswold 2000 Solenoid Valve (Normally Closed Master Valve) o Matco 754 Series Full Port Ball Valve o Schedule 40 PVC Lateral Pipes o Class 315 Main Supply Pipe (2" and larger) o Schedule 40 PVC Main Supply Pipe (1-1/2" and smaller) o Rectangle Valve Box -Plastic -18°L x 12"W x 12"D o Round Valve Box -Plastic -10" o Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. o Rain Master EVFM Flow Sensor Pinnacle Landscape Company Page A-35 FULL LANDSCAPE MAINTENANCE LOCATIONS & ACREAGE FULL LANDSCAPE MAINTENANCE LOCATIONS AND ACREAGE (APPENDIX F) FACILITY ADDRESS NOW SPORTS TURF SPORTS TURF TOTAL ACREAGE Arroyo Park 114 Bayswater, Bison Ave. at Bayswater 5.46 2.82 8.28 Back Bay View Park 1900 Back Bay Dr, Jamboree and Coast Hwy 1036 0.00 10.76 Balboa Island Park 115 Agate Ave 0.26 0.00 0.26 Balboa Yacht Basin 829 Harbor Island Drive 1.72 0.00 1.72 Bayside Drive Bayside Dr. between Carnation and Marguerite 3.58 0.00 3.58 Bayview Park Mesa or and Bay View Ave 2.10 0,00 2,10 Begonia Park -Begonia Ave and First Ave 2.22 0.00 2.22 Bob Henry Park 900 Dover Dr, 16th Street and Dover Drive 3.31 1,98 5.29 Bonita Canyon Sports Park 1990 Ford Rd 34,43 8.15 42.58 Bonita Creek Park 3010 La Vida 7.52 5.69 TM 13.21 --Buck Gully & Fifth Poppy and Fifth 0.74 0.00 0.74 Buffalo Hills Park 1891 Port Provence PI 13.17 4.07 17.24 Castaways Park 700 Dover Dr 15.05 0.00 15.05 Central Library 1000 Avocado 2.19 0.00 2.19 China Cove Ramp Ocean Blvd and Fernleaf 0.27 0.00 0.27 Coastal Peak Park 20403 East Coastal Peak 6,92 4.27 11.19 Eastbluff Park 2401 Vista Del Oro 10.22 1,46 11.68 Fire Station #4 124 Marine Ave 0.02 0.00 0.02 Fire Station #7 1971 Mesa Dr 2.11 0.00 2.11 Harbor View Nature San Miguel or, east of Pacific View Dr 10.09 0.00 10.09 Irvine Terrace 721 Evita or 4.97 2.74 7.71 Jasmine View -Harbor View Dr and Marguerite Ave 1.01 0.00 1.01 Lincoln Athletic Center -3101 Pacific View D 4.35 731 11.66 Lower Buck Gully 214 Glen Dr 2.12 0.00 2.12 Manning Tract 2001 W Newport Hills or 1.64 0.00 1.64 Mesa Birch Park 2081 Mesa Dr 0.85 0.00 0.85 Morning Canyon Park SurreyDrand Rockford Rd 0.56 0.00 0.56 Old School Park Dahlia Ave and Fourth Ave 0.82 0.00 0.82 Police Department/Fire Station #3 868-870 Santa Barbara Dr 2.90 0.00 2,90 San Joaquin Hills Park 1550 Crown Dr N 113 0.00 3.13 Pinnacle Landscape Company Page A-36 San Miguel Park San Miguel Dr and Spyglass Hill Rd 5.33 2.08 7.41 Spyglass Hill Park Spyglass Hill Rd and EI Capitan Dr 1.53 0.00 1.53 Spyglass Hill Reservoir 21 Muir Beach Cir 1.03 0.00 1.03 Sunset View Park Superior Ave, north of Coast Hwy W 1.11 0.00 1.11 TOTALS: 163.49 40.56 204.05 Pinnacle Eandscape Company Page A-37 TURFGRASS ONLY MAINTENANCE AND ACREAGE (APPENDEIX G) FACILITY --ADDRESS NOW SPORTS TURF SPORTS TURF TOTAL ACREAGE "A" Street Pump Station 815 E Bay Ave 0.01 0.00 0.01 38th Street Park 3600 Balboa Blvd q.22 0,00 O,22 -Bolsa Bolsa Ave and old Newport Blvd. 0.10 0,00 0,10 Channel Place 4400 Channel PI -3306­N'ewport 0.76 0.00 0.76 City Hall - Former Blvd 1.02 0.00 1.02 Cliff Drive 301 Riverside Ave 204 0.00 2.04 Corona Del Mar Library 420 Marigold 0.00 Corona Del Mar State Beach 3001 Ocean Blvd 1.18 0.00 1.18 Ensign View 2501 Cliff Dr 0.75 0.00 0.75 Fire Station #1/Balboa Library 100-110 Balboa Blvd E 018 0.00 0.28 Fire Station #2 475 32nd St 0.02 0,00 0,02 Fire Station #5 410 Marigold Ave 0,03 0.00 0.03 Fire Station #6 1348 Irvine Ave 0.05 0.00 0.05 Galaxy View Park 1398 Galaxy Dr 0.73 0.00 0.73 Grant Howard 3000 Fifth Ave -ii-oi-Kings 3.26 1.34 4,60 Kings Road Rd 0.13 0.00 0.13 L Street Park -[as 327 L St 0.41 0.00 0.41 Arenas Balboa Blvd W and 17th St 019 0.00 0.29 Lido Park Via Lido and Lafayette Ave 0.41 0.00 0,41 Mariners 1300 Irvine Ave 151 133 3.84 Newport Island Park 3809 Marcus Ave 0.13 0.00 0A3 Newport Pier Plaza 72 Newport Pier 0.15 0.00 0.15 Newport Shores 220 61st St 0.26 0.00 0.26 Ocean Blvd Bluffs Ocean Blvd from Bayview to Poppy Ave 1.24 0.00 1.24 Peninsula ASt Ocean Front E S 2.07 1.60 3.68 Veteran's Memorial 215 15th St 0.39 0.00 039 West Jetty 2300 Channel Rd 0.37 0.00 0.37 West Newport Community Center 883 15th St W 0,13 0.00 0.13 West Newport Park Seashore Dr and Prospect St 3.41 0.00 3.41 Westcliff Polaris Dr and Morning StarELn --0.79 0. 79 0.00 0.79 TOTALS: To] 19 23.19 4.28 27.47 Pinnacle Landscape Company Page A-38 IRVINE RANCH WATER DISTRICT LANDSCAPE IRRIGATION GUIDELINES (APPENDIX H) Irvine Ranch Water District Landscape Irrigation Guidelines Water used for irrigation will be supplied by the Irvine Ranch Water District (IRWD). It is the responsibility of the Contractor to understand the water usage rate tiers based on allocation and to periodically review the IRWD guidelines, as they are updated on a regular basis. Irvine Ranch Water District Landscape Irrigation Information http://www. irwd.com/customer-care/understand ing-your-blI I/landscape-irrigation- rates.html Landscape Irrigation Schedule of Rates and Charges http:/Iwww. irwd.com/assets/files/Financial%20 Files/RatesandCharges-Cu rrent. pdf Explanation of Bill http://www.irwd.com/assets/files/Customer%20Service/Your Bill Explained 7.12.pdf Meter and Allocation Log http://www.irwd.com/assets/files/Conservation/MeterAllocLogrl 1. pdf Using the Meter and Allocation Log http://Www.irwd.com/assets/files/Conservation/usinglog.odf Landscape Irrigation Adjustment Request Form Instructions for Completing Landscape Irrigation Adjustment Request Form hftp://www.irwd.com/assets/files/Conservation/INSTRUCTIONS.pdf Suggested Weekly Schedule for Spray -Head Irrigation http://www. irwd. com/alwayswatersmarUweekly-irrigation-schedule,html Pinnacle Landscape t t. '.t- A-39 REQUIRED REPORTS Daily o Daily email with site locations of crews and numbers assigned at each site. 6 Weekly o Weekly Maintenance Schedule, including approved extra work and chemical use schedules. o Weekly Master Valve/Flow Sensor inspection checklist. o Weekly Performance Report. o Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required). A weekly Irrigation Tracking Worksheet shall be submitted to the Project Administrator, specifying locations, controller numbers, date of inspection, and type of repairs made. • Monthly o Monthly Chemical Use Report (As sent to the County Agriculture Commission), daily as needed for certain applications. o Monthly Fertilizer Use Report. o Monthly maintenance inspection list for all sites, performed by the Contractor supervisor. o Required tailgate safety meeting records, include with Monthly Maintenance Report. o Monthly pest control inspection for all sites conducted by a Qualified Licensed Applicator. o Monthly maintenance report which includes Monthly Greenwaste Report. • Quarterly o Irrigation controller programming charts, submitted quarterly (January, April, July, October). Pinnacle Landscape Company Page A-40 • Annually o Annual Maintenance Schedule which includes: Organization chart, mow and trash schedules, once per year submittal. o Annual pesticide safety training records. o Annual Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets. Pinnacle Landscape Company Page A-41 SCHEDULE OF BILLING RATES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, and/or emergency repairs, the total compensation shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Unit prices listed below refer to all services and include all costs connected with such items; including but not limited to, materials, labor, overhead, insurances 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, unless otherwise agreed upon in writing by both Contractor and City. D. All work shall be performed in accordance with the specifications described in RFP 13-55. E. Plant installation unit prices shall include appropriate amounts of soil amendments and fertilizer tabs. Pinnacle « t .p s s. Page C Total annual cost of landscape maintenance of parks and facilities: $885,784, 00 (Eight Hundred Eighty Five Thousand Seven Hundred Eighty Four Dollars) "Cost shall include all labor, materials, equipment, insurances and any associated items related to the project as specified in the scope of work and the contents of this Request for Proposal. Total cost shall reflect the unit prices listed herein. Total annual contingency for additional work, CPI adjustments, emergency repairs: $259,296.00 (Two Hundred Fifty Nine Thousand Two Hundred Sixteen Dollars) Pinnacle Landscape Company Page B-2 FUNCTION COSTIUNIT OF MEASURE Function Cost Unit TURF Aerify $250.00 1,000 Square Feet Dethatch/Renovate $6,650.00 Acre Edge $6.00 1,000 Linear Feet Fertilize $4.00 1,000 Square Feet Gypsum Application at 25lbs $4.00 1,000 Square Feet Mow (Reel Blade) $8.00 1,000 Square Feet Mow (Rotary Blade) $6.00 1,000 Square Feet Topdress only $8.00 1,000 Square Feet HARDSCAPE Cleaning $12.00 1,000 Square Feet Powerwashing $10.00 1,000 Square Feet GROUNDCOVERS Fertilize $4.00 1,000 Square Feet PEST CONTROL General Weed Control Post Emergent $3.00 1,000 Square Feet Pre-Emergent/turf or planter $5.00 1,000 Square Feet Tree disease/insect foliar spray $3.00 Tree Tree disease/insect root injections $6.00 Tree SHRUB PRUNING/REMOVALS Pruning $10.00 10 Linear Feet Removals $12.00 10 Linear Feet Pinnacle Landscape Company Page B-3 FULL TREE PRUNING/REMOVALS Pruning $50.00 Tree Removals $85.00 Tree PLANTING 1 Gal. Shrub $8.50 Each 5 Gal. Shrub $25.00 Each 15 Gal. Shrub $100.00 Each 15 Gal. Tree $110.00 Each 24" Box Tree $275.00 Each 36" Box Tree $675.00 Each 64 Count Flat Groundcover $22.00 Flat 16 Count 4" Flat Annual Color $25.00 Flat Turf - Seed and Top Dress $22.00 1,000 Square Feet Turf - Sod $1250.00 sod only 1,000 Square Feet Hand -spread and rake in City Supplied seed $6.00 1,000 Square Feet LABOR Landscape Maintenance Supervisor $45.00 Hour Pest Control Applicator $60.00 Hour Irrigation Specialist $40.00 Hour Landscape Maintenance Leadworker $30.00 Hour Equipment Operator $40.00 Hour Landscape Maintenance Laborer $22.00 Hour Tree Trimmer $30.00 Hour EQUIPMENT Pinnacle Landscape Company Page B-4 1-Ton Truck $75.00 Day MULCHING 0-2" Mulch at 2" layer $25.00 1,000 Square Feet GREENWASTE Disposal/Recycling $25.00 Ton OVERALL Parks and Facilities Full Landscape Maintenance $6,534.00 Acre/Year Parks and Facilities Turfgrass Maintenance $6,534.00 Acre/Year Parks and Facilities Native Park Maintenance $5,227.00 Acre/Year Pinnacle Landscape Company Page B-5 LOCATION UNIT COSTS FULL LANDSCAPE MAINTENANCE FACILITY ADDRESS/LOCATION YEARLY COST Arroyo Park 114 Bayswater, Bison Ave. at Bayswater $34,140,00 Back Bay View Park Balboa Island Park 1900 Back Bay Dr, Jamboree and Coast Hwy 115 Agate Ave $30,936.00 $756.00 Balboa Yacht Basin 829 Harbor Island Drive $4,956.00 Bayside Drive Bayside Dr. between Carnation and Marguerite $10,296.00 Bayview Park Mesa Dr and Bay View Ave $6,048.00 Begonia Park Begonia Ave and First Ave $6,384.00 Bob Henry Park 900 Dover Dr, 16th Street and Dover Drive $22,476.00 Bonita Canyon Sports Park 1990 Ford Rd $152,244.00 Bonita Creek Park 3010 La Vida $58,812.00 Buck Gully & Fifth Poppy and Fifth $2,136.00 Buffalo Hills Park 1891 Port Provence PI $64,476.00 Castaways Park 700 Dover Dr $43,272.00 Central Library 1000 Avocado $6,300.00 China Cove Ramp Ocean Blvd and Fernleaf $780.00 Coastal Peak Park 20403 East Coastal Peak $47,808.00 Eastbluff Park 2401 Vista Del Oro $38,928.00 Fire Station #4 124 Marine Ave $60.00 Fire Station #7 1971 Mesa Dr $6,072.00 Harbor View Nature San Miguel Dr, east of Pacific View Dr $29,016.00 Irvine Terrace 721 Evita Dr $32,196.00 Jasmine View Harbor View Dr and Marguerite Ave $2,904,00 Lincoln Athletic Center 3101 Pacific View D _ $60,288,00 Lower Buck Gully 214 Glen Dr $6,096.00 Manning Tract 2001 bV Newport Hills Dr $4,716.00 Mesa Birch Park 2081 Mesa Dr $2,448.00 Morning Canyon Park Surrey Dr and Rockford Rd $1,620.00 O!d School Park Dahlia Ave and Fourth Ave $2,364.00 Police Department/Fire Station #3 868-870 Santa Barbara Dr $8,340.00 San Joaquin Hills Park 1550 Crown Dr N $9,000.00 San Miguel Park San Miguel Dr and Spyglass Hill Rd $29,920.00 Pinnacle Landscape Company Page L3-6 Spyglass Hill Park Spyglass Hill Rd and EI Capitan Dr $4,404.0 FULL LANDSCAPE MAINTENANCE (Continued) Spyglass Hill Reservoir 21 Muir Beach Cir $2,964.00 Sunset View Park Superior Ave, north of Coast Hwy W $3,192.00 Pinnacle Landscape Company Page B-7 LOCATION UNIT COSTS TURFGRASS ONLY MAINTENANCE FACILITY ADDRESS/LOCATION YEARLY COST "A" Street Pump Station v 815 E Bay Ave $60.00 38th Street Park 3600 Balboa Blvd $1,152.00 Bolsa Bolsa Ave and Old Newport Blvd $528.00 Channel Place 4400 Channel PI $3,984.00 City Hall - Former 3300 Newport Blvd $5,340.00 Cliff Drive 301 Riverside Ave $10,66800 Corona Del Mar Library 420 Marigold $372.00 Corona Del Mar State Beach 3001 Ocean Blvd $6,180.00 Ensign View 2501 Cliff Dr $3,924.00 Fire Station #1/Balboa Library 100-110 Balboa Blvd E $1,464.00 Fire Station #2 475 32nd St $108.00 Fire Station #5 410 Marigold Ave $16800 Fire Station 46 1348 Irvine Ave $264.00 Galaxy View Park 1398 Galaxy Dr $3,816.00 Grant Howard 3000 Fifth Ave $25,812.00 Kings Road 1801 Kings Rd _ $684,00 L Street Park 327 L St $2,148.00 Las Arenas Balboa Blvd W and 17th St $1,524.00 Lido Park Via Lido and Lafayette Ave $2,148.00 Mariners 1300 Irvine Ave $21,828.00 Newport Island Park 3809 Marcus Ave $684.00 Newport Pier Plaza 72 Newport Pier $792.00 Newport Shores 220 61st St $1,368.00 Ocean Blvd Bluffs Ocean Blvd from Bayview to Poppy Ave $6,492.00 Peninsula A St and Ocean Front E $21,288.00 Veteran's Memorial 215 15th St $2,040.00 West Jetty 2300 Channel Rd $1,944.00 West Newport Community Center 883 15th St W $684.00 West Newport Park Seashore Dr and Prospect St $17,83200 Westcliff Polaris Dr and Morning Star Ln $4,140.00 Pinnacle Landscape Company Page B-8 IWes110 INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Pinnacle Landscape Company Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Q. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $1,000,000 per loss and $1,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross - liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status, All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. Piinn�nacie E;�jscape Company Page C-2 F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's 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. Pinnacle Landscape Company Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 7/26/13 Dept./Contact Received From: Raymund Date Completed: 7/30113 Sent to: Raymund By: Chris/Renee Company/Person required to have certificate: Pinnacle Holdings Group, Inc. Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/13/13-7/13/14 A. INSURANCE COMPANY: lames River Insurance Co B. AM BEST RATING (A-: VII or greater): A -:1X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes [] No R PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G, ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not,apply to Waste Haulers) ® Yes ❑ No H, ADDITIONAL. INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be Included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by neg#lgence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: 0 N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVEIEXPIRATION DATE: 3/1/13-3/1/14 A. INSURANCE COMPANY: Nationwide Mutual Insurance Co B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes [] No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 N/A ® Yes ❑ No 111, WORKERG'CC)MPENS&TON EFFECTYE/EXP(RATK}NDATE: A. INSURANCE COMPANY: Companion Property & Casualt B. AW1BEST RATING (A~:VII orgneuter): \/DI C. ADMITTED Company (Must boCalifornia /\dmiKod): Yes [lNo D. WORKERS' COMPENSATION LIMIT: Statutory NYesFlNo E. LIABILITY LIMIT (Must be$1Murgreater) F. WAIVER OFSUBROGATION (To indude): |aKincluded? S. SIGNED VVORKERS'COMPEMSAT|ONEXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY V POLLUTION LIABILITY HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? 7/3o/II Agent nfA0an(insunanceServices Doh» Broker of record for the City of Newport Beach 1,000,000 ZM/A El Yes Fl No RISK MANAGEMENT APPROVAL REQUIRED Non -admitted carrier rated less than Self Insured Retention orDeductible greater than E] N/A ElYes UNo Reason for Risk Management e nn/walver: Approved: Risk Management Date AWRID. CERTIFICATE OF LIABILITY INSURANCE 7/2(4/20 )1 PRODUCER DAVID RISSE INSURANCE27C �t.E AGENCY, INC 3303 Harbor Blvd ANC Costa Mesa, CA 92626 (877) 501-3283 THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# _ INSURED Pinnacle Holdings Group, Inc. dba Pinnacle Landscape Co. 2200 S. Fairview Street Santa Ana, CA 92704 1(714)434-2533 INSURER A: ComPanionProperty& Casualty POLICY EFFECTIVE DATE MMIDD/YY INSURERS: James River Insurance Co _12157 12203 INSURERC: Scottsdale Insurance Co 41297 INSURER D: Nationwide Mutual Insurance Co INSURER e COVERAGES THE POLICIES OF INSURANCE USTEDBELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEROD INDICATED. NOTWI THSTAN TUO ANY REQUIREMENT, TERM OR CONGO ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR IDVL s TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE DATE MMIDD/YY POLIpY E%PIRATION DATE (MMIDDM' LIMITS _ GENERAL LIABILITY EACH OCCURRENCE $ lJ 000, 000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea eccurence) $ 50,000 MED EXP (Any oneInVson) $ Excluded CLAIMSMADE ox OCCUR PERSONAL &ADV INJURY $ 1,000,000 B X _ 00054086-0 7/13/13 7/13/14 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-COMPIOP AGO $ 000 RO- P01.4CY X /PECT LOC AUTOMOBILE VA91UTY COMBINED SINGLE LIMIT $ 1,000,000 j[ ANYAUTO B. accident} EODRYINJURY — $ ALLOWNED AUTOS SCHEDULED AUTOS (Perp ..) D HIRED AUTOS ACP 7805458640 03/01/13 03/01/14 BODILY INJURY X NON -OWNED AUTOS (PeraccK.0 $ PROPERTY DAMAGE IS (Per accld.nt) GARAGE LIABILITY AUTO ONLY - EAACC)DENT $ EAACC OTHER THAN THAN ANYAUTO $� AUTO ONLY: AGO EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR ❑ CLAIMSMADE AGGREGATE $ 5 000 040 XLS0083338 7/13/13 7/13/14 S C DEDUCTIBLE Excess Liability $ _ $ RETENTION $ WORKERS COMPENSATION AND X .TORY LIMITS ER EMPLOYERS' LIABILITY CPCA16926 03/01/13 03/01/14 E.L. EACH ACCIDENT $ 1L, 0QQ 000 ANY PROPRIEYOWPARTNERIEXECUTIVE .� A OFFIDERIMEM86A EXCLUDEOP E.L. DISEASE- EA EMPLOYEE $ Q ! Ifye'deswbaundar EL DISEASE POLICY LIMIT -L-1j. QQQ 000 SPECIAL PROVISIONS W. _ B oHER Pollution 00054086-0 7/13/13 7/13/14 1,000,000 Limit Incl. Pesticieds- $5k Ded. DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: General Liability: When required by written contract the certificate holder below is also additionally insured with primary & non-contributory wording. Waiver of subrogation also in favor of certificate holder. 30 Day Cancellation - Per contractual requirements there will be no cancellation or reduction of coverage without thirty(30)days prior written notice CERTIFICATE HOLDER CANCELLATION City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION. Municipal Operations Department DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN 100 Civic Center Drive NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL PO Box 1768 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Newport Beach, CA 9265857 REPRESE d52 AU R DEN ACORD25 (2001108) ©ACORD CORPORATION 1988 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS we pig 03131 (Ed, 4.84) We have the right to recover our payments from anyone ltabla for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement sheik not operate directly or indirectly to benefit anyone not named in the Schedule. City of Newport Beach Municipal Operations Department 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 This endorsement changes the polcy to which it is affached and is effective on the date issued unless otherwise stated. (The infomietton below b required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Insured Pinnae Holding Group, Inc, WC 00 0313 (Ed, 4.84) e19ae0Al0n91C0Wdl9 C&ft*ft *nerurenM EffeOtiye Policy No, CPCA16926 Premium: $100 Countersigned by Policy Number. ACP BA 78-0.5458640 COMMERCIAL. AUTO AC 24 048 05 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ME1111(olvi A swrlffiyefi 10 R2 K*j • 1111 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — BUSINESS AUTO CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 24 048 05 04 Page 1 of 1 COMMERCIAL AUTO AC 01 02 03 10 Pinnacle Holdings Group Inc Policy Number: ACP BA 78-0-5458640 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an accident, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in the LIABILITY COVERAGE SECTION of the Coverage Form AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 00054086-0 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ��� • • •' ! 1 l ! This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Where required by written contract or written agreement All operations of the named insured City of Newport Beach Municipal Operations Department 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 E7 POLICY NUMBER: 00054086-0 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � • I&A, 1 • • ^ Weis)^ A 01 10WIM901 JI '^ 1111111111111U41.01ril I• This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera- tions Where required by written contract or written agree- All operations of the named insured ment City of Newport Beach Municipal Operations Department 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11— Who Is An Insured is amended to include as an additional insured the person(s) or organize- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "produots-completed operations hazard". CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY. WAIVER OF SUBROGATION REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS The Company agrees to waive any right of recovery against any person or organization, as required by written contract, because of payments we make for injury or damage which is limited to liability directly caused by "your work" which is imputed to such person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. City of Newport Beach Municipal Operations Department 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 AP5004US 11-08 Page 1 of 1 POLICY NUMBER: 00054086-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Biel i_ This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS City of Newport Beach Municipal Operations Department 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy_ Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031US 04-10 Page 1 of 1 CNA 08/05/2013 2:98:39 PM PAGE 1/003 Fax Ser,ex EXHIBIT D CITY OF NEWPORT BEACH BOND NO, 80948070 FAITHFUL. PERFORMANCE BOND The premium charges on this Bond is $ 35, 391.36 being at the rate of $ 4°s X $imad of the annual Agreement price. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the terms and conditions of the Agreement. WHEREAS, the City of Newport Beach, State of California, has awarded to [Contractor Firm Name] hereinafter designated as the "Principal," a contract for the Janitorial Services, located at Parks & Facilitiesin the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we, the Principal, and Western Surety Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of " $884,784 Dollars and [00]/100 ($884,784 xxxxxxxx ) lawful money of the United States of America, said sum being equal to 100% of the estimated arnount of the annual Agreement price, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and all exhibits attached thereto and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perforin the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Click hone to extol text. Page E-1 CNA 08/05/2013 2:48:39 PM PAGE 2/003 Fax Server Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5 day of Augi�st, 20l 3. Pinnacle Landscape Company Name of Contractor (Principal) Western Surety Compal ...._......_--- Name of Surety P.O. Box 5077 Sioux Falls, SD. 57115 Address of Surety 714-389-8750 Telephone r r Authorized Agent David DeCourcy Attorney in Fact Print Name and Tltle NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Click herrn to Cantor text. Page E-2 CNA 08/05/2013 2:48:39 PM PAGE 3/003 coniv-CC I-) E.R111PIED COPY V, Cv1 PIC J)A; ;1 biv, "-C., I If, "tv-P I I 0,, If, sl- i,,, 'IC', A, I", .ilii, "", f+1"I f I tv Clol, __August.. I,r ..... C.... CP4.,C At""C' 1, ,7C I d"t t4Wul : It IN (Tu 1— 5 VITEST P SUR ;-4i-�9 Western Surety ally PONVEROFATTORINE'Y (7 80948070 Fax Server EC, � ARM ,c� Ill, �PCk It ir-C 'XHIITICC-�ff -4 Pli pit,, I C�, f,l S -i,, I'll .. .... tl DAV,1DjBECDURCY mil I, ,,III ., III, ljl� l"ll-,ol: Pinnacle Landscape Company .1ill I ..... City of Newport Beach gar,„M M $884,784.00 ! I � I 111, "111, ", , — , , " P'll, ,P ,, I" a C,I ll if •I, CC t P, - III , " I I " I I , , il� Ili � ., , *, PC,.! IIV it �1,4 t '14 1, ,I� f -.d 'Co ", t"', ..... . !C,C,C Ci�A ....... t i::„s Cc,c C,C,,!C I It � i,C I, ;I Aft,�,, , r :PCi, C I 1 .1 C, 'l, I , � 1,11 It I, I I I, apy... At, C l,ll, 4- PICH"'t, 1, i -v,. ...... CC, I ... 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ALL-PURPOSE CERTWICATE OF ACKNOWLEDGMENT State of California: County of D KIWI -4— On ' Y "f l� before me, �� I " -, / ��t—� + (Here insert name and title of the officer) personally appeared `P/+V t P Ve COLM UT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a/ subscribed to the within instrument and acknowledged to me that he/sie/tyy executed the same in his4r/tVir authorized capacity(ies), and that by his/h,Vr/th�k 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. JAE HWAN KIM WITNESS my ha and offici 1 seal.CoMM.# 1951213 �A NOTARY PUBLIC•CALIPORKIR ORANGE Coulnl MY comm. EXP. Oct 5, 2015 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800-873-9865 www.NotarvClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/gwy- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Ao Indicate title or type of attached document, number of pages and date. :• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document r_. State of California ) CALIFORNIA ALL-PURPOSE County of &)rQr-q_ — ) CERTIFICATE OF ACKNOWLEDGMENT On I I before me,' Q CM eckk , Mo I r Rb IC., n ^ (here insertAame and title of the office personally appeared rd&h who proved to me on the basis of satisfactory evidence to be the personk!f -whose nam /atesubscribed to the within instrument and acknowledged to me that��re/t#ey executed the same inN /hiEVthelr authorized capacityUes), and that b hi /their signature() on the instrument the persort�s , or the entity upon behalf of which the person 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. „ LRAL I. BE"" M. #1962887 WITNESS my hand an I seal. Publi Co alifornia o Ex 'res Dec 5 2015+ Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: LQ form(s) of identification Q credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2011 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. No. 3472 STATE OF CALIFORNIA SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Western Surety Company of Sioux Falls, South Dakota, organized ander the laws of South Dakota, subject to its Articles of Incorporation or other fitizdamental orgaiiizatioizal documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety and Liability as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements inade under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 21st day of March, 1975, I have hereunto set my hazel and caused my official seal to be affixed this 21st day of March, 1975. Fee $25.00 Wesley J. Kinder Insurance Commissioner Ree. No, 61589 Filed 10-4-74 By Wallace W. Scales Depmy Certification I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate ofAuthority with the duplicate of original now on file in my office, and that the same is a fill, true, and correct transcript thereof, and of the whole of said duplicate,, and said Certificate ofAuthority is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set nzy hand and caused my, official seal to be affixed this 30th day of.hdy, 2013. Dave Jones Insurance Commissioner Pauline D'Andrea Exhibit D Not Applicable Q �EVVPORT CITY OF O , k NE Wt 0 11. EACH City Council Staff Report Agenda Item No. 12 July 23, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Director 949-644-3055, mharmon@newportbeachca.gov PREPARED BY: Raymund Reyes, Management Assistant APPROVED: 0, Y✓� TITLE: Approval of an Agreement with Pinnacle Landscape Management, Inc., DBA Pinnacle Landscape Company for Landscape Maintenance of Parks and Facilities ABSTRACT: The City of Newport Beach maintains parks and facilities with a combination of contractors and City forces. A Request for Proposal (RFP) was issued to obtain new proposals for landscape maintenance of parks and facilities. Based on a combination of qualifications and costs, Pinnacle Landscape Management, Inc., DBA Pinnacle Landscape Company was selected as the highest rated firm. RECOMMENDATION: 1. Approve an agreement with Pinnacle Landscape Management, Inc., DBA Pinnacle Landscape Company, of Santa Ana for landscape maintenance of parks and facilities and authorize the Mayor and City Clerk to execute the agreement. 2. Approve Budget Amendment No. 14BA 005 appropriating $82,200 from General Fund unappropriated fund balance to the Contract Services — Parks and Facilities account (3170-80883). FUNDING REQUIREMENTS: The FY 2013-14 Parks Division budget contains $845,200 for the parks and facilities maintenance services. The requested Budget Amendment records and appropriates $82,200 in increased expenditure appropriations from 010-3605 in order to fund the additional cost of the contracted and as -needed services. Approval of an Agreement with Pinnacle Landscape Management, Inc., DBA Pinnacle Landscape Company for Landscape Maintenance of Parks and Facilities July 23, 2013 Page 2 DISCUSSION: Maintenance of the City's parks and facilities is provided by a combination of Municipal Operations Department staff and contractors. The current agreement for landscape maintenance will expire at the end of August, and earlier this year, staff began an RFP process to obtain new proposals for this service. RFP 13-55 was released on May 15, 2013, distributed to known local firms, and posted on the City's public website. A mandatory pre -proposal meeting was held in order to meet with interested contractors and clarify any questions or issues. A total of five (5) firms submitted proposals by the June 11, 2013 due date. The proposals were evaluated by staff on a combination of qualifications, experience and the proposed project costs. Following this evaluation, the top three (3) proposers were invited to an informal interview. As a result of this process, Pinnacle Landscape Company was chosen as the highest ranked firm to provide these maintenance services. Pinnacle Landscape Company has previously provided similar services for the Cities of Dana Point, Laguna Niguel and Palm Desert. Rank Proposer Total Score (Out of 100 Points) Proposed Annual Cost* 1 Pinnacle Landscape 88.50 $885,784.00 2 Merchants Landscape 88.14 $940,168.00 3 Trugreen Landscape 87.67 $952,140.00 4 Parkwood Landscape 77.89 $999,984.00 5 Complete Landscape Care 75.20 $1,020,000.00 *Proposed annual cost is for standard scheduled maintenance of existing parks and facilities, and does not include as -needed services, emergency repairs or additional work. Pinnacle's cost compares favorably with costs from the last time the City sought proposals. In 2008, the lowest responsive bidder quoted $852,000 for parks and facilities. That agreement included 199 acres of landscape maintenance and included a minimum of 18 workers in the City each day. The new agreement includes 231.5 acres of maintenance and requires a minimum of 22 contractor staff members dedicated to the contract each day. Approval of an Agreement with Pinnacle Landscape Management, Inc., DBA Pinnacle Landscape Company for Landscape Maintenance of Parks and Facilities July 23, 2013 Page 3 In the past 24 months, two Parks Division staff members retired and their positions were deleted. The fully burdened cost for these positions totaled over $170,000 per year. Consequently, two areas previously maintained by City staff (Lincoln Athletic Field and Harbor View Nature Park) were added to the scope of services and will now be maintained by the contractor. As new parks and facilities are completed, they will also be maintained by contract forces. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Director Attachments: A. Maintenance Services Agreement with Pinnacle Landscape Management, Inc. DBA Pinnacle Landscape Company for Landscape Maintenance of Parks and Facilities B. Budget Amendment No. 14BA 005 Attachment A Maintenance Services Agreement with Pinnacle Landscape Management, Inc. DBA Pinnacle Landscape Company for Landscape Maintenance of Parks and Facilities MAINTENANCE SERVICES AGREEMENT WITH PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES THIS MAINTENANCE SERVICES AGREEMENT ("Agreement') is made and entered into as of this 23rd day of July, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PINNACLE LANDSCAPE MANAGEMENT, a California corporation, doing business as ("DBA") PINNACLE LANDSCAPE COMPANY ("Contractor"), whose address is 2200 S. Fairview Street, Santa Ana, CA 92704, 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. City desires to engage Contractor to perform landscape maintenance services for City parks and facilities as further described in RFP 13-55 and herein as Exhibit A, all incorporated by reference ('Project'). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to, be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million One Hundred Forty Five Thousand Dollars 00/100 (1,145,000.00) per year, without prior written amendment to the Agreement, for a total not to exceed amount of Five Million Seven Hundred Twenty Five Dollars 00/100 ($5,725,000.00) for the term of the Agreement, subject to the annual adjustment in the rates in accordance with the Consumer Price Index, as described below in Section 4.2. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, Pinnacle Landscape Company Page 2 subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed 2.5% of the Billing Rates in effect immediately preceding such adjustment. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Jason Stewart to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Pinnacle Landscape Company Page 3 Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Parks and Trees Superintendent or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a Pinnacle Landscape Company Page 4 result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, 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, attorneys' 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 breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship 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, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 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 attorneys' 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 Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. Pinnacle Landscape Company Page 5 iTi�IOVDNN40914 IkkasTellk : a Htoi7 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. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 of the Work 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. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one Pinnacle Landscape Company Page 6 hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole Pinnacle Landscape Company Page 7 right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to. Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours.. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 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 any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 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 immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless Pinnacle Landscape Company Page 8 City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Parks and Trees Superintendent Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Jason Stewart Pinnacle Landscape Company 2200 S. Fairview Street Santa Ana, CA 92704 25. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written Pinnacle Landscape Company Page 9 notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSK) (29 USCA § 201, et seq.). 27.2 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 written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent Pinnacle Landscape Company Page 10 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 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. 28.7 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. 28.8 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. 28.9 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, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Pinnacle Landscape Company Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONTRACTOR: Pinnacle Landscape Management, Inc., a California corporation, DBA Pinnacle Landscape Company Date: By: By: Leilani I. Brown Jason Stewart City Clerk Chief Executive Officer Date: By: Caden Gebhard Secretary/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Pinnacle Landscape Company Page 12 EXHIBIT A SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES • INTENT o The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such site be kept in a healthy, weed -free, vigorous, and well -kept state at all times. • DESCRIPTION OF PROJECT o Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein and at the locations listed below, including, but not limited to, the following: ■ Weeding, cultivating and brush control, both mechanically and chemically ■ Turfgrass weed eradication and control, both mechanically and chemically • Turf, shrub, and tree fertilization • Shrub and groundcover trimming, pruning, and training • Minor pruning and staking of trees under twelve (12) feet in height • Irrigation programming, monitoring, maintenance, and repair ■ Water meter reading and water conservation • General rodent, pest, and disease control on landscape planting and turf • Mowing, verticutting, and aerifying • General litter control, refuse removal, and grounds policing • Plant replacement • Hardscape cleaning ■ Maintenance of sand and wood chip areas • Access roadway clearance and visibility maintenance • General drainage structure and system maintenance • Drinking fountain maintenance • Reporting vandalism, graffiti, or any safety concerns o It shall NOT be the Contractor's responsibility to maintain or repair: • Area lighting systems • Fencing ■ Gates • Any building located at the specified site Pinnacle Landscape Company Page A-1 • Graffiti ■ Vandalism • Signage • Damage resulting from vehicular accidents ■ Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules • Trees over twelve (12) feet in height • LOCATIONS i'FACIIUITY-. ADDkitsloocATIM Arroyo Park 114 Bayswater, Bison Ave. at Bayswater Back Bay View Park 1900 Back Bay Dr, Jamboree and Coast Hwy Balboa Island Park 115 Agate Ave Balboa Yacht Basin 829 Harbor Island Drive Bayside Drive Bayside Dr. between Carnation and Marguerite Bayview Park Mesa Dr and Bay View Ave Begonia Park Begonia Ave and First Ave Bob Henry Park 900 Dover Dr, 16th Street and Dover Drive Bonita Canyon Sports Park 1990 Ford Rd Bonita Creek Park 3010 La Vida Buck Gully & Fifth Poppy and Fifth Buffalo Hills Park 1891 Port Provence PI Castaways Park 700 Dover Dr Central Library 1000 Avocado China Cove Ramp Ocean Blvd and Fernleaf Coastal Peak Park 20403 East Coastal Pealk Eastbluff Park 2401 Vista Del Oro Fire Station #4 124 Marine Ave Fire Station #7 1971 Mesa Dr Harbor View Nature San Miguel Dr, east of Pacific View Dr Irvine Terrace 721 Evita Dr Jasmine View Harbor View Dr and Marguerite Ave Lincoln Athletic Center 3101 Pacific View D Lower Buck Gully 214 Glen Dr Manning Tract 2001 W Newport Hills Dr Mesa Birch Park 2081 Mesa Dr Pinnacle Landscape Company Page A-2 Morning Canyon Park Surrey Dr and Rockford Rd Old School Park Dahlia Ave and Fourth Ave Police Department/Fire Station #3 868-870 Santa Barbara Dr San Joaquin Hills Park 1550 Crown Dr N San Miguel Park San Miguel Dr and Spyglass Hill Rd Spyglass Hill Park Spyglass Hill Rd and EI Capitan Dr Spyglass Hill Reservoir 21 Muir Beach Cir Sunset View Park Superior Ave, north of Coast Hwy W "A" Street Pump Station 815 E Bay Ave 38th Street Park 3600 Balboa Blvd Bolsa Bolsa Ave and Old Newport Blvd Channel Place 4400 Channel PI City Hall - Former 3300 Newport Blvd Cliff Drive 301 Riverside Ave Corona Del Mar Library 420 Marigold Corona Del Mar State Beach 3001 Ocean Blvd Ensign View 2501 Cliff Dr Fire Station #1/Balboa Library 100-110 Balboa Blvd E Fire Station #2 475 32nd St Fire Station #5 410 Marigold Ave Fire Station #6 1348 Irvine Ave Galaxy View Park 1398 Galaxy Dr Grant Howard 3000 Fifth Ave Kings Road 1801 Kings Rd L Street Park 327 L St Las Arenas Balboa Blvd W and 17th St Lido Park Via Lido and Lafayette Ave Mariners 1300 Irvine Ave Newport Island Park 3809 Marcus Ave Newport Pier Plaza 72 Newport Pier Newport Shores 220 61st St Ocean Blvd Bluffs Ocean Blvd from Bayview to Poppy Ave Peninsula A St and Ocean Front E Veteran's Memorial 215 15th St West Jetty 2300 Channel Rd Pinnacle Landscape Company Page A-3 West Newport Community Center 883 15th St W West Newport Park Seashore Dr and Prospect St Westcliff Polaris Dr and Morning Star Ln • LEVEL OF MAINTENANCE o All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description and as further described in RFP 13-55. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. o If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. o The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. QUALITY OF WORK AND MATERIALS o All material and equipment furnished by the Contractor shall be new, high- grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the Project Administrator. All materials used shall be approved in advance by the Project Administrator. o The actual cost of all materials passed on to the City shall be wholesale cost of the material. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discounts available. Receipts shall be required for reimbursements. Pinnacle Landscape Company Page A-4 • At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. • Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. o The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: • Contractor shall conform to all City practices and procedures. • All City purchases will be for the sole expressed use of and for the City. • The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. • The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. MINIMUM STAFF REQUIREMENTS o At minimum, Contractor shall provide, in addition to one (1) full time Supervisor, twenty-one (21) full-time positions. The City reserves the right to increase minimum staffing based upon additional acres being added to the Contract. • WORKMANSHIP AND SUPERVISION o The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications expressed within the Scope of Services. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. o All hours shall be made up if there are absences to the Contractor's workforce (including sick days and vacations.) Where advanced notice is provided by the Contractor, the Contractor shall provide replacement staffing for those absent. Pinnacle Landscape Company Page A-5 • WORKING HOURS o Normal working hours shall be no more than ten (10) hours per day between the hours of 7:00 AM and 5:00 PM. Normal working days are Monday through Friday. Unless otherwise specified in the Scope of Work, no Saturday or Sunday work other than litter control and refuse collection is to be scheduled without prior written 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. o For the purposes of the Scope of Work, the following Holidays shall be acceptable. Any additional holidays requested shall be done so in advance and approved in writing by the City. • Memorial Day • Independence Day (4th of July) • Labor Day • Thanksgiving Day ■ Christmas Day • New Years Day SUPERVISION OF CONTRACT o All work shall meet with the approval of the Project Administrator. There shall be a minimum of a weekly meeting with the Contractor and the Project Administrator to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first day of said month. The supervisor of this contract shall be available to meet with the Project Administrator daily during working hours, as necessary. o Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. • SPECIFICATIONS o 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. Pinnacle Landscape Company Page A-6 • PROVISIONS FOR EXTRAS o 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 in writing 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. • STREET CLOSURES, DETOURS, BARRICADES o Warning signs, lights, and devices shall be installed and displayed in conformity with the current edition of the "California Manual on Uniform Traffic Control Devices" (http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/) for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. o 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. o Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. DISPOSAL o All landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. • RECORDS o The Contractor shall keep accurate records concerning all of his/her employees or agents. The Contractor shall provide this information in an organizational chart as changes in staffing occur. o The Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Project Pinnacle Landscape Company Page A-7 Administrator. This report should also contain a description, including staff -hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract and which has been approved by the City in accordance with the Agreement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved in writing by the City in accordance with the Agreement. o 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 Project Administrator. This maintenance calendar shall clearly indicate all of the 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 Project Administrator for approval prior to the date the changes are to take effect. c The Contractor shall permit the City to inspect and audit its books and records regarding City -provided services during regular business hours. • EMERGENCY SERVICES o The Contractor will provide the City with names, email addresses, and telephone numbers of at least two (2) 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. These Contractor representatives shall respond to said emergency within thirty (30) minutes of receiving notification. SPECIALTY OPERATIONS o 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: reel -mowing of athletic fields, 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 in Appendix A: Minimum Staff Requirements. • LANDSCAPE LICENSE o In addition to any and all relevant City, State and Federal permits and licenses required in the Agreement, the Contractor shall hold a valid and Pinnacle Landscape Company Page A-8 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 within one (1) calendar day after effective date of the contract, and any changes forwarded within twenty-four (24) hours of said change. A licensed pest control operator with a qualified application license must be provided to apply all restricted chemical materials. • CONTRACTOR'S OFFICE o Contractor is required to maintain an office within a thirty (30) minute response time of the City and provide the office with telephone and data service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by mobile device. o Unless otherwise specified by the Project Administrator, there will be no on-site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a storage facility. SCHEDULES o 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. ■ The Contractor shall complete the schedule for each park and facility 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. • The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. o Weekly Schedule • 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. Pinnacle Landscape Company Page A-9 • The Contractor shall complete the schedule for each item of work and each area of work. • The initial schedule shall be submitted within seven (7) calendar days after 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 beginning the following Monday. • Changes to the schedule shall be received by the Project Administrator at least twenty-four (24) hours prior to the scheduled time for the work. • Failure to notify of a change and/or failure to perform an item of work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. • The Contractor shall adjust his/her schedule to compensate for all holidays and inclement weather days. Maintenance and litter removal shall be scheduled for all holidays and inclement weather days, unless otherwise indicated by the City. o Daily Schedule • Daily schedule shall be emailed to the Project Administrator before 8:00 AM each workday. It shall list site locations of crews and numbers assigned at each site. Changes to daily schedule can be made verbally or by email to the Project Administrator. o 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. PERFORMANCE DURING INCLEMENT WEATHER o 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. Pinnacle Landscape Company Page A-10 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. The Contractor shall immediately notify the Project Administrator prior to removing the work force from the job site for agreement on degree of inclement weather or other reasons. If the Project Administrator cannot be reached, the Contractor shall notify the Parks Maintenance Supervisor. • UNDERGROUND EXCAVATIONS o The 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 Project Administrator and Underground Service Alert (www.digalert.org) (1-800-227-2600) forty-eight (48) hours before commencing any excavation, to locate underground service lines. • PESTICIDES o The City shall maintain all documents that pertain to the use of pesticides on its property. o Contractor shall provide the Project Administrator with all of the following in paper and electronic format: • A copy of Contractor's Orange County Agricultural Commissioner's "Restricted Materials Permit/Operator I.D. numbers". A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. Recommendation shall include a label and Material Safety Data Sheet for the pesticide proposed. Each complete set of recommendations shall be submitted in a binder (provide two (2) bound copies). A "Pesticide Use Daily Record" for any site that a pesticide was used, within twenty-four (24) hours of application. Total amounts of pesticides applied shall be submitted weekly. A weekly schedule indicating locations to be treated. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials", must be submitted twenty-four (24) hours before application. Pinnacle Landscape Company Page A-11 An annual proposed pesticide list including the Environmental Protection Agency numbers and caution level of all the pesticides Contractor intends to use for this contract, before any such use. o A full-time Pest Control Operator will be assigned to the contract to apply all pesticides with a State of California Qualified Applicators License. The pest control operator shall be provided a complete spray rig with a minimum one -hundred (100) gallon tank. The cost of all pesticides will be borne by the Contractor. o The Contractor shall not use any pesticide that has not been authorized by the Project Administrator in writing. Pinnacle Landscape Company . Page A-12 TECHNICAL MAINTENANCE SPECIFICATIONS • GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS o Perform all maintenance functions in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the Appendix C: 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. o Conduct all operations so as to provide maximum safety for the public and minimize disruption of the public use of City parks and facilities. o Keep all gutters, curbs, and walks adjacent to contract areas free of leaves, weeds, trash, and other debris. o Keep sidewalks free of algae where constant runoff occurs. o Remove leaves, weeds, trash, and other debris from landscaped areas and disposed of off-site. o Clean sidewalks, roadways, and any other areas littered or soiled by Contractor maintenance operations. o Maintain the premises free of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his/her 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 for the disposal of debris collected by the Contractor. o Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. o Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. o Notify the City immediately of any unusual and hazardous conditions at the work site. o Notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of City facilities. Pinnacle Landscape Company Page A-13 o Provide control measures for all insects, other like pests, and diseases. Any control measures should be approved first by the Project Administrator 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. o Remove all animal feces or other materials detrimental to human health from park areas and properly dispose immediately. o Remove all broken glass and sharp objects and properly dispose immediately. o Inspect all areas, benches, picnic tables, and associated park amenities daily, and maintain in a neat, clean and safe condition at all times. o Inspect all play and sports equipment for vandalism, safety hazards and serviceability. Deficiencies shall be reported in writing immediately to the City. o Clean all sand and wood chip areas abutting maintained areas when dirtied by Contractor's operations and at other times as required. o Empty trash cans provided by the City daily, and wash after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. o Keep all concrete "V" drains, to include the portion under the sidewalk, of vegetation, debris, and algae to allow unrestricted water flow. o Clean all other drainage facilities 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. o Empty all barbecue grills of ashes and debris. • SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS o Drainage Facilities • All drainage structures shall be checked and cleaned to insure consistent unrestricted water flow. • Any damage to structures shall be noted immediately to the Project Administrator. Pinnacle Landscape Company Page A-14 ■ Failure to properly maintain drainage systems or to notify the Project Administrator of damaged systems will result in the Contractor assuming full responsibility for the repair of drainage damage to the facility. o 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 as he/she may cause damage to these items. ■ 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. • 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. • Contractor shall turn off irrigation systems during rains. ■ All replacements to be made with original type material or as directed. • Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. ■ Material substitutions shall be approved by the Project Administrator. ■ Necessary irrigation repairs shall be made prior to the next scheduled irrigation cycle. All repairs shall be made in accordance with City standard irrigation specifications stated in Appendix E: Standard Materials. ■ Irrigation programming charts will be included in monthly reports in January, April, July and October. • Areas shall only be irrigated between 11:00 PM and 6:00 AM. Pinnacle Landscape Company Page A-15 ■ Contractor will maintain moisture sensors at all sites . ■ Contractor will maintain master valve and flow sensors at each site. Master valves will be tested weekly and repaired as required. • Irrigation replacement materials (old parts), such as, but not limited to: irrigation valves, UNIK controllers, steam rotors, Solenoids, Add - A -Zones and Diaphragm repair kits shall be provided to the Project Administrator for verification. • City shall reimburse Contractor for the actual cost, plus fifteen percent (15%) of all irrigation materials installed by the Contractor in the performance of Services. Actual costs 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 the commencement of the 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 the Agreement. ■ The City reserves the right to purchase materials or parts and make them available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and/or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. • Contractor shall adopt reasonable methods during the duration 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 the City's sole negligence or willful misconduct. ■ Contractor shall advise the City's Project Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. • 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. Pinnacle Landscape Company Page A-16 • Contractor shall repair damaged irrigation pipes, controllers and valves only after the City's Project Administrator has approved a written estimate of the cost of repair. ■ Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the irrigation systems. • 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. However, the Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as needed. A weekly Irrigation Tracking Worksheet shall be submitted to the City inspector, specifying locations, controller numbers, date of inspection, and type of repairs made. • Contractor shall not charge labor for any irrigation repairs, unless it is pre -approved by the City for emergency repairs on overtime. • WATER CONSERVATION o Contractor shall appoint a staff member to act as the Water Manager. The Water Manager shall have the following abilities and shall meet the following requirements: • Abilities • Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and monthly water allocations stated in Appendix H: Irvine Ranch Water District Landscape Irrigation Guidelines. • Maintain a healthy landscape. • Calculate evapotranspiration (ET) rates to gallons per minute (GPM). • Maintain all parks and landscape in a usable condition (no flooding due to over -irrigation). • Troubleshoot and diagnose irrigation systems issues, and recommend or take corrective action. • Requirements • Program all controllers according to the IRWD allocation. Pinnacle Landscape Company Page A-17 • Notify the Contractor or City Representative of all required repairs. • Meet the IRWD monthly water allocations for each meter on all streetscape and park applications. The Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. • DAMAGES FOR WATER MANAGEMENT o Should the Contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the Contractor's monthly billing. o Deduction shall exclude all approved appeals such as mainline and control valve failures. o The Project Administrator 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. The Contractor shall copy Project Administrator on all such appeals, include all meter readings, allocation calculations and proof of repairs. ■ Over -allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. TURF MAINTENANCE c All turf is to be mowed once per week. o Frequency of mowing shall be scheduled so that no more than one-third (1/3) of the height of the grass plant is removed per mowing. o Borders shall be edged at each mowing with a gas -powered walk -behind edger. o Clippings shall be collected and removed unless otherwise directed by the City. o Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted. Pinnacle Landscape Company Page A-18 o Chemically kill turf around trees, as needed, a maximum of six (6) inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A two (2) inch layer of bark mulch (approved by City) shall be maintained in this area at all times. o Mechanically trim around vaults, posts, and other similar features. o Mowing equipment shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. o Pickup all litter prior to mowing. o On all baseball infields, edging shall be performed using a string line and shall use the base paths as a guide. o Mow turf to the following heights: • Warm season turf grass: one-half (1/2) to one and one-quarter (1 /4) inches. • Bermuda Grass: one-half (1/2) to three-quarter (3/4) inches. • Cool season turf including Bluegrass, Perennial Rye, Fescues: one and one-half (1 ''/2) inches to two and one-half (2'/2) inches. • Kikuya and St. Augustine turf: one and one-quarter (1 '/4) inches to one and three-quarter (1 3/) inches. o Mow all athletic fields using a reel -type mower, unless otherwise directed by the City. Mowing shall be scheduled to occur only on Wednesdays or Thursdays and shall not conflict with public use/sport group activities. o Vertical mowing of warm season grasses shall be done once per year in March to allow for sufficient time for turf regeneration. o Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. o Cool season grasses shall be renovated to remove thatch as directed. o All turf shall be fertilized four 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: ■ January: 16-6-8 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. Pinnacle Landscape Company Page A-19 • April: 22-3-9 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. ■ July: 21-3-5 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. • October: 16-6-8 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. • 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. • The Contractor shall perform a soil fertility analysis at individual parks (up to 10) as directed by the City in the month of December and review the analysis with the Project Administrator in the month of January. ■ All materials must be approved by the Project Administrator. Quantities used must be submitted to the Project Administrator on the Monthly Fertilizer Use Report. o Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. • Turf areas must be maintained in a weed -free basis. ■ Chemical control of broadleaf weeds shall be initiated as needed on all turf. ■ The pest control operator shall post all areas to be treated per label requirements and be present on treated sites until chemicals have dried. o 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). Aerate all athletic fields six (6) times per year in the months of: December, February, April, June, August and October. o Aerate all turf with a mechanical aerator set with one-half (1/2) inch core spoons at not more than six (6) inch spacing and a minimum depth of four (4) inches. • Remove and dispose all cores. Pinnacle Landscape Company Page A-20 ■ Contractor is responsible for locating and marking all sprinkler components. ■ Topdress two times per year with approved topdress material (for sports fields only, immediately following December and June aerations). For these aerations, Contractor shall use a twelve (12) inch deep tine aerator. • Apply City approved, contractor supplied, perennial rye seed mix twice per year, at ten (10) pounds per 1,000 square feet. Contractor shall apply seed when topdressing takes place. • Apply Gypsum at twenty-five (25) pounds per 1,000 square feet to select turf areas (up to ten (10) athletic fields) one time per year as conditions dictate. ■ Contractor is responsible for damages due to aeration operations. o Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. • Irrigation must be scheduled to avoid either under -watering or over - watering. • Manually water where necessary. • Check operation of entire irrigation system at each site weekly, or more often when conditions warrant, to insure proper operation of irrigation system. o Control all rodent pests as necessary to provide a healthy and safe environment for turf and public. o Visually inspect all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs. Correct as necessary. o Scheduling of mowing and turf care maintenance times will be approved by the City. Use by the public will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. • GROUNDCOVER MAINTENANCE o All groundcover areas shall be maintained in a trimmed, weed -free condition. Pinnacle Landscape Company Page A-21 o Weeds shall be removed as they appear. No hoeing or scuffling is allowed. A pre -emergent herbicide shall be applied in all shrub and groundcover beds twice per year, once in April and once in September. o Morning glory and grass infestations shall be treated immediately when observed. o Groundcover areas shall be fertilized twice per year, once in March and once in October with JTM complete (8-2-4) fertilizer at 15 pounds per 1000 square feet for the first two (2) applications, then 10 pounds per 1000 square feet thereafter. Substitutions may be considered at the City's sole discretion. o 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. o Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. o Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. o Bare groundcover areas shall be kept cultivated and raked of all debris. o Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure a layer of mulch at least two (2) inches thick all times. • SHRUB, VINE AND TREE MAINTENANCE o Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. o Quarterly trim all shrubs to maintain the size and shape specified by the Project Administrator. o Pruning shall be accomplished to maintain a natural appearance; decorative, poodle cuts, or other unnatural pruning will not be permitted. Beveled edges/no hard edges will be permitted. o Control pests as required, including snails and insects. o Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. Pinnacle Landscape Company Page A-22 o Areas shall be fertilized twice per year, once in April and once in September with JTM complete fertilizer at 15 pounds per 1000 square feet for the first two (2) applications, then 10 pounds per 1000 square feet thereafter. Substitutions may be considered at the City's sole discretion. o 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. o Irrigate as required to maintain adequate growth and appearance. Manually water or water track where necessary. o Careful attention not to prune or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, morea, fountain grasses and other similar plants shall be removed immediately after blooming or as directed by City. o All bare shrub bed areas shall be raked weekly to remove all litter and other debris. o 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. o Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. o Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure a layer of mulch at least two (2) inches thick all times. o All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. o Weeds shall be removed as they appear. A pre -emergent herbicide shall be used twice per year where appropriate around shrubs, vines and trees, and as approved by the City. o The Contractor is responsible for trimming all trees up to twelve (12) feet in height. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. • Remove all suckers from base of trees as they develop throughout the year. Pinnacle Landscape Company Page A-23 • Stake and support trees as necessary. Staking and guying shall be as directed by the City. Staking materials shall be supplied at the Contractor's expense. ■ All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. • Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. • Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Parks & Trees Superintendent if any of the above conditions exists. • 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 & Trees Superintendent. ■ Water as required to maintain proper and vigorous growth according to variety. Manual water where necessary. ■ Tree wells shall be maintained with two (2) inch thick layer of bark mulch at Contractor's expense, unless groundcover is present. Weeds shall be removed, including their roots, before they reach three (3) inches in height. ■ All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. ■ All palms shall be fertilized with Palm Plus fertilizer once in March, once in June and once in October. o 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. o 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. Pinnacle Landscape Company Page A-24 HARDSCAPE MAINTENANCE o 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. ■ All expansion joints and cracks are to be maintained free of weeds. • Dirt, litter, and other debris must be removed on a weekly basis. ■ Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks & Trees Superintendent. o 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. f GENERAL GROUNDS POLICING o The Contractor shall provide general grounds policing and inspection five (5) days per week, except general grounds policing and inspection will be six (6) days per week from Memorial Day through Labor Day, including holidays. o Remove all litter and other debris from sites. o 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. o Provide safety and facility inspections and immediately report any deficiencies to the Project Administrator. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: • Light standards and fixtures • Walls, fences, gates, park benches, gazebos ■ Signage • Graffiti Pinnacle Landscape Company Page A-25 o All areas, benches, picnic tables, and associated park amenities shall be inspected and cleaned. Contractor shall use a wet rag to wipe these down as needed. o These areas shall include tot lots, play areas, volleyball courts, etc. o All sand and wood chip areas shall be cleaned and raked level, five (5) days per week, and six (6) days per week from Memorial Day through Labor Day, including holidays. o All areas shall be maintained weed -free. o During the first week in April, June, August, October, December and February, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. o Sand and/or wood chips shall be replenished as necessary to maintain optimum level in each area, and final level shall be determined by the City for each area. Replacement sand shall be at least equivalent to washed plaster sand and approved by the City (standard designation of rock product suppliers to denote a type and cleanliness of sand). All additional sand or wood chips that are added shall be at the Contractor's expense. • SPECIALTY/SPORTS AREAS o These areas shall include tennis courts, handball courts, basketball courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt, and concrete and decomposed granite walkways. o All areas shall be inspected five (5) days per week, and six (6) days per week from Memorial Day through Labor Day including holidays. o All areas shall be maintained in a neat, clean and safe condition at all times. Areas shall be swept and/or raked and debris disposed of off-site in order to remove all deposits of silt, sand, glass, paper, leaves and other debris. o All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. o All broken glass and sharp objects shall be removed immediately. Pinnacle Landscape Company Page A-26 o On Monday and Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. o All hard surface areas shall be inspected 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. o 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. • DRINKING FOUNTAINS o Inspect, clean, and adjust five (5) days per week. o Report any deficiencies to the City immediately in writing. • NATIVE AND DROUGHT TOLERANT PARK MAINTENANCE o Locations: • Back Bay View Park, Castaways Park, Morning Canyon, Bonita Canyon Sports Park, Coastal Peak Park, Upper and Lower Buck Gully, and Mesa Birch Park o These requirements are in addition to all of the preceding Technical Maintenance Specifications: • 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. • The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non-native weed species will be allowed. • 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. • All weeds will be removed manually before they can attain a height of six (6) inches or produce seeds, whichever comes first. • 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 the same day's maintenance. Pinnacle Landscape Company Page A-27 • For Morning Canyon Park and Buck Gully, leaf and branch drop and organic debris from native species shall be left in place. • For California Meadow Sedge areas at Castaways Park follow Turf Maintenance Specifications, unless otherwise directed by City. Wash mower, weed whip or other equipment thoroughly prior to each mow at Castaways Park. Apply two (2) inch layer of mulch to walkways at Castaways Park and Back Bay View Park twice per year. Hand -pull all weeds in California Meadow Sedge areas prior to each mow; no chemical eradication will be permitted. • Hand water trees without bubblers as needed at Castaways Park, Morning Canyon Park and Buck Gully. Monitor excessive summer irrigation to Oak trees at Castaways Park, especially those situated in California Meadow Sedge areas. • Where applicable, inspect rabbit fencing once per week. At several times during the year, especially during the rainy season (November — May), the Contractor will have to make sure there is sufficient staff to accommodate manual removal of all weeds throughout the sites. If the Contractor fails to increase staff to accommodate timely weed removal, per specifications, the City may hire an outside Contractor to assist in weed removal and deduct these fees from the Contractor's monthly maintenance i Pinnacle Landscape Company Page A-28 MINIMUM STAFF REQUIREMENTS (APPENDIX A) Position # of Employees Work Performed Required Location(s) Vehicle(s) Supervisor 1 Pickup Truck or All sites equal Irrigation Technician 3 Irrigation Three (3) fully All sites EXCEPT maintenance stocked trucks Bonita Canyon with irrigation Sports Park controller remotes for Rainmaster Irrigation Technician 1 Irrigation One (1) fully Bonita Canyon maintenance stocked truck with Sports Park irrigation controller remote for Rainmaster Mow Crew Driver 1 Mowing/turf maintenance One (1) crew cab truck All sites Mow Crew Laborers 4 Leadworker 2 Two (2) crew cab trucks Detailed Maintenance 4 Various Sites Worker Detailed Back Bay View Park, Detailed Maintenance Maintenance Castaways Park, Worker 2 Morning Canyon, Mesa Birch Park, and Buck Gully Detailed Maintenance 2 One (1) truck or Bonita Canyon Worker utility vehicle Sports Park Driver 1 General litter One (1) One -ton All Contract sites control, refuse stake bed truck removal, and grounds policing Pest Control 1 Pest control One (1) fully- All Contract sites Operator operations stocked spray truck with a minimum 100 gallon tank Pinnacle Landscape Company Page A-29 LANDSCAPE MAINTENANCE AREA MAPS (APPENDIX B) To view and/or download Appendix B of the RFP, the Landscape Maintenance Area Maps, please visit: https://www5.newportbeachca.gov/osuppIier/bid current.asp?path=/RFP 13-55 - Landscape Maintenance Services File Name: Landscape Maintenance Area Maps.pdf For interactive maps, please go so: http://qis.newportbeachca.gov/gispub/TurfMaintenance/default.aspx Pinnacle Landscape Company Page A-30 MAINTENANCE FREQUENCY SCHEDULE (APPENDIX C) FUNCTION IFREQUENCY Irrigation Maintenance Operational Inspection Weekly Program Irrigation Controllers Weekly Test Master Valves Weekly Turf Maintenance Visual Inspection Weekly Mowing Weekly Clipping Removal At each mowing Edging At each mowing, As needed for Sports Fields Trimming At each mowing Fertilize Four times/year Aerate Twice/year, six times/year for Sports Fields Topdress Application with approved perennial rye seed Twice/year for Sports Fields Vertical Mow Once/year Thatch Removal Once/year Gypsum Application Once/year for select turf sites Pest and Weed Control As needed Groundcover Maintenance Visual Inspection Weekly Trim Monthly Fertilize Twice/year Pre -emergent Application Twice/year Pest and Weed control As needed Shrub, Vine, and Tree Maintenance Visual Inspection Weekly Rake Weekly Restake/Check Each site visit/every two weeks min. Trim Four times/year Fertilize Twice/year - Once/year for trees —three/year for palm trees Hardscape Maintenance Five days/ week, Six days/ week Memorial Day through Labor Day Pinnacle Landscape Company Page A-31 Grounds Policing (Including Sand/Wood Chip Areas, Specialty/Sports Areas, and Park Amenities) Visual Inspection Five days/ week, Six days/ week Memorial Day through Labor Day Litter Removal Five days/ week, Six days/ week Memorial Day through Labor Day SandNVood Chip Area Maintenance Rototill Sand Six times/year Replenish As needed Specialty/Sports Area Maintenance Sweep or Water Flush Twice/week Five days/ week, Six days/ week Memorial Day through Labor Replenish Day Drinking Fountain Maintenance Inspect Five/week Clean Five/week Adjust Five/week Site Inspection Five days/ week, Six days/ week Memorial Day through Labor Day Pinnacle Landscape Company Page A-32 MANDATORY MOWING SCHEDULE (APPENDIX D) Before 9:00 AM Before 10:00 AM After 1:00 PM After 1:30 PM 38th St. Park Las Arenas Park Buffalo Hills Park Sports Fields Lincoln Athletic Center Newport Pier Plaza Peninsula Park OASIS Senior Center (Wednesdays Only) West Jetty View State Beach West Newport Park Ocean Blvd. Bluffs Ensign View Park All Libraries Irvine Terrace Park All Fire Stations Balboa Island Park All Play Areas San Joaquin Hills Park San Miguel Park Begonia Park Pinnacle Landscape Company Page A-33 STANDARD MATERIALS (APPENDIX E) All materials 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 the Project Administrator. TURF FERTILIZERS, ETC. o All commercial fertilizers must be homogenous. o All organic fertilizers must have lowest salinity rate possible. o No steer or chicken manure is allowed. o All fertilizers, planting medium, humus material, etc. must be City approved. PLANTING o All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and groundcovers must be approved by the Project Administrator before planting. o All shrubs and trees shall be planted with approved soil amendment. o All trees shall be planted with root barriers, tree stakes, and ties. o Hand -spread and rake in City Supplied seed in Native Park areas. • PESTICIDES o Roundup or equivalent o Snapshot or equivalent o Talstar or equivalent o Merit or equivalent o 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. Standard Irrigation Materials List: HEADS o Toro 570Z-PRX-COM with Precision Series Spray Nozzle (small turf areas) o Rain Bird 3500 (small / medium turf areas) Pinnacle Landscape Company Page A-34 o Rain Bird 5000 (medium turf areas) o Toro TR50XT (medium/large turf) o Toro TR70XTP or Toro 2001 (large turf areas) o Toro 570-PRXCOM with Precision Series Rotatin Nozzle (slopes & groundcover areas) o Rainbird RWS Series (tree wells) CONTROLLER o Rain Master Evolution DX2 irrigation controller with flow, radio & antenna • DRIP AND SPECIALIZED LOW-VOLUME IRRIGATION o Rain Bird Xerigation o Jardinier Surface Flow Irrigation o Toro Precision Series Rotating Nozzle • BATTERY -POWERED IRRIGATION o Toro DDCWP Battery -Powered Controller MISCELLANEOUS o Febco 825Y RP Backflow Device o Spears # DS -100 Dri-Splice Connectors with crimp sleeves o Spears # DS -300 Dri-Splice Sealant o Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover o Griswold DW Series Valve (Control Valve) o Griswold DW Series Valve with DC latching solenoid (use with battery powered controller) o Griswold 2160 Solenoid Valve (Normally Open Master Valve) o Griswold 2000 Solenoid Valve (Normally Closed Master Valve) o Matco 754 Series Full Port Ball Valve o Schedule 40 PVC Lateral Pipes o Class 315 Main Supply Pipe (2" and larger) o Schedule 40 PVC Main Supply Pipe (1-1/2" and smaller) o Rectangle Valve Box -Plastic -18"L x 12"W x 12"D o Round Valve Box -Plastic -10" o Control Wire- U. F. 600 -Volt Direct Burial Copper with PVC Insulation. o Rain Master EVFM Flow Sensor Pinnacle Landscape Company Page A-35 FULL LANDSCAPE MAINTENANCE LOCATIONS & ACREAGE FULL LANDSCAPE MAINTENANCE LOCATIONS AND ACREAGE (APPENDIX F) FACILITY ADDRESS NOW SPORTS TURF SPORTS TURF TOTALACREAGE Arroyo Park 114 Bayswater, Bison Ave. at Bayswater 5.46 2.82 8.28 Back Bay View Park 1900 Back Bay Dr, Jamboree and Coast Hwy 10.76 0.00 10.76 Balboa Island Park 115 Agate Ave 0.26 0.00 0.26 Balboa Yacht Basin 829 Harbor Island Drive 1.72 10.00 1.72 Bayside Drive Bayside Dr. between Carnation and Marguerite 3.58 0.00 3.58 Bayview Park Mesa Dr and Bay View Ave 2.10 0.00 2.10 Begonia Park Begonia Ave and First Ave 2.22 0.00 2.22 Bob Henry Park 900 Dover Dr, 16th Street and Dover Drive 3.31 1.98 5.29 Bonita Canyon Sports Park 1990 Ford Rd 34.43 8.15 42.58 Bonita Creek Park 3010 La Vida 7.52 5.69 13.21 Buck Gully & Fifth Poppy and Fifth 0.74 0.00 0.74 Buffalo Hills Park 1891 Port Provence PI 13.17 4.07 17.24 Castaways Park 700 Dover Dr 15.05 j 0.00 15.05 Central Library 1000 Avocado 2.19 0.00 2.19 China Cove Ramp Ocean Blvd and Fernleaf 0.27 0.00 0.27 Coastal Peal< Park 20403 East Coastal Peak 6.92 4.27 11.19 Eastbluff Park 2401 Vista Del Oro 10.22 1.46 11.68 Fire Station #4 124 Marine Ave 0.02 0.00 0.02 Fire Station #7 1971 Mesa Dr 2.11 0.00 2.11 Harbor View Nature San Miguel Dr, east of Pacific View Dr 10.09 0.00 10.09 Irvine Terrace 721 Evita Dr 4.97 2.74 7.71 Jasmine View Harbor View Dr and Marguerite Ave 1.01 0.00 1.01 Lincoln Athletic Center 3101 Pacific View D 4.35 7.31 11.66 Lower Buck Gully 214 Glen Dr 2.12 0.00 2.12 Manning Tract 2001 W Newport Hills Dr 1.64 0.00 1.64 Mesa Birch Park 2081 Mesa Dr 0.85 0.00 0.85 Morning Canyon Park Surrey Dr and Rockford Rd 0.56 0.00 0.56 Old School Park Dahlia Ave and Fourth Ave 0.82 0.00 0.82 Police Department/Fire Station #3 868-870 Santa Barbara Dr 2.90 0.00 2.90 San Joaquin Hills Park 1550 Crown Dr N 3.13 0.00 3.13 Pinnacle Landscape Company Page A-36 San Miguel Park San Miguel Dr and Spyglass Hill Rd 5.33 2.08 7.41 Spyglass Hill Park Spyglass Hill Rd and EI Capitan Dr 1.53 0.00 1.53 Spyglass Hill Reservoir 21 Muir Beach Cir 1.03 0.00 1.03 Sunset View Park Superior Ave, north of Coast Hwy W 1.11 0.00 1.11 TOTALS: 163.49 40.56 204.05 Pinnacle Landscape Company Page A-37 TURFGRASS ONLY MAINTENANCE AND ACREAGE (APPENDEIX G) FACILITY ADDRESS NON- SPORTS TURF SPORTS TURF TOTAL ACREAGE "A" Street Pump Station 815 E Bay Ave 0.01 0.00 0.01 38th Street Park 3600 Balboa Blvd 0.22 0.00 0.22 Bolsa Bolsa Ave and Old Newport Blvd. 0.10 0.00 0.10 Channel Place 4400 Channel PI 0.76 0.00 0.76 City Hall - Former 3300 Newport Blvd 1.02 0.00 1.02 Cliff Drive 301 Riverside Ave 2.04 0.00 2.04 Corona Del Mar Library 420 Marigold 0.07 0.00 0.07 Corona Del Mar State Beach 3001 Ocean Blvd 1.18 0.00 1.18 Ensign View 2501 Cliff Dr 0.75 0.00 0.75 Fire Station #1/Balboa Library 100-110 Balboa Blvd E 0.28 0.00 0.28 Fire Station #2 475 32nd St 0.02 0.00 0.02 Fire Station #5 410 Marigold Ave 0.03 0.00 0.03 Fire Station #6 1348 Irvine Ave 0.05 0.00 0.05 Galaxy View Park 1398 Galaxy Dr 0.73 0.00 0.73 Grant Howard 3000 Fifth Ave 3.26 1.34 4.60 Kings Road 1801 Kings Rd 0.13 0.00 0.13 L Street Park 327 L St 0.41 0.00 0.41 Las Arenas Balboa Blvd W and 17th St 0.29 0.00 0.29 Lido Park Via Lido and Lafayette Ave 0.41 0.00 0.41 Mariners 1300 Irvine Ave 2.51 1.33 3.84 Newport Island Park 3809 Marcus Ave 0.13 0.00 0.13 Newport Pier Plaza 72 Newport Pier 0.15 0.00 0.15 Newport Shores 220 61st St 0.26 0.00 0.26 Ocean Blvd Bluffs Ocean Blvd from Bayview to Poppy Ave 1.24 0.00 1.24 Peninsula A St and Ocean Front E 2.07 1.60 3.68 Veteran's Memorial 215 15th St 0.39 0.00 0.39 West Jetty 2300 Channel Rd 0.37 0.00 0.37 West Newport Community Center 883 15th St W 0.13 0.00 0.13 West Newport Park Seashore Dr and Prospect St 3.41 0.00 3.41 Westcliff Polaris Dr and Morning Star Ln 0.79 0.00 0.79 TOTALS. 23.19 4.28 27.47 Pinnacle Landscape Company Page A-38 IRVINE RANCH WATER DISTRICT LANDSCAPE IRRIGATION GUIDELINES (APPENDIX H) Irvine Ranch Water District Landscape Irrigation Guidelines Water used for irrigation will be supplied by the Irvine Ranch Water District (IRWD). It is the responsibility of the Contractor to understand the water usage rate tiers based on allocation and to periodically review the IRWD guidelines, as they are updated on a regular basis. Irvine Ranch Water District Landscape Irrigation Information http://www. irwd. co m/customer-care/understand i ng-vour-bill/land scape-irrigation- rates.html Landscape Irrigation Schedule of Rates and Charges http://www.irwd.com/assets/files/Financial%20Files/RatesandCharges-Current.pdf Explanation of Bill http://www.irwd.com/assets/files/Customer°/`20Service/Your Bill Explained 7.12.pdf Meter and Allocation Log http://www. irwd.com/assets/files/Conservation/MeterAllocLog[1]. pdf Using the Meter and Allocation Log http://www.irwd.com/assets/files/Conservation/usinglog.pdf Landscape Irrigation Adjustment Request Form http://www. i rwd.com/assets/fi les/Conservation/LANDSCAPE%201 RRI GATION %20ADJ USTMENT%20REQUEST%20FORM FINAL.pdf Instructions for Completing Landscape Irrigation Adjustment Request Form http://www.irwd.com/assets/files/Conservation/INSTRUCTIONS.pdf Suggested Weekly Schedule for Spray -Head Irrigation http://www. i rwd. com/alwayswatersmart/weekly-irrigation-sched ule. html Pinnacle Landscape Company Page A-39 REQUIRED REPORTS • Daily o Daily email with site locations of crews and numbers assigned at each site. Weekly o Weekly Maintenance Schedule, including approved extra work and chemical use schedules. o Weekly Master Valve/Flow Sensor inspection checklist. o Weekly Performance Report. o Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required). A weekly Irrigation Tracking Worksheet shall be submitted to the Project Administrator, specifying locations, controller numbers, date of inspection, and type of repairs made.. Monthly o Monthly Chemical Use Report (As sent to the County Agriculture Commission), daily as needed for certain applications. o Monthly Fertilizer Use Report. o Monthly maintenance inspection list for all sites, performed by the Contractor supervisor. o Required tailgate safety meeting records, include with Monthly Maintenance Report. o Monthly pest control inspection for all sites conducted by a Qualified Licensed Applicator. c Monthly maintenance report which includes Monthly Greenwaste Report. • Quarterly o Irrigation controller programming charts, submitted quarterly (January, April, July, October). Pinnacle Landscape Company Page A-40 Annually o Annual Maintenance Schedule which includes: Organization chart, mow and trash schedules, once per year submittal. o Annual pesticide safety training records. o Annual Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets. Pinnacle Landscape Company Page A-41 WTMI`i? SCHEDULE OF BILLING RATES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, and/or emergency repairs, the total compensation shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Unit prices listed below refer to all services and include all costs connected with such items; including but not limited to, materials, labor, overhead, insurances 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, unless otherwise agreed upon in writing by both Contractor and City. D. All work shall be performed in accordance with the specifications described in RFP 13-55. E. Plant installation unit prices shall include appropriate amounts of soil amendments and fertilizer tabs. Pinnacle Landscape Company Page B-1 Total annual cost of landscape maintenance of parks and facilities; $885,784.00 (Eight Hundred Eighty Five Thousand Seven Hundred Eighty Four Dollars) *Cost shall include all labor, materials, equipment, insurances and any associated items related to the project as specified in the scope of work and the contents of this Request for Proposal, Total cost shall reflect the unit prices listed herein. Total annual contingency for additional work, CPI adjustments, emergency repairs: $259,216.00 (Two Hundred Fifty Nine Thousand Two Hundred Sixteen Dollars) Pinnacle Landscape Company Page B-2 FUNCTION COST/UNIT OF MEASURE Function Cost Unit Aerify $250.00 1,000 Square Feet Dethatch/Renovate $6,650.00 Acre Edge $6.00 1, 000 Linear Feet Fertilize $4.00 1,000 Square Feet Gypsum Application at 25lbs $4.00 1,000 Square Feet Mow (Reel Blade) $8.00 1,000 Square Feet Mow (Rotary Blade) $6.00 1,000 Square Feet Topdress only $8.00 1,000 Square Feet HARDSCAPE Cleaning $12.00 1,000 Square Feet Powerwashing $10.00 1,000 Square Feet Tree disease/insect foliar spray $3.00 Tree Tree disease/insect root injections $6.00 Tree SHRUB PRUNING/REMOVALS ` Pruning $10.00 10 Linear Feet Removals $12.00 10 Linear Feet Pinnacle Landscape Company Page B-3 Pruning $50.00 Tree Removals $85.00 Tree 1 Gal. Shrub $8.50 Each 5 Gal. Shrub $25.00 Each 15 Gal. Shrub $100.00 Each 15 Gal. Tree $110.00 Each 24" Box Tree $275.00 Each 36" Box Tree $675.00 Each 64 Count Flat Groundcover $22.00 Flat 16 Count 4" Flat Annual Color $25.00 Flat Turf - Seed and Top Dress $22.00 1,000 Square Feet Turf - Sod $1250.00 sod only 1,000 Square Feet Hand -spread and rake in City Supplied seed $6.00 1,000 Square Feet LABOR Landscape Maintenance Supervisor $45.00 Hour Pest Control Applicator $60.00 Hour Irrigation Specialist $40.00 Hour Landscape Maintenance Leadworker $30.00 Hour Equipment Operator $40.00 Hour Landscape Maintenance Laborer $22.00 Hour Tree Trimmer $30.00 Hour EQUIPMENT'. Pinnacle Landscape Company Page B-4 11 -Ton Truck I $75.00 I Day Parks and Facilities Turfgrass Maintenance $6,534.00 Acre/Year Parks and Facilities Native Park $5,227.00 Acre/Year Maintenance Pinnacle Landscape Company Page B-5 LOCATION UNIT COSTS FULL LANDSCAPE MAINTENANCE .FACILITY _ ADDRESS/LOCATION YEARLY COST "`' Arroyo Park 114 Bayswater, Bison Ave. at Bayswater $34,140.00 Back Bay View Park 1900 Back Bay Dr, Jamboree and Coast Hwy $30,936.00 Balboa Island Park 115 Agate Ave $756.00 Balboa Yacht Basin 829 Harbor Island Drive $4,956.00 Bayside Drive Bayside Dr. between Carnation and Marguerite $10,296.00 Bayview Park Mesa Dr and Bay View Ave $6,048.00 Begonia Park Begonia Ave and First Ave $6,384.00 Bob Henry Park 900 Dover Dr, 16th Street and Dover Drive $22,476.00 Bonita Canyon Sports Park 1990 Ford Rd $152,244.00 Bonita Creek Park 3010 La Vida $58,812.00 Buck Gully & Fifth Poppy and Fifth $2,136.00 Buffalo Hills Park 1891 Port Provence PI $64,476.00 Castaways Park 700 Dover Dr $43,272.00 Central Library 1000 Avocado $6,300.00 China Cove Ramp Ocean Blvd and Fernleaf $780.00 Coastal Peak Park 20403 East Coastal Peak $47,808.00 Eastbluff Park 2401 Vista Del Oro $38,928.00 Fire Station #4 124 Marine Ave $60.00 Fire Station #7 1971 Mesa Dr $6,072.00 Harbor View Nature San Miguel Dr, east of Pacific View Dr $29,016.00 Irvine Terrace 721 Evita Dr $32,196.00 Jasmine View Harbor View Dr and Marguerite Ave $2,904.00 Lincoln Athletic Center 3101 Pacific View D $60,288.00 Lower Buck Gully 214 Glen Dr $6,096.00 Manning Tract 2001 W Newport Hills Dr $4,716.00 Mesa Birch Park 2081 Mesa Dr $2,448.00 Morning Canyon Park Surrey Dr and Rockford Rd $1,620.00 Old School Park Dahlia Ave and Fourth Ave $2,364.00 Police Department/Fire Station #3 868-870 Santa Barbara Dr $8,340.00 San Joaquin Hills Park 1550 Crown Dr N $9,000.00 San Miguel Park San Miguel Dr and Spyglass Hill Rd $29,920.00 Pinnacle Landscape Company Page B-6 Spyglass Hill Park Spyglass Hill Rd and EI Capitan Dr 1 $4,404.00 FULL LANDSCAPE MAINTENANCE (Continued) Spyglass Hill Reservoir 21 Muir Beach Cir $2,964.00 Sunset View Park Superior Ave, north of Coast Hwy W $3,192.00 Pinnacle Landscape Company Page B-7 LOCATION UNIT COSTS TURFGRASS ONLY MAINTENANCE FACILITY ADDRESS/LOCATION ST,' "A" Street Pump Station 815 E Bay Ave $60.00 38th Street Park 3600 Balboa Blvd $1,152.00 Bolsa Bolsa Ave and Old Newport Blvd $528.00 Channel Place 4400 Channel PI $3,984.00 City Hall - Former 3300 Newport Blvd $5,340.00 Cliff Drive 301 Riverside Ave $10,668.00 Corona Del Mar Library 420 Marigold $372.00 Corona Del Mar State Beach 3001 Ocean Blvd $6,180.00 Ensign View 2501 Cliff Dr $3,924.00 Fire Station #I/Balboa Library 100-110 Balboa Blvd E $1,464.00 Fire Station #2 475 32nd St $108.00, Fire Station #5 410 Marigold Ave $168.00 Fire Station #6 1348 Irvine Ave $264.00 Galaxy View Park 1398 Galaxy Dr $3,816.00 Grant Howard 3000 Fifth Ave $25,812.00 Kings Road 1801 Kings Rd $684.00 L Street Park 327 L St $2,148.00 Las Arenas Balboa Blvd W and 17th St $1,524.00 Lido Park Via Lido and Lafayette Ave $2,148.00 Mariners 1300 Irvine Ave $21,828.00 Newport Island Park 3809 Marcus Ave $684.00 Newport Pier Plaza 72 Newport Pier $792.00 Newport Shores 220 61st St $1,368.00 Ocean Blvd Bluffs Ocean Blvd from Bayview to Poppy Ave $6,492.00 Peninsula A St and Ocean Front E $21,288.00 Veteran's Memorial 215 15th St $2,040.00 West Jetty 2300 Channel Rd $1,944.00 West Newport Community Center 883 15th St W $684.00 West Newport Park Seashore Dr and Prospect St $17,832.00 Westcliff Polaris Dr and Morning Star Ln $4,140.00 Pinnacle Landscape Company Page B-8 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Pinnacle Landscape Company Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $1,000,000 per loss and $1,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross - liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. Pinnacle Landscape Company Page C-2 C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Pinnacle Landscape Company Page C-3 F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's 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. Pinnacle Landscape Company Page C-4 Attachment B Budget Amendment No. 14BA 005 City of Newport Beach NO. BA- 14BA-005 BUDGET AMENDMENT 2013-14 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $s2,2oo.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To appropriate funds from General Fund Reserves to General Services -Parks, Contract Services for additional costs of the contracted and as -needed services for parks and facilities maintenace. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 3170 GS - Parks Account Number 80883 Contract Services-Parks/Facilities Signed: Signed: Signed: Director Approval: City City Council Approval: City Clerk Amount Debit Credit $82,200.00 Automatic $82,200.00 7- /,5 - Date -�) fib) tZ Date Date