Loading...
HomeMy WebLinkAboutC-3569 - Contractor Agreement for Landscape Maintenance Services in the Newport Coast AreaAMENDMENT NO. TWO TO CONTRACT SERVICES AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE SERVICES rn FOR NEWPORT COAST THIS AMENDMENT NO. TWO TO CONTRACT SERVI,%&AGREEMENT J ( "Amendment No. Two "), is entered into as of this ( day of SeVJJem r, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and Park West Landscape Mainteannce, Incorporated, a California corporation whose address is 22421 Gilberto Suite A, Rancho Santa Margarita, CA 92688 ( "Contractor "), and is made with reference to the following: RECITALS: A. On September 25, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services to the Newport Coast Area ( "Agreement'). B. On September 14, 2010, City and Contractor entered into Amendment No. One to Contractor Agreement. C. Contractor provides landscaping and maintenance services to the Newport Coast area, including approximately 65 acres of evergreen slopes; 13 acres of roadway medians and parkways; 14 acres of nature parks; and the landscaped areas surrounding the Newport Coast Community Center and Newport Ridge Fire Station ('Project'). D. In an effort to reduce City expenditures, Contractors were asked to reduce costs and decrease the frequency of certain services. E. City desires to enter into this Amendment No. Two to extend the term of the current agreement for a period of one month. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended and the following added: Notwithstanding the foregoing, the term of this agreement is hereby extended through November 30, 2012. 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Four Hundred Fifty Five Thousand Dollars and no /100 ($455,000.00) per -1- Agreement year without prior written authorization from City ( "Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects Contractors reduction in rates for a total of One Hundred Eleven Thousand Nine Hundred and Eighty Dollars and 70/100 ($111,980.70) per Agreement year. 2.2 For all work and services performed by Contractor during the month of N ^v` 1.11ber 2v1 the 1s ivtai uiiipeilJailVil paid VY l [L t0 %iolLLltlLAO ,11 not exceed Forth Thousand Dollars and 00/100 ($40,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] -2- IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two on the date first above written. APPROVED AS TO FORM: OFFICE OFT CI AT ORNEY By: Aa on Harp 'Cify Attorney ATTEST: By: &691 t . Leilani I. Brown City Clerk �6 14 Attachments: CITY OF NEWPORT BEACH, A California Municipal Corporation By: ave Kiff City Manager CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC., a California Corpora ' n : �4 By: Division President By: 4;, [END OF SIGNATURES] -3- AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE SERVICES FOR NEWPORT COAST THIS AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT ( "Amendment No. One "), is entered into as of this 14 day of September, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation whose address is 22421 Gilberto Suite A, Rancho Santa Margarita, CA 92688 ( "Contractor "), and is made with reference to the following: RECITALS: A. On September 25, 2007 City and Contractor entered into an Agreement for landscaping and maintenance services to the Newport Coast Area ( "Agreement'). B. Contractor provides landscaping and maintenance services to the Newport Coast area, including approximately 65 acres of evergreen slopes; 13 acres of roadway medians and parkways; 14 acres of nature parks; and the landscaped areas surrounding the Newport Coast Community Center and Newport Ridge Fire Station ( "Project'). C. In an effort to reduce City expenditures, Contractors were asked to reduce costs and decrease the frequency of certain services. D. City desires to enter into this Amendment No. One to reflect the negotiated reduced costs agreed upon between the parties, as provided herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Section 2 of the Agreement be amended hereby by replacing Exhibit C with the Exhibit C attached hereto and incorporated herein. 2. COMPENSATION Section 6 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay to Contractor an amount not to exceed Four Hundred Fifty Five Thousand Dollars and no /100 ($455,000.00) per Agreement year without prior written authorization from City ( "Total Amended Annual Compensation "). Contractor shall submit invoices to City on a monthly Exhibit A Page 11 3. basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the Agreement. 2.1 The Total Amended Annual Compensation reflects Contractors reduction in rates for a total of One Hundred Eleven Thousand Nine Hundred and Eighty Dollars and 70/100 ($111,980.70) per Agreement year. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] Exhibit A Page 12 ATTEST: By. a t P Leilani 1. Brown City Clerk �— � S APPROVED AS TO FORM: 9li`FORC� OFFICE OF THE CITY ATTORNEY ByL—jj Leonie Mulvilhill Assistant City Attorney CITY OF NEWPORT BEACH, A California Municipal Corporation By: —1011w�;z Keith Curry Mayor CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC., a California Corporation By: Name 4A-1144 Title ,sole,a, i'wspp,,T By' ame Title�� ao 9�- [END OF SIGNATURES] Attachments: Exhibit C — Maintenance Frequency Schedule Exhibit A Page 13 EXHIBIT C Maintenance Frequency Schedule FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Three times /year Vertical Mow Once /year— including seeding and topdress Aerate Twice /year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Three times /year Pest and Weed control As needed Visual Inspection Weekly Pre - emergent herbicide Three times /year Shrub, Vine, and Tree Maintenance Trim Four times /year Fertilize Twice /year (once /year for trees) Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Pre - emergent herbicide Three times /year Hardscape Maintenance Each site visit/weekly min. Grounds Policing /Litter Removal Six days /week Site Inspection Six days /week The City Administrator and Contractor may agree to a modification of this Schedule. Exhibit A Page 14 - - CONTRACT SERVICE AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES TO NEWPORT COAST THIS AGREEMENT, entered into this 25`' day of September, 2007, ( "Commencement Date ") by and between the City of Newport Beach, a Municipal Corporation and Charter City ("City"), and Park West Landscape Maintenance Incorporated, a California corporation whose address is 22421 Gilberto Suite A, Rancho Santa Margarita, California, 92688 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. in January 2002, City annexed the area referred to as Newport Coast. The City intends to have landscape maintenance services performed in the area accepted for maintenance by the City. C. Subsequently, City determined it to be in the City's best economic interests that these landscaping and maintenance functions be performed by a private contractor. D. City desires to engage Contractor to provide landscaping and maintenance services to the Newport Coast area, including approximately 65 acres of evergreen slopes; 13 acres of roadway medians and parkways; 14 acres of nature parks; and the landscaped areas surrounding the Newport Coast Community Center and Newport Ridge Fire Station (hereinafter referred to the -project.") E. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render landscape and maintenance services under the terms and conditions set forth in this Agreement. G. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. H. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services, and has committed to perform all required work for the pri ce specified in this Agreement NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless earlier terminated in accordance with Section 26 of this Agreement, the Term of this Agreement shall be for a period of two (2) years. The term shall commence on November 1, 2007, after City Council approval of this contract, and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for three (3) additional one (1) year teams (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement 2. SCOPE OF Vf) K A. In compliance with all terms and conditions of this Agreement, Contractor shall perform the landscape and maintenance services specifically described in, and in strict compliance with the requirements of Exhibit A (Scope of Work), which services may be referred to herein as the "services" or "work" hereunder, at the locations noted by Exhibit B. The services shall be performed at least as frequently as specified in Exhibit C. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contractor services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit D. Reports shall be submitted by the Contractor in accordance with Exhibit E. Bid Unit Prices and Costs are contained in Exhibits F and G. A map of the areas to be maintained by Contractor pursuant to this Agreement is attached as Exhibit H. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement in full by reference. B. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first -class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. �l 3. WORKMANSHIP. SUPERVISION. AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the contract services. The Contractor shall comply with all State and Federal legal requirements regulating the right to work in the United States of America to ensure that all members of the work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. B. All contract services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be performed by a certified California Landscape Contractors Association, Certified Landscape Technician I (Irrigation). All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (in addition to irrigation and pesticide specialists) necessary to properly perform contract services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. At a minimum, Contractor shall provide, in addition to one (1) supervisor, twelve (12) full-time positions to perform the detailed maintenance functions including one (1) leadworker with a truck, one (1) irrigation technician with a fully stocked vehicle, including irrigation controller remotes for Cal Sense, Rainbird and Rainmaster, and, nine (9) positions with a minimum of 2 large trucks with crew cabs to perform the mowing/turf maintenance, and detailed maintenance, and one (1) position to perform general litter control, refuse removal, and grounds policing with a truck. The City reserves the right to increase minimum staffing based upon additional acres being added. D. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the city. E. All Contractor personnel working under this Agreement shall be neat in appearance and in uniforms as approved by the Parks and Trees Maintenance Superintendent when performing contract services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. F. All work shall be performed in accordance with the highest landscape and maintenance standards. r G. All vehicles and equipment (mowers, etc.) used in conjunction with the work shall be in good working order and have appropriate safety guards. All vehicles shall bear the identification of the Contractor. H. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of contract services. An area supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. LICENSES. FEES, PERMITS AND ASSESSMENTS Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and. hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 5. FURTHER RESPONSIBILITIES OF PARTIES Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all i instruments, prepare all documents and take all actions as may be reasonably necessary to cant' out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 6. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of Four Hundred and Ninety-Five Thousand, Two Hundred and Seventy -Seven Dollars and 50 /100 ($495,277.50) per year ( "Contract Amount ") to perform all the work and services contemplated by this Agreement and described in Exhibits A through H. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after approval of an invoice by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices". Upon the second anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the'calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2008, the index to be used for the numerator is the index for the month of March 4 J i� 2008 and the index to be used for the denominator is March 2007. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding such adjustment 7. It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 8. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit D in performing contract services. Any deviation from the materials described in Exhibit D shall not be installed unless approved in advance by the City Administrator. B. Subject to the provisions of Section 9, City shall reimburse Contractor for the actual cost plus 15 %, of all irrigation materials installed by Contractor in the performance of contract services. Actual cost shall be the best price available to Contractor including all applicable discounts. Contractor shall provide City with a schedule of typical costs of irrigation parts, plant materials and other commonly used items within thirty (30) days from the date of this Agreement and within thirty (30) days of each anniversary of the Commencement Date. Contractor shall retain records reflecting the actual cost of parts or materials used and the performance of services required by this Agreement. C. City reserves the right to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and/or materials. Contractor shall secure, 5 store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. 9. REPAIR/REPLACEMENT A. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to City equipment and property and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, except such losses or damages as may be caused by City's sole negligence or willfW misconduct. B. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. C. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property, including irrigation pipes, sprinklers and controllers, caused by Contractor or its agents, employees, representatives or officers. D. Contractor shall repair damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. E. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which requires replacement due to the 1 failure of Contractor to properly perform the services required by this Agreement or which have been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 10. FAMILIARITY WITH WORK A. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Work to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement Contractor warrants that Contractor has investigated the areas for which Contractor is to provide services under this Agreement and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. B. City and Contractor agree that City has made no representation regarding the order or condition of any area or location for which Contractor is to provide services or that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of this Agreement. 11. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all ofthem). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability insurance for his or her employees in accordance with the laws of the State of California; however, in no event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employer's liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. Ibis policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. I vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (3 0) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its awn cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 14. A. Contractor shall maintain all records, schedules and reports as outlined in Exhibit E. All such records and reports, as well as Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization. without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within ten (10) days after the end of each month. Irrigation programming schedules will be submitted monthly. i -- ` E. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. A. Ibis Agreement will be administered by the General Services Department. The General Services Director or his/her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his/her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall fumish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 16. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to One Thousand Dollars ($1,000.00). Administrator shall provide Contractor with written authorization prior to the performance of any additional services that exceed $1,000.00. Contractor shall be compensated for additional services in accordance with the unit prices specified in Exhibit F. B. City reserves the right to withdraw certain locations from the Scope of Work and services to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the Scope of Work, compensation to Contractor shall be reduced in accordance with the bid unit costs specified in Exhibits F and G. In the event the location is withdrawn for a period of less than a full I (one) year term, Contractor's compensation shall be reduced on a prorated basis. 17. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 10 i" 18. WORK DEFTCIENCIES AND CORRECTIONS A. Irrigation - related work deficiencies shall be corrected within twenty -four (24) hours of written notification from the City or prior to the scheduled watering, whichever is earlier. Malfunctions resulting in continuously running water shall be repaired immediately. All other work deficiencies of Contractor shall be corrected in a timeframe per the City's discretion. Written notification may be hand delivered, e- mailed, faxed, or mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the City and request inspection of the corrective work. Deficiencies listed in the Notice of Deficiency shall not be considered as having been corrected until the City has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. B. Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City (or within 24 hours in the case of irrigation- related deficiencies) may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) correcting the deficiency (using the City s own work force and/or by contracting the work out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor, (b) deletion of site(s) from the Contract and reducing the corresponding compensation for that month; (c) contracting with another Vendor to perform the maintenance and other services required for the remainder of the term of the Contract with respect to the site where the deficiencies exist and deducting from the Contractor's total compensation under the contract any costs that City pays or becomes ( obligated to pay the new Contractor, including expenses City incurs over and above the monthly billing rate by the Contractor for that site; (d) terminating this Agreement; and/or (e) taking any other action and exercising any other legal remedy available to the City under law. 19. Contractor shall not be reimbursed for any disposal fees or other expenses. 20. PERFORMANCE BOND A. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the City Administrator. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire tam of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. B. The performance bond required by this Agreement shall be satisfactory only if issued by a company qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and 11 j i only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City. 21. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of California labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. C. This agreement shall be paid in accordance Section 1770 of the California State Labor Code and in accordance with the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive). 22. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not discriminate against any subcontractor, Contractor, employee or applicant for employment because of race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following. employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 24. CONFLICTS OF INTEREST A. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will 12 G, provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard PA. Box 1768 Newport Beach, CA 92659 -1768 Attention: General Services Director All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Park West Landscape Maintenance 22421 Gilberto Suite A Rancho Santa Margarita, CA 92688 Attn: Brian Chinnery, President — Orange County Division 26. TERMINATION/DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default If such default is not cured within a period of two (2) worldng days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this agreement by giving written notice of termination. B. This agreement may be terminated without cause by City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date 13 of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach." C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold or deduct all or a portion of Contractor's compensation for contract services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain or deduct funds withheld until the City Administrator determines that contract services are performed as well and as frequently as required by this Agreement. 27. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 28. COMPLIANCE WITH LAW All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 29. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 14 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year fast written above. [SIGNATURES ON FOLLOWING PAGE] 15 APPROVED AS TO FORM: By: C- ff'e�—' Aaro C. Harp Assistant City Attorney for the City of Newport Beach ATTEST: Z�� �M'r� /%i. LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Mayor Steveh Rosa for the City of Newp each CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC. By: (Corporate er) �y �j Title: PJe'S1C� "f '0(G' :v �u�TU Print Name: 1j , By: (Financial Officer) Title: Print Name: Attachments: Exhibit A - Scope of Work Exhibit B - Locations and Acreage Exhibit C - Maintenance Frequency Schedule Exhibit D - Standard Materials Exhibit E - Required Reports Exhibit F - Unit Prices Exhibit G - Bid Unit Cost Exhibit H - Contract Service Map 16 Exhibit A SCOPE OF WORK I. INTENF City desires that Contractor provide full and complete contract landscape maintenance services at all locations specified in Exhibit B, and that such sites be kept in a healthy, vigorous, and well -kept state at all times. il. DESCRIPTION OF PROJECT Contractor shall fumish.all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the following: 1. Weeding, cultivating and -brush control both mechanically and with chemicals. 2. l 3. _J 4. 5. 6. Fertilizing. Shrub and groundoover 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. 7. Mowing, verticutting, and aerifying. 8. 9. to. 11. 12. 13. 14. General litter control, refuse removal, and grounds polidng. Plant replacement. Hardscape cleaning. Access roadway clearance and visibility maintenance. General drainage structure and system maintenance. Playground-and sport area monitoring, cleanliness and safety. Drinking fountain maintenance. 15. Exterior building monitoring and reporting for vandalism, graffiti, or any safety concems. 16. Bench, table, barbecue, bleacher, shade structure monitoring, cleanliness, safety and maintenance. 17. Pruning trees under 8 feet in height. 18. Califomia native landscape maintenance. It shall NOT be the Contractor's responsibility to maintain or repair. 1. Area lighting systems 2. Fencing 3. Gates 4. Any building located at the specked site 5. Graffiti 6. Accidents (except as provided in Paragraph VII.C, infra) 7. Vandalism (except as provided in Paragraph VII.C, irtffa) 8. Signage 9. Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules. 10. Trees over 8 feet in height. III. WORKING HOURS Normal working hours shall be within a ten -hour day between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No Saturday or Sunday work is to be scheduled other than litter control and refuse, without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 8:00 a.m. or after 5:00 p.m. IV. TERM OF CONTRACT The term of this agreement shall be for a period of two (2) years with a City option for three (3) one (1) year extensions. The City reserves the right to terminate the agreement unilaterally at any time upon thirty (30) days written notice to the Contractor. This contract can be renewed in one year increments by mutual agreement, based upon an evaluation of performance of the maintenance contractor with a determination of satisfactory performance by the City. If negotiations are still in progress at the end of any one -year term previously agreed upon, City and Contractor will continue performance as required herein on a month - to-month basis at the previously agreed upon basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least sixty (60) days after written notice to the City of its decision to terminate the relationship and the City shall be obligated to give consideration to the Contractor for such additional performance at the usual rate of payment as provided herein. V. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest landscape maintenance standards, as stated in the maintenance specifications attached hereto. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with 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 result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standard. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. Vi. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach's General Services Department. There shall be a minimum of a weekly 1 3 meeting with the Contractor and the City representative to determine Progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first of each month. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be.called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth In the specifications. VII. ADDITIONAL TERMS Contractor and City have agreed to the following additional terms: A. Contractor shall furnish and install up to 20 fiats of accent plants per year, at locations to be determined by City. B. Contractor shall be allowed to after the manpower requirement set forth in Paragraph 3 of the Agreement to allow Contractor to assign 11 employees to perform the work required hereunder from the beginning of November through the end of April, and 13 employees from the beginning of May through the end of October. This change is intended to provide additional labor during the heaviest growing season. C. Contractor shall perform the labor for irrigation repairs due to accidents or vandalism free of charged the work is performed during normal operating hours. City shall reimburse Contractor for the Irrigation parts, and will pay any labor costs for such emergency work required at night or on weekends and holidays. D. Contractor shall furnish a staff member to attend the. monthly inspection performed by representatives of the Newport Coast Master Association. VIII. CORRESPONDENCE Alf correspondence shall be addressed to Dan P. Sereno, Parks and Trees Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884. IX. PROVISIQNP FOR EXTRAS No new work of any kind shall be considered an extra unless a separate written estimate is given for said work and the estimate is approved by the 4 City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs that were made without prior City approval. Documentation of contract compliance maybe required on some occasions. X. STREET CLOSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with `The California Manual on Uniform Traffic Devices' for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff.may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. XI. DISPOSAL At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. XII. RECORDS The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Trees Maintenance Superintendent. This report should also contain a description, including man - hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Parks and Trees Maintenance Superintendent, This 5 �- maintenance calendar shall clearly indicate all of the landscape lV) maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Parks and Trees Maintenance Superintendent for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services only at any reasonable time. Xlil. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. XIV. SPECIALTY OPERATIONS Written notification of all "specialty type" maintenance operations shall be given to the City forty -eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: fertilization, turf aerification, turf dethatching, mulching, addition of sand or wood chips to tot lots, play areas or volleyball courts, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications and plant replacements. Positions used for all specialty operations shall be in addition to those positions outlined on page 10, section K1. XV. LANDSCAPE LICENSE The Contractor shall hold a valid and current California C -27 License and submit a copy thereof. The Contractor must be licensed as a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor. The name and permit number will be supplied to the City at the beginning of contract, and any changes forwarded within twenty -four (24) hours of said change. A licensed Pest Control Operator must be provided to apply all restricted chemical materials. 11 XVI. CONTRACTOR'S OFFICE Contractor is required to maintain an office sufficiently close to the job site to allow a one (1) hour response time and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. XVIL SCHEDULES A.. Annual Schedule 1. Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. Contractor shall complete the schedule for each site in a manner which shall correspond to the weekly schedules. 3. The annual schedule shall be submitted for City approval J) within fifteen (15) calendar days after effective date of the contract. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. B. Weekly Schedule 1. Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 2. Contractor shall complete the schedule for each Item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. 7 4. Changes to the schedule shall be received by the Parks and Trees Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. 6. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week. 6. Contractor shall adjust his /her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. C. Performance on Schedule 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 weekly schedule. XVIII. Performance Durinra Inclement Weather A. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work forge in order to accomplish those activities that are not affected by the weather. B. 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. C. The Contractor shall immediately notify the Parks and Trees Maintenance Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. XIX Underground Excavations Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the . Parks and Trees Maintenance Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48 hours before commencing any excavation, to locate underground service lines. L XX. Pesticides The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Trees Maintenance Superintendent with all of the following: A. A copy of Contractors Orange County Agricultural Commissioners "Restricted Materials Permit/Operator I.D. numbers ". B. A written °Pest Control Recommendation" for each site before Contractor uses any pesticide. C. A "Pesticide Use Daily Record" for any. site that a pesticide was used, within 24 hours of application. D. if a restricted pesticide is going to be used, a copy of the "Notice of Intent to Use Restricted Materials ", 24 hours before application. E. A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use. F. Contractor shall not use any pesticide that has not been authorized by ._. i the Parks and Trees Maintenance Superintendent G. Pest Control Operator will be assigned to contract to apply restricted materials. XXI. Soecffications The specifications set forth herein 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. 7 SCOPE OF WORK TECHNICAL MAINTENANCE SPECIFICATIONS GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the "Maintenance Frequency Summary," which is attached as Exhibit C. 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. 1. All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public use of City sites. 2. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds, trash, and other debris. 3. Contractor will keep sidewalks free of algae where constant runoff occurs. 4. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off -site. 5. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by its maintenance operations. 6. Contractor shall maintain all areas clean of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and its construction and installation equipment from the area. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used by the Contractor for its debris. 7. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 8. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 9. Contractor must notify the City immediately of any unusual and hazardous conditions it discovers on City property. 10. Contractor must notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of City facilities. . 11. All insects, plant, turf diseases and other like pests shall be controlled by the Contractor. Any control measures should be approved first by the Parks and Trees Maintenance Superintendent with written recommendations from the Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. 12. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. 13. All broken glass and sharp objects shall be removed immediately. 14. All areas, benches, picnic tables, and associated park amenities shall be inspected daily and maintained in a neat, clean and safe condition at all times. 15. All play and sports equipment shall be inspected for vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing immediately to the City. 16. All sand and wood chip areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 17. Trash cans provided by the City shalt be inspected daily and emptied as needed and washed after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. 18. All concrete "V" drains, to include the portion under the sidewalk, shall be kept free of vegetation, debris and algae to allow unrestricted water flow. 19. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to the City. 20. All barbecue grills shall be emptied of all ashes once per week. 11 II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS A. Drainage Facilities All drainage structures shall be checked and cleaned monthly or as needed to insure consistent unrestricted water flow. 2. Any damage to structures shall be immediately reported to the Parks and Trees Maintenance Superintendent. 3. Failure to properly maintain drainage systems or to notify the Parks and Trees Maintenance Superintendent of damaged systems will result in the Contractor assuming full responsibility for the repair of drainage damage to the facility. B. Irrigation System Maintenance 1. 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, master valves, flow sensors, moisture sensors, manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. Contractor shall not be responsible for the water meter assembly except as he/she may cause damage to these items. a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. b. Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for .damages occurring due to under - watering or over - watering. C. Contractor must turn off irrigation systems during rain. d. All replacements to be made with original type material or as directed. e. Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. 1•J im f. Material substitutions must be approved by the Parks and Trees Maintenance Superintendent. g. Necessary irrigation repairs shall be made prior to the next scheduled irrigation cycle. All repairs shall be made in accordance with City of Newport Beach standard irrigation specifications. h. Irrigation programming charts will be Included in each monthly report. 1. Areas that require irrigation will have such accomplished no earlier than 11:00 PM or later than 6:00 AM. j. Contractor will maintain moisture sensors at all sites at which such a unit is installed. k. Test all master valves and flow sensors and make all necessary repairs weekly. 2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the system. 3. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions. Such inspection shall be made weekly June through September and bl- weekly October through May. However, Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur or are needed. C. Turf Maintenance 1. All turf is to be mowed once per week in the growing season, or as needed to maintain the height specified below. a. Frequency or mowing shall be scheduled so that no more than one -third (1/3) the height of the grass plant is removed. b. Borders shall be edged at each mowing. 13 c. Clippings shall be collected and removed unless otherwise directed by the City. d. Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted. e. Chemically kill turf around trees, as needed, a maximum of six inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A 2" layer of bark mulch shall be maintained in this area. f. Mechanically trim around vaults, posts, and other similar features on a weekly basis. g. Mowing equipment shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. h. Pick up all litter prior to mowing. 2. Mow turf to the following heights: a. Warm season turf grass — V44 to 1 % inches. Bermuda grass —1 to %. b. Cool season turf grass including bluegrass, perennial rye, fescues —1 % to 2 % inches. c. Kikuya and St. Augustine turf grass —1 Y44 to 1 1144 inches. 3. Vertical mowing of warm season grasses shall be done once per year in March. a. Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. b. Cool season grasses shall be renovated to remove thatch annually as directed. c. Seed and topdress all turf areas following vertical mowing with City approved materials. 14 0 4. All turf shall be fertilized three times per year using a homogenous, pellet or granular slow release material. City must approve the material used. Apply at the following rates and time: a. February: 22 -3-9 fertilizer at one pound actual nitrogen per 1,000 square feet. b. June: 21 -3-5 fertilizer at one pound actual nitrogen per 1,000 square feet. C. October: 16 -6-8 fertilizer at one pound actual nitrogen per 1,000 square feet. d. Material shall be applied using a rotary type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed. f. Contractor shall perform a soil fertility analysis at individual sites as directed by the City in the month of December and review the analysis with the City representative In the month of January. g. All materials must be approved by the Parks and Trees Maintenance Superintendent. Quantities used must be submitted to the Parks and Trees Maintenance Superintendent on a "Monthly Fertilizer Use Report°. 5. Appropriate fungicide, weed.control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a. Turf areas must be maintained in a weed -free basis. b. Chemical control of broadleaf weeds shall be initiated as needed on all turf. 6. Aerate all turf areas as often as required (minimum of twice per year between April 1 and May 15 and between September 1 and November 1). a. Aerate all turf with a mechanical aerator set with %" core spoons at not more than 6" spacing and a minimum depth of 4 ". 15 1 b. Remove and dispose of all cores. C. Contractor is responsible for locating and marking all sprinkler components. d. Topdress with approved topdress material (for sports fields only). 7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. a. Irrigation must be scheduled to avoid either under - watering or over - watering. b. Manually water where necessary. C. Check operation of irrigation weekly June through September and biweekly October through May, or more often when conditions warrant, to insure proper operation of irrigation system. 8. Control all rodent pests as necessary to provide a healthy and safe environment for plants and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs, correct as necessary. 10. Scheduling of mowing and turf care maintenance times will be approved by the City. Attention, to public use will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. D. —Planter/ Ground Cover Maintenance 1. All ground cover areas shall be maintained in a trimmed, weed free condition. a. Weeds shall be removed as they appear. A pre - emergent herbicide will be used where appropriate in shrub and ground cover beds, but not in a California native landscape areas. No hoeing or scuffing weeds allowed. Chemically control or manually remove them by the roots. b. Morning glory and grass infestations shall be treated immediately when observed. 16 - - - - - - - -- - -._... c. Groundcover areas shall be fertilized three times per year, once in March with approved 9 -9 -9 and iron, once in July with ammonium sulfate 21 -0 -0, and once in October with approved 16-6 -8 slow release fertilizer, at a rate of 2 pounds actual fertilizer per 1,000 square feet. d. Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants. Growth retardants may be used as approved by the City. e. Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. f. Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. h. Bark mulch should be replaced in all planters to ensure a 2 Inch layer at all times at Contractor expense. E. Shrub. Vine. and Tree Maintenance 1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. Contractor shall: a. Quarterly trim all shrubs to maintain the size and shape specified by the Parks and Trees Maintenance Superintendent. b. Pruning shall be accomplished to maintain a "natural" appearance; decorative, poodle cuts or other unnatural pruning will not be permitted. C. Control pests as required, including snails and Insects. d. Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. 17 e. Application of an Iron chelate fertilizer or balanced fertilizer shall be made per specifications under groundcover maintenance (1c), and as needed throughout the year to maintain a healthy, vigorous growth and foliage. f. Irrigate as required to maintain adequate growth and appearance. Manually water where necessary. g. Careful attention not to prune or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants such as raphiolepsis, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, morea, and other similar plants shall be removed immediately after blooming or as directed by City. h. All bare shrub bed areas shall be raked weekly to remove all fitter and other debris. i. Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures. [dead branches of plants shall be removed regularly. }. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. k. Bark mulch should be replaced in all planters to ensure a 2 inch layer at all times at contractor's expense. I. All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. 2. Contract responsibility covers-trimming all trees up to eight (8) feet. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. a. Remove all suckers from base of trees as they develop throughout the year. I$ b. Stake and support trees as necessary. Staking and guying shall be as directed by the City. C. All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. Trees damaged from guys /ties, being left on too long will be replaced at contractor's expense. d. Contractor to stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. e. Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Parks and Trees Superintendent if any of the above conditions exists. f. Except for emergency removal, no tree /shrub shall be removed without prior direction or approval of the City. Trees /shrubs badly damaged and in need of replacement shall be brought to the attention of the Parks and Trees Superintendent. g. Water as required to maintain proper and vigorous growth according to variety. Manual water where necessary. h. Tree wells shall be maintained with 2" of bark mulch unless ground cover is present. Weeds shall be removed, including their roots, before they reach 3° in height. L All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. 9. Check bubblers to native oak trees regularly. Manual water where necessary. 3. Complete pruning, heading back, lacing out, or removal will only be done at the direction of the City and at the prescribed unit price. All such pruning shall be made in accordance with current Intemational Society of Arboricultural techniques and practices that promote the natural character of the tree. 4. All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to j 19 the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions. F. Hardscane Maintenance 1. During each site visit, concrete (including stamped concrete) and asphalt areas, including turn pocket fingers, driveways, parking areas, sidewalks, and patios shall be checked and. cleaned. a. All expansion joints and cracks are to be maintained free of weeds. b. Dirt, litter, and other debris must be removed on a weekly basis. C. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks and Trees Maintenance Superintendent. 2. Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. G. General Grounds Polici 1. The Contractor shall provide general grounds policing and inspection six days per week. a. Remove all litter and other debris from site six days per week. b. If refuse or litter is not removed during site visit, said litter or debris will be considered an emergency and removed immediately upon notification by the City. Failure of said removal may result in deduction of payment for that date or week. c. Provide safety and facility inspection and immediately report any deficiencies to the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report 20 1 `— below standard conditions of all structures and fixtures, including but not limited to: 1. Light standards and fixtures 2. Walls, fences, gates 3. Signage 4. Graffiti H. Sand/Wood Chip Play Area 1. These areas shall include tot lots, play areas, volleyball courts, etc. a. All areas shall be maintained weed free. b. During the first week in April, June, August, October, December and February, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototiliing, all areas shall be raked level. } c. Sand and wood chips shall be replenished as necessary to maintain optimum level in each area, and final level shall be determined by the City for each area. Replacement sand shall be at least equivalent to washed plaster sand and approved by the City (standard designation of rock product suppliers to denote a type and cleanliness of sand). All additional sand or wood chips that are added shall be at the contractor's expense. d. Six days per week, all sand and wood chip areas shall be cleaned and raked level. 1. Specialty /Sports Areas 1. General: (Applies to all hardscape maintenance areas) a. These areas shalt include bicycle trails, all asphalt, concrete and decompossed granite walkway. b. All areas shall be swept six days per week if necessary, to remove all deposits of silt and /or sand and glass. c. On Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. 21 i d. All hard surface areas shall be inspected six days per week for uplifts and /or tripping hazards. All uplifts and /or tripping hazards shall be barricaded immediately and the City notified verbally within two (2) hours and by written memo within twenty -four (24) hours. e. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. f. All broken glass and sharp objects shall be removed immediately. g. All areas shall be inspected six days per week and maintained in a neat, clean and safe condition at all times. h. All areas shall be raked to remove leaves and debris six days per week. I. All play and sports equipment within hardscape areas shall be inspected for vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing immediately to the City j. All leaves, paper and debris shall be removed from hardscape'areas and disposed of off site. J. Drinkino Fountains 1. Inspect, clean, adjust six days per week. 2. Report any deficiencies to the City immediately in writing. K. Disposal At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the City by 30 days after the end of each calendar quarter. 22 \- L. Water Conservation Contractor shall appoint a staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements: 9. Abilities a) Meet Irvine Ranch Water District Landscape Irrigation Guidelines and monthly water allocations. b) Maintain a healthy landscape. c) Calculate evapotranspiration (ET) rates to GAM. d) ,Maintain all parks and landscape in a usable condition (no flooding due to over - irrigation). e) Troubleshoot and diagnose irrigation systems and take corrective action. 2. Requirements l..:) a) The Water Manager shall program all controllers weekly according to the Irvine Ranch Water District allocation. b) The Water Manager shall notify the Contractor or City Representative of all required repairs. c) The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly water allocations for each meter on all streetscape and park applications. Maintain healthy plant material, and avoid monthly IRWD penalties. 3. Damages for Water Management a) Should the contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the contractor's monthly billing. b) Deduction shall exclude all approved appeals such as mainline and oontrol valve failures. c) The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over allocation water billing to 23 determine which water billing appeals are to be approved and which are to be waived. d) Over - allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. M. Native and Drought Tolerant Park Maintenance These requirements are in addition to the above written Technical Maintenance Specifications: 1. All native and drought tolerant plant material at specified sites will be maintained in their natural shape. All dead wood for natives will remain on the plant or where it has fallen. 2. The areas shall be maintained weed free. Only manual pulling or mechanical cultivation of non - native weed species will be allowed. Use of pre- emergent herbicides are prohibited in these areas. 3. The Contractors maintenance personnel will be trained to distinguish weedy plant species from native or drought { ; tolerant vegetation to ensure that only weedy species are removed. 4. All weeds will be removed manually before they can attain a height of six inches (6 °) or produce seeds, whichever comes first. 5. Pulled weeds will be placed in a 'mantilla" to prevent the seeds from coming in contact with the ground and removed from the project site during maintenance. 6. Leaf and branch drop and organic debris from native species shall be left in place. 7. 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. 8. The staffing necessary to accomplish the above weeding, shall not delay maintenance frequencies in other areas (i.e. turf, groundcover, and shrub maintenance). 24 I i J Exhibit B LOCATIONS /ACREAGE LOCATIONS /ACREAGE Newport Coast Master (67.38 Acres) • Newport Coast Medians and Parkways (8.16 Acres) ■ Newport Coast Evergreen Slope (59.22 Acres) Newport Ridge (10.62 Acres Including Fire Station) • Newport Ridge Medians and Parkways (4.72 Acres) • Fire Station 8 (0.79 Acres) • Newport Ridge Evergreen Slope (5.11 Acres) Nature Park Sites (14.08 Acres) • Nature Parks and 10' Areas (14.08 Acres) Newport Coast Community Center (2.67 Acres) • Community Center (2.67 Acres) Exhibit C Maintenance Frequency Schedule FUNCTION FREQUENCY Irrigation ins tlon Weekl Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Three times /year Vertical Mow Oncelyear— including seeding and topdress Aerate Twice /year Pest and Weed Control As needed 'Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Three times per year Pest and Weed control As needed Visual Inspection Weekly Pre-emergent herbicide Three times per year Shrub, Vine, and Tree Maintenance Trim Four times/year Fertilize Three times per year (once/year for trees) Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Pre-emergent herbicide Three times per year Hardscape Maintenance Each site visit/weekly min. Grounds Policing/Litter Removal Sic days/ week Site Inspection Six days/ week � 7 Exhibit D STANDARD MATERIALS All material used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance Superintendent. STANDARD MATERIAL LIST: Sprinkler Heads Toro 570 Pop Up (small turf areas) Rain Bird 3500 (small / medium turf areas) Rain Bird 5000 (medium turf areas) Toro 2001 (large turf areas) Toro 640 (large turf areas) Toro 570 Pop Up / Shrub Adapter (small slope & groundoover areas) Toro 300 Stream Rotor (medium slope & groundoover areas) Toro XP 300 Stream Rotor (large slopes & groundoover areas) Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City of Newport Beach. Please contact Parks Supervisor, Randy Kearns at (949) 6443082 to confirm. Controller Rain Master Evolution DX2 irrigation controller Rain Master RME Sentar (contact city before using) Drip and specialized low - volume irrigation Rain Bird Xedgation Battery Powered Irrigation Rain Bird TBOS Battery Operated Controller Rain Bird GB Series Remote Control Valve Rain Bird Potted Latching Solenoid Miscellaneous Febco 825Y RP Rain Bird #ST -03UL Snap Tito Connectors Rain Bird #PT -55 Snap Tite Sealer Rain Bird #44 or 933 Quick Coupler Valve with Vinyl Cover Griswold DW Series Valve (Control Valve) Griswold 2960 Solenoid Valve (Normally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Mateo 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller) Rectangle Valve Box - Plastic -18"L x 12"W x 12 "D Round Valve Box - Plastic -10" Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor TURF FERTILIZERS, ETC., A. All commercial fertilizers must be homogenous. B. All organic fertilizers must have lowest salinity rate possible. C. No steer or chicken manure is allowed. D. All fertilizers, planting medium, humus material, etc. must be City approved. J'LANT STOCK All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Parks and Trees Maintenance Superintendent before planting. PESTICIDES All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be property 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. 2 L_? Exhibit E Required Reports I., Annual Maintenance Schedule 2. Weekly Maintenance Schedule 3. Weekly Performance Report 4. Monthly Chemical Use Report (As sent to County Agriculture Commission) 5. Monthly Fertilizer Use Report 6. Possible Pesticide List with EPA numbers 7. Weekly irrigation inspection check list (to include controller and sire inspection for all sites and a list of any repairs required) 8. Monthly irrigation controller programming charts S. Extra work approval list 1.0. Weekly maintenance inspection list for all sites 11. Manual irrigation schedule 12. Annual. pesticide safety training records 13. Required tailgate safety meeting records 14. Monthly maintenance report 15. Monthly greenwaste recycling report Exhibit F UNIT PRICES 1. 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. II. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the Contractor. III. The unit price listed below shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number of units and /or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with the specifications described in the Scope of Work. TURF FUNCTION COST /UNIT OF MEASURE Turf Mow -Reel Blade $.0015 11000 Sq. Ft. Turf Mow -Rotary Blade $ .001211000 Sq. Ft. Turf Mow and Clippings Picked Up $ .002 / 1000 Sq. Ft. Turf Edge $ .002 / 1000 Linear Ft. Turf String Trim $ .002 / 1000 Linear FL Turf Chemical Edge 6" Swath $ .00311000 Linear Ft. Turf Chemical Edge 12" Swath $ .00611000 Linear Ft. Turf Aerify $ .01 / 1000 Sq. Ft. Turf Fertilize $.013 11000 Sq. Ft. Turf Dethatch/Renovate $ 125 / Acre Turf sweeping $ .00211000 Sq. Ft. Flail Mow of Natural Areas $125 /Acre HARDSCAPE Cleaning $.001 / 1000 Sq. Ft. GROUNDCOVERS Mow $ .00211000 Sq. Ft. l_ Edge $ .002 / 1000 Linear Ft Fertilize $ .013 / 1000 Sq. Ft. PEST CONTROL Turf diseaserinsect spray Boom Application $ .001 / 1000 Sq. FL Hand Application $ .01 / 1000 Sq. Ft. Turf Broadleaf Spray $10.00 / Shrub Boom Application $ .001 / 1000 Sq. Ft. Hand Application $ .01 /1000 Sq. Ft. Groundcover diseaselinsect spray $ .01 / 1000 Sq. Ft. Shrub disease /insect spray $ .01 / 1000 Sq. Ft. Soil Sterilant Applicant $ .01 / 1000 Sq. Ft. Turf Pre - Emergent $ .01 / 1000 Sq. Ft. Landscape Planter Weed Control $ .01 / 1000 Sq. Ft. General Weed Control Post Emergent $ .0111000 Sq. Ft. SHRUB PRUNING 1-4 Feet, Lacing $ 5.00 / Shrub 1-4 Feet, Hedging $ 2.00 / Shrub 4 plus Feet, Lacing $10.00 / Shrub j 4 plus Feet, Hedging $ 4.00 / Shrub TREE PRUNING Up to & Feet $ 25.00 /Tree PLANTING 1 Gal. Shrub/Tree $ 7.50 / Each 5 Gal. Shrub $ 20.00 / Each 5 Gal. Tree $ 25.00 / Each 15 Gal. Shrub $ 70.00 / Each 24" Box Tree with root barriers $ 260.001 Each 64 Count Flat Groundcover $ 20.00 / Flat Turf - Seed and Top dress $100.0011000 Sq. Ft. Turf - Sod $1200.0011000 Sq. Ft. LABOR Landscape Maint. Supervisor $ 21.00 / Hour Landscape Maint. Leadworker $ 30.00 / Hour Landscape Maint. Supervisor - $ 35.00 / Hour Irrigation Specialist $ 35.001 Hour 2 i Pest Control Applicator Tree Trimmer Equipment Operator Heavy Equipment Newport Coast Maintenance Newport Coast Tudgrass Maintenance Newport Coast Native Park Maintenance $ 35.00 ! Hour $ 45.00 / Hour $ 50.00 ! Hour $ 5,227.201 Acre[Year $ 5,227.201 Acre/Year $ 5,227.20 / Acre/Year Exhibit G BID UNIT COST LOCATIONS UNIT COSTIYEAR Newport Coast Master • Newport Coast Medians and Parkways $ 42,654.00 • Newport Coast Evergreen Slope $309,555.00 Newport Ridge • Newport Ridge Medians and Parkwa $24,672.00 • Fire Station 8 $4129.00 • Newport Rid Re Evergreen Sloe $26,711.00 Nature Park Sites ■ Nature Parks and 10'.Areas $73,599.00 Newport Coast Community Center • Community Center $13,957.00 LANDSCAPE MAINTENANCE CONTRACT BOND NO. 5466841 Bond Premium: $5,348.00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,674.00 being at the rate of $ 5.40 Per thousand of the Contract price., for each year. The initial term is for two years. Bond May be extended by Continuation Certificate. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted and awarded to Park West Landscape Maintenance, Inc. 'hereinafter designated as the "Principal", a contract for landscape maintenance entitled CONTRACTOR SERVICE AGREEMENT FOR LANDSCAPE MAINTENANCE in the City of Newport Beach (the "Contract"), in strict conformity with the terms and conditions set forth in the Contract, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the CONTRACTOR SERVICE AGREEMENT FOR LANDSCAPE MAINTENANCE and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Great American Insurance Company_ , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the Sum of Four:Hundred Ninety Five Thousand Two Hundred Seventy Seven Dollars and Fifty Cents lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, 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 Contract 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 the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. 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 25 day of October, 2007 Park West Landscape Maintenance, Inc. C� Name of Contractor (Principal) Authorized SignaturefTibe Great American Insurance Company Name of Surety `¢ Authorized Agent Signature Surety (714) 257-9644 Telephone Ted Adamson Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 14172 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomeyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lirrit stated below. Name Address Limit of Power TED ADAMSON BOTH OF BOTH RICHARD L. WELLS BREA, $75,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11`h day of, MAY , 2006. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3811) On this I I'h day of MAY , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 25 S 1029T (11101) day of, October , 2007 State of California CAPACITY CLAIMED BY SIGNER'S County of Orange it INDIVIDUAL(S) On October 25, 2007 before me, Shelley Sherman r CORPORATE (DATE) (NAME/TITLE OF OFFICER) OFFICERS(S) Personally appeared Ted Adamson (NAME(S) OF SIGNER(S)) PARTNER(S) J–' LIMITED I— GENERAL Personally known to me -OR- W ATTORNEY IN FACT TRUSTEE(S) o Proved to me on the basis of satisfactory evidence to r GUARDIAN/CONSERVATOR be the person(s)-whose name(o is/-afe subscribed I OTHER: to the within instrument and acknowledgement to me that he/she/they executed SIGNER IS REPRESENTING: the same in his/-her/their (Name of Person(s) or Entity(ies) signature(&) on the instrument the person(s-�, or the entity upon behalf of which the person(s)-acted, executed the Instrument. CAPACITY CLAIMED BY SIGNER(S) Commmoon# 14W238 Witness my hand and official seal. INDIVIDUAL(S) �y - CON10RMO *-1*C0W.EVVnN0V24.20071 r CORPORATE Omnge Courdv OFFICER(S) (TITLES) ' (SEAL) J PARTNER(S) r LIMITED Signature o otary Public j-- GENERAL f- ATTORNEY IN FACT r TRUSTEE(S) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording ]" GUARDIAN/CONSERVATOR Of this document is not required by law and is also optional. It could, however, prevent Fraudulent attachment of this certificate to any unauthorized document. OTHER: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) CALIFORNIA ALL-PURPOSE • .act.�e�e�<!�c�.��r��.r�._s�c��c�c�<._ v�,. ..va .�. w...A ss_a,.�>,.v..�.r�Z�YaC�•..T. �•!.:�. ..s��.,.ci.,.c�._.�.! State of California County of On /0-, "' personally ROSLYN S. FOSTER Commission # 1667167 -� Notary Public - California Orange County My Comm. Expires May 15, 2010 Place Notary Seal Above personally known to me ❑ (or 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE y and nd official seal. 4 ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee TOP of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb here ©2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder Call Toll -Free 1-800-876-6827 0 • C -35PI AMENDMENT NO. 1 TO AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN THE NEWPORT COAST AREA THIS AMENDMENT NO} 1 TO C NTRACTOR AGREEMENT, entered into this M day of N r— 1, 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City "), and PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation whose office is located at 815 South Grand Avenue, Santa Ana, California, 92705 (hereinafter referred to as "Contractor"), is made with reference to the following: RECITALS A. In January 2002, City annexed the community of Newport Coast from the County of Orange. In August 2002, the City issued a request for proposals, seeking bids to provide landscape maintenance services.for approximately 14.95 acres of roadway medians and parkways in Newport Coast. The property described in this recital shall hereinafter be referred to as the "Original Assumed Acreage," and is depicted on the map attached hereto as Exhibit A and incorporated in full by this reference. B. Contractor was selected to perform the landscape maintenance services for the Original Assumed Acreage in Newport Coast. On October 1, 2002, City and Contractor entered into an Agreement in which City agreed to pay Contractor $0.12 per square foot per year, or approximately $6,519.75 per month, to maintain the Original Assumed Acreage (hereinafter the "Agreement "). Total compensation to Contractor under the Agreement was $78,237 per year. C. The term of the Agreement was for one year, but it was automatically renewable on an annual basis for an additional four (4) years. City renewed the contract in October 2003 and in October 2004. The Agreement also authorized the City to have Contractor assume maintenance responsibilities over additional acreage in the Newport Coast area, as authorized by City. D. In February 2004, City assumed maintenance responsibilities over approximately 10.62 acres of additional property in the area known as Newport. Ridge; which included the property around Newport Beach Fire Station No. 8. The property described in this recital shall hereinafter be referred to as the "Newport Ridge Property," and is depicted on the map attached hereto as Exhibit A as the Newport Ridge Maintenance Transfer. E. In April 2005, City received maintenance responsibilities over an additional 53.88 acres from the Newport Coast Community Association. The property described in this recital shall hereinafter be referred to as the "53.88 Acre Maintenance Transfer" and is depicted on the map attached hereto as Exhibit A. F. In April 2005, Contractor agreed to provide landscape maintenance services for the Newport Ridge Property and the 53.88 Acre Maintenance Transfer at the same rate agreed upon in the original Agreement of $0.12 cents per square foot. Thus, as of April 1, 2005, Contractor's total monthly compensation under the Agreement was increased to a total of $28,096.20 per month. G. Effective July 1, 2005, the County of Orange transferred ownership to the City of five view parks and two adjacent parking lots in the Newport Coast area. The Parkland totals approximately 15 acres and includes the following "native" parks: (1) Canyon View Park; (2) Harbor Watch Park; (3) Upper View. Park, Newport Coast Drive; (4) Middle Park, Newport Coast Drive; and (5) Lower Park, Newport Coast Drive. The property described in this recital shall hereinafter be referred to as the "Native View Parks," and is depicted on the map attached hereto as Exhibit B and incorporated in full by this reference. H. Because the Native View Parks are considered "urban wilderness areas" that are made up of vegetation kept primarily in its native state, the maintenance duties for the Native View Parks is less detailed than the other properties maintained by Contractor in the community of Newport Coast. Thus, with respect to the Native Parks, City desires to have Contractor perform the maintenance duties outlined in the Scope of Work attached hereto as Exhibit C and incorporated in full by this reference. I. With respect to the Newport Ridge Property and the 53.88 Maintenance Transfer, City desires to have Contractor perform the maintenance duties outlined in the Scope of Work attached to the original Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall provide landscape maintenance services to the Newport Ridge Property and the 53.88 Maintenance Transfer (April 2005) as set forth in the Scope of Work attached to the Agreement at the agreed -upon rate of $0.12 per square foot a year, or a total of $21,576.45 per month. 2. Contractor shall provide the landscape maintenance services to the Native View Parks as outlined in the Scope of Work attached as Exhibit C. City shall increase Contractor's compensation under the Agreement by an .additional $2,915.00 per month for maintenance of the Native View Parks. 2 3. Accordingly, Paragraph 4 of the Agreement shall be revised to read as follows: "The City shall pay Contractor the sum of $31,011.20 per month or $372,134.40 per year for all services to be rendered pursuant to the Agreement and Amendment No. 1. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in the Section entitled `Notices. "' 4. This Amendment shall be effective as of December 1, 2005. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement and exhibits attached thereto shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. [SIGNATURES ON FOLLOWING PAGE] 3 APPROVED AS TO FORM: CITY OF NEWPORT BEACH, / A Municipal Corporation /6"." c By:_ Aaron C. Harp, Jo n H ffernan, Mayor Assistant City Attorney fo theity of Newport Beach for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachments: CONTRACTOR: PARK WEST LANDSCAPE MAINTENANCE, INC. "t, 0 By:LAI j. (Corporate Officer) Title: UD Print Name:'TOM OAK5Z By: (I" (Financial Officer) Title: '0 Exhibit A — Newport Coast & Newport Ridge — City Maintained Areas Exhibit B — City Maintained Native View Parks Exhibit C — Scope of Work — Native View Parks F:Users\CAT\Shared\DonnaBigi\Park West Landscape Maintenance Amendment2.doc 1 1 'I Newport Coast and Newport Ridge City Maintained Areas S Exhibit A - Original Assumed Acreage -Assumed Areas in Newport Ridge .u. Assumetl Areas in Newport Coast N a 0.25 o.s 0 EXHIBIT B List of Native Parks to be Maintained 1. Buck Gully, including two view parks a. Canyon View Park — Parcel 1111 b. Harbor Watch Park —Parcel 1112 2. Three view parks along Newport Coast Drive a. Upper Park —Parcel 1114 b. Middle Park — Parcel 1115 C. Large Lower Park, w /parking — Parcel 1116 These areas are depicted on the attached map. 0 Newport Coast and Newport Ridge ' City Maintained Native View Parks % � J Exhibit B NC NativeViewPark.mxe FI Native View Parks N 0 0.25 u_5 Mlles • 0 EXHIBIT C Scope of Work - Native View Parks Park West Landscape Maintenance, Inc. ( "Park West") will provide landscape maintenance services for five (5) native view parks and two parking lots, as identified on Exhibit B. Park West agrees to provide one full -time laborer dedicated exclusively to Providing maintenance for the Native View.Parks. 5 days a week, 8 hours per day. Park West agrees to maintain the property in a safe, clean and well - maintained condition. To this end, the services to be provided include the following: • Manual removal of non - native weeds and shrubs on a regular basis. • Daily removal of trash, debris, and emptying of all trash cans • Pruning back of native plantings encroaching on walkways • Drinking fountain maintenance on a weekly basis • Blowing debris off walkways and (2) parking lots on at least a weekly basis • Irrigation maintenance and inspection • Table, bench, and plaque maintenance on at least a weekly basis • Rodent and pest control, as needed Note: The materials used in maintenance must conform to the products listed in Exhibit B to the Agreement between Contractor and City, dated October 1, 2002. Bond NO. 5624290 GREAT AMERICAN INSURANCE COMPANY QWPANCEo "Ams Ohio CA� [)'.7 thou ','h u0 d D'�Q :Ei'. .. i'L_'tE3l;i A.;:A t}i `.l; i:�ii?�0f. <n')"ti:;�t i3l;� ..315 ..liTEEK:i;. i'F3).idl; 6. 1;i<:3:f�� :::.il I��yt 1:3G i�sl?S:;:fE"�%tl S,. i31<:`.' E;+;:C'E7J' !S'l)::.^: i.((?�::e:;1f-`7":i" ;);" ::�::�•i':?i.i:+,i:4i. •. AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Park Landscape Maintenance, Inc. 815 South Grand Ave. Santa Ana CA 92705 OWNER (Name and Address): City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92658-8915 SURETY (Name and Principal Place of Business): GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI, OHIO 45202 CONSTRUCTION CONTRACT Date: October 1st 2002 Amount: $78, 237.00 Description (Name and Location): Landscape Maintenance Functions On Medians And Roadsides. BOND Date (Not earlier than Construction Contract Date): October 25th, 2002 Amount: $78, 237. 00 Modifications to this Bond: © None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Park Landscape Maintenance, Inc. Signature: _S Signature: /—a Name and Title: �.� "� . paw, Name and Title: (Any additional signatures appear on page 6) T AMERICAN INSURANCE COMPANY (Corporate Seal) Adams Attorney -In -Fact (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Smith, Newman & Adamson other party): 1800 E. Lambert Road #215 Brea CA 92821 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® A312-1984 4 F.9748B (9/99) I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, di- rectly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the mate- rials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received with- in 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compli- ance. 6 When the Claimant has satisfied the conditions of Para- graph 4, the Surety shall promptly and at the Surety's ex- pense take the following actions: 6.1 Send an answer to the Claimant; with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for chal- lenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obliga- tions to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 11 No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdic- tion in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Sub- paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applica- ble, 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suffi- cient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® A312-1984 5 F.9748B (9/99) Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY GREAT AMERICAN INSURANCE COMPANY Company: (Corporate Seal) Company: (Corporate Seal) Park Landscape Maintenance, Inc. Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA® A312-1984 6 F.9748B (9/99) GZ M AWRICAN INSURANCE COMPANY@ 580 WALNUT STREET • CINCINNATI, OHIO 45202. 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No.0 14037 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TED ADAMSON ALL OF ALL RICHARD L. WELLS BREA,_ CALIFORNIA UNLIMITED SUZANNE ADAMS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of April , 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 5th day of April, 2001 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and herebyis authorized, from time to time, to appoint one ormore A ttorneys-In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, • to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 25th c Mnc n11oa� day of October 1, 2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 10/25/02 before me, Cynthia A. Wheeler, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Suzanne Adams Name(s) of Signer(s) � = CYNTHIA A. WHVEEL R Commission* 1215694 Z Z Notary Public - California i zOrange County Icy Comm, E(pires icor 11, 2(M?3 IN personally known to me ❑ 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above —�� /Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ElCorporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �� n n County of (•jam. ss. On ��� 7 r�`2- before me, ��[,/j!5—& r A/A�� G Date _� 7 Name and Title of Officer (�.g., Jane D_oe, Notar)/Public') personally appeared Tir'G<& N me(s) of Signer(s) ROSLYN s. FOSTER Commission # 1355649 Z Z Notary Public - California Orange County My Comm. Expires May 7, 2006 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personal whose name(sj is/xK subscribed to the within instrument and acknowledged to me that he/ske/t1;<executed the same in his/iieltjl e& authorized capacityQel, and that by his/4erth,err signature*ron the instrument the person(. r or the entity upon behalf of which the person($' acted, executed the instrument. WI )S my an and icial I. Si a re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: iflIeNt VN ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworlh, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 0 - ) 5 � I Bond No. 5624290 GREAT AMERICAN INSURANCE COMPANY Q aazct lamas Ohio CA .H1 i.'ou SJ:o 3;k. if C :Ei'. Cii'Ei_'1E33.i %� t i`Glili'• 01 n-)iEC:I i32•,ti .. lS ..<i1,"' >: j 1E3;:i'•. ELi E)J. Ci.'•;E, .":.i3 _,i ..E331' E;I)3C "•:.ii not be ohs :: 'd :"..::q'a"' okxEuj. !S'13w_d: AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Park Landscape Maintenance, Inc. 815 South Grand Ave. Santa Ana CA 92705 OWNER (Name and Address): City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92658-8915 SURETY (Name and Principal Place of Business): GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI, OHIO 45202 CONSTRUCTION CONTRACT Date: October lst 2002 Amount: $78, 237.00 Description (Name and Location): Landscape Maintenance Functions On Medians And Roadsides BOND Date (Not earlier than Construction Contract Date): October 25th, 2002 Amount: $78, 237. 00 Modifications to this Bond: ❑X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Park Landscape Maintenance, Inc. Signature: �- --/ Name and Title: (Any additional signatures appear on pade 3) SURETY GREAT AMERICAN INSURANCE COMPANY Company: (Corporate Seal) Signature: 44�PY--, Name and Title: suz ne Adams Attorney -In -Fact (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Smith, Newman & Adamson other party): 1800 E. Lambert Road #215 Brea CA 92821 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® A312-1984 1 F.9748B (9/99) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 It the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and, the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® F.9748B (9/99) A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Park Landscape Maintenance, Inc. Signature: .=� —� e Name and Title: Address: SURETY GREAT AMERICAN INSURANCE COMPANY Company: (Corporate Seal) Signature: — Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® F.9748B (9/99) A312-1984 3 GME T AIVERICAN INSURANCE COMPANY® 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No.0 14037 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TED ADAMSON ALL OF ALL RICHARD L. WELLS BREA,_ CALIFORNIA UNLIMITED SUZANNE ADAMS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of April , 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 5th day of April, 2001 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and herebyis authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 25th c, N,OC 11I 10'71 day of October 1,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/25/02 Date personally appeared _ before me, Suzanne Adams CYNTHLAA. WHEELER Commission # 1215694 [[[[[ z - Notary Public - California i Orange County MyCoram, Expi rm Apr 11, 2003 ss. Cynthia A. Wheeler, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Name(s) of Signer(s) ® personally known to me ❑ 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Abovegig—nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ' ElCorporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ��ss. County of or On 10"k%O o2 before me, 0 N '4— Dale /y Name and Title of Officer (e.g., 'Jane Doe, Notary P blic") personally appeared James Name(s)of Signer(s) ...La ..all ROSLYN S. FOSTER Commission # 1355649 Z Notary Public - California Orange County MY Comm. EViree May 7, 2005 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e whose name(4 is/4j;e subscribed to the within instrument and acknowledged to me that hehjA f4 rexecuted the same in his/pefltber authorized capacity(yas'f, and that by his/V-11thetr' signaturefa°r'on the instrument the person�wl or the entity upon behalf of which the personke acted, executed the instrument. VIM. ..:. . ,�Slgm,lule Off Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 0 i c -may CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 1st day of October of 2002, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City "), and Park Landscape Maintenance, Inc., a General Partnership ( "Contractor or Park Landscape Maintenance "), is made with reference to the following Recitals: RECITALS WHEREAS, In 1995, the City determined it to be in the City's best economic interests to maintain medians and roadsides by private contract. WHEREAS, On April 8, 1996, City entered into a contract with a private contractor to perform landscape maintenance functions on medians and roadsides. WHEREAS, In January 2002, City annexed the area referred to as Newport Coast. The City needs to have landscape maintenance performed in the area accepted for maintenance by the City. WHEREAS, The Contractor desires to enter into an Agreement to provide services to the City and acknowledges that the City has relied upon its representations and commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. WHEREAS, The Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, common nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement NOW, THEREFORE, the Parties agree as follows: 1. TERM The Term of this Agreement shall be for a period of one (1) year. The term shall commence within ten (10) working days of City Council Approval and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for four (4) additional one (1) year terms (automatic extensions) with the first extension to commence upon the expiration of the initial term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any automatic extension, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. 1 2. CONTRACTOR DIES 0 Contractor shall perform the services specifically described in, and in strict compliance with the Scope of Work ( "Contract Services') requirements at the landscape maintenance locations listed in Exhibit C. The Contract Services shall be performed at least as frequently as specified in Exhibit A. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contract Services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit B. Bid Unit Prices and Costs are contained in Exhibits D and E. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement. 3. WORKMANSHIP, SUPERVISION AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the Contract Services and all members of the work force shall be legally documented. B. All Contract Services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be monitored by a certified California Landscape Contractors Association Landscape Technician I (irrigation). All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (in addition to irrigation and pesticide specialists) necessary to properly perform Contract Services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications by directly overseeing the contract operations. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. D. All Contractor personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Parks and Tree Maintenance Superintendent when performing Contract Services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. E. All work shall be performed in accordance with the highest landscape maintenance standards. 2 F. All vehicles9nd equipment used in conjunction9th the work shall be in good working order and have appropriate safety guards (mowers, etc.). All vehicles shall bear the identification of the Contractor and clearly post "Serving the City of Newport Beach." G. Contractor shall provide an Operation Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. An area supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. COMPENSATION TO CONTRACTOR A. City shall pay Contractor the sum of $78,237.00 per year. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices ". 5. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 6. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit B in performing Contract Services. Any deviation from the materials described in Exhibit B shall not be installed unless approved in advance by the City Administrator. B. City reserves the right to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and /or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. 7. REPAIRIREPLACEMENT A. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. B. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or it agents, employees, representative or officers. 3 C. Contractor tall repair damaged irrigation pipefcontrollers and valves only after the City Administrator has approved a written estimate of the cost of repair. D. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 8. EXAMINATION OF WORK SITES City makes no representation regarding the order or condition of any area or location for which Contractor is to provide services. City has also made no representation that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of the Agreement. 9. HOLD HARMLESS A. Contractor assumes all risk in any way related to the performance of Contract Services. Contractor agrees to indemnify, defend, save and hold harmless City, its elected and appointed boards and commissions, officers, agents, and employees from and against any loss, damages, liability, claims, costs, expenses or damages, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from, or in any way related to, the performance of Contract Services required by this Agreement, provided, however, Contractor's obligation in this regard shall not apply in the event of the fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to Contractor in the performance of services under this Agreement. C. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control of Contractor, Contractor shall not be relieved of its obligation to defend, indemnify, and hold City and its officers, employees and representative harmless, by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City. 4 0 10. INSURANCE 0 A. In addition to Contractor's obligation to defend, indemnify, and hold City harmless, Contractor shall obtain and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Insurance policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to performing any Contract Services. B. Prior to the commencement of work, Contractor shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements. At the option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class A -7 or better carriers: Worker's Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and one million dollars ($1,000,000) per accident Employers' Liability; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury; and property damage. If the policy contains a general aggregate limit, then the aggregate limit shall not be less than two million dollars ($2,000,000); 3. Commercial auto liability and property insurance covering all owned and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage; D. Endorsements to the policies providing the above insurance shall be obtained by Contractor, adding the following three provisions: Additional Insured: "The City of Newport Beach and its elected and appointed boards, officers, agents, and employees as additional insured." 2. Noticol 0 "The policy shall not terminate, nor shall it be canceled or the coverage reduced, until thirty (30) days after written notice is given to City.- 3. Other Insurance: "Any other insurance maintained by the City of Newport Beach shall be excess and not contributing with the insurance provided by this policy." E. Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of this Agreement. 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 performance of Contract Services. F. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor, a waiver of any right of subrogation which any such insurer of Contractor may acquire against City by virtue of the payment of any loss under insurance. 11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignments are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of Contract Services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of Contract Services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. R 12. RECORDS /REPOPS • A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within ten (10) days after the end of each month. Irrigation programming schedules will be submitted monthly. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service and a description of the action taken from the City call. E. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his /her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 7 0 0 14. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional turfgrass maintenance or landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to five hundred dollars ($500). B. City reserves the right to withdraw certain median or roadside locations from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the scope of services, compensation to Contractor shall be reduced in accordance with the bid unit costs specified in Exhibits D and E. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 15. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any .work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 16. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any disposal fees or other expenses unless authorized in writing by City Administrator. 17. LABOR AND PERFORMANCE BONDS Contractor shall furnish, concurrently with the effective date of this Agreement, a bond or other instrument satisfactory to the Administrator in an amount equal to fifteen thousand dollars ($15,000) as security for the Faithful Performance of this Agreement. 18. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 1.1 • • 19. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, consultant, employee or applicant for employment based on race, religion, color, sex, handicap, national origin, or other basis that violates the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 21. CONFLICTS OF INTEREST A. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 22. NOTICES All notice, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: General. Services Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 -8915 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: M 0 0 Park Landscape Maintenance, Inc. 815 South Grand Avenue Santa Ana, CA 92705 23. TERMINATION /DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this Agreement by giving written notice of termination. B. This Agreement may be terminated at anytime, without cause by City or Contractor, upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for Contract Services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and /or Contractor fails to satisfactorily perform Contract Services. City shall have the right to return funds withheld until the City Administrator determines that Contract Services are performed as well as required by this Agreement. 24. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party. 25. COMPLIANCE Contractor represents that it is familiar, and shall comply, with all state, federal, or local laws, rules, ordinance, statutes or regulations applicable to the performance of Contract Services. ITO 26. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 27. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. LaVonne Harkless, City Clerk APPROVED ASTO O iel K. Ohl, Deputy City Attorney 11 CITY OF NEWPORT BEACH A Municipal Corporation By: �� ,.� Park Landscape Maintenance, Inc. By: Title: 0 LIST OF EXHIBITS Exhibit A Maintenance Frequency Summary Exhibit B Standard Materials Exhibit C Locations Exhibit D Unit Prices Exhibit E Bid Unit Costs 12 • EXHIBIT A • MAINTENANCE FREQUENCY SUMMARY FUNCTION FREQUENCY Irri ation Ins ection lWeekly Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Tbree times /year Vertical Mow Once /year Aerate Twice /year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Twice /year Pest and Weed control As needed Visual Inspection Weekly Shrub, Vine, and Tree Maintenance Trim Four times/year Fertilize Twice /year (once /year for trees) Restake /Check Each site visittevery two weeks min. Visual Inspection Weekly Hardscape Maintenance Each site visit/weekly min. Grounds Policin itter Removal Six days/ week Site Inspection Six days/ week 13 0 0 EXHIBIT B STANDARD MATERIALS All material used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance Superintendent. STANDARD MATERIAL LIST: 1. Febco 825Y RP 2. Rainbird #ST -03UL Snap Tite Connectors 3. Rainbird #PT -55 Snap Tite Sealer 4. Toro Series Sprinklers 5. Griswald DW Series Elect. Valve 6. Rainmaster Evolution DX2 - Contact Al Lastuck of Rainmaster if you have any product questions (714)536 -3772. 7. Rainmaster EVMV 2 way master valve 8. Rainmaster EVFM Flow sensor 9. Rainmaster EV -SEN ADJ moisture sensor 10. Matco 754 Series Full Port Ball Valve 11. Class 200 PVC Lateral Pipe 12. Class 315 PVC Main Supply Pipe 1 1/2" and Larger 13. Schedule 40 PVC Main Supply Pipe 1 1/4" and Smaller 14. Rectangular Valve Box - Plastic -186L x 12 "W x 126Deep 15. Round Valve Box - Plastic - 10" 16. Rainbird #44 Quick Coupling Valve with Vinyl Cover 17. Control Wire: AWG, U.F. 600 -Volt Direct Burial Copper with PVC Insulation. 18. Head model to be selected by the City. Please contact Randy Kearns, Park Supervisor at (949) 644 -3082 to confirm this information. City uses and stocks the following Toro head series and these head models need no pre - approval for use. a. Toro 570C Pop Up b. Toro 300 series Stream Rotor -Pop Up c. Toro XP 300 Series - Pop Up d. Toro 640 Series - Turf Head e. Toro 500 Series Shrub Flood Bubbler f. Toro 2001 Turf Rotor g. Toro V1550 [El 0 0 TURF FERTILIZERS. ETC.: 1. All commercial fertilizers must be homogenous. 2. All organic fertilizers must have lowest salinity rate possible. 3. No steer or chicken manure is allowed. 4. All fertilizers, planting medium, humus material, etc. must be City approved. PLANT STOCK All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Park and Tree Maintenance Superintendent before planting. PESTICIDES All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. 15 • EXHIBIT C • LOCATIONS LOCATIONS Newport Coast Drive medians and parkways from Pelican Hill Road South to the 73 San Joaquin Hills Tollroad. Pelican Hill Road medians. Newport Ridge Drive medians and South/Southwest parkways from Newport Coast Drive to San Joaquin Hills Road. Newport Ridge Drive median immediately North of San Joaquin Hills Road. San Joaquin Hills Road medians from Newport Coast Drive to Spyglass Hill Road. San Joaquin Hills Road parkways from Newport Ridge Drive to Spyglass Hill Road. 16 0 0 EXHIBIT 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 items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. FUNCTION COST /UNIT OF MEASURE TURF Turf Mow -Reel Blade Turf Mow -Rotary Blade Turf Mow and Clippings Picked Up Turf Edge Turf String Trim Turf Chemical Edge 6" Swath Turf Chemical Edge 12" Swath Turf Aerify Turf Fertilize Turf Dethatch/Renovate Turf Sweeping Flail Mow of Natural Areas HARDSCAPE Cleaning and weed abatement GROUNDCOVERS Mow Edge Fertilize 17 $.001511000 Sq. Ft. $.0012/1000 Sq. Ft. $.002/1000 Sq. Ft. $.002/1000 Linear Ft. $.002/1000 Linear Ft. $.003/1000 Linear Ft. $.006/1000 Linear Ft. $.01 /1000Sq.Ft. $.013 /1000 Sq. Ft. $125 /Acre $.002/1000 Sq. Ft. $125 /Acre $.001 /1000 Sq. Ft. $.002/1000 Sq. Ft $.002/1000 Linear Ft. $.013 /1000 Sq. Ft. SHRUB PRUNING 1 -4 Feet, Lacing $5.00 /Shrub PEST CONTROL $2.00 /Shrub Turfdisease/insect spray -- -/1000 Sq. F. Boom Application $.001/1000 Sq. Ft, Hand Application $.01/1000 Sq. Ft. Turf Broadleaf Spray $250.00/Each Boom Application $.001 /1000 Sq. Ft. Hand Application $.01 /1000 Sq. Ft Groundcover disease /insect spray $.01 /1000 Sq. Ft. Shrub disease /insect spray $.01 /1000 Sq. Ft. Soil Sterilant Applicant $.01/1000 Sq. Ft. Turf Pre- Emergent $.01/1000 Sq. Ft. Landscape Planter Weed Control $.01 /1000 Sq. Ft. General Weed Control Post Emergent $.01 /1000 Sq. Ft. SHRUB PRUNING 1 -4 Feet, Lacing $5.00 /Shrub 1 -4 Feet, Hedging $2.00 /Shrub 4 plus Feet, Lacing $10.00 /Shrub 4 plus Feet, Hedging $4.00 /Shrub TREE PRUNING Up to 8 Feet $25.00 /Tree PLANTING I Gal. Shrub /Tree $7.00/Each 5 Gal. Shrub $17.00 /Each 5 Gal. Tree $25.00 /Each 15 Gal. Shrub $65.00 /Each 24" Box Tree $250.00/Each 64 Count Flat Groundcover $18.00/Flat Turf -Seed and Top Dress $100.00 /1000 Sq. Ft. Turf -Sod $100.00/1000 Sq. Ft. LABOR Landscape Maint. Laborer $17.00/Hour Landscape Maint. Leadworker $20.00/Hour Landscape Maint. Supervisor $35.00/Hour Irrigation Specialist $30.00/Hour Pest Control Applicator $35.00/Hour Tree Trimmer $45.00/Hour Equipment Operator Heavy Equip. $50.00/Hour • EXHIBIT E • BID UNIT COST LOCATIONS I UNIT COST/YEAR Newport Coast Drive medians and parkways from Pelican Hill Road South to the 73 San Joaquin Hills Tollroad. $43,908.48 Pelican Hill Road medians. $5,119.20 Newport Ridge Drive medians and South/Southwest parkways from Newport Coast Drive to San Joaquin Hills Road. $811.44 Newport Ridge Drive median immediately North of San Joaquin Hills Road. $12.60 San Joaquin Hills Road medians from Newport Coast Drive to Spyglass Hill Road. $17,740.80 San Joaquin Hills Road parkways from Newport Ridge Drive to Spyglass Hill Road. $10,644.48 19