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HomeMy WebLinkAboutC-5959 - M/RSA for Landscaping Maintenance of Medians and RoadsidesAMENDMENT NO. THREE TO MAINTENANCE/REPAIR SERVICES AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES THIS AMENDMENT NO. THREE TO MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 22nd day of October, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation ("Contractor"), whose address is 22421 Gilberto, Suite A, Rancho Santa Margarita, California 92688, and is made with reference to the following: RECITALS A. On October 29, 2014, City and Contractor entered into a Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform landscape maintenance and/or repair services for City ("Project"). The original term of the Agreement ended on November 30, 2017, subject to three (3) additional one (1) year extensions. For each one year extension to occur, Contractor must submit a written request to extend the Agreement at least one hundred twenty (120) calendar dates prior to the termination date of the current term. B. On or about May 25, 2017, Contractor submitted a written request to extend the Agreement for the first one (1) year extension and have the Agreement extended to November 30, 2018. C. On September 12, 2017, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to confirm the extension of the term of the Agreement to November 30, 2018, to increase the total compensation of the Agreement to reflect compensation payable through November 30, 2018, update the Contractor's Project Manager information, update the Responsibility for Damages or Injury section of the Agreement, update the contact information for notices to Contractor, update bonding requirements, and update insurance requirements. D. On or about July 16, 2018, Contractor submitted a written request to extend the Agreement for the second one (1) year extension and have the Agreement, as amended, extended to November 30, 2019. E. On September 11, 2018, City and Contractor entered into Amendment No. Two to the Agreement ("Amendment No. Two") to confirm the extension of the term of the Agreement, as amended, to November 30, 2019, and to increase the total compensation of the Agreement, as amended, to reflect compensation payable through November 30, 2019. F. On or about July 24, 2019, Contractor submitted a written request to extend the Agreement for the third and final one (1) year extension and have the Agreement, as amended, extended to November 30, 2020. Park West Landscape Maintenance, Inc. Page 1 G. The parties desire to enter into this Amendment No. Three to confirm the extension of the term of the Agreement, as amended, to November 30, 2020, to increase the total compensation of the Agreement, as amended, to reflect compensation payable through November 30, 2020, update the Administration, Conflicts of Interest, Notices and Claims sections. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2020, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 and subcontractor fees, shall not exceed Twelve Million Eighty Seven Thousand Nine Hundred Sixty Six Dollars and 00/100 ($12,087,966.00), without prior written amendment to the Agreement." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subcontractor fees, in an amount not to exceed Two Million Three Hundred Three Thousand One Hundred Seventy Five Dollars and 00/100 ($2,303,175.00). 3. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and replaced with the following: "This Agreement will be administered by the Public Works Department. City's Landscape Manager 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." 4. CONFLICTS OF INTEREST Section 23 of the Agreement is amended in its entirety and replaced with the following: "23.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may Park West Landscape Maintenance, Inc. Page 2 foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. 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 City for any and all claims for damages resulting from Contractor's violation of this Section." 5. NOTICES Section 24.2 is amended in its entirety and replaced with the following: "24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Landscape Manager Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658" 6. CLAIMS Section 25 is amended in its entirety and replaced with the following.- "25.1 ollowing: "25.1 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.). 25.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.)." Park West Landscape Maintenance, Inc. Page 3 7. 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] Park West Landscape Maintenance, Inc. Page 4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: to`Y It t X, By: ��- Aaron C. Harp ,y�Q City Attorney ATTEST: Date-.— By: ate: By: 4�w (�' pwvk' Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Dater c� r , 1 Mayor 0 CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation Date: Signed in Counterpart James P. Tracy Chief Executive Officer / Secretary [END OF SIGNATURES] ser3,saark-�.r<...r e�„�:amu - oc�»�n,:zseu�ms�r•...s�,m�+e..,.ua,i..•.� i w,_._e«d __. f.-:.:sv,�.wa�rt s.h.�,,.:.j <<,. e�;wic_::. x, a .._.,t..., .:..�..+c �,e��;;-s m u w.::....�: t:.� Park West Landscape Maintenance, Inc. Page 5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: of yll� A 4on C. Harp �a City Attorney �p UA c� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B. Dixon Mayor CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation Date: 14�! ��6 f t Jarh&&_P--.:�Tracy Chief Executive Officer 1 Secretary [END OF SIGNATURES] Park West Landscape Maintenance, Inc. �~My Page 5 AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES THIS AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 11th day of September, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation ("Contractor"), whose address is 22421 Gilberto, Suite A, Rancho Santa Margarita, California 92688, and is made with reference to the following: RECITALS A. On October 29, 2014, City and Contractor entered into a Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform landscape maintenance and/or repair services for City ("Project"). The original term of the Agreement ended on November 30, 2017, subject to three (3) additional one (1) year extensions. For each one year extension to occur, Contractor must submit a written request to extend the Agreement at least one hundred twenty (120) calendar dates prior to the termination date of the current term. B. On or about May 25, 2017, Contractor submitted a written request to extend the Agreement for the first one (1) year extension and have the Agreement extended to November 30, 2018. C. On September 12, 2017, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to confirm the extension of the term of the Agreement to November 30, 2018, to increase the total compensation of the Agreement to reflect compensation payable through November 30, 2018, update the Contractor's Project Manager information, update the Responsibility for Damages or Injury section of the Agreement, update the contact information for notices to Contractor, update bonding requirements, and update insurance requirements. D. On or about July 16, 2018, Contractor submitted a written request to extend the Agreement for the second one (1) year extension and have the Agreement, as amended, extended to November 30, 2019. E. The parties desire to enter into this Amendment No. Two to confirm the extension of the term of the Agreement, as amended, to November 30, 2019, and to increase the total compensation of the Agreement, as amended, to reflect compensation payable through November 30, 2019. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: 1.1 The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2019, unless terminated earlier as set forth herein. 1.2 The term of this Agreement may be extended up to one (1) time for an additional one (1) year. Contractor shall submit all requests for extensions or requests for termination of this Agreement to the Project Administrator as defined in Section 6. All requests shall be made in writing one hundred twenty (120) calendar days prior to the termination date of each term or extended term. The failure by Contractor to provide a written request within the one hundred twenty (120) calendar days prior to the termination date of each term or extended term shall result in termination of this Agreement." 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 and subconstrator fees, shall not exceed Nine Million Seven Hundred Eighty Four Thousand Seven Hundred Ninety One Dollars and 00/100 ($9,784,791.00), without prior written amendment to the Agreement." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subcontractor fees, in an amount not to exceed Two Million Two Hundred Forty Seven Thousand Dollars and 00/100 ($2,247,000.00). 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] Park West Landscape Maintenance, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 819A J(� By: - Zoe' ��� Karon C. Harp (.AA aai1414Y City Attorney ATTEST: �DA LIK, Date: r By: j N-KLI— LeilAi I. Brown City Clerk U `'PORN - CITY OF NEWPORT BEACH, a California municipal corporation Date: By: 0 Marshall "Duffy" Duffield Mayor CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC., a California c rpo ation Date: ft'"A `!> By: James racy Chief Executive Officer / Secretary [END OF SIGNATURES] Park West Landscape Maintenance, Inc. Page 3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/10/18 Date Completed: 10/16/18 Sent t Company/Person required to have certificate: Type of contract: Dept./Contact Received From: o: Joan Joan By: Jan Park West Landscape, Inc. Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/18 — 10/1/19 A. INSURANCE COMPANY: Executive Risk Indemnity Inc B. AM BEST RATING (A-: VII or greater): A++ / XV INSURANCE COMPANY: Federal Insurance Company C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? 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 N/A included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? ❑ Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ No H. is not limited solely by their negligence) Does endorsement ® N/A ❑ Yes include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/18 — 10/1/19 A. INSURANCE COMPANY: Federal Insurance Company 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. ADDITIONAL INSURED WORDING: ❑ N/A ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ® Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/18 —10/1/19 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater): A++/ XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY 10/1/18-10/1/19 AXIS SURPLUS LINES INSURANCE CO Rated: A+/ XV, Non -admitted Limits: $5M ❑ N/A ® Yes ❑ No VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO. WHICH ITEMS NEED TO BE COMPLETED? Approved: 10/16/18 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval required for non -admitted Pollution Liability carrier. 10/16/18 Risk Management approved use of carrier. Approved: Risk Management Date * Subject to the terms of the contract. AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC FOR LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 12th day of September, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Park West Landscape Maintenance, Inc., a California corporation ("Contractor"), whose address is 22421 Gilberto, Suite A, Rancho Santa Margarita, California, 92688 and is made with reference to the following: RECITALS A. On October 29, 2014, City and Contractor entered into a Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform landscape maintenance and/or repair services for City ("Project"). The original term of the Agreement ends on November 30, 2017, subject to three (3) additional one (1) year extensions. For each one year extension to occur, Contractor must submit a written request to extend the Agreement at least one hundred twenty (120) calendar dates prior to the termination date of the current term. B. On or about May 25, 2017, Contractor submitted a written request to extend the Agreement for the first one (1) year extension and have the Agreement extended to November 30, 2018. C. The parties desire to enter into this Amendment No. to confirm the extension of the term of the Agreement to November 30, 2018, to increase the total compensation of the Agreement to reflect compensation payable through November 30, 2018, update the Contractor's Project Manager information, update the Responsibility for Damages or Injury section of the Agreement, update the contact information for notices to Contractor, update bonding requirements, and update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: 1.1 The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2018, unless terminated earlier as set forth herein. 1.2 The term of this Agreement may be extended up to two (2) times for an additional one (1) year per extension. Contractor shall submit all requests for extensions or requests for termination of this Agreement to the Project Administrator as defined in Section 6. All requests shall be made in writing one hundred twenty (120) calendar days prior to the termination date of each term or extended term. The failure by Contractor to provide a written request within the one hundred twenty (120) calendar days prior to the termination date of each term or extended term shall result in termination of this Agreement." 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 Seven Million Five Hundred Thirty Seven Thousand Seven Hundred Ninety One Dollars and 00/100 ($7,537,791.00), without prior written amendment to the Agreement." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One through November 30, 2018, including all reimbursable items and subcontractor fees, in an amount not to exceed Two Million Thirty Seven Thousand Seven'Hundred Ninety One Dollars and 00/100 ($2,037,791.00). 3. PROJECT MANAGER Section 5.1 shall be amended in its entirety and replaced with the following: "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 Tom Baker 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." 4. RESPONSIBILITY FOR DAMAGES OR INJURY Sections 9.1, 9.2 and 9.3 shall be amended in their entirety and replaced with the following: "9.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services 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 result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from Park West Landscape Maintenance, Inc. Page 2 the performance of the Project and/or Services 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 and/or Services, 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, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (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)." 5. NOTICES TO CONTRACTOR Section 24.3 shall be amended in its entirety and replaced with the following: "24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Tom Baker Park West Landscape Maintenance, Inc. 22421 Gilberto, Suite A Rancho Santa Margarita, CA 92688" • p009 Section 29, Exhibit D, and Exhibit E are hereby added to the Agreement. Section 29 shall read as follows and Exhibits D and E shall be added to the Agreement as attached hereto and incorporated herein by this reference: "29.1 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 Amendment No. One to this Agreement and in the form attached hereto as Exhibit D Park West Landscape Maintenance, Inc. Page 3 which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in Amendment No. One to this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 29.2 The Faithful Performance Bond and Labor and Materials Payment 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. 29.3 Contractor shall deliver, concurrently with execution of this Agreement, the Faithful Performance Bond and Labor and Materials Payment Bond, and 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." INSURANCE Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit C-1, attached hereto and incorporated herein by reference. Any reference to Exhibit C in the Agreement shall hereafter refer to Exhibit C-1 attached hereto. 8. 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] Park West Landscape Maintenance, Inc. Page 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 Date: By: Aaron C. Harp City Attorney drn ATTEST: Cv/ Date: 0z Leilani 1. Brown— City CITY OF NEWPORT BEACH, a California.inYanialoal-eorooral n Muldoon CONTRACTOR: Park West Landscape Maintenance, Inc., a California corporation Date:I� 1��1 By: . - James Tracy Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit C -1— Insurance Requirements Exhibit D - Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Park West Landscape Maintenance, Inc. Page 5 EXHIBIT C-1 INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR 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 City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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). 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 Park West Landscape Maintenance, Inc. Page C-1 arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Pollution Liability Insurance. If required, Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims -made policies require a 5 -year extended reporting period. 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 City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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 subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor Park West Landscape Maintenance, Inc. Page C-2 performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. 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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. 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. Park West Landscape Maintenance, Inc. Page C-3 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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 subcontractor 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. Park West Landscape Maintenance, Inc. Page C-4 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Park West Landscape Maintenance, Inc., hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in 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. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Thirty Seven Thousand Seven Hundred Ninety One Dollars and 00/100 Dollars ($2,037,791.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of Amendment No. One; 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 subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Park West Landscape Maintenance, Inc. Page D-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named 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 above named Principal and Surety, on the day of , 20_ Name of Contractor (Principal) Name of Surety Address of Surety elephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Park West Landscape Maintenance, Inc. Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Park West Landscape Maintenance, Inc. Page D-3 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ Agreement price. , being at the thousand of the Amendment No. One WHEREAS, the City of Newport Beach, State of California, has awarded to Park West Landscape Maintenance, Inc., hereinafter designated as the "Principal," an Agreement for maintenance and/or repair services in 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. 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 Agreement. NOW, THEREFORE, we, the Principal, and '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 Two Million Thirty Seven Thousand Seven Hundred Ninety One Dollars and 00/100 ($2,037,791.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of Amendment No. One, 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 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 perform 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be Park West Landscape Maintenance, Inc. Page E-1 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 Agreement 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 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 day of 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 32 Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT Park West Landscape Maintenance, Inc. Page E-2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Park West Landscape Maintenance, Inc. Page E-3 C°C (S' MAINTENANCE/REPAIR SERVICES AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this 29th day of October, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation ("Contractor"), whose address is 22421 Gilberto, Suite A, Rancho Santa Margarita California 92688, 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 and/or repair services for City (`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: TERM 1.1 The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2017, unless terminated earlier or extended as set forth herein. 1.2 The term of this Agreement may be extended up to three (3) times for an additional one (1) year per extension. Contractor shall submit all requests for extensions or requests for termination of this Agreement to the Project Administrator as defined in Section 6. All requests shall be made in writing one hundred twenty (120) calendar days prior to the termination date of each term or extended term. The failure by Contractor to provide a written request within the one hundred twenty (120) calendar days prior to the termination date of each term or extended term shall result in termination of this Agreement. 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. pvmmffifg• L •;_u_► 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 Contractors 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 Page 2 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 Five Million Five Hundred Thousand Dollars and 00/100 ($5,500,000.00), without prior written amendment to the Agreement. 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, 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. Page 3 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 Ralph Vasquez 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. 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 Landscape Manager 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 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. Page 5 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. 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. LABOR AND PREVAILING WAGE REQUIREMENT 15.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. 15.2 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 notice to City, including all relevant information. 15.3 This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the tenus of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770-7981 inclusive). 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 Page 7 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 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 City for any and all claims for damages resulting from Contractor's violation of this Section. 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: Landscape Manager 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: Ralph Vasquez Park West Landscape Maintenance, Inc. 22421 Gilberto, Suite A Rancho Santa Margarita, CA 92688 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 Page 9 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 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. �" 27.1 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' Page 10 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 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. Page 11 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] Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: 101 By: Aa n C. Harp c1kM 1611ijjjy City Attorney ATTEST: Date: g• a 4'6 Leilani I. Brown City Clerk `1-I FORS/ CITY OF NEWPORT BEACH, a California municipal corporation Date: I 1 • 12 . l t{ By: Rush .Hill, II Mayor CONTRACTOR: Park West Landscape Maintenance, Inc., a California corporation Date: By:� Brian Chinnery Regional Man " er [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Page 13 Page A-1 1.1.1 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 sites be kept in a healthy, weed -free, vigorous, and well -kept state at all times for at least three (3) years, with three (3) possible extensions of one (1) year each. • DESCRIPTION OF PROJECT o Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the following: • Weeding, cultivating and brush control both mechanically and with chemicals. • Fertilizing. Shrub and groundcover trimming, pruning, training. Minor tree pruning and staking. • Irrigation programming, monitoring, maintenance, and repair. 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. Access roadway clearance and visibility maintenance. General drainage structure and system maintenance. ■ Drinking fountain maintenance. Reporting for vandalism, graffiti, or any safety concerns. • Pruning trees less than 12 feet in height. ■ Water truck for landscape/no irrigation systems 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 Graffiti • Vandalism Signage • Damage resulting from vehicular accidents 1 • Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules. • Trees over 12 feet in height. • LEVEL OF MAINTENANCE o All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. 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. • MINIMUM PERSONNEL REQUIREMENTS 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 Work. All supervisory personnel must be able to communicate effectively in English (both orally and in writing) and be computer literate. 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 At a minimum, contractor shall provide, in addition to one (1) full-time supervisor, twenty-seven (27) full-time positions as depicted in the chart available in Appendix A: Minimum Staff Requirements. o All hours shall be made up if there are absences to the Contractor's workforce (including sick days and vacation). The contractor shall provide replacements the same day where advanced notice is provided. 7 o Work shall be performed by competent and experienced workers. All irrigation maintenance and repairs shall be monitored by a California Landscape Contractors Association, Certified Landscape Technician -I (Irrigation). o The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and lead workers must communicate effectively, both in written and oral English, and shall be present at all times during contract operations. Any order given to these supervisors or Lead workers shall be deemed as delivered to the Contractor. o All pesticide operations, where required, shall be performed by a California State Licensed pest control operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. o All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Landscape Manager. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests. o Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the City. • 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 year's Day 3 QUALITY OF WORK AND MATERIAL 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 accord 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. • 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. • SUPERVISION OF CONTRACT o All work shall meet with the approval of the Project Administrator. The contract supervisor shall be available for daily morning meetings with the Project Administrator or his designee(s) 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 City's representative for other projects 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. 2 • 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. • RESPONSIBILITY FOR DAMAGES OR INJURY o 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 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. o Contractor shall be responsible for any liability imposed bylaw 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. o 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 • CORRESPONDENCE o All correspondence shall be addressed to landscape Manager, Municipal Operations Department, City of Newport Beach, PO Box 1768, Newport Beach, California 92658-8915. • 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. o Should a change or extra work be found necessary by the City, all changes and extra work shall be performed at the same unit price of any proposal item listed. If the work is not listed as a proposal item, the Contractor shall submit a fair cost for the work to be performed. A change order authorization will be issued by the City. o The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the Project Administrator or designated representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications or deviations from the work described in the scope of services by Contractor shall be subject to the prior written approval of the City. Any price adjustments shall be made by mutual consent of the parties in that case. • EQUIPMENT o All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order. The Project Administrator, or his authorized agent, may reject any vehicle or piece of equipment and order it removed from the job site. • STREET CLOSURES, DETOURS, BARRICADES o Warning signs, lights, and devices shall be installed and displayed in conformity with the most recent addition of "The California Manual on Uniform Traffic Devices' for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. 9 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 100% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. • 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 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. Contractor shall provide all reports included in Appendix E: Required Reports. 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 for approval. 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. 7 o The Contractor shall permit the City to inspect and audit its books and records regarding City -provided services, including requests for certified payroll of employees assigned to the City, during regular business hours. • 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: flail mowing, fertilization, turf aerification, turf dethatching, seeding and topdressing, herbicide applications for roadside spraying, water truck operations, mulch applications and plant replacements. Positions used for specialty operations shall be in addition to those outlined in Appendix A: Minimum Staff Requirements. • 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. • 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 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) minutes response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cell phone. In instances of an emergency, the Contractor shall have a maximum response time of thirty (30) minutes if the emergency occurs during normal working hours; and one (1) hour if it occurs outside of normal working hours. 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 Annua! 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 median and roadside in a manner which shall correspond to the weekly schedules. • 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 submit revised schedules when actual performance differs substantially from planned performance. o Monthly Schedule • Contractor shall meet with the City once a month to discuss work performance, special instructions, any problems encountered and upcoming schedules. 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. • 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, indicating locations to be serviced. • 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. O7 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. o Daily Schedule The Contractor shall meet with the City's representative daily in order to review the week's work, receive special instructions, and discuss any problems encountered on the job. Daily schedule shall be emailed to the city inspector before 8:OOa.m. each work day. • 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 city inspector. o Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules that 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 daily and weekly schedules. • 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. 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 or his/her designee prior to removing the work force from the job site for agreement on degree of inclement weather or other reasons. 10 • 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. • 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, and shall be approved by Project Administrator 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. 11 1.1.2 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 B: Maintenance Frequency Schedule. 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. 12 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 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, free 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. • 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. ■ 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; at sites including but not limited to the list attached as 13 Appendix F: Irrigation Information. 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 and turn system back on when appropriate. ■ 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 D: Standard Materials. ■ Irrigation programming charts will be included in monthly reports in January, April, July and October. Such reports shall be made pursuant to those stated in Appendix E: Required Reports. • Areas shall only be irrigated between 11:00 PM and 6:00 AM. • 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. • Replacement Irrigation materials (old parts), such as, but not limited to: irrigation valves, UNIK controllers, steam rotors, pop-up sprinklers, 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 14 Agreement. Contractor shall retain records reflecting the actual cost of parts or materials used and the performance of services required by the Agreement. Contractor shall not charge labor for any irrigation repairs, unless it is pre - approved by the City for emergency repairs on overtime. 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 damaged irrigation pipes, controllers and valves only after the City's Project Administrator has approved a written estimate of the cost of repair. • 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. • HORSE TRAIL MAINTENANCE — SANTA ANA HEIGHTS — CYPRESS STREET/MESA DRIVE TRAIL o Pest and Weed Control — per included Technical Specifications covering pest and weed control and Appendix C: Maintenance Frequency Schedule For Utility Sites. o Grounds Policing/Litter Removal — per included Technical Specifications covering grounds policing, litter removal and Appendix B and Appendix C. 15 o Minor grading/add decomposed granite — add decomposed granite and perform minor grading of ruts or wash -outs on a monthly basis. o Sweep all drive/street approaches — broom sweep all drive/street approaches per Appendix B and Appendix C. o Remove all animal waste -per included Technical Specifications and Appendix C. • 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 G: Irvine Ranch Water District Landscape Irrigation Guidelines. • Maintain a healthy landscape. • Calculate evapotranspiration (ET) rates to gallons per minute (GPM). • Maintain all landscapes 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 weekly according to the IRWD allocation. • 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 • 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. 16 • Deduction shall exclude all approved appeals such as mainline failures. • 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, and 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. 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: 17 • Warm season turf grass: three quarters (3/4) to one and one-quarter (1 %) 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 %) inches to two and one-half (2 %) inches. • Kikuyu and St. Augustine turf: one and one-quarter (1 Y4) inches to one and three-quarter (1 %) inches. o Vertical mowing of warm season grasses shall be done once per year in March to allow for sufficient time for turf regeneration. • Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. • 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. • 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 sites (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. Such reports shall be made pursuant to those stated in Appendix E: Required Reports. W. 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 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. • Contractor is responsible for locating and marking all sprinkler components. • 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, however irrigator shall remain present on- site if this is to occur. 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. 19 • GROUNDCOVER MAINTENANCE o All groundcover areas shall be maintained in a trimmed, weed -free condition. o Weeds shall be removed as they appear. No hoeing or scuffling is allowed, weeds are to be chemically controlled or manually removed by the roots. o A pre -emergent herbicide shall be applied in all shrub and groundcover beds three times per year, in February, June and October. Pre -emergent quantities shall be provided on a use report for the month and used bags provided upon request. Such reports shall be made pursuant to those stated in Appendix E: Required Reports. 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 fertilizer at 10 pounds per 1000 square feet. 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 at 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 Bi -monthly 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. Edges shall be beveled; no hard edges will be permitted. 20 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. 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 truck 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 at 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. For Newport Coast areas, an Annual Trimming maintenance schedule shall be provided to the City that includes a rotation of at least two trimming cycles per year. o Weeds shall be removed as they appear. No hoeing or scuffling is allowed, weeds are to be chemically controlled or manually removed by the roots. o A pre -emergent herbicide shall be used three times a year where appropriate around shrubs, vines and trees, and as approved by the City in February, June and October. Pre -emergent quantities shall be provided on a use report for the month and used bags provided upon request. Such reports shall be made pursuant to those stated in Appendix E: Required Reports. 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 21 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. • 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 Landscape Manager 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 Landscape Manager. ■ 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. 22 • WATER TRUCK OPERATIONS o Operations of the water truck will start no later than 4:00 a.m., so as not to conflict with early morning traffic. The city may require certain sites to be scheduled after 7:00 a.m. o Water Truck Operator is a separate driver to the contract, utilized as many days as need to maintain adequate soil moisture level and healthy appearance of landscapes. o Record and submit the weekly water usage for water truck sites, using City - supplied water meter. • 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 Landscape Manager. 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. o All hard surface areas shall be inspected weekly 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 animal feces or other materials detrimental to human health shall be removed from sites immediately. o All broken glass and sharp objects shall be removed immediately. o All areas shall be inspected six days per week and maintained in a neat, clean and safe condition at all times. o All areas shall be raked to remove leaves and debris six (6) days per week. 23 o All amenities within hardscape areas, including but not limited to benches tables, trash receptacles, and play equipment, shall be inspected for vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing immediately to the City. o All leaves, paper and debris shall be removed from hardscape areas and disposed offsite. • ROADSIDE HERBICIDE SPRAYING o Roadside areas (totaling approximately 11,011,080 square feet/252.8 acres) are all areas depicted on the map including curbs, gutters, sidewalks, drive approaches, ramps, and in some cases a portion of roadside dirt areas. o This service will be done quarterly (four (4) times per year) in the months of February, May, August and November, or as directed, within the hours of 2:00 A.M. and 6:00 A.M. o Herbicides used (or approved equal): Mixture of pre- and post -emergent herbicides to include: Roundup ProMax, Gallery pre -emergent and Dimension pre -emergent. • GENERAL GROUNDS POLICING o The Contractor shall provide general grounds policing and inspection six (6) days per week, except from May 1 through September 30, when general grounds policing and inspection will be seven (7) days per week, including holidays. o Remove all litter and other debris from sites. o Grounds policing on all holidays shall be provided. o Staffing for the weekend ground policing shall work on overtime and be in addition to those outlined in Appendix A. No flex schedules will be permitted. 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 PM • 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 PLANT MAINTENANCE 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. No chemicals or pre - emergents are to be used unless prior approval is granted from the City. ■ 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. ■ Leaf and branch drop and organic debris from native species shall be left in place. ■ 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 invoice. • The staffing necessary to accomplish the above weeding shall not delay maintenance frequencies in other areas (i.e.: turf, groundcover, and shrub maintenance). 25 APPENDIX A: MINIMUM STAFF REQUIREMENTS At a minimum, contractor shall provide, in addition to one (1) full- time supervisor, twenty-seven (27) Work Performed Required Vehicle Location full-time positions as depicted in the table below: # Positions (1) Supervisor (1) Pickup truck Include Irrigation (2) Fully stocked trucks with All Contract Sites (2) Irrigation Technicians Maintenance irrigation controller Except Newport remotes for Rainmaster Coast Include Irrigation (1) Fully stocked truck with Newport Coast (1) Irrigation Technician irrigation controller Maintenance remotes for Rainmaster Sites (1) Mow Crew Driver Mowing / Turf (1) Crew cab truck All Contract Sites (3) Mow Crew Laborers Maintenance (1) Detailed Maintenance Laborers Detailed Maintenance Oasis Senior Center and NCCC (2) Detailed Maintenance Drivers/ (2) one -ton stake bed All Contract Sites Leadpersons Detailed Maintenance trucks or equivalent Except Newport Coast All Contract Sites (6) Detailed Maintenance Laborers Detailed Maintenance Except Newport Coast (2) Detailed Maintenance Drivers Detailed Maintenance 2) one -ton stake bed trucks Newport Coast /Leadpersons or equivalent Sites (6) Detailed Maintenance Laborers Detailed Maintenance Newport Coast Sites General litter control, (2) one -ton stake (2) Trash Patrol Drivers refuse removal, bed trucks or All Contract and grounds policing equivalent Sites (1) Pest Control Operator Pest Control Fully stocked spray truck All Contract with a valid CAL from the with a minimum 100 State of California Operations p gallon tank. Sites The City reserves the right to increase minimum staffing based upon additional acres being added to this contract. 0 APPENDIX B: MAINTENANCE FREQUENCY SCHEDULE FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Four times/year Vertical Mow Once/year Aerate Twice/year Pest and Weed Control As needed Visual Inspection Weekly Chemical Weed Control Twice/year Ground Cover Maintenance Trim Monthly Fertilize Twice/year Pest and Weed control As needed Visual Inspection Weekly Pre -emergent herbicide Three times/year Shrub, Vine, and Tree Maintenance Trim Six times/year Fertilize Twice/year(once/year for trees) (three times/year for palms) Restake/Check Each site visit/every two weeks min. Visual Inspection Weekly Pre -emergent herbicide Three times/year Hardscape Maintenance Five (5) days/week Grounds Policing/Litter Removal Seven (7) days/week, May 1 through September 30 Six (6) days/week, October 1 through April 30 27 APPENDIX C: MAINTENANCE FREQUENCY SCHEDULE FOR UTILITY SITES SITES FUNCTION FREQUENCY Big Canyon Reservoir Turf Maintenance As directed by City staff, approximately Flail Moving six/year (may differ based on seasonal growth) Ornamental Landscape Ground Cover Maintenance, Sites: Shrub, Vine and Tree Maintenance Pump Station, Santa Visual Inspection Bi weekly Barbara Dr. Pump Station Goleta Irrigation Inspection Bi -weekly Point Dr. Tamura Well Site Trim Bi -weekly Dolphin Well Site Fertilize Twice/year (once/year for trees) Big Canyon Reservoir Pest and Weed Control As Needed (along Pacific View Dr.) Check/Restake Pre -emergent herbicide Once a year Mulching Maintain ongoing 2" minimum Hardscape Maintenance Each site visit/ every two weeks (min.) Ground Policing/Litter Removal Each site visit/ every two weeks (min.) Oil Wells and Big Canyon General Maintenance Reservoir (interior) Pest and Weed Control Monthly (including rodents) Grounds Policing/Litter Removal Monthly Irrigation Inspection Monthly Trim Three/year Fertilize Once/year Roadside Herbicide Weed control Four/year Spraying or as directed Horse Trail Maintenance Pest and Weed Control Monthly — Santa Ana Heights Grounds Policing/Litter Removal Twice/week Minor grading/add decomposed Monthly granite Sweep all drive/street Weekly approaches Remove all animal waste Weekly PX APPENDIX D: STANDARD MATERIALS 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 29 o Toro 570Z-PRX-COM with Precision Series Spray Nozzle (small turf areas) o Rain Bird 3500 (small / medium turf areas) o Rain Bird 5000 (medium turf areas) o Rain Bird 8005 (medium/large turf) o Toro TR50XT (medium/large turf) o Toro 570-PRXCOM with Precision Series Rotatin Nozzle (slopes & groundcover areas) • 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 -18'1 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 30 APPENDIX E: REQUIRED REPORTS 1. Annual Maintenance Schedule. 2. Daily email with site locations of crews and numbers assigned at each site. 3. Weekly Detailed Maintenance and chemical use schedules. 4. Weekly Performance Report. 5. Weekly Chemical Use Report. 6. Monthly Fertilizer Use Report. 7. Annual Proposed Pesticide List with EPA numbers (including PCA recommendations, pesticide labels, Material Safety Data Sheets). 8. Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required). 9. Monthly irrigation controller programming charts. 10. Monthly maintenance inspection list for all sites performed by the contractor Supervisor. 11. Annual pesticide safety training records. 12. Monthly tailgate safety meeting records. 13. Monthly Performance report. 14. Monthly green waste recycling report. 15. Water truck schedule and weekly water usage record. 16. Monthly pest control inspection list for all sites, performed by a Qualified Licensed Applicator. 31 APPENDIX F: IRRIGATION INFORMATION 111It111filil6y 32 Irrigation �' � .Watery �� Not,+lx� iNot�� , sAutomated;, Manuat. ,;Trucka ..Irri "anon �'0 eF`abie,t� arca atitirF.- G Street X Balboa Blvd X Balboa Blvd - Medina Way to 21st St. 1 X Balboa Blvd - Medina Way to 21 st St. 2 X X McFadden Interchange Medians X Villa Way X 29th Street X M Street Median X Via Lido - Newport Blvd to Via Oporto X Newport Blvd X Via Lido X Clubhouse X FinleyX Balboa Blvd - Coast Hwy to 32nd Street X Superior Ave north of Coast Hwy X Newport Blvd - Coast Hwy to Industrial Way X X Coast H - Santa Ana River to Newport Blvd X Coast Hwy - Mariners Mile X St. James Road X Kings Place X Margaret Drive between Tustin and Irvine X X Westcliff Drive - Irvine Ave to Dover X Triangular median - Westcliff X Dover X Dover Drive - Westcliff to Coast Hwy X X Irvine Ave - Westcliff to Dover X Irvine Ave - Dover to Holiday Road X Irvine Ave - Santiago to University X Jamboree Road - Bristol to Coast Hwy X University Drive - Jamboree to MacArthur X Vista Del Sol X Ford Road - Jamboree to San Miguel X San Miguel - Ford Road to Avocado X San Joaquin - Spyglass to Back Bay Dr. X Coast H - Dover to Newport Coast Drive X MacArthur at Coast Hwy X EI Paseo Drive X Avocado - Waterfront to Coast Hwy X Corinthian Way - West of MacArthur Blvd X Newport Place Drive - West of MacArthur Blvd X MacArthur Blvd - North of Jamboree X Jamboree Road - Bristol to Campus Drive X Balboa Blvd at A Street X MacArthur Blvd - Coast Hvvy to Bison X 32 ROADSIDES 33 Irrigation eg "),- g RN Bonita Canyon Road - MacArthur Blvd to Hwy 73 x Park Ave x Cannery Village Parking Lot x 28th and 30th Street Parking Lots x x McFadden Parking Lot x 19th Street, street end - ba side x 13th Street, street end - ba side / beach x 12th Street, street end - ba side I beach x 11th Street, street end - ba side / beach x T" Street, street end - ba side / beach x x Palm Street Parking Lot x Miramar Drive and Balboa Blvd x "I" Street, street end - ba side x x "L" Street, street end — ocean side x x "M" Street, street end — ocean side x x Via Oporto X Central Parking Lot x Short Street X Newport Blvd Roadside x OCTA Bus Stop - Balboa Blvd X 46th x OCTA Bus Stop - Balboa Blvd X River x Newport Island entrance x 37th - Olive Street, street ends off Seashore x Prospect Street, ends off Seashore x Orange Street, ends off Seashore x Summit Street planter x Capp 's trail I bench area x x West Coast Hwy Roadsides x Superior X Coast Hwy Parking Lot x N.W. Quadrant - Newport Blvd X Coast Hwy x S.W. Quadrant - Newport Blvd X Coast Hwy x S.E. Quadrant- Newport Blvd X Coast Hwy x Newport Blvd Roadsides x x Mariners Mile Parking Lot x Rocky Point/ Pelican Wall x Dover X Westcliff x Coast Hwy Bay Shore Sound wall x OCTA Bus Stop - Bay Shore Drive X Coast Hwy x Dover Drive Arterials - Westcliff to Mariners x Dover Drive Arterials - (N) Irvine Ave to Mariners x Dover Drive Arterials - (S) Irvine Ave to Mariners x Westcliff Drive Arterial (Groves) x Westcliff Drive X Santiago x 33 ROADSIDES CONTINUED 34 Irrigation g '0 6f6wia., u1�»i Wader M "'q rtlijati drf,,,M,, Groves Bike Trail x Irvine Ave Arterial North of Private Road x Tustin Avenue street end x Port Dunbar Drive Roadside x Sowilass Hill Road Roadsides x San Joaquin Hills Road Roadsides x Coast Hwy - Seaward to Cameo Hi hlands x x Centennial Plaza x Larkspur Street End x x Jasmine Street End x x Fernleaf Ramp x Bayside Drive - Jamboree to Marguerite x x Coast Hwy - Jamboree to Avocado x Coast Hwy - Bayside Drive to Jamboree x Jamboree - Coast Hwy to Bayside x Promontory Bay Plaza x Promontory Point and Channel Walk x Balboa Island Entrance x Balboa Island - Grand Canal Bridge x MacArthur Blvd - Coast Hwy to San Miguel x Balboa Village, Balboa Pier Parking Lot x Entrance to Collins Island x Big Canyon Reservoir along San Miguel x West side of Dover - Coast Hwy to Cliff Drive x Castaways Blufftop Trail x Bayview Way -Across from Fletcher Jones x Polaris slope across from Westcliff Park x Lido/Peninsula Gateway Roadside at Newport Blvd x Via Lido/Short Street x Redlands at Dawnview x 34 APPENDIX G: 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/understanding-your-bill/landscape-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/Meter AllocLoe(ll.i)df Using the Meter and Allocation Log http://www.irwd.com/assets/files/Conservation/usinglog.pdf Landscape Irrigation Adjustment Request Form http://www.irwd.com/assets/files/Conservation/LANDSCAPE%201 R RIGATION%20ADJ USTM ENT %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.irwd.com/alwayswatersmart/weekIV-irrigation-schedule.html 35 �Toj "19 Lei a- It41'Lei AM I ATTACHMENT D. PROPOSAL OFFER FORM Instructions: Proposers maysubmit pricing information on their own forms but this Proposal Offer Form must also be completed, Complete this form, sign, and remit as part of your Proposal as Attachment D. UNIT PRICES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all 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. D. All work shall be performed in accordance with the specifications described in the RFP. E. Plant installation unit prices shall include appropriate amounts of soil amendments and fertilizer tabs. Function Cost Unit 4 . Aerify $ 0 1,000 Square Feet Dethatch/Renovate $ 00 00 Acre Edge $ Ob 1,000 Linear Feet Fertilize $ QO 1,000 Square Feet Flail Mow of Natural Areas $Acre O.Oo Gypsum Application at 251bs $ c20 1,000 Square Feet Mow (Reel Blade) $ 00 1, 000 Square Feet Mow (Rotary Blade) $ '2.(90 1, 000 Square Feet Mow and Clippings Picked Up $ ;z_r 1, 000 Square Feet 4(Page String Trim $ l ® 1,000 Linear Feet Chemical Edge 6" Swath $ 5.0o 1,000 Linear Feet Chemical Edge 12°Swath $ /000 1,000 Linear Feet Sweeping $ m o 1,000 Square Feet HARDSCAPE ��> r� Cleaning and weed abatement $ /Oa 00 1,000 Square Feet 10y R��U 5RSr s x z% t}° ° t i l r Y � Y y vYl H 3 � Edge $ 2 00 1,000 Linear Feet Fertilize $ G 00 1, 000 Square Feet Mow $ 1, 000 Square Feet bat U5 t v s A 5 xu usa i F t �i..`" P k1 Y+t A 'vi iii v X111, jj'}ltia General Weed Control Post Emergent $ S O0 1, 000 Square Feet Groundcoverdisease/insect spray $ 00 1,000 Square Feet Landscape Planter Weed Control $ A-, 0o 1,000 Square Feet Shrub disease/insect spray $ m 00 1,000 Square Feet Soil Sterilant Application $ 00 1,000 Square feet Turf disease/Insect spray Boom Application $ A0 00 1,000 Square Feet Hand Application $ 30,00 1, 000 Square Feet Turf Broadleaf Spray Boom Application $© 00 1, 000 Square Feet Hand Application O0 1,000 Square Feet Turf Pre -Emergent $ �© (go 1,000 Square Feet 5 1 P a g e SHfiUR PRUNING' t ti t Lacing _ 1-4feet $ 00 Shrub 4 ft and higher $ QQ Shrub Hedging 1-4 feet $ 3 Jr Shrub 4 ft and higher $ �, Shrub FULLTREE pRUNING%REMOVALS (Uplo 12"flet), Pruning Tree Removals Tree PLANTIN G' S� d Y t P .Y. 1 Gal. Shrub $ 5 Each 5 Gal. Shrub $ aY 00 Each 15 Gal, Shrub $ q _ 00 Each 15 Gal. Tree with root barriers $ (a Go Each 24" Box Tree with root barriers $ ' ;�O 00 Each 36" Box Tree with root barriers $ 9S' -Cl 00 Each 64 Count Flat Groundcover $ C; 00 Flat Turf- Seed and Top Dress $ 00 1,000 Square Feet Turf -Sod $ © 1,000 Square Feet Hand -spread and rake in City Supplied seed $ 00 1,000 Square Feet LABOR Landscape Maintenance Supervisor 0(9 Hour Pest Control Applicator $ ! S, 00 Hour Irrigation Specialist $ 41 S 00 Hour N Landscape Maintenance Lead worker $ 'S<� 00 Hour Equipment Operator $ 6 � OO Hour Landscape Maintenance Laborer $ g-1 OO Hour Tree Trimmer $ nn Hour 1 -Ton Truck $ ®©o Day Flail mowing at Big Canyon Reservoir 1 $ /an-) nn Service Median, Hardscape or Landscape areas $ 6 00 �O I Service (76 acres) _ 0-2" Mulch at 2" layer I $ �`J~® oO 11, 000 Square Feet ' 0-2" Mulch at 2" layer $ $ Yard Median $1-2 Annual Cost per � Square Foot Roadside $ Annual Cost per 12- Square Foot Newport Coast Sites $ Annual Cost per I Square Foot Utility Sites $/� Annual Cost per Square Foot 71 Page REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 1 ME= Newport Blvd. - PCH to Industrial Way Median Hardscape E 44475 ENIMMEM 1.0 $ 5,807.46 1 Newport Blvd.- PCH to Industrial Way Median Landscape 28725 0.7 $ 3,750.86 2 Newport Blvd. Roadsides Roadside Landscape 266106 6.1 $ 34,747.62 2 Newport Blvd. Roadsides Roadside Hardscape 2694 0.1 $ 351.78 3 N.W. Quadrant- Newport Blvd. X PCH Roadside Hardscape 119178 2.7$ 15,562.04 3 N.W. Quadrant -Newport Blvd. X PCH Roadside Hardscape 31686 0.7 $ 4,137.50 4 N.E. Quadrant- Newport Blvd. X PCH Roadside Hardscape 38222 0.9 $ 4,990.96 4 N.E. Quadrant- Newport Blvd. X PCH Roadside Landscape 33901 0.8 $ 4,426.73 5 S.W. Quadrant -Newport Blvd. X PCH Roadside Landscape 27255 0.6 $ 3,558.91 5 S.W. Quadrant- Newport Blvd. X PCH Roadside Hardscape 14348 0.3 $ 1,873.54 6 S.E. Quadrant- Newport Blvd. X PCH Roadside Landscape 17209 0.4 $ 2,247.12 6 S.E. Quadrant- Newport Blvd. X PCH Roadside Hardscape 10159 0.2 $ 1,326.54 7 PCH- Santa Ana River to Tustin Ave. Median Hardscape 62435 1.4 $ 8,152.65 7 PCH- Santa Ana Riverto Tustin Ave. Median Landscape 25905 0.6 $ 3,382.63 8 PCH- Santa Ana river to Newport Blvd. Roadside Hardscape 85533 2.0 $ 11,168.74 8 PCH- Sa nta Ana river to Newport Blvd. Roadside Landscape 514631 1.2 $ 6,719.94 9 Cappys trail/bench area Roadside Landscape 7744 0.21S 11011.20 9 Cappys trail/bench area Roadside Hardsca a 970 0.0 $ 126.66 30 Summit St. planter Roadside Hardscape 1295 0.0 $ 169.10 10 Summit St. planter Roadside landscape 770 0.01s 100.55 11 River Ave. planters -47th to 54th Roadside Hardscape 22873 0.5'$ 2,986.71 11 River Ave. planters -47th to 54th Roadside Landscape 8179 0.2 $ 1,068.00 12 OCTA Bus Stop - Balboa Blvd. X 46th Roadside Hardscape 1110 0.0 $ 144.94 12 OCTA Bus Stop- Balboa Blvd. X 46th Roadside Turf 1096 0.0 $ 143.11 13 OCTA Bus Stop- Balboa Blvd. X River Roadside Landscape 1331 0.0 $ 173.80 13 OCTA Bus Stop- Balboa Blvd. X River Roadside Hardscape 1184 0.0 $ 154.60 14 Balboa Blvd. - PCH to 24th St. Median Hardscape 621 0.0 $ 8.10 14 Balboa Blvd. - PCH to 24th St. Median lHardscape 37.67 0.0 $ 4.92 14 Balboa Blvd. - PCH to 24th St Roadside Hardscape 134511 0.3 $ 1,756.41 14 Balboa Blvd. - PCH to 24th St. Roadside Landscape 17171 0.4 $ 2,242.16 14 Balboa Blvd. - PCH to 24th St. Roadside Landscape 13936 0.3 $ 1,819.74 14 Balboa Blvd. - PCH to 24th St. .Roadside Hardscape 3619 0.1 $ 472.56 15 37th -Sonora St. street ends off Seashore Roadside Hardscape 11696 0.3 $ 1,527.24 15 37th- Sonora St. street ends off Seashore Roadside Landscape 6974 0.2 $ 910.65 16 Newport Island entrance planters Roadside Turf 2596 0.1 $ 338.98 16 Newport Island entrance planters Roadside Landscape 1401 0.0 $ 182.94 16 Newport island entrance planters Roadside Hardscape 13801 0.0 $ 180.20 17 28th & 30th St. Parking Lots IRoadside lHardscape 29162 0.7. $ 3,807.92 17 28th & 30th St. Parking Lots Roadside Landscape 3352 01 $ 437.70 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS Is 18 M• McFadden Interchange Medians Median Turf y 12851 0.3 $ 1,678.06 18 McFadden Interchange Medians Median Hardscape 2795 0.1 $ 364.97 18 McFadden Interchange Medians Median landscape 1841.1 0,0 $ 240.39 19 McFadden Parking Lot Roadside Hardscape 28389 0.7 $ 3,706.98 19 McFadden Parking Lot Roadside Turf 5045 0.1,$ 658.77 19 McFadden Parking Lot Roadside Landscape 4298 0.11s 561.22 20 Balboa Blvd.- Medina Way to 21st St Median Hardscape 26510 0.6 $ 3,461.63 20 Balboa Blvd. - Medina Way to 21st St. Median Hardscape 9892 0.2 $ 1,291.68 21 Palm St and Balboa Blvd. Parking Lot Roadside Hardscape 33382 0.8 $ 4,358.96 21 Palm St. and Balboa Blvd. Parking Lot Roadside Landscape 3056 0.1 $ 399.05 22 Balboa Village Roadside Hardscape 3398511 7.8 $ 44,377.11 22 Balboa Village Roadside Landscape 226051 0.5 $ 2,951.72 22 Balboa Village Roadside Turf 813 0.0 $ 106.16 23 Balboa Blvd, and "A" Street Median Landscape 186 0.0 $ 24.29 24 Balboa Blvd J1 B, Ave. Parking Lot Palms Roadside Landscape 1790 0.0 $ 233.73 24 Balboa Blvd %Bi Ave. Parking Lot Palms Roadside Hardscape 303 0.0 $ 39.57 25 G St. X Balboa Blvd. Median Landscape 2486 0.1 $ 324.62 26 Miramar Dr. and Balboa Blvd. Roadside Turf 2449 0.1 $ 319.79 26 Miramar Dr. and Balboa Blvd. Roadside Hardscape 2229. 0.1 $ 291.06 26 Miramar Dr. and Balboa Blvd. Roadside Landscape 618 0.0 $ 80.70 27 1 St. Median Roadside Landscape 617 0.0 $ 80.57 28 M St. Median Median Turf 2620 0.1 $ 342.11 28 M St Median Median Hardscape 2324 0.1 $ 303.46 29 "U'St. Street end - oceanside Roadside Landscape 1726 0.0 $ 225.38 29 "l"St. Street end - oceanside Roadside Hardscape748 0.0 $ 97.67 30 "M" St. St. Street end - oceanside Roadside Landscape 33801 0.1 $ 441.35 30 "M" St. St. Street end - oceanside Roadside Hardscape 617 0.0 $ 80.57 31 "1" St. Street end - bayside Roadside Landscape 605 0.0 $ 79.00 31 "1" St. Street end - bayside Roadside Hardscape 419 0.0 $ 54.71 32 "F" St. Street end - bayside Roadside Landscape 1245 0.0 $ 162.57 32 "F" St Street end - bayside Roadside Hardscape 153 0.0 $ 19.98 33 11st St. Street end - bayside Roadside Landscape 1706 0.0 $ 222.77 34 12th St. Street end - bayside Roadside Landscape 2657 0.1 $ 346.95 35 13th St. Street end - bayside Roadside IlLandscape 2340 0.11 305.55 35 13th St. Street end - bayside Roadside Hardscape 280 0.0 $ 36.56 36 Santa Ana Heights Trail Trail Hardscape 46829 1.1 $ 6,114.84 37 19th St. Street end - bayside Roadside Hardscape 595 0.0 $ 77.69 37 19th St. Street end - bayside Roadside Landscape 359 0.0 $ 46.88 38 Cannery Uillage Parking Lot Roadside Hardscape 14226 0.3 $ 11857.60 38 Cannery Village Parking Lot Roadside Landscape 2704 0.1 $ 353.08 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 1 a 39 Villa Way X 29th St. Median Landscape s 925. 0.0 $ 12078 39 Villa Way X 29th St. Median Hardscape 585 0.0 $ 76.39 40 Newport Blvd. X Via Lido Median Hardscape 4814 0.1 $ 628.60 40 Newport Blvd. X Via Lido Median Landscape 803 0.0 $ 41 Via Lido -Newport Blvd. to Via Operto Median Hardscape 1797 0.0 $ 104.85 41 Via Lido - Newport Blvd. to Via Operto Median Landscape 1156 0.0 $ 234.65 150.95 42 Via Oporto X Central Parking Lot Roadside Hardscape 12043 0,3 $ 42 Via Oporto X Central Parking lot Roadside Landscape 989 0.0 $ 1,572.55 129.14 43 Gateway Roadside -Npt. Blvd. and Via Lido Roadside Hardscape 3147 0.1 $ 43 Gateway Roadside - Npt. Blvd. and Via Lido Roadside Landscape 2075 0.0 $ 410.93 43 Gateway Roadside -Npt. Blvd. and Via Lido Roadside Turf 1175 0.0 $ 270-- 44 Gateway Roadside- Npt. Blvd. and Short St. Roadside Hardscape 3355 0.1 $ 153.43 44 Gateway Roadside - Npt. Blvd. and Short St. Roadside Landscape 3084 0.1 $ 438.04 44 Gateway Roadside - N t. Blvd. and Short St. Roadside Turf 402.70 2703 0.1 $ 352.95 45 Short St. X Newport Blvd, Roadside Roadside Landscape 5485 0.1 $ 46 Clubhouse X Finle Median landscape 842 0.0 $ 716.22 109.95 46 Clubhouse X Finley Median Landscape 829 0.0 $ 108.25 47 PCH roadside, inside, Tustin.Ave: Riverside Dr. Roadside Hardscape 3813 0.1 $ 47 PCH roadside, n.side, Tustin Ave: Riverside Dr. Roadside Landscape 690 0.0 $ 497.89 48 Mariners Mile Parking Lot Roadside Hardscape 56908 1.3 $ 90.10 48 Mariners Mile Parkin Lot Roadside Landscape 5482 0.1 $ 7,430.94 49 St. James Road X Kings Place Median Turf 715.83 1077 0.0 $ 140.63 49 St. James Road X Kings Place Median Landscape 467 0.0 $ 60.98 50 Margaret Dr. between Tustin & Irvine Median Landscape 323 0.0 $ 51 Westcliff Dr.- Irvine Ave to Dover Median Hardscape 6179 0.1 $ 42.18 51 Westcliff Dr. - Irvine Ave to Dover Median Landscape 5686 0.1 $ 806.84 52 Triangular median-WestcliffXDover Median Turf 742.47 3576 0.1 $ 466.95 52 Triangular median - Westcliff XDover Median Hardscape 1155 0.0 $ 52 Triangular median - WestcliffXDover Median Landscape 150.82 408 0.0 $ 53.28 53 Dover Dr. - Westcliff to PCH Median Hardscape 19761 0.5 $ 53 Dover Dr.- Westcliff to PCH Median Landscape 18130 0.4 $ 2,580.35 2,367.38 54 over Roadside - Cliff Dr. to PCH Roadside Hardscape 12540 0.3 $ 54 Dover Roadside - Cliff Dr. to PCH Roadside Landscape 5985 0.1 $ 1,637.45 55 O.C.T. Bus Stop - Bayshore Dr. X PCN Roadside Landscape 6166 0.1 $ 781.51 55 O.C.T. Bus Stop - Bayshore Dr. X PCH Roadside Hardscape 6122 0.1 $ 805.14 799.40 56 Dover Westcliff 'Roadside Turf 22019 0.5 $ 56 DoverXWestcliff Roadside Hardscape 5830 0.1 $ 2,875.20 57 Westcliff Dr. Arterial (Groves) Roadside Landsca a 28975 0.7 $ 761.27 57 Westcliff Dr. Arterial (Groves) lRoadside IHardscpe 7177 0.2 $ 3,783.50 937.16 0 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 58 r ♦ Westcliff Dr. X Santiago Roadside Turf r 2019 !B$ r 263.64 58 Westcliff Dr. X Santiago Roadside Hardscape 1285 0.0 $ 167.79 58 Westcliff Dr. X Santiago Roadside Landscape 246 0.0 $ 32.12 59 Groves Bike Trail and Polaris Slope Roadside Landscape 82428 1.9 $ 10,763.29 59 Groves Bike Trail and Polaris Slope Roadside Hardscape 20944 0.5 $ 2,734.83 59 .Groves Bike Trail and Polaris Slope Roadside Turf 2620 0.1 $ 342.11 60 Castaways Blufftop Trail Roadside Hardscape 31894 0.7 $ 4,164.66 60 Castaways Blufftop Trail Roadside Landscape 30235 0.7 $ 3,948.03 61 Dover Dr. Arterials -(N) Westcliff to Irvine Ave Roadside Landscape 58292 1.3 $ 7,611.66 61 Dover Dr. Arterials -(N) Westcliff to Irvine Ave Roadside Hardscape 2240 0.1 $ 292.50 62 Dover Dr. Arterials -(S) Westcliff to Irvine Ave Roadside Landscape 82787 1.9 $ 10,810.17 62 Dover Dr. Arterials -(S) Westcliff to Irvine Ave Roadside Hardscape 10251 0.0 $ 133.84 63 Irvine Ave. - Westcliff to Holiday Road Median Landscape 50906 1.2 $ 6,647.21 63 Irvine Ave.- Westcliff to Holiday Road Median Hardscape 25811 0.6 $ 3,370.35 64 Irvine Avenue- Santiago to University Median Turf 43924 1.0 $ 5,735.51 64 Irvine Avenue- Santiago to University Median Hardscape 17638 0.4 $ 2,303.14 64 Irvine Avenue- Santiago to University Median Landscape 231 0.0 $ 30.16 65 Irvine Ave. Arterial N of Private Road Roadside Turf 9849 0.2 $ 1,286.06 65 Irvine Ave. Arterial N of Private Road Roadside Hardscape 2486 0.1 $ 324.62 66 Tustin Avenue Street end Roadside Landscape 2576 0.1 $ 336.37 67 Anniversary Lane Roadside Roadside Landscape 18890 0.4 $ 2,466.62 68 Irvine Ave., Mesa Dr. to Orchard Roadside Landscape 198251 0.5 $ 2,588.71 68 Irvine Ave., Mesa Dr. to Orchard Roadside Hardscape 7234 0.2 $ 944.60 68 Irvine Ave., Mesa Dr. to Orchard Median Landscape 5124 0.1 $ 669.08 68 Irvine Ave., Mesa Dr. to Orchard Median Hardscape 3016 0.1 $ 393.82 69 Jamboree -Campus to PCH Median Turf 124219 2.9 $ 16,220.28 69 Jamboree -Campus to PCH Median Hardscape 85814 2.0 $ 11,205.43 69 Jamboree -Campus to PCH Median Landscape 46171 1.1 $ 6,028.92 70 Bayview, e. Jamboree Rd. Roadside Landscape 13668 0.3 $ 1,784.74 70 Bayview, e. Jamboree Rd. Roadside Hardscape 35341 0.1 $ 461.46 71 University Dr -Jamboree to MacArthur Median Hardscape 6138 0.1 $ 801.49 71 University Dr- Jamboree to MacArthur Median Turf 4932 0.1 $ 644.01 72 Vista Del sol Median Turf 11927 0.3 $ 1,557.41 72 Vista Del sol Median Landscape 6701 0.2 $ 875.00 73 Jamboree Big Canyon Roadside Roadside Landscape 14947 0.3 $ 1,951.75 73 Jamboree Big Canyon Roadside Roadside Hardscape 10723 0.2 $ 1,400.19 74 Jamboree - PCH to Bayside Roadside Landscape 4774 0.1 $ 623.38 74 Jamboree -PCH to Ba side Roadside Hardscape 4934 0.1 $ 644.27 75 Entrance to Balboa Island Roadside Hardscape 2223 0.1 $ 290.28 75 1 Entrance to Balboa Island Roadside landscape 894 0.0 $ 116.74 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 76 Balboa Island - Grand Canal Bridge Roadside Landscape 875"C)$ 114.26 76 Balboa island- Grand Canal Bridge Roadside Hardscape 334 0.0 $ 43.61 77 Park Avenue and Marine Ave. planter Median '.Landscape 24250 0.6 $ 3,166.52 77 Park Avenue and Marine Ave. planter Median 'Hardscape 4577 0.1 $ 597.66 77 Park Avenue and Marine Ave. planter Roadside Hardscape 200 0.0 $ 26.12 77 Park Avenue and Marine Ave. planter Roadside '.Landscape 120 0.0 $ 15.67 78 Entranceto Collins island/Park Ave. Roadside Landscape 439 0.0 $ 57.32 78 Entrance to Collins island/Park Ave. Roadside lHardscape 308 0.0 $ 40.22 79 San Joaquin- Backbay Rd. to Spyglass Median ITurf 117915 2.7 $ 15,397.12 79 San Joaquin- Backbay Rd. to Spyglass Median Hardscape 55751 1.3 $ 7,279.86 79 San Joaquin - Backbay Rd. to Spyglass Median Landscape 422.6111.0 $ 5,518.36 80 San Joaquin Arterials- Crown Dr. to Spyglass Roadside Landscape 80668 1.9 $ 10,533.48 80 San Joaquin Arterials- Crown Dr. to Spyglass Roadside Turf 51691 1.2 $ 6,749.71 80 San Joaquin Arterials - Crown Dr. to Spyglass Roadside Hardscape 47443 1.1 $ 6,195.02 81 Spyglass Hili Road Roadsides Roadside Landscape 60881 1.4 $ 7,949.73 81 Spyglass Hill Road Roadsides Roadside lHardscape 58091 1.3 $ 7,585.41 81 Spyglass Hill Road Roadsides Roadside Turf 27541 0.6 $ 3,596.25 82 Port Dunbar Drive Roadside Roadside Turf 257911 0.6 $ 3,367.74 82 Port Dunbar Drive Roadside Roadside Hardscape 19887 0.5 $ 2,596.81 83 Ford Rd. -MacArthur to Hillside Dr. Median Turf 25313 0.6 $ 3,305.32 83 Ford Rd.-MacArthurto Hillside Dr. Median Hardscape 8609 0.2 $ 1,124.15 84 Bonita Canyon Road- MacArthurto the 73 Median Landscape 55656 1.3 $ 7,267.46 84 Bonita Carryon Road- MacArthurto the 73 Median Hardscape 21295 0.5 $ 2,780.66 85 San Miguel- Ford Road to Avocado Median Turf 78931 1.8 $ 10,306.66 85 San Miguel- Ford Road to Avocado Median Hardscape 25962 0.6 $ 3,390.07 85 San Miguel- Ford Road to Avocado Median Landscape 1483 0.0 $ 193.65 86 San Miguel -Big Canyon Reservoir Roadside Landscape 13173 0.3 $ 1,720.11 86 San Miguel -Big Canyon Reservoir Roadside Hardscape .5346 0.1 $ 698.07 87 Avocado -Waterfront to PCH Median Landscape 13240 0.3 $ 1,728.85 87 Avocado -Waterfront to PCH Median Turf 9863 0.2 $ 1,287.89 87 Avocado -Waterfront to PCH Median Hardscape 373 0.0 $ 48.71 88 Promentory Bay Plaza/Harbor Island Dr. areas Roadside Hardscape 9231. 0.2 $ 1,205.37 88 Promentory Bay Plaza/Harbor Island Dr. areas Roadside Landscape 3103 0.1 $ 405.18 89 Promentory Point & Channel Walk Roadside lHardscape 12333 0.3 $ 1,610.42 89 Promentory Point & Channel Walk Roadside Landscape 11262 0.3 $ .1,470.57 90 OASIS Senior Center Roadside Landscape 86297 2.0 $ 11,268.50 90 OASIS Senior Center Roadside Hardscape 81197 1.9 $ 10,602.55 90 OASIS Senior Center Roadside Turf 2549 0.1 $ 332.84 91 Bayside Drive- Jamboree to Marguerite Roadside Landscape 118552 2.7 $ 15,480.30 91 lBayside Drive- Jamboree to Marguerite Roadside Hardscape 10441 0.2 $ 1,363.37 IZ REFERENCETABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 92 CdM Centennial Plaza Roadside Hardscape 2827 0.1 $ 369.14 92 CdM Centennial Plaza Roadside Landscape 8541 0.0 $ 111.51 93 Larkspur Street End Roadside Hardscape 20721 0.0 $ 270.56 93 Larkspur Street End Roadside Landscape 1911 0.0 $ 249.53 94 Jasmine Street End Roadside Turf 1999 0.0 $ 261.03 94 Jasmine Street End Roadside Hardscape 944 0.0 $ 123.27 94 Jasmine Street End Roadside Landscape 422 0.0 $ 55.10 95 Fernleaf Ramp and Median Roadside ILandscape 8493. 0.2 $ 1,109.00 95 Fernleaf Ramp and Median Median Landscape 1895 0.0 $ 247.45 95 Fernleaf Ramp and Median Roadside Turf 18671 0.0 $ 243.79 95 Fernleaf Ramp and Median Roadside Hardscape 1373 0,0 $ 179.28 95 Fernleaf Ramp and Median Median Hardscape 516 0.0 $ 67.38 96 PCH- Seaward to Morning Canyon Roadside Landscape 7419 0.2 $ 968.76 96 PCH -Seaward to Morning Canyon Roadside Hardscape 5193 0.1 $ 678.09 97 PCH - Pelican Point, East Entry Sign Area Roadside Landscape 493 0.0 $ 64.38 98 PCH - Pelican Point Dr. to MacArthur Median Landscape 52998 1.2 $ 6,920.38 98 PCH- Pelican Point Dr. to MacArthur Median lHardscape Z45821 0.6 $ 3,209.87 99 MacArthur - PCH to Bowsprit Dr. Median Landscape 1491331 3.4 $ 19,473.51 99 MacArthur- PCH to Bowsprit Dr. Median Hardscape 109126 2.5 $ 14,249.47 100 MacArthur - PCH to San Miguel Roadside Landscape 51916 1.2 $ 6,779.09 100 MacArthur -PCH to San Miguel Roadside Hardscape 18638 0.4 $ 2,433.72 101 MacArthur -opposite Nature Park Roadside Hardscape 3774 0.1 $ 492.80 101 MacArthur -opposite Nature Park Roadside Landscape 976 0.0 $ 127.44 102 Corinthian Way, W. of MacArthur Median Landscape 1123 0.0 $ 146.64 102 Corinthian Way, W. of MacArthur Median Hardscape 2871 0.0 $ 37.48 103 Newport Place Dr., W. of MacArthur Median Turf 5063 0.1 $ 661.12 103 Newport Place Dr., W. of MacArthur Median Landscape 1178 0.0 $ 153.82 103 Newport Place Dr., W. of MacArthur Median Hardscape 508 0.0 $ 66.33 104 N. Bristol Ave, Jamboree Rd. t Irvine Ave. Roadside Landscape 40290 0.9 $ 5,260.99 104 N. Bristol Ave, Jamboree Rd. l Irvine Ave. Roadside Hardscape 1059 0.0 $ 138.28 105 South Bristol Roadside Landscape 49357 1.1 $ 6,444.94 105 South Bristol Roadside lHardscape 48791 0.1 $ 637.09 105 PCH- MacArthur to Bayside Dr. Median Landscape 68512 1.6 $ 8,946.17 105 PCH- MacArthur to Bayside Dr. Median Hardscape 54770 1.3 $ 7,151.76 106 PCH - Ba side Drive to Jamboree Roadside Hardscape 22558 0.5 $ 2,945.58 106 PCH- Bayside Drive to Jamboree Roadside Landscape 627 0.0 $ 81.87 PCH-Jamboree to Avocado Roadside Landscape 66873 1.5 $ 8,732.15 [07 PCN- Jamboree to Avocado Roadside Hardscape 48407 1.1 $ 6,320.90 PCH Bayshore Soundwall Roadside Hardscape 11987 0.3 $ 1,565.24 PCH Bayshore Soundwall I Roadside ILandscape 41851 0.1 $ 546.47 Z REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 11 109 "' + Rocky Point/Pelican Wall IMMMm Roadside Hardscape 2968 0.1 a $ 387.56 109 Rocky Point/Pelican Wall Roadside Landscape 1009 0.0 $ 131.75 110 SuperiorX PCH Parking Lot Roadside Hardscape 52371 1.2 $ 6,838.51 110 SuperiorX PCH Parking Lot Roadside Landscape 30972 0.7 $ 4,044.27 110 Superior X PCH Parking Lot Roadside Turf '9456 0.2 $ 1,234.75 111 Superior Medians- PCH to industrial Way Median Landscape 27174 0.6 $ 3,548.33 111 Superior Medians- PCH to industrial Way Median Hardscape 13336 0.3 $ 1,741.39 112 Harbor Watch Park Roadside Landscape 62641 1.4 $ 8,179.54 112 Harbor Watch Park Roadside Hardscape 41741 0.1 $ 545.03 113 Canyon Watch Park Roadside Landscape 145868 3.3 $ 19,047.17 113 Canyon Watch Park Roadside Hardscape 30202 0.7 $ 3,943.72 114 San Joaquin -Spyglass Hill Rd. to Npt. Coast Dr. 'Median Landscape 118595 2.7 $ 15,485.91 114 San Joaquin -Spyglass Hill Rd. to Npt. Coast Dr. 'Median Hardscape 30651 0.7 $ 4,002.35 115 San Joaquin - Spyglass Hill Rd, to Npt. Coast Dr. Roadside Landscape 331409 7.6 $ 43,274.77 115 San Joaquin -Spyglass Hill Rd. to Npt. Coast Dr. Roadside Hardscape 116860 2.7 $ 15,259.36 115 San Joaquin -Spyglass Hill Rd. to Npt Coast Dr. Roadside Turf 6464 0.1 $ 844.06 117 Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. 5. Roadside Landscape 1147077 26.3 $ 149,783.17 117 Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S. Roadside Hardscape 161397 3.7 $ 21,074.92 116 Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S. Median ILandscape 158922 3.6 $ 20,751.74 116 Npt. Coast Dr. - 73 toll Rd. to Pelican HIII Rd. S. Median Hardscape 48340 1.1 $ 6,312.15 117 Npt. Coast Dr. -73 toll Rd. to Pelican Hill Rd. S. Roadside Turf 2304 0.1 $ 300.85 118 Npt.. Coast Dr. - Lower View Park Roadside Landscape 150466 3.5 $ 19,647.57 118 Npt. Coast Dr. - Lower View Park Roadside Hardscape 25996 0.6 $ 3,394.51 118 Npt Coast Dr. - Lower View Park Roadside Landscape 9383 0.2 $ 1,225.21 119 Npt Coast Dr. - Mid View Park Roadside Landscape 49202 1.1 $ 6,424.71 119 Npt. Coast Dr. -Mid View Park Roadside Hardscape 1260 0.0 $ 164.53 120 Npt. Coast Dr. - Upper View Park Roadside Landscape 38148 0.9 $ 4,981.29 120 Not. Coast Dr. - Upper View Park Roadside Hardscape 2148 0.0 $ 280.48 122 Pelican Hill Rd. N. to Pelican Hill Circle S. Roadside Landscape 478290 1110 $ 62,454.21 122 Pelican HIII Rd. N. to Pelican HIII Circle S. Roadside Hardscape 37702 0.9 $ 4,923.06 122 Pelican Hill Rd. N. to Pelican Hill Circle S. Roadside Turf 36041 0.1 $ 470.60 121 Pelican Hill Rd. N. to Pelican Hill Circle S. Median Hardscape 2011 0.0 $ 262.59 121 Pelican Hill Rd. N. to Pelican Hill Circle S. Median Landscape 1329 0.0 $ 173.54 123 Vista Ridge Rd. - Npt. Coast to Ridge Park Rd. Roadside Landscape 532557 12.2 $ 69,540.30 123 Vista Ridge Rd. - Npt. Coast to Ridge Park Rd. Roadside Turf 141765 3.3 $ 18,511.41 123 Vista Ridge Rd. - Npt. Coast to Ridge Park Rd. Roadside Hardscape 34647 0.8 $ 4,524.14 124 Ridge Park Rd. - E. of Vista Ridge to Ridge Park Roadside Landscape 384827 8.8 $ 50,249.99 124 Ridge Park Rd. - E. of Vista Ridge to Ridge Park Roadside Hardscape 21274 0.5 $ 2,777.92 124 Ridge Park Rd. - E. of Vista Ridge to Ridge Park Roadside Turf 1859 0.0 $ 242.74 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 125 Ridge Park Rd.- Npt. Coast Dr. to San Joaquin Median Hardscape 4850 0.1 $ 633.30 125 Ridge Park Rd. - Npt. Coast Dr. to San Joaquin Median Landscape 4116 0.1 $ 537.46 126 Ridge Park Rd. - Npt. Coast Dr. to San Joaquin Roadside Landscape 15331 0.4 $ 2,001.89 126 Ridge Park Rd. - Npt Coast Dr. to San Joaquin Roadside Hardscape 7524 0.2 $ 982.47 126 Ridge Park Rd. - Npt Coast Dr. to San Joaquin Roadside Turf 10878 0.2 $ 1,420.43 127 Newport Coast Community Center Roadside Hardscape 71272 1.6 $ 9,306.56 127 Newport Coast Community Center Roadside Landscape 38401 0.9 $ 5,014.33 127 Newport Coast Community Center Roadside ITurf 192571 0.4 $ 2,514.54 128 Newport Coast Fre Station Roadside Landscape 18087 0.4 $ 2,361.77 128 Newport Coast Fre Station Roadside Hardscape 15314 0.4 $ 1,999.67 128 Newport Coast Fre Station Roadside Turf 815 0.0 $ 106.42 129 Big Canyon Reservoir Roadside Landscape 868460 19.9 $ 113,401.88 129 Big Canyon Reservoir Roadside Hardscape 199676 4.6 $ 26,073.32 130 Pump Station -Goleta Point Dr. Roadside Landscape 1094 0.0 $ 142.85 130 Pump Station -Goleta Point Dr. Roadside Hardscape 4061 0.0 $ 53.01 131 Pump Station- Santa Barbara Dr. Roadside Landscape 9408 0.2 $ 1,228.48 131 PumpStation - Santa Barbara Dr. Roadside Hardscape 2765 0.1 $ 361.05 132 Oil Wells Roadside Landscape 533848 12.3 $ 69,708.87 133 Tamura Well Site - FV Roadside Landscape 2657 0.1 $ 346.95 133 Tamura Well Site - FV Roadside Hardscape 1041 0.0 $ 135.93 134 Dolphin Well Site - FV Roadside Landscape 7120 0.2 $ 929.72 134 Dolphin Well Site - FV Roadside Hardscape 29031 0.1 $ 379.07 Redlands at Dawnview Roadside Landscape 1528 0.0 $ 199.52 Redlands at Dawnview Roadside Hardscape 532 0.0 $ 69.54 110110801 252.8 $ 1,440,000.00 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). 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 Agreement, including coverage for any owned, hired, non -owned or rented Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Pollution Liability Insurance. If required, Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims - made policies require a 5 -year extended reporting period. 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, products and completed operations, 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. 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. Page C-2 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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. 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, Page C-3 or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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 subconsultant 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. 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: 10/10/14 Dept./Contact Received From: Joan Date Completed: 10/10/14 Sent to: Joan By: Chris Company/Person required to have certificate: Park West Landscape Maintenance Services Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/14-10/1/15 A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Company B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (Far Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N 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 negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/14-10/1/15 A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Company B. AM BEST RATING (A-: VII or greater) A+; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N 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 (Far Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/14-10/1/15 A. INSURANCE COMPANY: Liberty Insurance Corporation B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): M Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory M Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? M Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: M N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 10/10/14 Date M N/A ❑ Yes ❑ No L►51�■ID RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract.