HomeMy WebLinkAboutC-3880 - Contractor Agreement to Provide Landscape Maintenance for City Parks and FacilitiesAMENDMENT NO. FOUR TO
CONTRACTOR AGREEMENT WITH TRUGREEN LANDSCAPE
TO PROVIDE LANDSCAPE MAINTENANCE FOR
M CITY PARKS AND FACILITIES
THIS AMENDMENT NO. FOUR TO CONTRACTO�r REEMENT
( "Amendment No. Four"), is entered into as of this day of 0T2, by and
between the CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "),
and TRUGREEN LANDCARE, a Delaware Limited Liability Company whose address is
1323 West 130th Street, Gardena, California, 90247 ( "Contractor "), and is made with
reference to the following:
RECITALS:
A. On August 12, 2008, City and Contractor entered into an Agreement for
landscaping and maintenance services for the City's parks and facilities
( "Agreement ").
B. On July 14, 2009, City and Contractor entered into an amendment to the
Agreement to increase the scope of work and compensation to include
landscaping and maintenance services for Coastal Peak Park ( "Amendment No.
One ").
C. On September 14, 2010, City and Contractor entered into an amendment to the
Agreement to reflect reduced costs and decreased frequency of certain services
( "Amendment No. Two ").
D. On August 1, 2011, City and Contractor entered into an amendment to the
Agreement to reflect an increase in the scope of work and compensation to
include landscape maintenance for Balboa Yacht Basin ( "Amendment No.
Three ").
F. By way of a competitive bidding process, Contractor has been selected to
provide landscape maintenance services to Buck Gully at a fixed monthly cost.
G. City desires to enter into this Amendment No. Four to reflect the addition of
landscape maintenance services at Buck Gully to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SCOPE OF WORK
Section 2, subpart A of the Agreement shall be supplemented to include the addition of
services at the frequency as described in the Maintenance and Fequency Schedule
attached hereto as Exhibit A and incorporated herein by reference. The services shall
be conducted at the locations depicted in the Map of Lower Buck Gully attached hereto
as Exhibit B and incorporated herein by reference.
TrueGreen Landcare, LLC Page 1
2. COMPENSATION
Section 6, paragraph 1 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 Eight
Hundred Forty Five Thousand Two Hundred Dollars and no /100 ($845,200.00) per
Agreement year without prior written authorization from City ( "Total Amended Annual
Compensation "). Contractor shall submit invoices to City on a monthly basis. City shall
pay invoices within thirty (30) days after approval of an invoice by the City. Payment
shall be deemed made when deposited in the United States mail, first class postage
pre -paid, and addressed to Contractor as specificed in Section entitiled "Notices" in the
Agreement.
2.1 The Total Amended Annual Compensation reflects the addition of
Eighteen Thousand Dollars and no /100 ($18,000.00) per Agreement year.
3. INSURANCE
Section 12 of the Agreement shall be amended hereby and the following is substituted
in its entirety:
12.1 Provision of Insurance. Without limiting Contractors indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
12.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
12.3 Coverage Requirements.
12.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials,
employees and agents.
12.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
TrueGreen Landcare, LLC Page 2
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
12.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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 one
million dollars ($1,000,000) combined single limit for each accident.
12.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
12.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
12.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
12.4.3 Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
12.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
12.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
12.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
TrueGreen Landcare, LLC Page 3
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
12.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the contract to change the amounts and types of insurance
required by giving the Contractor ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Contractor, the City
and Contractor may renegotiate Contractor's compensation.
12.5.3 Right to Review Subagreements. Contractor agrees that upon
request, all agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such agreements will not impose any liability on City, or its
employees.
12.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
12.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
12.5.6 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
12.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractors right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
12.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
12.5.9 Contractor's Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
TrueGreen Landcare, LLC Page 4
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES NEXT PAGE]
TrueGreen Landcare, LLC Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Four
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: U3/11
By: 1:—v ,
Aaron C. Harp
City Attorney
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: T2T1�
By:
Dave i
I�pCity Manager
ATTEST: ''`�� CONTRACTOR: TRUGREEN
Date: �v' p—LANDSCAPE SERVICES, a Delaware
Limited Liability Company
Date:
By:
,! <.
Leilani I. BrownRory Malone
City Clerk r Branch Manager
( �r Date: `irk/iZ
By: l
Timothy Martinez
Southwest Regional Manager
Attachments: Exhibit A — Maintenance Frequency Schedule
Exhibit B — Map of Lower Buck Gully
Exhibit C — Monthly Cost of maintenance
A 11-00756/f.-1 appsl caticycoml wpdocsld0251 p005100013529. doc
TrueGreen Landcare, LLC Page 6
EXHIBIT A
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times /year
Vertical Mow
Once /year
Aerate
Twice /year, Four times for Sports Fields
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Perennial Rye Seed
Twice /year
Gypsum Application
Once /year, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre- emergent Application
Twice /year
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (once /year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Oak Trees - Liquid Iniect/Drench
Once /year
Hardscape Maintenance
Six days /week, Seven days /week
Memorial Dav thru Labor Day
Grounds Policing /litter Removal, Including
Six days /week, Seven days /week
Specialty /Sports Areas and Park Amenities
Memorial Day thru Labor Da
Site Inspection
Six days /week, Seven days /week
Memorial Day thru Labor Da
TrueGreen Landcare, LLC Page A -1
EXHIBIT A
(Continued)
FUNCTION
FREQUENCY
Sandalwood chip areas
Cleaned and raked
Six days /week, Seven days /week
Memorial Day thru Labor Da
Rototilled
Four times /year
Drinking Fountains
Six days /week, Seven days /week
Memorial Day thru Labor Da
Native Area Maintenance
Weed Control
As needed
Tree Handwatering
Weekly
The City Administrator and Contractor may agree to a modification of this
Schedule.
TrueGreen Landcare, LLC Page A -2
EXHIBIT Bo
Map of Lower Buck Gully
EXHIBIT C
Monthly Cost of Maintenance
Name
Location
Monthly Cost
Annual Cost
Lower Buck Gully
$1,260.00
$15,120.00
Additional funds for unforeseen repairs
$2,880.00
Total Annual Increase
$18,000.00
TrueGreen Landcare, LLC Page C -1
AMENDMENT NO. THREE TO
CONTRACTOR AGREEMENT WITH TRUGREEN LANDSCAPE
TO PROVIDE LANDSCAPE MAINTENANCE FOR
CITY PARIS AND FACILITIES
THIS AMENDMENT NO. THREE TO CONTRACTOR AGREEMENT
( "Amendment No. Three ") is entered into as of this 1 day of August, 2011, by
and between the CITY OF NEWPORT BEACH, a California Municipal corporation
( "City "), and TRUGREEN LANDCARE, LLC, a Delaware limited liability company
corporation whose address is 1323 West 1301h Street, Gardena, California, 90247
( "Contractor "), and is made with reference to the following:
RECITALS:
A. On August 12, 2008, City and Contractor entered into an Agreement for
landscaping and maintenance services for the City's parks and facilities
( "Agreement ").
B. On July 14, 2009, City and Contractor entered into an amendment to the
Agreement to increase the scope of work and compensation to include
landscaping and maintenance services for Coastal Peak Park ( "Amendment No.
One ").
C. On September 14, 2010, City and Contractor entered into an amendment to the
Agreement to reflect reducedcosts and decreased frequency of certain services
( "Amendment No. Two ").
D. Contractor provides landscape and maintenance services for City parks and
facilities ( "Project ").
E. By way of a competitive bidding process, Contractor has been selected to
provide landscape maintenance services to the Balboa Yacht Basin.
F. City desires to enter into this Amendment No. Three to reflect the addition of
landscape maintenance services at the Balboa Yacht Basin.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SCOPE OF WORK
Section 2, subpart A of the Agreement shall be supplemented to include the addition of
services at the frequency as described in Exhibit A and at the locations described in
Exhibit B. All exhibits are attached hereto and incorporated herein by reference.
Page 11
2. COMPENSATION
Section 6, paragraph 1 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 Eight
Hundred Twenty Seven Thousand Two Hundred Dollars and no /100 ($827,200.00)
per Agreement year without prior written authorization from City ( "Total Amended
Annual Compensation "). Contractor shall submit invoices to City on a monthly basis.
City shall pay invoices within thirty (30) days after approval of an invoice by the City.
Payment shall be deemed made when deposited in the United States mail, first class
postage pre -paid, and addressed to Contractor as specificed in Section entitiled
"Notices" in the Agreement.
2.1 The Total Amended Annual Compensation reflects the addition of Seven
Thousand Two Hundred and no /100 ($7,200.00) per Agreement year.
4. INSURANCE
A. Without limiting Contractor's indemnification of City, and prior to
commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to
City. The cost of such insurance shall be included in Contractor's bid.
B. Coverage and Limit Requirements.
i. Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's
liability insurance with limits of at least one million dollars ($1,000,000)
each type for Contractor's employees in accordance with the laws of
the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance
in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to
waive all rights of subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers. Contractor shall
submit to City, along with the required certificate of insurance, a copy
of such waiver of subrogation endorsement.
ii. General Liability. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000)
per occurrence, two million dollars ($2,000,000) General Aggregate
and two million dollars ($2,000,000) Products and Completed
Operations Aggregate for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
Coverage shall be at least as broad as that provided by Insurance
Services Office form CG 00 01. None of the policies required herein
Page 12
shall be in compliance with these requirements if they include any
limiting endorsement that has not been first submitted to City and
approved in writing.
iii. Automobile Liability. 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 one million
dollars ($1,000,000) combined single limit for each accident.
iv. Builders Risk. For Agreements or Contracts with Construction /Builders
Risk property exposures, Contractor shall maintain Builders Risk
insurance or an installation floater as directed by City, covering
damages to the Work for "all risk" or special form causes of loss with
limits equal to one hundred percent (100 %) of the completed value of
contract, with coverage to continue until final acceptance of the Work
by City. At the discretion of City, the requirement for such coverage
may include additional protection for Earthquake and /or Flood. City
shall be included as an insured on such policy, and Contractor shall
provide the City with a copy of the policy.
C. Other Insurance Provisions or Requirements
i. Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required
herein, along with a waiver of subrogation endorsement for workers'
compensation and an additional insured endorsement for general
liability. Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on
file with City at all times during the term of this Agreement. All of the
executed documents referenced in this Agreement must be returned
within ten (10) working days after the date on the "Notification of
Award," so that the City may review and approve all insurance and
bond documentation. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
ii. General liability insurance provisions Primary and excess or umbrella
liability policies are to contain, or be endorsed to contain, the following
provisions:
a. City, its elected or appointed officers, agents, officials,
employees, and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed
by or on behalf of Contractor, including the insured's general
supervision of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor.
The coverage shall contain no special limitations on the scope
Page 13
of protection afforded to City, its elected or appointed officers,
officials, employees, agents or volunteers. Contractor shall
submit to City a copy of the additional insured endorsement
along with the required certificates of insurance.
b. Contractor's insurance coverage shall be primary insurance
and /or primary source of recovery as respects City, its elected
or appointed officers, agents, officials, employees and
volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to the City. Any insurance or self- insurance
maintained by City, its officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
c. Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
D. 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.
E. Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with 30 days notice of cancellation (except
for nonpayment for which 10 days notice is required) or nonrenewal of
coverage for each required coverage except for builder's risk insurance.
The builder's risk policy will contain or be endorsed to contain a provision
providing for 30 days written notice to City of cancellation or nonrenewal,
except for nonpayment for which 10 days notice is required.
F. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self- insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self- insure its
obligations to City. If contractor's existing coverage includes a self- insured
retention, the self- insured retention must be declared to City. City may
review options with the contractor, which may include reduction or
elimination of the self- insured retention, substitution of other coverage, or
other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from
Contractor's performance under this agreement.
Page 14
H. Waiver. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected
or appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to
a loss. Contractor hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses
from each of its subcontractors.
I. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
J. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
K. City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become
due to Contractor hereunder until Contractor demonstrates compliance
with the requirements of this article. In the alternative, City may purchase
the required coverage and charge Contractor the cost of the premiums or
deduct the cost from Contractor's payments.
L. Coverage not Limited. All insurance coverage and limits provided by
contractor and available or applicable to this agreement are intended to
apply to the full extent of the policies. Nothing contained in this agreement
or any other agreement relating to the city or its operations limits the
application of such insurance coverage.
M. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under
this or any other contract or agreement with the City. Contractor shall
provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate
of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City within five days of the expiration of the coverages.
Page 15
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES NEXT PAGE]
Page 16
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By.
41 a //
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By: /A —'
Leilani I. Brown
City Clerk o�a� Rree
�crcpnN`�
CITY OF NEWPORT BEACH,
A California Municipal Corporation
imlagnrl _ \
City Manager
CONTRACTOR: Trugreen Landcare
LLC, Delaware limited liability company
By:
N e: Kenn tites
Title: Bra ch ana er
Name:
[END OF SIGNATURES]
Attachments: Exhibit A — Maintenance Frequency Schedule
Exhibit B — Site Location
Page 17
EXHIBIT A
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times /year
Vertical Mow
Once /year
Aerate
Twice /year, Four times for Sports Fields
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Perennial Rye Seed
Twice /year
Gypsum Application
Once /year, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre - emergent Application
Twice /year
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (once /year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Oak Trees - Liquid Iniect/Drench
Once /year
Hardscape Maintenance
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Grounds Policing /litter Removal, Including
Six days /week, Seven days /week
-Specialty/Sports Areas and Park Amenities
Memorial Dav thru Labor Da
Site Inspection
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Exhibit B Page 11
EXHIBIT A
(Continued)
FUNCTION
FREQUENCY
Sandiwood chip areas
Cleaned and raked
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Rototilled
Four times /year
Drinking Fountains
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Native Area Maintenance
Weed Control
As needed
Tree Handwatering
Weekly
The City Administrator and Contractor may agree to a modification of this
Schedule.
Exhibit B Page 12
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AMENDMENT NO. TWO TO
CONTRACTOR AGREEMENT WITH TRUGREEN LANDCARE
FOR LANDSCAPE MAINTENANCE FOR CITY'S PARKS AND FACILITIES
THIS AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT ( "Amendment
No. One "), is entered into as of this 14th day of September, 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and
TRUGREEN LANDCARE, a California General Partnership, whose address is 1323
West 130th Street, Gardena, California, 90247 ( "Contractor "), and is made with
reference to the following:
RECITALS:
A. On August 30, 2006, City and Contractor entered into a Contract Service
Agreement for landscaping and maintenance services for the City's parks and
facilities ( "Agreement ").
B. On July 14, 2009, City and Contractor entered into an amendment to the
Agreement ( "Amendment No. One ") to increase the scope of work and
compensation to include landscaping and maintenance services for Coast Peak
Park.
C. Contractor provides landscaping and maintenance services for City parks and
facilities ( "Project ").
D. In an effort to reduce City expenditures, Contractors were asked to reduce costs
and decrease the frequency of certain services.
E. City desires to enter into this Amendment No. Two to reflect the negotiated
reduced costs agreed upon between the parties, as provided herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement and Section 1 of Amendment No. One shall be
amended hereby and the following is substituted in its entirety: The term of the
Agreement shall terminate on August 31, 2013, unless terminated earlier as
provided for in the Agreement.
2. SCOPE OF WORK
Section 2 of the Agreement and Section 2 of Amendment No. One shall be
amended hereby by replacing Exhibit C with the Exhibit C attached hereto and
incorporated herein.
Exhibit A Page 11
3. COMPENSATION
Section 6 of the Agreement and Section 3 of Amendment No. One shall be
amended hereby and the following is substituted in its entirety: City shall pay to
Contractor an amount not to exceed Eight Hundred Twenty Thousand Dollars
and no /100 ($820,000.00) per Agreement year without prior written authorization
from City ( "Total Amended Annual Compensation "). Contractor shall submit
invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after approval of an invoice by the City. Payment shall be deemed made when
deposited in the United States mail, first class postage pre -paid, and addressed
to Contractor as specificed in Section entitiled "Notices" in the Agreement.
3.1 The Total Amended Annual Compensation reflects Contractors reduction
in rates for a total of One Hundred Ninety Three Thousand Three Hundred
Ninety Seven Dollars and 50/100 ($193,397.50) per Agreement year.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
[SIGNATURES NEXT PAGE]
Exhibit A Page 12
ATTEST:
By:
Leilani I. Brown r"' 'Zly ®
City Clerk
H
CITY OF NEWPORT BEACH,
A California Municipal C rporation
By: U
Keith Curry
Mayor
APPROVED AS TO FORM: CONTRACTOR: pp �� CONTRACTOR: TRUGREEN
OFFICE OF THE CITY ATTORNEY fteumopp, LANDCARE, a California General
Partnership
By:r,A..By:
Leonie Mulvilhill Name: ke.;, tAx�f f
Assistant City Attorney Title , g«,( Mon
By: V* -N 1,a
Name Notvor c4 ze i �
Title p��.q�,,�,u� $4m j ar
[END OF SIGNATURES]
Attachments: Exhibit C - Maintenance Frequency Schedule
Exhibit A Page 13
EXHIBIT C
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times /year
Vertical Mow
Once /year
Aerate
Twice /year, Four times for Sports Fields
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Perennial Rye Seed
Twice /year
Gypsum Application
Once /year, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre - emergent Application
Twice /year
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (once /year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Oak Trees - Liquid Iniect/Drench
Once /year
Hardscape Maintenance
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Grounds Policing /litter Removal, Including
Six days /week, Seven days /week
Specialty /Sports Areas and Park Amenities
Memorial Dav thru Labor Da
Site Inspection
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Exhibit A Page 14
EXHIBIT C
(Continued)
FUNCTION
FREQUENCY
Sandlwood chip areas
Cleaned and raked
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Rototilled
Four times /year
Drinking Fountains
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Native Area Maintenance
Weed Control
As needed
Tree Handwatering
Weekly
The City Administrator and Contractor may agree to a modification of this
Schedule.
Exhibit A Page 15
U
a- 21�OL
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
SEP 14 iP'fl
Agenda Item No. 14
September 14, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, (949) 644 -3055
mharmon @newportbeachca.gov
SUBJECT: Approval of Four (4) Landscape Contract Amendments
ISSUE:
Staff has renegotiated contracts with the following four (4) firms that provide landscape
maintenance services to the City: West Coast Arborists, Inc., TruGreen Landcare, Inc.,
Park West Landscape Maintenance, Inc., and Merchants Landscape Services, Inc. The
amendments to these contracts are attached to this report for City Council
consideration.
RECOMMENDATION:
Staff recommends that the City Council approve the following contract amendments:
Annual Not To Exceed Amount
1)
West Coast Arborists, Inc.
$710,000
2)
TruGreen Landcare, Inc.
$820,000
3)
Park West Landscape, Inc.
$455,000
4)
Merchants Landscape Services, Inc.
$710,000
Reducing the funding levels to the contracts listed above will reduce overall landscape
maintenance cost by approximately $600,000 per year.
DISCUSSION:
Background
The General Services Department currently contracts with the following firms for
landscape maintenance:
Approval of Four (4) Landscape Contract Amendments
September 14, 2010
Page 2
1) West Coast Arborists, Inc.- WCA is responsible for maintaining the urban
forest through scheduled grid trimming of neighborhood trees, responding
to tree related emergencies due to storms, vehicle accidents, etc., and the
removal and replacement of city trees as necessary.
2) TruGreen Landcare, Inc.- TruGreen is responsible for turf maintenance in
all City parks, sports fields and facilities. This work includes irrigation,
hardscape maintenance, and litter removal.
3) Park West Landscape Maintenance, Inc.- Park West is responsible for
landscape maintenance services in the Newport Coast area, including
roadside slopes, medians and parkways, 14 acres of nature parks, and
landscaped areas surrounding the Newport Coast Community Center and
Newport Ridge Fire Station.
4) Merchants Landscape Services, Inc.- With the exception of the Park West
work listed above, Merchants maintains all of the City's medians and
roadway areas, including turf, ground- cover, shrub, and hardscape
maintenance.
The landscape maintenance contracts listed above represent the largest contracted
service managed by the General Services Department, with a combined cost of
approximately $3.5M in FY 2009 -2010.
During the development of the FY2010 -2011 budget, staff was tasked with looking at
ways to reduce operational costs in areas that would have the least impact on our
residents and visitors. General Services staff met several times with our landscape
contractors to thoroughly review the existing services provided, and to work together to
identify areas where service levels could be reduced to provide cost reductions for the
City. This renegotiation of the service agreements with our landscape contractors has
resulted in a projected cost savings of $600,000 for FY 2010 -2011, while continuing to
provide quality services for our customers.
Service Level Changes and Potential Impacts
Staff is working closely with our landscape contractors to minimize the impact to our
community due to the contract changes. We will reduce the frequency of such activities
as aerating select turf areas, trimming, fertilizer applications, and replacing damaged or
dead vegetation. Given the limited funds, staff will closely manage the contracts so that
service levels are maintained in high profile parks and facilities, i.e. sports parks,
recreation centers, etc., while reducing maintenance frequency in other areas.
The greatest impact may be in the reduction of funding for the West Coast Arborists
contract. This amendment will directly result in changing the trimming cycle in most
Approval of Four (4) Landscape Contract Amendments
September 14, 2010
Page 3
neighborhoods from the current practice of trimming every three years, to a trim cycle of
every four years. In areas where ocean views are highly regarded and protected, this
change may result in concerns from residents. In addition to the trimming cycle, staff
has deferred all new tree planting until funding becomes available.
Staff will continue to monitor any issues or concerns and report back to City Council
with a recommendation to adjust the funding level for tree maintenance if necessary.
FINANCIAL REVIEW:
Renegotiating the contracts reduced the Parks and Trees Operating budgets by
approximately $600,000 in FY 2010 -2011 ( #3170 -8080 and #3180 - 8080). The current
budget that was approved by City Council in June 2010 included this reduced amount of
funding based on the revised landscape agreements, and therefore, a budget
amendment is not needed for this action.
ENVIRONMENTAL REVIEW:
This project does not require environmental review.
PUBLIC NOTICE:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
LEGAL REVIEW:
The City Attorney's Office has reviewed this report and signed the attached
Amendments.
Submitted /Prepared by:
/PA4��
Mark Harmon
General Services Director
Attachments
1) Contract Amendment for West Coast Arborists, Inc.
2) Contract Amendment for TruGreen Landcare, Inc.
3) Contract Amendment for Park West Landscape Maintenance, Inc.
4) Contract Amendment for Merchants Landscape Services, Inc.
Attachment 1
AMENDMENT NO. THREE TO CONTRACTOR AGREEMENT WITH WEST COAST
ARBORISTS, INC. FOR CITY TREE TRIMMING SERVICE
THIS AMENDMENT NO. THREE TO CONTRACTOR AGREEMENT
( "Amendment No. Three "), is entered into as of this 14th day of September, 2010, by
and between the CITY OF NEWPORT BEACH, a California Municipal corporation
( "City "), and WEST COAST ARBORISTS, INC., a California corporation whose address
is 7072 Thomas Street, Buena Park, California, 90621 ( "Contractor'), and is made with
reference to the following:
RECITALS:
A. On December 3, 1993, City and Contractor entered into a Contractor Agreement
for general City tree maintenance services ( "Agreement').
B. On June 12, 1995, City and Contractor amended the Agreement extending the
term of the Agreement to December 4, 2004 ( "Amendment No. One ").
C. On February 17, 2004, City and Contractor entered into a Second Amendment to
the Agreement for general City tree maintenance services extending the term of the
Agreement to December 4, 2013 ( "Amendment No. Two ").
D. Contractor provides general tree maintenance services including trimming,
pruning, planting and removing of City trees ( "Project').
E. In an effort to reduce City expenditures, Contractors were asked to reduce costs
and decrease the frequency of certain services.
F. City desires to enter into this Amendment No. Three to reflect the negotiated
reduced costs agreed upon between the parties, as provided herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. COMPENSATION TO CONTRACTOR
Paragraph 4 of the Agreement shall be amended hereby and the following is
substituted in its entirety: City shall pay to Contractor an amount not to exceed
Nine Hundred Fifty Thousand Dollars and 00/100 ($950,000.00) per
Agreement year without prior written authorization from City (`Total Amended
Annual Compensation ").
Contractor shall submit invoices to City on a monthly basis describing the Work
performed the preceeding month. Contractors bills shall include a brief
description of the Services performed and /or the specific task to which the
charges relate and the date and location of the Services performed. City shall
Page I1
pay invoices within thirty (30) days after approval of an invoice by the City.
Payment shall be deemed made when deposited in the United States mail, first
class postage pre -paid, and addressed to Contractor as specified in Section
entitled "Notices" in the Agreement.
1.1 The Total Amended Annual Compensation reflects Contractors reduction in rates
and /or Services for a total of Two Hundred Two Thousand Seven Hundred
Twenty Five Dollars and 78/100 ($202,725.78) per Agreement year.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and
effect.
[SIGNATURES NEXT PAGE]
SME
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Leonie Mulvihill
Assistant City Attorney
ATTEST:
UM
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California Municipal Corporation
IN
Keith Curry, Mayor
CONTRACTOR: West Coast Arborists
0
M
[insert name]
[insert corporate officer title]
[insert name]
[insert financial officer title]
Page 13
Attachment 2
AMENDMENT NO. TWO TO
CONTRACTOR AGREEMENT WITH TRUGREEN LANDCARE
FOR LANDSCAPE MAINTENANCE FOR CITY'S PARKS AND FACILITIES
THIS AMENDMENT NO. TWO TO CONTRACTOR AGREEMENT ( "Amendment
No. One "), is entered into as of this 14th day of September, 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and
TRUGREEN LANDCARE, a California General Partnership, whose address is 1323
West 130th Street, Gardena, California, 90247 ( "Contractor"), and is made with
reference to the following:
RECITALS:
A. On August 30, 2006, City and
Agreement for landscaping and
facilities ( "Agreement ").
Contractor entered into a Contract Service
maintenance services for the City's parks and
B. On July 14, 2009, City and Contractor entered into an amendment to the
Agreement ( "Amendment No. One ") to increase the scope of work and
compensation to include landscaping and maintenance services for Coast Peak
Park.
C. Contractor provides landscaping and maintenance services for City parks and
facilities ( "Project ").
D. In an effort to reduce City expenditures, Contractors were asked to reduce costs
and decrease the frequency of certain services.
E. City desires to enter into this Amendment No. Two to reflect the negotiated
reduced costs agreed upon between the parties, as provided herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
im
f�
TERM
Section 1 of the Agreement and Section 1 of Amendment No. One shall be
amended hereby and the following is substituted in its entirety: The term of the
Agreement shall terminate on August 31, 2013, unless terminated earlier as
provided for in the Agreement.
SCOPE OF WORK
Section 2 of the Agreement and Section 2 of Amendment No. One shall be
amended hereby by replacing Exhibit C with the Exhibit C attached hereto and
incorporated herein.
Exhibit A Page 11
3. COMPENSATION
Section 6 of the Agreement and Section 3 of Amendment No. One shall be
amended hereby and the following is substituted in its entirety: City shall pay to
Contractor an amount not to exceed Eight Hundred Twenty Thousand Dollars
and no /100 ($820,000.00) per Agreement year without prior written authorization
from City ( "Total Amended Annual Compensation "). Contractor shall submit
invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after approval of an invoice by the City. Payment shall be deemed made when
deposited in the United States mail, first class postage pre -paid, and addressed
to Contractor as specificed in Section entitiled "Notices" in the Agreement.
3.1 The Total Amended Annual Compensation reflects Contractors reduction
in rates for a total of One Hundred Ninety Three Thousand Three Hundred
Ninety Seven Dollars and 50/100 ($193,397.50) per Agreement year.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
[SIGNATURES NEXT PAGE]
Exhibit A Page 12
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A California Municipal Corporation
By:
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
By:
Keith Curry
Mayor
CONTRACTOR: TRUGREEN
LANDCARE, a California General
Partnership
By:
[insert name]
[insert corporate officer title]
By:
[insert name]
[insert financial officer title]
[END OF SIGNATURES]
Attachments: Exhibit C — Maintenance Frequency Schedule
Exhibit A Page 13
EXHIBIT C
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times /year
Vertical Mow
Once /year
Aerate
Twice /year, Four times for Sports Fields
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Perennial Rye Seed
Twice /year
Gypsum Application
Once /year, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre - emergent Application
Twice /year
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (once /year for trees)
Restake /Check
Each site visittevery two weeks min.
Visual Inspection
Weekly
Oak Trees - Liquid Iniect/Drench
Once /year
Hardscape Maintenance
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Grounds Policing /litter Removal, Including
Six days /week, Seven days /week
Specialty/Sports Areas and Park Amenities
Memorial Dav thru Labor Da
Site Inspection
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Exhibit A Page 14
EXHIBIT C
(Continued)
FUNCTION
FREQUENCY
Sandlwood chip areas
Cleaned and raked
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Rototilled
Four times /year
Drinking Fountains
Six days /week, Seven days /week
Memorial Dav thru Labor Da
Native Area Maintenance
Weed Control
As needed
Tree Handwatering
Weekly
The City Administrator and Contractor may agree to a modification of this
Schedule.
Exhibit A Page 15
Attachment 3
AMENDMENT NO. ONE TO
CONTRACTOR AGREEMENT WITH
PARK WEST LANDSCAPE MAINTENANCE SERVICES
FOR NEWPORT COAST
THIS AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT ( "Amendment
No. One "), is entered into as of this 14 day of September, 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and PARK
WEST LANDSCAPE MAINTENANCE, INC., a California corporation whose address is
22421 Gilberto Suite A, Rancho Santa Margarita, CA 92688 ( "Contractor "), and is made
with reference to the following:
RECITALS:
A. On September 25, 2007 City and Contractor entered into an Agreement for
landscaping and maintenance services to the Newport Coast Area
( "Agreement').
B. Contractor provides landscaping and maintenance services to the Newport Coast
area, including approximately 65 acres of evergreen slopes; 13 acres of roadway
medians and parkways; 14 acres of nature parks; and the landscaped areas
surrounding the Newport Coast Community Center and Newport Ridge Fire
Station ('Project').
C. In an effort to reduce City expenditures, Contractors were asked to reduce costs
and decrease the frequency of certain services.
D. City desires to enter into this Amendment No. One to reflect the negotiated
reduced costs agreed upon between the parties, as provided herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SCOPE OF WORK
Section 2 of the Agreement be amended hereby by replacing Exhibit C with the
Exhibit C attached hereto and incorporated herein.
2. COMPENSATION
Section 6 of the Agreement shall be amended hereby and the following is
substituted in its entirety: City shall pay to Contractor an amount not to exceed
Four Hundred Fifty Five Thousand Dollars and no /100 ($455,000.00) per
Agreement year without prior written authorization from City ( "Total Amended
Annual Compensation "). Contractor shall submit invoices to City on a monthly
Exhibit A Page 11
basis. City shall pay invoices within thirty (30) days after approval of an invoice
by the City. Payment shall be deemed made when deposited in the United States
mail, first class postage pre -paid, and addressed to Contractor as specificed in
Section entitiled "Notices" in the Agreement.
2.1 The Total Amended Annual Compensation reflects Contractors reduction
in rates for a total of One Hundred Eleven Thousand Nine Hundred and
Eighty Dollars and 70/100 ($111,980.70) per Agreement year.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
[SIGNATURES NEXT PAGE]
Exhibit A Page 12
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A California Municipal Corporation
By: By:
Leonie Mulvihill Keith Curry
Assistant City Attorney Mayor
ATTEST: CONTRACTOR: PARK WEST
LANDSCAPE MAINTENANCE, INC., a
California Corporation
By: By:
Leilani I. Brown [insert name]
City Clerk [insert corporate officer title]
By:
[insert name]
[insert financial officer title]
[END OF SIGNATURES]
Attachments: Exhibit C — Maintenance Frequency Schedule
Exhibit A Page 13
EXHIBIT C
Maintenance Frequency Schedule '
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Three times /year
Vertical Mow
Once /year— including seeding and
topdress
Aerate
Twice /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Three times /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre - emergent herbicide
Three times /year
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (once /year for trees)
Restake /Check
Each site visit /every two weeks min.
Visual Inspection
Weekly
Pre - emergent herbicide
Three times /year
Hardscape Maintenance
Each site visit/weekly min.
Grounds Policing /Litter Removal
Six days /week
Site Inspection
Six days /week
The City Administrator and Contractor may agree to a modification of this
Schedule.
Exhibit A Page 14
Attachment 4
AMENDMENT NO. ONE TO
CONTRACTOR AGREEMENT WITH
MERCHANTS LANDSCAPE SERVICES, INC.
TO PROVIDE LANDSCAPE MAINTENANCE FOR
CITY MEDIANS AND ROADWAYS
THIS AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT ( "Amendment
No. One "), is entered into as of this 14TH day of September, 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal corporation ( "City "), and
MERCHANTS LANDSCAPE SERVICES, INC., a California corporation whose address
is 1639 East Edinger Avenue, Suite C, Santa Ana, CA 92705 ( "Contractor "), and is
made with reference to the following:
RECITALS:
A. On November 13, 2007 City and Contractor entered into an Agreement for
landscaping and maintenance services fir the City's Medians and Roadways
( "Agreement ").
B. Contractor provides landscape and maintenance services for approximately 96
acres of the City's median and roadway areas, including turf, ground cover, tree
and hardscape maintenance ( "Project ").
C. In an effort to reduce City expenditures, Contractors were asked to reduce costs
and decrease the frequency of certain services.
D. City desires to enter into this Amendment No. One to reflect the negotiated
reduced costs agreed upon between the parties, as provided herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SCOPE OF WORK
Section 2 of the Agreement be amended hereby by replacing Exhibit C with the
Exhibit C attached hereto and incorporated herein.
2. COMPENSATION
Section 6 of the Agreement shall be amended hereby and the following is
substituted in its entirety: City shall pay to Contractor an amount not to exceed
Seven Hundred Ten Thousand and no /100 ($710,000.00) per Agreement year
without prior written authorization from City ( "Total Amended Annual
Compensation "). Contractor shall submit invoices to City on a monthly basis. City
shall pay invoices within thirty (30) days after approval of an invoice by the City.
Exhibit A Page 11
Payment shall be deemed made when deposited in the United States mail, first
class postage pre -paid, and addressed to Contractor as specificed in Section
entitiled "Notices" in the Agreement.
2.1 The Total Amended Annual Compensation reflects Contractors reduction
in rates for a total of One Hundred One Thousand Eight Hundred and
Forty Dollars and 80/100 ($101,840.80) per Agreement year.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
[SIGNATURES NEXT PAGE]
Exhibit A Page 12
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Leonie Mulvihill
Assistant City Attorney
ATTEST:
M
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A California Municipal Corporation
M
Keith Curry
Mayor
CONTRACTOR: MERCHANTS
LANDSCAPE SERVICES, INC., a
California Corporation
22
[insert name]
[insert corporate officer title]
[insert name]
[insert financial officer title]
[END OF SIGNATURES]
Exhibit C — Maintenance Frequency Schedule
Exhibit A Page 13
AMENDMENT NO. 1
TO CONTRACT SERVICE AGREEMENT
WITH TRUGREEN LANDCARE, LLC
FOR LANDCAPE MAINTENANCE FOR CITY'S PARKS AND FACILITIES
M
THIS AMENDMENT NO. 1 TO CONTRACT SERVICE AGREEMENT, is entered
into as of this 14-it day of July 2009, by and between the CITY OF NEWPORT BEACH,
a Municipal Corporation ( "CITY "), and TRUGREEN LANDCARE, LLC, a California
Limited Liability Company, whose address is 1323 West 130th Street, Gardena,
California, 90247 ( "CONTRACTOR "), and is made with reference to the following:
RECITALS:
A. On August 12, 2008, CITY and CONTRACTOR entered into a Contract Service
Agreement, hereinafter referred to as "AGREEMENT," for landscape
maintenance services for the City's Parks and Facilities "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect the addition of
Coastal Peak Park, a park located in Newport Coast with baseball /soccer fields,
a tot lot, restrooms and Pacific Ridge trailhead requiring landscape maintenance
services not included in the AGREEMENT.
C. CITY assumes maintenance responsibilities for Coastal Peak Park from The
Irvine Company on or around September 2009.
D. City solicited and reviewed bid proposals for Services at Coastal Peak Park and
determined Contractor was the lowest responsible bidder.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
Unless terminated early in accordance with Section 26 of the Agreement, the
term for Amendment No. 1 shall be good a period of two (2) years. The Term
shall commence on August 31, 2009, upon completion of the first contract year
for Agreement, and whereby the City grants a one year automatic extension for
the original scope of services. The term of this Amendment No. 1 shall
automatically be extended for two (2) additional one (1) year tems ( "automatic
extensions ") with the extensions to automatically commence upon the expiration
of the intial term or any extended term, unless the City notifies Contractor in
writing at least thirty (30) days before the end of the intial term or any extension.
Time is of the essence in the preformace of services under this agreement.
The commencement of actual maintenance services shall not coincide with the
contract term inception date. The current installation contractor is obligated to
successfully complete a 60 -day Establishment period followed by a 60 -day
maintenance period. The City may elect to extend either or both periods at is
soel discretion. Therefore, the Contractor will be notified in writing at least
fifteen(15) days prior to the commencement of actual maintenance services. The
Contractor shall receive prorated compensation based on the actual work
performed for the partial month.
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
2. SCOPE OF SERVICES
In compliance with all terms and conditions of the Agreement and this Amendment,
Contractor shall perform the additional 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 Coastal Peak Park Maintenance Location /Acreage noted by
Exhibits 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. Unit Prices and Costs are
contained in Exhibits F and G. Irvine Ranch Water District (IRWD) Landscape
Irrigation Guidelines are contained in Exhibit H. All of the Exhibits are considered to
be a part of, and are incorporated into, this Agreement by reference.
3. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of One - hundred Six thousand Twenty Dollars
($106,020.00) per year ( "Contract Amount ") to perform all the work and services
contemplated by 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, August 31, 2011, 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 for Amendment No. 1 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
2
Consumer Price Index for the same calendar month immediately prior to
Commencement Date. For example, if the adjustment is to occur effective July 1,
2010, the index to be used for the numerator is the index for the month of April 2010
and the index to be used for the denominator is the index for the month of April
preceding the Commencement Date. The "Consumer Price Index" to be used in
such calculation is the Consumer Price Index, All Urban Consumers (All Items), for
the Los Angeles Anaheim Riverside Metropolitan Area, 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.
4. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to City a
performance bond in the sum of 100% of the contract price for one year, in the
form provided by the City Clerk, which secures the faithful performance of this
Agreement. The bond shall contain the original notarized signature of an
authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if
the Contractor promptly and faithfully performs all terms and conditions of this
Agreement.
B. The performance bond required by this Agreement shall be satisfactory only if
issued by a company qualified to do business in California, rated "A" or better in
the most recent edition of Best Rating Guide, The Key Rating Guide or in the
Federal Register, and only if they are of a financial category Class VII or better,
unless such requirements are waived by the Risk Manager of the City.
5. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
yn a eyaa a pE
Assistant Cit A rney
ATTEST:
By: V� �-
Leilani Brown,
City Clerk
Exhibits:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
CITY
A Mu
By: " / X
Edward
Mayor
CONSULTANT:
By:_ /
JQaFl9erate E*ffieer-7'
Title:
Print Name:
Br,
Title: D;y:s)v Yic.*- Prns.4t./
Print Name: f2n Rerek,lp
Scope of Work
Coastal Peak Park Maintenance Location /Acreage
Maintenance Frequency Schedule
Standard Materials
Required Reports
Unit Prices
Total Cost
Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines
0
I
EXHIBIT A
Scope of Work
1. INTENT
The intent of these specifications is to provide full and complete contract
landscape maintenance at Coastal Peak Park, herein described, and that such
site be kept in a healthy, weed free, vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform landscape
maintenance as described herein including, but not limited to, the following:
1. Weeding, cultivating and brush control, both mechanically and with
chemicals.
2. Turfgrass weed eradication and control, both mechanically and with
chemicals.
3. Turf, shrub, and tree fertilization.
4. Shrub and groundcover trimming, pruning, and training.
5. Minor tree pruning and staking. Pruning trees under 8 feet in height.
6. Irrigation programming, monitoring, maintenance, and repair.
7. Water meter reading and water conservation.
8. General rodent, pest, and disease control on landscape planting and turf.
9. Mowing, verticutting, and aerifying.
10. General litter control, refuse removal, and grounds policing.
11. Plant replacement.
12. Hardscape cleaning.
13. Maintenance of sand and wood chip areas.
14.Access roadway clearance and visibility maintenance.
15. General drainage structure and system maintenance.
16. Drinking fountain maintenance.
17. Reporting vandalism, graffiti, or any safety concerns.
It shall NOT be the contractor's responsibility to maintain or repair:
1. Area lighting systems;
2. Fencing;
3. Gates;
4. Any building located at the specified site;
5. Graffiti;
6. Vandalism;
7. Signage;
8. Damage resulting from vehicular accidents;
9. Water, sewer, and electrical lines or systems, except to the extent required in
the technical specifications of the Bid Schedules; or
10. Trees over 8 feet in height.
III. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00
AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be
scheduled other than lifter control and refuse, without permission from the City,
unless it is an emergency situation. No motorized equipment shall be operated
before 8:00 AM or after 5:00 PM.
IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification description.
Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the site.
If, in the judgment of the City, the level of maintenance is less than that specked
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within
this document and providing no other arrangements have been made
between the Contractor and the City. Failure to notify of a change and/or
failure to perform an item or work on a scheduled day may, at the City's
sole discretion, result in deduction of payment for that date, week, or
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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.
V. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with the
Contractor and the City representative to determine progress and to establish
areas needing attention. A monthly maintenance schedule will be submitted in
writing to the City by the first day of said month. The supervisor of this contract
shall be available to meet with the City's representative daily during working
hours, as necessary and have the ability to communicate by email.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor
and if not corrected, payment to the Contractor will not be made until condition is
corrected in a satisfactory manner as set forth in the specifications.
VI. SPECIFICATIONS
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the
work called for in these specifications or reasonably implied by terms of same.
Work or materials of a minor nature which may not be specifically mentioned, but
which may be reasonably assumed as necessary for the completion of this work,
shall be performed by the Contractor as if described in the specifications.
VII. CORRESPONDENCE
All correspondence shall be addressed to Dan Sereno, Parks and Trees
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884.
VIII. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered extra work unless a separate
estimate is given for said work and the estimate is approved by the City before
the work is commenced. The Contractor will be required to provide before and
after photographs of any safety items or emergency repairs which are made
without prior City approval. Documentation of contract compliance may be
required on some occasions.
IX. STREET CLOSURES, DETOURS, BARRICADES
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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.
Beacon lighting visible from behind the vehicle will be installed on vehicles
working along City streets.
X. 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 nor the
cost of disposal. Contractor shall pay all disposal fees and provide
documentation evidence of recycling to include location, tonnage, etc. on a
monthly basis to the City.
XI. RECORDS
The contractor shall keep accurate records concerning all of his /her employees
or agents. The contractor shall provide this information in an organizational chart
as changes in staffing occur. Additionally, the contractor shall provide the City
with names and telephone numbers of emergency contact employees.
The 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 and which has been approved by the City in accordance with the
Agreement. Payment for any extra work will not be authorized unless the
additional work, and costs thereof are first approved by the City in accordance
with the Agreement.
The Contractor shall, within fifteen (15) days of the effective date of an executed
agreement, prepare and submit a written annual maintenance calendar to the
Parks and Trees Maintenance Superintendent. This maintenance calendar shall
clearly indicate all of the park 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.
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The Contractor shall permit the City to inspect and audit its books and records
regarding City - provided services only at any reasonable time.
XII. 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 of
receiving notification.
XIII. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be given
to the City forty -eight (48) hours PRIOR to each of these operations by the
Contractor. "Specialty type" maintenance operations are defined as:
fertilization, turf aerification, turf dethatching, seeding, preventive and
curative application of fungicide, herbicide or any required pesticide
applications, addition of playground wood chips /sand, mulching, reel mow
operator and plant replacements. Positions used for specialty operations
shall be in addition to those outlined on page 10, section K -1, of the RFP.
XIV. 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.
XV. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a 30 minutes response time of
the job site and provide the office with phone service during normal working
hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by cell phone
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.
XVI. SCHEDULES
Annual Schedule
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1
1. The Contractor shall provide an annual maintenance schedule indicating the
time frames when items of work shall be accomplished per the performance
requirements.
2. The Contractor shall complete the schedule for Coastal Peak Park in a
manner which shall correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the Agreement.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by
day of the week and by morning and afternoon.
2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted one week prior to the effective date of
the Agreement. Thereafter, it shall be submitted weekly on Thursday
mornings for City approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Trees
Maintenance Superintendent at least twenty -four (24) hours prior to the
scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may, at the City's sole discretion, result in deduction of
payment for that date, week or month.
6. The Contractor shall adjust his /her schedule to compensate for all holidays
and rainy days. Maintenance and litter removal shall be scheduled for all
holidays and rainy days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly schedule.
XVII. PERFORMANCE DURING INCLEMENT WEATHER
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1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his /her work force in order to accomplish those
activities that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall
result in deduction of payments to reflect only the work actually accomplished.
3. The Contractor shall immediately notify the Parks and Trees
Maintenance Superintendent when the work force has been removed
from the job site due to inclement weather or other reasons. If the Parks
and Trees Maintenance Superintendent can not be reached, the
contractor shall notify the Parks Maintenance Supervisor.
XVIII. 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.
XIX. PESTICIDES
The City must maintain all documents that pertain to the use of pesticides on its
property. Contractor must provide the Parks and Trees Maintenance
Superintendent with all of the following:
1. A copy of Contractor's Orange County Agricultural Commissioners Restricted
Materials Permit/Operator I.D. numbers and a copy of the Contractor's Pest
Control Business License.
2. A written "Pest Control Recommendation" for each chemical and site before
Contractor uses any pesticide. The Contractor shall provide (in a three ring
binder) with each Pest Control Recommendation the material safety data
sheets and manufacturers label for each chemical.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within
24 hours of application including: chemical name, quantity applied,
applicator's name, and date of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To
Use Restricted Materials," 24 hours before application. A Notice of Intent will
also be issued whenever chemicals are applied to turfgrass, regardless if it is
"Restricted."
5. The contractor shall provide a "Proposed Pesticide List" of all the pesticides
they intend to use for this contract, including toxicity category and
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Environmental Protection Agency number for each chemical, before any such
use.
6. The contractor shall not use any pesticide that has not been authorized by the
Parks and Trees Maintenance Superintendent.
7. A Pest Control Operator with a Qualified Applicator License will be assigned
to this contract to apply restricted materials.
8. Provide annual pest control training records for all employees who will be
applying such pesticide specified on those records.
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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 Schedule," 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 Coastal Peak Park.
All operations will be conducted so as to provide maximum safety for the public
and minimize disruption of the public use of Coastal Peak Park.
Contractor will keep all gutters, curbs, and walks adjacent to contract areas free
of weeds, trash, and other debris.
Contractor will keep sidewalks free of algae.
Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
Contractor will clean sidewalks, roadways, and any other areas littered or soiled
by his /her maintenance operations.
The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his /her construction and installation
equipment from the premises. Any dirt or stains caused by the work shall be
removed. Existing City trash containers shall not be used by the Contractor for
his /her debris.
Plant materials adjacent to roadway intersections shall be pruned to provide
adequate sight distance for vehicles entering the intersection and so that all
traffic control signs are clearly visible to approaching drivers.
Contractor must notify the City immediately of any unusual and hazardous
conditions at the work site.
Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of Coastal
Peak Park.
All insects, other pests, and diseases 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.
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All animal feces or other materials detrimental to human health shall be removed
from the park areas immediately.
All broken glass and sharp objects shall be removed immediately.
All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all times.
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.
All sand and wood chip areas abutting maintained areas shall be cleaned daily
when soiled by Contractor's operations and at other times as required.
Trash cans provided by the City shall be emptied daily and washed after
emptying (when necessary) or as determined by the Inspector. Contractor shall
provide plastic liners for all trash cans at Contractor's expense.
All concrete W" drains, to include the portion under the sidewalk, shall be kept
free of vegetation, debris, and algae to allow unrestricted water flow.
All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned weekly or as needed to
insure consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and Trees
Maintenance Superintendent.
3. Failure to properly maintain drainage systems or to notify the Parks and Trees
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an operable
condition. This includes but is not limited to controllers, backflow devices,
moisture sensors, manual and remote control valves, wiring, pipes, vaults,
heads, and anti -drain valves. The Contractor shall not be responsible for the
water meter assembly as he /she may cause damage to these items.
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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 rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Trees
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of
Newport Beach standard irrigation specifications.
h. Irrigation programming charts will be included in monthly reports in
January, April, July and October.
L Areas that require irrigation will have such accomplished no earlier than
11:00 p.m. nor later than 6:00 a.m.
j. Contractor will maintain moisture sensors at all sites at which such a unit
is installed.
k. Contractor will maintain master valve and flow sensors at each site they
are installed. Master valves will be tested weekly and repaired as
required.
2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the system.
3. Irrigation systems shall be thoroughly inspected by operating all control
valves and checking for proper coverage, leaks, valve actuation, proper
timing, and other operational conditions. Such inspection shall be made
weekly. However, the contractor shall be responsible for the proper operation
of the system at all times and shall provide for obvious repairs as they occur
or are needed. Contractor shall be readily visible when performing these
irrigation checks.
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4. Contractor will not charge labor for any irrigation repairs, unless it is pre -
approved by the City for emergency repairs on overtime.
Water Conservation
Contractor shall appoint a staff member to act as the Water Manager. Contract
personnel performing water management duties shall have the following abilities
and must meet the following requirements.
Abilities
1. Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and
monthly water allocations (Exhibit H).
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain the park and landscape in a usable condition (no flooding due to
over - irrigation).
5. Troubleshoot and diagnose irrigation systems issues and take corrective
action.
Requirements
1. The Water Manager shall program all controllers a minimum of weekly
according to the IRWD allocation.
2. The Water Manager shall notify the Contractor or City Representative of all
required repairs.
3. The Contractor shall meet the IRWD monthly water allocations for each meter
on all park applications. The Contractor shall maintain healthy plant material,
and avoid monthly IRWD penalties.
Damages for Water Management
1. 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.
2. Deduction shall exclude all approved appeals such as mainline and control
valve failures.
3. The City's Representative shall meet monthly with the Contractor's
Representative and the Contractor's Water Manager to review over - allocation
water billing to determine which water billing appeals are to be approved and
which are to be waived.
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4. The Contractor shall copy City Representative on all such appeals, include all
meter readings and allocation calculations.
5. Over - allocations that do not qualify for appeal or have not been waived will be
deducted from the Contractor's monthly payment.
Turf Maintenance
1. All turf is to be mowed once per week, 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 with a gas - powered walk- behind
edger.
c. Clippings shall be collected and removed unless otherwise directed by the
City.
d. Turf shall be mechanically trimmed 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 12 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 (approved by City)
shall be maintained in this area at all times.
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, properly adjusted to avoid damage to the turf plant, and cutting
blades/deck thoroughly cleaned from previous mowing.
h. Pick up all litter prior to mowing.
I. Edging using a string line along the base paths as a guide, shall be
performed weekly at the baseball infields.
2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 1/2 to 1 1/4 inches.
b. Cool season turf including Bluegrass, Perennial Rye, Fescues - 1 1/2 to 3
inches.
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c. Kikuya and St. Augustine turf - 1 1/4 to 1 3/4 inches.
d. A reel -type mower shall be used to mow all athletic fields, unless
otherwise directed by the City. Scheduling will not conflict with public
use /sport group activities and will occur on Wednesday or Thursday or as
directed by City staff.
e. Infields shall be reel mowed with walk- behind type mower.
3. Vertical mowing of athletic fields shall be done once per year in August,
permitting sufficient time for turf regeneration. Non - athletic field areas shall
be done once per year in March.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized four times per year, in January, April, July and
October using a homogenous, pellet or granular slow - release material. City
must approve the material used which may change due to the season.
Fertilizer will be applied at one pound actual nitrogen per 1,000 square feet or
as determined by City.
a. 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.
b. The Contractor shall perform a soil fertility analysis at Coastal Peak Park
in the month of December and review the analysis with the City
representative in the month of January.
c. Quantities of materials used must be submitted to the Parks and Tree
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 using post and pre- emergent
herbicides 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 August 1 and September 1). Aerate all
athletic fields an additional two times in January and July.
M
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not
more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
d. For Sports Field, apply Perennial Rye seed and topdress two times per
year with approved topdress material, immediately following September
and April aerations. Topdress material to be applied at a minimum of 1/4 ".
e. Apply gypsum at 25 pounds /1,000 square feet to turf areas one time per
year.
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 entire irrigation system weekly, or more often when
conditions warrant, to insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for turf 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. Use by the public will dictate schedules, and noise levels will be
kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free condition.
a. Weeds shall be removed as they appear. A pre- emergent herbicide shall
be applied in all shrub and ground cover beds twice per year, once in April
and once in September.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April with 22-
3 -9 and once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual
19
r
fertilizer per 1,000 square feet. Substitutions may be considered at the
City's sole discretion.
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 as needed to ensure a layer of mulch at
least 2" thick all times.
Shrub. Vine, and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the
Parks and Trees Maintenance Superintendent.
b. Pruning shall be accomplished to maintain a "natural" appearance;
decorative, poodle cuts, or other unnatural pruning will not be
permitted.
c. Control pests as required, including snails and insects.
d. Remove all dead, diseased, or damaged branches back to a side branch.
Do not leave branch stubs.
e. Areas shall be fertilized twice per year, once in April with 22 -3 -9 and once
in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual fertilizer per
1,000 square feet. Substitutions may be considered at the City's sole
discretion.
f. Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
g. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
h. 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
20
agapanthus, day lilies, morea, fountain grasses and other similar plants
shall be removed immediately after blooming or as directed by City.
L All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
j. 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.
k. Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
I. Bark mulch should be replaced as necessary to ensure a 2" layer of mulch
at all times.
m. 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. The Contractor is responsible for trimming all trees up to eight (8) feet in
height. Trees shall be trimmed as necessary to maintain adequate pedestrian
and vehicle traffic and to provide clearance from buildings, signs and other
similar features.
a. Remove all suckers from base of trees as they develop throughout the
year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor shall 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 conditions noted above exist.
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.
21
h. Tree wells shall be maintained with 2" thick layer of bark mulch unless
ground cover is present. Weeds shall be removed, including their roots,
before they reach 3" in height. Mulch shall not touch the crown of tree.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be done at
the direction of the City and at the prescribed unit price. All such pruning
shall be made in accordance with current International Society of
Arboricultural techniques and practices that promote the natural character of
the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks,
patios, shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a daily basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be
blown or otherwise swept onto adjacent streets or property. All debris
must be picked up by the Contractor and removed from the site. Any
equipment that is used for cleaning hardscape must be approved by the City.
General Grounds Policina
1. The Contractor shall provide general grounds policing and inspection six (6)
days per week, except general grounds policing and inspection will be seven
(7) days per week from Memorial Day through Labor Day.
a. Remove all litter and other debris from site six (6) days per week and
seven (7) days per week from Memorial Day through Labor Day.
b. If refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
22
notification by the City. Failure of said removal may result in
deduction of payment for that date, week, or month.
c. Provide safety and facility inspections and immediately report any
deficiencies to the Parks and Trees Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions of all
structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates, park benches, gazebos
3. Signage
4. Graffiti
d. All areas, benches, picnic tables, and associated park amenities shall be
inspected and cleaned six (6) days per week and seven (7) days per week
Memorial Day through Labor Day. Contractor shall use a wet rag to wipe
these down as needed.
Sand/Wood Chia Areas
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 February, April, June, August, October and
December, all sand areas shall be rototilled to the maximum depth that will
allow complete loosening of the sand but will not cause lower base
materials to be mixed in with the sand. After rototilling, all areas shall be
raked level.
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. All sand and wood chip areas shall be cleaned and raked level, six (6)
days per week and seven (7) days per week from Memorial Day through
Labor Day.
Saecialty /Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts,
baseball dugouts and bleacher areas, bicycle trails, all asphalt, and
concrete and decomposed granite walkways.
23
b. All areas shall be swept and debris disposed of offsite, six (6) days per
week and seven (7) days per week from Memorial Day through Labor
Day, if necessary, to remove all deposits of silt and /or sand and glass and
other debris.
c. On Monday and Thursday of each week, all areas shall be thoroughly
cleaned by sweeping or flushing with water.
d. All hard surface areas shall be inspected six (6) days per week and seven
(7) days from Memorial Day through Labor Day 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 (6) days per week and seven (7) days per
week from Memorial Day through Labor Day and maintained in a neat
clean, and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six (6) days per week
and seven (7) days per week from Memorial Day through Labor Day.
i. All play and sports equipment within hardscape areas shall be inspected
for vandalism, safety hazards and serviceability daily. Deficiencies shall
be reported in writing immediately to the City
j. All leaves, paper and debris shall be removed from hardscape areas and
disposed of off -site.
Drinking Fountains
1. Inspect, clean and adjust six (6) days per week.
2. Report any deficiencies to the City immediately in writing.
Native and Drought Tolerant Plant Maintenance
These requirements are in addition to the above written Technical Maintenance
Specifications:
1. All native and drought tolerant plant material at these sites will be maintained
in their natural shape. Dead wood from natives will remain on the plant or
where it has fallen, unless otherwise directed to remove by City staff.
24
2. The areas shall be maintained weed -free. Only manual pulling or
mechanical cultivation of non - native weed species will be allowed.
3. The contractor's maintenance personnel will be trained to distinguish weedy
plant species from native or drought tolerant vegetation to ensure that only
weedy species are removed.
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 the same
day's maintenance.
6. For California Meadow Sedge areas follow the Turf Maintenance
Specifications (pages 32 -35), unless otherwise directed differently by City.
Wash mower thoroughly prior to each mow. Hand pull all weeds in California
Meadow Sedge areas prior to each mow, no chemical eradication will be
permitted.
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 site. If the
Contractor fails to increase staff to accommodate timely weed removal, per
specifications, the City may hire an outside Contractor to assist in weed
removal and deduct these fees from the Contractor's monthly maintenance
invoice.
8. Inspect Oak trees watering tubes weekly for proper irrigation.
9. Soil inject or drench all Oak trees one time per year, with fertilizer and
Mycorrhizae product approved by City staff.
49
EXHIBIT B
Maintenance Location /Acreage
Coastal Peak Park
Park
Address
Acreage
Coastal Peak Park
20403 East Coastal Peak
11.52
Total Acreage 1
11.52
RE
EXHIBIT C
Maintenance Frequency Schedule
27
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times /year
Vertical Mow
Once /year
Aerate
Twice /year, Four times for Sports
Fields
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Perennial Rye Seed
Twice/year
Gypsum Application
Once/ ear, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre-emergent Application
Twice/ ear
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
Oak Trees — Liquid In'ect/Drench
Once! ear
Hardscape Maintenance
Six days/ week, Seven days/ week
Memorial Day thru Labor Da
Grounds Policing /Litter Removal, Including
Six days/ week, Seven days/ week
Specialty /Sports Areas and Park Amenities
Memorial Day thru Labor Da
Site Inspection
Six days/ week, Seven days/ week
Memorial Day thru Labor Da
27
EXHIBIT C
(Continued)
FUNCTION
FREQUENCY
Sand /wood chip areas
Cleaned and raked
Six days /week, Seven days/ week
Memorial Day thru Labor Da
Rototilled
Four times /year
Drinking Fountains
Six days /week, Seven days/ week
Memorial Day thru Labor Da
Native Area Maintenance
Weed Control
As needed
Tree Handwaterinq
Weekly
EXHIBIT D
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach before
installation. Any item not mentioned in the Standard Materials list must be approved by
Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
HEADS
• Toro 570Z -COM 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 570Z -COM Pop Up / Shrub Adapter (small slope & groundcover areas)
• Toro 300 Stream Rotor (medium slope & groundcover areas)
• Toro XP 300 Stream Rotor (large slopes & groundcover areas)
• Toro 500 Flood Bubbler (tree wells)
Head model to be selected by the City of Newport Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
CONTROLLER
Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain
Master 805 - 527 -4498
Rain Master RME Sentar (contact city before using)
DRIP AND SPECIALIZED LOW- VOLUME IRRIGATION
• Rain Bird Xerigation
• Jardinier Surface Flow Irrigation
• MP Rotator Nozzles
BATTERY POWERED IRRIGATION
■ Toro DDCWP Battery Powered Controller
MISCELLANEOUS
• Febco 825Y RP
• Spears # DS -100 Dri- Splice Connectors with crimp sleeves
• Spears # DS -300 Dri- Splice Sealant
• Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
29
• Griswold DW Series Valve (Control Valve)
• Griswold 2160 Solenoid Valve (Normally Open Master Valve)
• Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
• Matco 754 Series Full Port Ball Valve
• Schedule 40 PVC Lateral Pipes
• Class 315 Main Supply Pipe (2" and larger)
• Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller)
• Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D
• Round Valve Box - Plastic -10"
• Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
• Rain Master EVFM Flow Sensor
• Rockwell Metal Repair Clamp for all Main Line repairs
• PVC Slip Fix for Lateral line repairs only
TURF FERTILIZERS, ETC.,
A. All commercial fertilizers must be homogenous.
B. All organic fertilizers must have lowest salinity rate possible.
C. No steer or chicken manure is allowed.
D. All fertilizers, planting medium, humus material, etc. must be City
approved.
PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod, trees,
shrubs, annuals and perennials, flowers, and ground covers must be approved
by the Parks and Trees Maintenance Superintendent before planting.
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.
30
EXHIBIT E
REQUIRED REPORTS
1. Annual Maintenance Schedule which includes: Organization chart, mow and trash
schedules, once per year submittal.
2. Weekly Maintenance Schedule, including approved extra work.
3. Weekly Performance Report, including approved extra work completed.
4. Monthly Chemical Use Report (As sent to County Agriculture Commission), daily
as needed for certain applications.
5. Monthly Fertilizer Use Report.
6. Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels
and Material Safety Data Sheets.
7. Weekly irrigation inspection check list (to include controller and site inspection for
all sites and a list of any repairs required).
8. Irrigation controller programming charts, submitted quarterly (January, April, July,
October).
9. Bi- weekly maintenance inspection list for all sites.
10. Annual pesticide safety training records.
11. Required tailgate safety meeting records, include with Monthly Maintenance
Report.
12. Monthly maintenance report which includes Monthly Greenwaste Report.
13. Weekly Master Valve /Flow Sensor inspection checklist.
14. Monthly pest and disease inspection for all sites conducted by a qualified
applicator certificate or license holder.
31
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.
2. 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.
3. 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.
4. All work shall be performed in accordance with specifications described in the
RFP.
TURF
FUNCTION COST /UNIT OF MEASURE
Turf Mow -Real Blade
Turf Mow -Rotary Blade
Turf Edge
Turf Aerify
Turf Fertilize
Turf Dethatch /Renovate
Turf Topdress only
Turf Gypsum Application at 25lbs
HARDSCAPE
Cleaning
Powerwashing
GROUNDCOVERS
Fertilize
PEST CONTROL
Tree disease /insect foliar spray
32
$ 5 1000 Sq. Ft.
55 1000 Sq. Ft.
1.50 / 1000 Linear Ft.
/ 1000 Sq. Ft.
$4 1000 Sq. Ft.
300 / Acre
/ 1000 Sq. Ft.
$3 / 1000 Sq. Ft.
$5 1000 Sq. Ft.
10 / 1000 Sq. Ft.
$4 1000 Sq. Ft.
85 / Tree
(using Talstar or Equal)
Tree disease /insect root injections
(using Merit or Equal)
Pre- Emergent/turf or planter
(using Snapshot or Equal)
General Weed Control Post Emergent
(using Roundup or Equal)
SHRUB PRUNING /REMOVALS
Pruning
Removals
FULL TREE PRUNING /REMOVALS
Pruning
Removals
85 / Tree
50 / 1000 Sq. Ft.
25 / 1000 Sq. Ft.
10 / 10 Linear feet
85 / 10 Linear feet
195 / Tree
995 / Tree
PLANTING (All shrubs and trees will be planted with approved soil
amendment)
1 Gal. Shrub
10 / Each
5 Gal. Shrub
25 / Each
15 Gal. Shrub
85 / Each
15 Gal. Tree (with root barriers,
105 / Each
tree stakes and ties)
65 / Hour
24" Box Tree (with root barriers,
325 / Each
tree stakes and ties)
65 / Hour
36" Box Tree (with root barriers,
895 / Each
tree stakes and ties)
64 Count Flat Groundcover
30 / Flat
16 Count 4" Flat Annual Color
35 / Flat
Turf - Seed and Top Dress
120 / 1000 Sq. Ft.
Turf - Sod
$1,200 / 1000 Sq. Ft.
Hand spread and rake in City Supplied seed
12 / 1000 Sq. Ft.
(in California Native areas)
LABOR
Landscape Maint. Supervisor
25 / Hour
Pest Control Applicator
45 / Hour
Irrigation Specialist
25 / Hour
Landscape Maint. Leadworker
25 / Hour
Equipment Operator
65 / Hour
Landscape Maint. Laborer
20 / Hour
Tree Trimmer
65 / Hour
EQUIPMENT
33
1 -Ton Truck
MULCHING
0 -2" Mulch at 2" layer
GREENWASTE
Disposal
Park and Facility Maintenance
0
360 / Day
70 / 1000 Sq. Ft.
70 / Ton
$9,350 Acre/Year
ATTACIRVIENT e
TOTAL COST PER YEAR OF LANDSCAPE MAINTENANCE
COASTAL PEAK PARK
S 106,020
NOTE: Bid Price shall include all sales, use or other taxes applicable to the above item.
If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the
necessary Faithful Performance Warranty Bond within ten (10) days after the award of said
Contract.
The undersigned has examined the location of the proposed work and is familiar with the
Specifications and other Contract Documents and the local conditions at the place where the
work is to be done.
The undersigned has checked carefully all the above figures and understands that the City of
Newport Beach will not be responsible for any errors or omissions on the part of the undersigned
in making up this bid. Proposals are to remain valid for six (6) months.
(Signature)
David Evans, Branch Manager
(Printed or Typed Name) (Title)
35
TruGreen LandCare
(Company)
1323 W. 130th St. Gardena, CA 90247
(Business Address)
(310) 354 -1520
(Telephone Number)
04/30/2009
(Date)
EXHIBIT H
Irvine Ranch Water District (IRWD)
Landscape Irrigation Guidelines
Irvine Ranch water District's ascending block rate structure offers very low rates for use at,
or below, allocation and higher rates for use above allocation. The allocation for a particular
landscape is determined by four factors:
1. ET (evapotranspiration) from IRWD weather stations located in coastal, central or
foothill zones.
2. Kc (crop coefficient), which is the relative amount of water cool- season turn needs at
various times of the year.
3. 1_25 (for 80 percent irrigation system efficiency), which is the extra water allocated b
make up for inefficiencies in the irrigation system.
4. LA (landscape acreage). This assumes that 100 percent of the landscape is
cool- season turfgrass.
Allocation formula:
ET x Kc x 1.25 x LA= landscape allocation in acre - inches. To convert to CCF, multiply by
36.3. CCF stands for "hundred cubic feet." One CCF equals appro)dmately 748 gallons.
Landscape Irrigation Water Rates Effective July 1, 2007
Notes Same, areas inclurie a pumping surcharge. per CCF of mtee used. potable venter . account numlxg
start whir 60; reclaimed voter - .account numbers start with 62:-
To access this information from IRWD website, irwd.com, click on the ET Hotline icon located
on the home page.
If you have any questions, or need to discuss your landscape irrigation account, please
contact IRWD's Landscape Water Conservation Specialist, Nick Mrvos, at (949) 453 -5324 or
email mrvosairwd.com.
36
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
July 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 - 644 -3055
mharmon @city.newport- beach.ca.us
SUBJECT: Amendment to the Agreement with TruGreen Landcare, LLC
for the Landscape Maintenance of City Parks and Facilities.
ISSUE:
Should the City Council consider an amendment to the existing Parks and
Facilities Landscape Maintenance agreement with TruGreen Landcare, LLC to
provide landscape maintenance services at Coastal Peak Park?
RECOMMENDATION:
Staff recommends that the City Council approve the amendment to the existing
agreement with TruGreen Landcare, LLC for the landscape maintenance at
Coastal Peak Park at a cost of $106,020 per year.
DISCUSSION:
Coastal Peak Park, built by the Irvine Company, is located in Newport Coast The
facility includes 2 baseball/soccer fields, a tot lot, restrooms, and the popular
Pacific Ridge trailhead. The Park is currently in its 60 -day maintenance period,
and upon completion of this period, the Park will become City property and the
City shall assume maintenance, including the utilization of a computerized central
irrigation controller system to reduce water consumption. This is scheduled for
August 4 and the park is expected to open to the public on September 1.
On April 30, three vendors submitted bids in response to the RFP for the
Landscape Maintenance of Coastal Peak Park. TruGreen Landcare and Park
West Landscape Maintenance submitted bids of $106,020 and $122,400
Amendment to the Agreement with TruGreen Landcare, LLC for the
Landscape Maintenance of City Parks and Facilities
July 14, 2009
Page 2
respectively. In addition, Merchants Landscape Services submitted an
incomplete bid that was deemed non - responsive.
The lowest bid was submitted by the current Parks and Facilities Landscape
Maintenance contractor TruGreen Landcare. It is the goal of staff to add the
Coastal Peak Park location to the existing Parks and Facilities Landscape
Maintenance contract as an amendment in order to streamline the contract
administration process and to align the maintenance of the individual park with
the remainder of the City's parks and facilities. The Office of the City Attorney
has approved as to form the attached Amendment for council consideration.
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
Funding Availability:
Funding is included in the FY 2009 -10 Budget.
Prepared by:
X_� -
Maurce Tume
Administrative Analyst
Attachments:
(1) Bid Summary
Submitted by:
iviarK narmon
General Services Director
(2) Contract Amendment
N
Amendment to the Agreement with TruGreen Landcare, LLC for the
Landscape Maintenance of City Parks and Facilities
July 14, 2009
Page 3
ATTACHMENT I
Summary of Coastal Peak Park Landscape Maintenance Bids
TruGreen
NEW&
$106,0201
I
-
Park West
$122,400
$16,380
Merchants
I
Non-responsive
I
Amendment to the Agreement with TruGreen Landcare, LLC for the
Landscape Maintenance of City Parks and Facilities
July 14, 2009
Page 4
ATTACHMENT 2
Contract Amendment
i 0 C -3�oo
CONTRACT SERVICE AGREEMENT WITH TRUGREEN LANDCARE, L.L.C. TO
PROVIDE LANDSCAPE MAINTENANCE FOR CITY PARKS AND FACILITIES
THIS AGREEMENT, entered into this 12th day of August 2008.
( "Commencement Date') by and between the City of Newport Beach, a Municipal
Corporation and Charter City ( "City"), and TRUGREEN LANDCARE, L.L.C., a
Delaware Limited Liability Company, whose office is located at 1323 West 130th Street,
Gardena, California, 90247, ( "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. Prior to August 1997, City maintained turfgrass in City parks and facilities
using its own employees and equipment.
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 City.
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 negotiated
with 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 price specified in this
Agreement.
1
0 0
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 August 30, 2008, after City Council approval of this contract, and upon
receipt and approval of all required bonds and insurance. The term of this Agreement
shall automatically be extended for three (3) additional one (1) year terms ( "automatic
extensions ") with the extensions to automatically commence upon the expiration of the
initial term or any extended term, unless the City notifies Contractor in writing at least
thirty (30) days before the end of the initial term or any extended term, of its intent to
terminate this Agreement at the conclusion of the initial term or any extension. Time is
of the essence in the performance of services under this Agreement.
2. SCOPE OF SERVICES
A. In compliance with all terms and conditions of this Agreement, Contractor
shall perform the landscape and maintenance services specifically described in, and in
strict compliance with the requirements of Exhibit A ( "Scope of Work"), which services
may be referred to herein as the "services" or "work" hereunder, at the park and facility
locations noted by Exhibits B and C. The services shall be performed at least as
frequently as specified in Exhibit D and in compliance with the time schedule set forth in
Exhibit E. 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 F. Reports shall be submitted by the
Contractor in accordance with Exhibit G. Bid Unit Prices and Costs are contained in
Exhibits H through J. All of the Exhibits are considered to be a part of, and are
incorporated into, this Agreement by reference.
B. As a material inducement to the City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants
that it shall follow the HIGHEST INDUSTRY 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 INDUSTRY
STANDARDS" shall mean those standards of practice recognized by one or more first -
class firms performing similar work under similar circumstances.
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3. WORKMANSHIP, SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the contract
services. The Contractor shall comply with all State and Federal legal requirements
regulating the right to work in the United States of America to ensure that all members
of the work force have the legal right to perform work under this Agreement. Contractor
shall make any records related thereto available to the City within ten (10) days of
receiving a written request for said records by the City.
B. All contract services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be performed by a certified
California Landscape Contractors Association Landscape Technician I (Irrigation). All
pesticide operations, where required, shall be performed by a California State Licensed
Pest Control Operator through written recommendation by a California State Licensed
Pest Control Advisor. Contractor shall be responsible for compliance with all local,
state, and federal laws and regulations regarding pesticide usage. Contractor shall
employ or retain, at its sole cost and expense, all professional and technical personnel
(in addition to irrigation and pesticide specialists) necessary to properly perform
contract services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications. All
supervisory personnel 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, seventeen (17) full -time positions, as depicted in the below table:
# Positions
Work
Required Vehicle
Location
Performed
(1) Supervisor
(1) Leadworker
(1) Crew cab truck
(2) Irrigation
Include
(2) Fully stocked trucks
All Contract Sites
Technicians
Irrigation
with irrigation controller
Except Bonita
Maintenance
remotes for Rainmaster
Canyon Sports
Park
(1) Irrigation
Include
(1) Fully stocked truck
Bonita Canyon
Techician
Irrigation
with irrigation controller
Sports Park
Maintenance
remotes for Rainmaster
(1) Mow Crew
Mowing / Turf
(1) Crew cab truck
All Contract Sites
Driver
Maintenance
(4) Mow Crew
Laborers
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(2) Detailed
Detailed
(1) Truck or
Bonita Canyon
Maintenance
Maintenance
utility vehicle
Sports Park
Laborers
(2) Detailed
Detailed
(1) Truck or
Back Bay View
Maintenance
Maintenance
utility vehicle
Park/ Castaways
Laborers
Park/ Morning
Canyon/ Mesa
Birch Park
(3) Detailed
Detailed
All Other Contract
Maintenance
Maintenance
Sites
(1) Laborer
General litter
(1) 1 -Ton stakebed truck
All Contract Sites
control, refuse
removal, and
grounds
policing
The City reserves the right to increase minimum staffing based upon additional
acres being added to this contract.
D. Work shall be performed by competent and experienced workers. All
irrigation maintenance and repairs shall be performed by a California Landscape
Contractors Association, Certified Landscape Technician -I (Irrigation).
E. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications.
Supervisors and lead workers must communicate effectively, both in written and
oral English, and shall be present at all times during contract operations. Any
order given to these supervisors or lead workers shall be deemed as delivered to the
Contractor.
F. All pesticide operations, where required, shall be performed by a
California State Licensed pest control operator through written recommendation by a
California State Licensed Pest Control Advisor. The Contractor shall be responsible
for compliance with all local, state, and federal laws and regulations regarding pesticide
usage.
G. 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
written notice from the City.
H. 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
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identification badges or patches. Those contract employees working in or adjacent to
traffic zones shall wear orange vests.
I. All work shall be performed in accordance with the highest landscape and
maintenance standards.
J. 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.
K. Contractor shall provide an Operations Manager to coordinate work with
the City Administrator and ensure satisfactory performance of contract services. An
area supervisor shall coordinate work crews on a daily basis to ensure compliance with
the terms of this Agreement.
4. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against
any such fees, assessments, taxes penalties or interest levied, assessed or imposed
against City hereunder.
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Eight Hundred Fifty -Two Thousand
Dollars ($852,000.00) per year ( "Contract Amount") to perform all the work and
services contemplated by and described in Exhibits A through G. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after approval of an invoice by the City. Payment shall be deemed made when
deposited in the United States mail, first class postage pre -paid, and addressed to
Contractor as specified in Section entitled "Notices'.
Upon the second anniversary of the Commencement Date and upon each
anniversary of the Commencement Date thereafter, the Contract Amount shall be
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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
immediately prior to Commencement Date. 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 2008 and the index to be used for the denominator is the index for the
month of March preceding the Commencement Date. The "Consumer Price Index" to
be used in such calculation is the Consumer Price Index, All Urban Consumers (All
Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the
United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the
Contract Amount in effect immediately preceding such adjustment. No adjustment shall
be made on the first anniversary of the Commencement Date. The maximum increase
to the Contract Amount, for any year where an adjustment is made in proportion to
changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in
effect immediately preceding such adjustment.
7. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the
details of the performance or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of
the services.
8. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit F in
performing contract services. Any deviation from the materials described in Exhibit F
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
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performance of contract services. Actual cost shall be the best price available to
Contractor including all applicable discounts. Contractor shall provide City with a
schedule of typical costs of irrigation parts, plant materials and other commonly used
items within thirty (30) days from the date of this Agreement and within thirty (30) days
of each anniversary of the Commencement Date. Contractor shall retain records
reflecting the actual cost of parts or materials used and the performance of services
required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so seven (7)
days prior to Contractor's obligation to use City provided parts and /or materials.
Contractor shall secure, store, inventory, distribute and control all materials or parts
provided to Contractor by City. Contractor shall make all materials and inventory
available to the City upon request.
9. REPAIR/REPLACEMENT
A. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property,
except such losses or damages as may be caused by City's sole negligence or willful
misconduct.
B. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives
or officers.
D. Contractor shall repair damaged irrigation pipes, controllers and valves
only after the City Administrator has approved a written estimate of the cost of repair.
E. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover, mulch and bark) which requires replacement due to
the failure of Contractor to properly perform the services required by this Agreement or
has been damaged by the acts of Contractor or its employees. Contractor shall replace
plant materials damaged or destroyed by the acts of others only after the City
Administrator approves a written estimate of the costs of replacement including
materials and labor costs.
10. FAMILIARITY WITH WORK
A. By executing this Agreement, Contractor warrants that Contractor (a) has
thoroughly investigated and considered the scope of services to be performed, (b) has
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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 site 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 of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorney's fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work. Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
E
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 insured's with respect to liability
arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents and volunteers as
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respects to all claims, losses, or liability arising directly or indirectly from the
Contractor's operations or services provided to City. Any insurance maintained by City,
including any self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party except after thirty
(30) calendar days (10 calendar days written notice of non - payment of premium) written
notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted or
purported assignment without consent of City shall be null and void. Contractor
acknowledges that these provisions relative to assignment are commercially reasonable
and that Contractor does possess special skills, abilities, and personnel uniquely suited
to the performance of contract services and any assignment of this Agreement to a third
party, in whole or in part, could jeopardize the satisfactory performance of contract
services. Contractor may not employ any subcontractors unless specifically authorized
by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, or of the interest of any general partner or
joint venture which shall result in changing the control of Contractor, shall be construed
as an assignment of this Agreement.
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14.
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection and audit by
any authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator within ten (10)
days after the end of each month. Irrigation programming schedules will be submitted
quarterly (January, April, July, October) or when changes are made to a controller on
the City's Central Irrigation System. Additionally, tailgate safety meeting records and
green waste recycling reports will be submitted monthly.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
15. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
Administrator or his/her authorized representative shall represent the City in all matters
pertaining to the services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor to complete
the work contemplated by this Agreement. City also agrees to provide all such
materials in a timely manner.
16. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance services as
requested by the Administrator. The Administrator may give verbal authorization for
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additional services, prior to performance of the work, up to One Thousand Dollars
($1,000.00). Contractor must obtain written authorization from the City Administrator
prior to the performance of any additional services that exceed $1,000.00. Contractor
shall be compensated for additional services in accordance with the unit prices
specified in Exhibit H through J.
B. City reserves the right to withdraw certain park or facility locations from
the Scope of Work to be performed by Contractor pursuant to this Agreement. City
shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the
effective date of withdrawal of any location. In the event a location is withdrawn from
the scope of services, compensation to Contractor shall be reduced in accordance with
the bid unit costs specified in Exhibits I and J. In the event the location is withdrawn for
a period of less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
17. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor
during the performance of the Agreement, such dispute shall be decided by the City
Manager and his decision shall be final and binding upon Contractor and his sureties.
18. WORK DEFICIENCIES AND CORRECTIONS
A. Irrigation- related work deficiencies shall be corrected within twenty-four (24)
hours of written notification from the City or prior to the scheduled watering; whichever is
earlier. Malfunctions resulting in continuously running water shall be repaired
immediately. All other work deficiencies of Contractor shall be corrected in a timeframe
per the City's discretion. Written notification may be hand delivered, e- mailed, faxed, or
mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor
shall notify the City and request inspection of the corrective work. Deficiencies listed in
the Notice of Deficiency shall not be considered as having been corrected until the City
has inspected the site to verify that the listed deficiencies have been corrected and has
approved the corrective work in writing.
B. Failure to correct the deficiencies listed in the Notice of Deficiency within the
timeframe specified by the City (or within 24 hours in the case of irrigation - related
deficiencies) may, in the City's sole discretion, result in action being taken by the City,
including, but not limited to, (a) correcting the deficiency (using the City's own work force
and/or by contracting out) and deducting any associated costs plus overhead incurred
thereby from the total monthly compensation due the Contractor; (b) deletion of site(s)
from the Contract and reducing the corresponding compensation for that month; (c)
contracting with another Vendor to perform the maintenance and other services required
for the remainder of the term of the Contract with respect to the site where the
deficiencies exist and deducting from the Contractor's total compensation under the
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contract any costs that City pays or becomes obligated to pay the new Contractor,
including expenses City incurs over and above the monthly billing rate by the Contractor
for that site; (d) terminating the agreement; and/or (e) taking any other action and
exercising any other legal remedy available to the City under law.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses not
expressly set forth in this Agreement.
20.
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City Clerk, which secures the faithful performance of this Agreement,
unless such requirement is waived by the City Administrator. The bond shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto
shall be a certified and current copy of his power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement and shall be
null and void only if the Contractor promptly and faithfully performs all terms and
conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory
only if issued by a company qualified to do business in California, rated "A" or better in
the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal
Register, and only if they are of a financial category Class VII or better, unless such
requirements are waived by the Risk Manager of the City.
21. LABOR
A. Contractor shall 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-
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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 in violation of
the federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable financially affect such interest.
The Contractor will provide a completed disclosure form noting the above. Contractor
will comply with the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Contractor shall indemnify and hold harmless the City for
any claims for damages resulting from the Contractors 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:
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City of Newport Beach
3300 Newport Boulevard
P.O. 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:
TruGreen Landcare
1323 West 130`h Street
Gardena, CA 90247
Attention: Sergio Hernandez, Branch Manager
26. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such default is
not cured within a period of two (2) working days, or if more than two (2) working days
are reasonably required to cure the default and Contractor fails to give adequate
assurance of due performance within two (2) working days after Contractor receives
written notice of default from City, City may terminate the Agreement forthwith by giving
written notice. City may, in addition to the other remedies provided in this Agreement 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 of termination. The Contractor may only terminate the Agreement in the
event of nonpayment by the City. In the event of nonpayment of undisputed sums by
the City, Contractor shall give the City thirty (30) days written notice thereof and the City
shall have fifteen (15) working days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of Contractor's
compensation for contract services if, in the judgment of the City Administrator, the
level of maintenance falls below appropriate landscape or hardscape maintenance
standards and /or Contractor fails to satisfactorily perform contract services. City shall
have the right to retain funds withheld until the City Administrator determines that
contract services are performed as well and as frequently as required by this
Agreement.
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27. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that attorneys' fees shall not be recoverable by the prevailing party.
28. COMPLIANCE WITH LAW
All services rendered hereunder by Contractor shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time
service is rendered.
29. WAIVER
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein whether of the same or a
different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements
of whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
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.
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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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Y
Aaron C. Harp
Assistant City Attorney
ATTEST:
DR-fj CITY CLERK
P0Rr
0
CITY OF NEWPORT BEACH
A Municip Corporati
By:
d014 rd i c hNoa
City of Newport Beach
CONTRACTOR:
By:
Titl
By:
Titl
•
List of Exhibits
Exhibit A:
Scope of Work
Exhibit B:
Parks and Facilities Maintenance Locations
Exhibit C:
Parks and Facilities Turfgrass Maintenance Locations
Exhibit D:
Maintenance Frequency Schedule
Exhibit E:
Parks and Facilities Mandatory Schedules
Exhibit F: Standard Materials
Exhibit G: Required Reports
Exhibit H: Unit Prices
Exhibit I: Bid Unit Costs (Parks /Facilities Maintenance Locations)
Exhibit J: Bid Unit Costs (Parks/Facilities Turfgrass Maintenance
Locations)
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EXHIBIT A
Scope of Work
I. INTENT
The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that such
site be kept in a healthy, weed free, vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform landscape
maintenance as described herein including, but not limited to, the following:
1. Weeding, cultivating and brush control, both mechanically and with
chemicals.
2. Turfgrass weed eradication and control, both mechanically and with
chemicals.
3. Turf, shrub, and tree fertilization.
4. Shrub and groundcover trimming, pruning, and training.
5. Minor tree pruning and staking. Pruning trees under 8 feet in height.
6. Irrigation programming, monitoring, maintenance, and repair.
7. Water meter reading and water conservation.
8. General rodent, pest, and disease control on landscape planting and turf.
9. Mowing, verticutting, and aerifying.
10. General litter control, refuse removal, and grounds policing.
11. Plant replacement.
12. Hardscape cleaning.
13. Maintenance of sand and wood chip areas.
14.Access roadway clearance and visibility maintenance.
15. General drainage structure and system maintenance.
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16. Drinking fountain maintenance.
17. Reporting vandalism, graffiti, or any safety concerns.
It shall NOT be the contractor's responsibility to maintain or repair:
1. Area lighting systems
2. Fencing
3. Gates
4. Any building located at the specified site
5. Graffiti
6. Vandalism
7. Signage
8. Damage resulting from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent
required in the technical specifications of the Bid Schedules.
10. Trees over 8 feet in height.
III. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of
7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work
is to be scheduled other than litter control and refuse, without permission
from the City, unless it is an emergency situation. No motorized equipment
shall be operated before 8:00 AM or after 5:00 PM.
IV. TERM OF CONTRACT
The term of this agreement shall be for a period of two (2) years, with up to
three (3), one (1) year extensions, renewable on an annual basis as City's
sole discretion. The City reserves the right to terminate the agreement
unilaterally at any time upon thirty (30) days written notice to the Contractor.
This Agreement can be renewed in one year increments in the Citys sole
discretion, based upon an evaluation of performance of the maintenance
contractor with a determination of satisfactory performance by the City.
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V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications
set forth within this document and providing no other arrangements
have been made between the Contractor and the City. Failure to notify
of a change and /or failure to perform an item or work on a scheduled
day may, at the City's sole discretion, result in deduction of payment for
that date, week, or month. Payment will be retained for work not
performed until such time as the work is performed to City standard.
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.
VI. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with
the Contractor and the City representative to determine progress and to
establish areas needing attention. A monthly maintenance schedule will be
submitted in writing to the City by the first day of said month. The supervisor
of this contract shall be available to meet with the City's representative daily
during working hours, as necessary.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor
and if not corrected, payment to the Contractor will not be made until
condition is corrected in a satisfactory manner as set forth in the
specifications.
VII. SPECIFICATIONS
These specifications are intended to cover all labor, material and standards
of architectural, landscaping, and mechanical workmanship to be employed in
the work called for in these specifications or reasonably implied by terms of
same. Work or materials of a minor nature which may not be specifically
mentioned, but which may be reasonably assumed as necessary for the
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completion of this work, shall be performed by the Contractor as if described
in the specifications.
VIII. ADDITIONAL TERMS
IX.
Contractor and City have agreed to the following additional terms:
A. Mulching of landscaped areas will be included as "specialty operations"
and will be performed under the conditions noted in Section XV.
B. An additional reel mower operator and truck will be allocated to the City
up to two days per week to mow larger parks. This is an addition to the
minimum manpower required by the agreement.
C. The Area Supervisor will meet daily with City staff to discuss immediate
work requirements.
D. The City and Contractor agree to negotiate the price of the landscape
maintenance for any new parks or facilities developed during the term of
this agreement. The City retains the right to negotiate with other
contractors for the work.
E. Contractor and City staff will conduct training of Contractor's employees
as necessary to provide instruction on landscape and irrigation
maintenance, and safety issues.
F. Contractor will apply gypsum at up to seven selected turf areas per year.
All correspondence shall be addressed to Dan Sereno, Parks and Trees
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884.
X. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered extra work unless a separate
estimate is given for said work and the estimate is approved by the City
before the work is commenced. The Contractor will be required to provide
before and after photographs of any safety items or emergency repairs which
are made without prior City approval. Documentation of contract compliance
may be required on some occasions.
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XI. STREET CLOSURES, DETOURS, BARRICADES
Warning signs, lights, and devices shall be installed and displayed in
conformity with "The California Manual on Uniform Traffic Devices" for use in
performance of work upon highways issued by the State of California,
Department of Transportation and as directed by City staff.
If the Contractor fails to provide and install any of the signs or traffic control
devices required hereby or ordered by the City staff, staff may cause such
signs or traffic control devices to be placed by others, charge the costs
therefore against the Contractor, and deduct the same from the next progress
payment.
Beacon lighting visible from behind the vehicle will be installed on vehicles
working along City streets.
XII. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall
dispose of all cuttings, weeds, leaves, trash, and other debris from the
operation as work progresses. The City shall not be responsible for the
disposal nor the cost of disposal. Contractor shall pay all disposal fees and
provide documentation evidence of recycling to include location, tonnage, etc.
on a monthly basis to the City.
XIII. RECORDS
The contractor shall keep accurate records concerning all of his /her
employees or agents. The contractor shall provide this information in an
organizational chart as changes in staffing occur. Additionally, the contractor
shall provide the City with names and telephone numbers of emergency
contact employees.
The 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 and which has been approved by the City in
accordance with the Agreement. Payment for any extra work will not be
authorized unless the additional work, and costs thereof are first approved by
the City in accordance with the Agreement.
The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual maintenance
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calendar to the Parks and Trees Maintenance Superintendent. This
maintenance calendar shall clearly indicate all of the park maintenance tasks
required by this agreement and the months of the year they are scheduled to
be performed. If it is necessary to make periodic revisions to this
maintenance schedule, a modified calendar must be submitted to the Parks
and Trees Maintenance Superintendent for approval prior to the date the
changes are to take effect.
The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services only at any reasonable time.
XIV. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's
normal work force is not present in the City of Newport Beach. These
Contractor representatives shall respond to said emergency within thirty (30)
minutes of receiving notification.
XV. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be
given to the City forty -eight (48) hours PRIOR to each of these operations by
the Contractor. "Specialty type" maintenance operations are defined as:
fertilization, turf aerifrcation, turf dethatching, seeding, preventive and
curative application of fungicide, herbicide or any required pesticide
applications, water truck operations, and plant replacements. Positions
used for specialty operations shall be in addition to those outlined on
page 10, section K -1, of the RFP.
XVI. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and
submit a copy thereof. The Contractor must be licensed as a California State
Licensed Pest Control Operator and a California State Licensed Pest Control
Advisor. The name and permit number will be supplied to the City at the
beginning of contract, and any changes forwarded within twenty -four (24)
hours of said change. A licensed pest control operator must be provided to
apply all restricted chemical materials.
XVII. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a 30 minutes response time
of the job site and provide the office with phone service during normal
working hours. During all other times, a telephone answering service shall be
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utilized and the answering service shall be capable of contacting the
Contractor by cell phone or pager. Contractor shall have a maximum
response time of thirty (30) minutes to all emergencies. There will be no on-
site storage of equipment or materials. Contractor will have full responsibility
for maintaining an office and a yard.
XVIII. SCHEDULES
Annual Schedule
1. The Contractor shall provide an annual maintenance schedule indicating
the time frames when items of work shall be accomplished per the
performance requirements.
2. The Contractor shall complete the schedule for each park in a manner
which shall correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen
(15) calendar days after effective date of the Agreement.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by
day of the week and by morning and afternoon.
2. The Contractor shall complete the schedule for each item of work and
each area of work.
3. The initial schedule shall be submitted one week prior to the effective date
of the Agreement. Thereafter, it shall be submitted weekly on Thursday
mornings for City approval, prior to scheduling work for the upcoming
week.
4. Changes to the schedule shall be received by the Parks and Trees
Maintenance Superintendent at least twenty -four (24) hours prior to the
scheduled time for the work.
5. Failure to notify of a change and /or failure to perform an item of work
on a scheduled day may, at the City's sole discretion, result in
deduction of payment for that date, week or month.
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6. The Contractor shall adjust his/her schedule to compensate for all
holidays and rainy days. Maintenance and litter removal shall be
scheduled for all holidays and rainy days, unless otherwise indicated by
the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for
adjusting those schedules to meet special circumstances. Therefore, all work
shall be completed on the day scheduled, as shown on the weekly schedule.
XIX. PERFORMANCE DURING INCLEMENT WEATHER
1. During the periods when inclement weather hinders normal operations,
the Contractor shall adjust his /her work force in order to accomplish those
activities that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall
result in deduction of payments to reflect only the work actually
accomplished.
3. The Contractor shall immediately notify the Parks and Trees
Maintenance Superintendent when the work force has been removed
from the job site due to inclement weather or other reasons. If the
Parks and Trees Maintenance Superintendent can not be reached,
the contractor shall notify the Parks Maintenance Supervisor.
XX. UNDERGROUND EXCAVATIONS
XXI.
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.
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:
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1. A copy of Contractors Orange County Agricultural Commissioners
Restricted Materials Permit/Operator I.D. numbers and a copy of the
Contractors Pest Control Business License.
2. A written "Pest Control Recommendation" for each chemical and site
before Contractor uses any pesticide. The Contractor shall provide (in a
three ring binder) with each Pest Control Recommendation the material
safety data sheets and manufacturers label for each chemical.
3. A `Pesticide Use Daily Record" for any site that a pesticide was used,
within 24 hours of application including: chemical name, quantity applied,
applicators name, and date of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent
To Use Restricted Materials," 24 hours before application. A Notice of
Intent will also be issued whenever chemicals are applied to turfgrass,
regardless if it is "Restricted."
5. The contractor shall provide a "Proposed Pesticide List" of all the
pesticides they intend to use for this contract, including toxicity category
and Environmental Protection Agency number for each chemical, before
any such use.
6. The contractor shall not use any pesticide that has not been authorized by
the Parks and Trees Maintenance Superintendent.
7. A Pest Control Operator with a Qualified Applicator License will be
assigned to this contract to apply restricted materials.
8. Provide annual pest control training records for all employees who will be
applying such pesticide specified on those records.
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TECHNICAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
All maintenance functions shall be performed in accordance with the following
specifications and at the frequencies indicated, unless otherwise indicated in
the "Maintenance Frequency Summary," Attachment A. The City shall have
the right to determine schedule days and the extent and frequency of
additional "as needed" services. Standards and frequencies may be modified
from time to time as deemed necessary by the City for the proper
maintenance of the listed facilities.
All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
Contractor will keep all gutters, curbs, and walks adjacent to contract areas
free of weeds, trash, and other debris.
Contractor will keep sidewalks free of algae where constant runoff occurs.
Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
Contractor will clean sidewalks, roadways, and any other areas littered or
soiled by his/her maintenance operations.
The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his /her construction and installation
equipment from the premises. Any dirt or stains caused by the work shall be
removed. Existing City trash containers shall not be used by the Contractor
for his /her debris.
Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
Contractor must notify the City immediately of any unusual and hazardous
conditions at the work site.
Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of City
facilities.
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All insects, other like pests, and diseases shall be controlled by the
Contractor. Any control measures should be approved first by the Parks and
Trees Maintenance Superintendent with written recommendations from the
Contractor's Pest Control Advisor. All rodent activity shall be eradicated as
soon as possible. Particular attention to burrowing rodents is necessary to
protect the site.
All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
All broken glass and sharp objects shall be removed immediately.
All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all
times.
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.
All sand and wood chip areas abutting maintained areas shall be cleaned
daily when dirtied by Contractor's operations and at other times as required.
Trash cans provided by the City shall be emptied daily and washed after
emptying (when necessary) or as determined by the Inspector. Contractor
shall provide plastic liners for all trash cans at Contractor's expense.
All concrete V' drains, to include the portion under the sidewalk, shall be
kept free of vegetation, debris, and algae to allow unrestricted water flow.
All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned weekly or as needed
to insure consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and
Trees Maintenance Superintendent.
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3. Failure to properly maintain drainage systems or to notify the Parks and
Trees Maintenance Superintendent of damaged systems will result in the
contractor assuming full responsibility for the repair of drainage damage to
the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an
operable condition in those locations where operable systems exist. This
includes but is not limited to controllers, backflow devices, moisture
sensors, manual and remote control valves, wiring, pipes, vaults, heads,
and anti -drain valves. The Contractor shall not be responsible for the
water meter assembly 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 rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of
Contractor's negligence shall be replaced at the Contractor's
expense.
f. Material substitutions must be approved by the Parks and Trees
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of
Newport Beach standard irrigation specifications.
h. Irrigation programming charts will be included in monthly reports in
January, April, July and October.
L Areas that require irrigation will have such accomplished no earlier
than 11:00 p.m. nor later than 6:00 a.m.
j. Contractor will maintain moisture sensors at all sites at which such a
unit is installed.
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k. Contractor will maintain master valve and flow sensors at each site
they are installed. Master valves will be tested weekly and repaired as
required.
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 at each site. However, the contractor shall be responsible for the
proper operation of the system at all times and shall perform obvious
repairs as they occur or are needed.
4. Contractor will not charge labor for any irrigation repairs, unless it is pre -
approved by the City for emergency repairs on overtime.
Water Conservation
Contractor shall appoint a staff member to act as the Water Manager.
Contract personnel performing water management duties shall have the
following abilities and must meet the following requirements.
Abilities
1. Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines
and monthly water allocations (Exhibit K).
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain all parks and landscape in a usable condition (no flooding due to
over - irrigation).
5. Troubleshoot and diagnose irrigation systems issues and take corrective
action.
Requirements
1. The Water Manager shall program all controllers weekly according to the
IRWD allocation.
2. The Water Manager shall read all IRWD meters on a weekly basis, and
provide this data to City Representatives if requested.
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2. The Water Manager shall notify the Contractor or City Representative of
all required repairs.
3. The Contractor shall meet the IRWD monthly water allocations for each
meter on all streetscape and park applications. The Contractor shall
maintain healthy plant material, and avoid monthly IRWD penalties.
Damages for Water Management
1. Should the Contractor exceed the IRWD allocation, all penalty charges for
water used above the allocation will be deducted from the contractors
monthly billing.
2. Deduction shall exclude all approved appeals such as mainline and
control valve failures.
3. The City's Representative shall meet monthly with the Contractor's
Representative and the Contractors Water Manager to review over -
allocation water billing to determine which water billing appeals are to be
approved and which are to be waived.
4. The Contractor shall copy City Representative on all such appeals,
include all meter readings and allocation calculations.
5. Over - allocations that do not qualify for appeal or have not been waived
will be deducted from the Contractor's monthly payment.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as
needed to maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -
third (1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing with a gas - powered walk -
behind edger.
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.
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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
(approved by City) shall be maintained in this area at all times.
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.
L Edging using a string line along the base paths as a guide to be
performed weekly at Bonita Canyon Sports Park and other baseball
infields as needed.
2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 1/2 to 1 1/4 inches.
b. Cool season turf including Bluegrass, Perennial Rye, Fescues - 1 1/2
to 3 inches.
c. Kikuya and St. Augustine turf - 1 1/4 to 1 3/4 inches.
d. A reel -type mower shall be used to mow all athletic fields, unless
otherwise directed by the City. Scheduling will not conflict with public
use /sport group activities and will occur on Wednesday or Thursday.
3. Vertical mowing of warm season grasses shall be done once per year in
September, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging
crown of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized four times per year using a homogenous, pellet or
granular slow - release material. City must approve the material used.
Apply at the following rates and time:
a. January: 16 -6 -8 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
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b. April 22 -3 -9 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
c. July: 21 -3 -5 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
d. October: 16 -6 -8 (or approved equal) fertilizer at one pound actual
nitrogen per 1,000 square feet.
e. 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. The Contractor shall perform a soil fertility analysis at individual parks
(up to 13) 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 Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and
Tree 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).
Aerate all athletic fields an additional two times in January and July.
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at
not more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
d. Topdress two times per year with approved topdress material at a
depth of one - quarter (1/4) inch (for sports fields only, immediately
following October and April aerations).
35
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e. Apply Gypsum at 25 pounds /1,000 square feet to select turf areas one
time per year as conditions dictate.
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 entire irrigation system at each site weekly, or
more often when conditions warrant, too ensure proper operation of
irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for turf 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. Use by the public will dictate schedules, and noise levels will
be kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free
condition.
a. Weeds shall be removed as they appear. A pre - emergent herbicide
shall be applied in all shrub and ground cover beds twice per year,
once in April and once in September.
b. Morning glory and grass infestations shall be treated immediately
when observed.
c. Groundcover areas shall be fertilized twice per year, once in April with
22 -3 -9 and once in September with 9 -9 -9 + Iron, at a rate of 2 pounds
actual fertilizer per 1,000 square feet. Substitutions may be
considered at the City's sole discretion.
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.
01
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 as needed to ensure a layer of mulch
at least 2" of mulch at all times.
Shrub. Vine. and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance
by proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specked by
the Parks and Tree 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.
e. Areas shall be fertilized twice per year, once in April with 22 -3 -9 and
once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual
fertilizer per 1,000 square feet. Substitutions may be considered at the
City's sole discretion.
f. Application of an iron chelate fertilizer or balanced fertilizer shall be
made as needed throughout the year to maintain a healthy, vigorous
growth and foliage.
g. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
h. 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, fountain grasses and other similar
37
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plants shall be removed immediately after blooming or as directed by
City.
i. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
j. 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.
k. Trim plant material regularly adjacent to curbs, sidewalks, and
roadways to provide for proper, unobstructed circulation.
I. Bark mulch should be replaced as necessary to ensure 2" of mulch at
all times.
m. 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. The Contractor is responsibility for trimming all trees up to eight (8) feet in
height. Trees shall be trimmed as necessary to maintain adequate
pedestrian and vehicle traffic and to provide clearance from buildings,
signs and other similar features.
a. Remove all suckers from base of trees as they develop throughout the
year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid
girdling and damage.
d. Contractor shall 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.
M
• •
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" thick layer of bark mulch unless
ground cover is present. Weeds shall be removed, including their
roots, before they reach 3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be done
at the direction of the City and at the prescribed unit price. All such
pruning shall be made in accordance with current International Society of
Arboricultural techniques and practices that promote the natural character
of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the
intended work. Cuts shall be made sufficiently close to the parent limb,
without cutting into the branch collar or leaving a stub, so that closure can
readily start under normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks,
patios, shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree
Maintenance Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to
clean hardscape areas. However, debris shall not under any
circumstance be blown or otherwise swept onto adjacent streets or
property. All debris must be picked up by the Contractor and
removed from the site. Any equipment that is used for cleaning
hardscape must be approved by the City.
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General Grounds Policing
1. The Contractor shall provide general grounds policing and inspection six
(6) days per week, except general grounds policing and inspection will be
seven (7) days per week from Memorial Day through Labor Day.
a. Remove all litter and other debris from site six (6) days per week and
seven (7) days per week from Memorial Day through Labor Day.
b. If refuse or litter is not removed during site visit, said litter or
debris will be considered an emergency and removed
immediately upon notification by the City. Failure of said removal
may result in deduction of payment for that date, week, or month.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Trees Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions of
all structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates, park benches, gazebos
3. Signage
4. Graffiti
d. All areas, benches, picnic tables, and associated park amenities shall
be inspected and cleaned six (6) days per week and seven (7) days
per week, Memorial Day through Labor Day. Contractor shall use a
welted rag to wipe these down as needed.
Sand/Wood Chip Areas
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 rototilling, 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).
40
• •
All additional sand or wood chips that are added shall be at the
contractor's expense.
d. All sand and wood chip areas shall be cleaned and raked level, six (6)
days per week and seven (7) days per week from Memorial Day
through Labor Day.
Specialty /Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball
courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt,
and concrete and decomposed granite walkways.
b. All areas shall be swept and refuse disposed of off site, six (6) days
per week and seven (7) days per week from Memorial Day through
Labor Day, if necessary, to remove all deposits of silt and /or sand and
glass and other debris.
c. On Monday and Thursday of each week, all areas shall be thoroughly
cleaned by sweeping or flushing with water.
d. All hard surface areas shall be inspected six (6) days per week and
seven (7) days from Memorial Day through Labor Day 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 (6) days per week and seven (7) days
per week from Memorial Day through Labor Day and maintained in a
neat, clean, and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six (6) days per
week and seven (7) days per week from Memorial Day through Labor
Day.
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
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j. All leaves, paper and debris shall be removed from hardscape areas
and disposed of off -site.
Drinking Fountains
1. Inspect, clean, and adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Native and Drought Tolerant Park Maintenance — Back Bay View Park,
Castaways Park, Morning Canyon Park, Bonita Canyon Sports Park, and
Mesa Birch Park
These requirements are in addition to the above written Technical
Maintenance Specifications:
1. All native and drought tolerant plant material at these sites will be
maintained in their natural shape. All dead wood for natives will remain
on the plant or where it has fallen.
2. The areas shall be maintained weed -free. Only manual pulling or
mechanical cultivation of non - native weed species will be allowed.
3. The contractor's maintenance personnel will be trained to distinguish
weedy plant species from native or drought tolerant vegetation to ensure
that only weedy species are removed.
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 the same day's maintenance.
6. For Morning Canyon Park, leaf and branch drop and organic debris from
native species shall be left in place.
7. For California Meadow Sedge areas at Castaways Park follow Turf
Maintenance Specifications (pages 30 -33), unless otherwise directed
differently by City. Wash mower thoroughly prior to each mow at
Castaways Park. Apply two (2) inch layer of mulch to walkways at
Castaways Park and Back Bay View Park once per year. Hand pull all
weeds in California Meadow Sedge areas prior to each mow, no chemical
eradication will be permitted.
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8. Hand water trees without bubblers as needed at Castaways Park and
Morning Canyon Park. Monitor excessive summer irrigation to Oak trees
at Castaways Park, especially those situated in California Meadow Sedge
areas.
9. Inspect rabbit fencing at Back Bay View Park once per week.
10.At several times during the year, especially during the rainy season
(November — May), the contractor shall ensure there is sufficient staff to
accommodate manual removal of all weeds throughout the sites. If the
Contractor fails to increase staff to accommodate timely weed removal,
per specifications, the City may hire an outside Contractor to assist in
weed removal and deduct these fees from the Contractor's monthly
maintenance invoice.
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EXHIBIT B
Parks /Facilities Maintenance Locations
Parks
Address
Acreage
Arroyo Park
1411 Bayswater, Bison Ave. at Bayswater
8.0
Back Bay View Park
Jamboree Road @ East Coast Hwy
8.13
Balboa Island Park
115 Agate Ave
0.18
Ba side Drive
Bayside Dr. between Carnation and
Larkspur
4.4
Bayview
Mesa Dr. Bayview Ave.
3.0
Begonia
Be onia Ave. at First Ave.
2.1
Bob Henry
16 Street @ Dover Drive
4.8
Bonita Canyon Sports Park
1990, 1880, 1641 Ford Road
38.0
Bonita Creek
University Dr. @ La Vida
10.0
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
15.0
Castaways Park
16 Street Dover Drive
18.83
Eastbluff
Vista Del Oro Vista Del Sol
13.9
Irvine Terrace
Seadrift Dr. Evita Dr.
6.8
Jasmine View
Harbor View Dr. @ Marguerite Ave.
1.0
Manning Tract
Newport Hills Dr. W. and Port Wheeler PI.
2.7
Upper Bay View Park
2081 Mesa Drive
0.71
Morning Canyon
Corner of Surrey Drive @ Rockford Road
1.0
Old School
Carnation Ave. @ 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
4.1
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
7.3
Spyglass Hill
Spyglass Hill Rd @ El Ca itan Dr.
1.4
Spyglass Hill Reservoir
Muir Beach Circle
1.0
Sunset View
North of West Coast Hwy off of Superior
Ave
0.7
Total Acreage
153.85
m
i •
EXHIBIT B
(Continued)
Facilities
Address
Acreage
Central Library
1000 Avocado Ave.
3.3
Police Department
870 Santa Barbara Dr.
0.4
Fire Station #7 — Santa
Ana Heights
20401 Acacia St.
1.3
Fire Station #4 — Balboa
Island
124 Marine Ave.
.03
Fire Station #3 — Fashion
Island
868 Santa Barbara Dr.
0.1
Total Facilities Acreage
5.13
Grand Total 158.98 acres
M
• i
EXHIBIT C
Parks /Facilities Turfgrass Maintenance Locations
Parks
Address
Acreage
Bolsa
Bolsa Ave. Old Newport Blvd.
0.1
Channel Place
Channel Place @ 44 St.
1
Cliff Drive
Cliff Dr. Q Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
Iris Ave. @ 5 Ave.
2.5
Harbor View Nature
San Miguel Dr. Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
"L" St. Piazza del Sur
0.5
Las Arenas
Balboa Blvd. @ 16 St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. a Irvine Ave.
5
Newport Island
Marcus 39 St.
0.1
Newport Shores
615 St. Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 5 Ave.
3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy
Ave.
1
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
Veteran's Memorial
15 St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport
Seashore Dr. between 57 St. & Santa Ana
I River Jetty
4
38 Street
Balboa Blvd. @ 38 St.
0.3
Total Acreage
27.9
M,
4 r
EXHIBIT C
(Continued)
Facility
Address
Acreage
CdM State Beach
Ocean Blvd. a Jasmine Ave.
1
Fire Stations:
3300 Newport Blvd.0 32nd St.
1
1
Balboa Blvd. Q Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
5
Marigold Ave. between Coast H /2nd Ave.
0.1
6
Irvine Ave. Dover Dr.
0.1
Libraries:
A St. and Balboa Blvd.
0.1
Balboa
Balboa Blvd. @ Island Ave.
1 0.2
Corona del Mar
Marigold Ave. between Coast Hwy/2nd Ave.
1 0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. a Jasmine Ave.
1
City Hall
3300 Newport Blvd.0 32nd St.
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd. McFadden PI.
0.2
Oasis Senior Citizens
Ctr.
800 Marguerite Ave. @ 5th Ave.
1
W. Nwpt Community
Ctr.
883 W. 15th St. off Placentia Ave.
0.1
"A" Street Pump Station
A St. and Balboa Blvd.
0.1
Total Acreage
12.1
Grand Total 40.0
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EXHIBIT D
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times /year
Vertical Mow
Once /year
Aerate
Twice /year, Four times for Sports Fields
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Gypsum Application
Once/ ear, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre-emergent Application
Twice/ ear
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
Six days/ week, Seven days/ week
Memorial Day thru Labor Da
Grounds Policing /Litter Removal,
Including Specialty /Sports Areas
Six days/ week, Seven days/ week
and Park Amenities
Memorial Day thru Labor Da
Site Inspection
Six days/ week, Seven days/ week
Memorial Day thru Labor Da
D3
9
EXHIBIT D
(Continued)
FUNCTION
FREQUENCY
Sand /wood chip areas
Cleaned and raked
Six days/week, Seven days/ week
Memorial Day thru Labor Day
Rototilled
Four times/ ear
Drinking Fountains
Six days /week, Seven days/ week
Memorial Day thru Labor Da
Native Area Maintenance
Weed Control
As needed
Tree Handwaterin
Weekly
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EXHIBIT E
PARKS AND FACILITY AREAS
Sites Requiring Mandatory Mowing Schedules
Before 7:00 a.m.
Before 9:00 a.m.
Before 10:00 a.m.
After 1:30 p.m.
Cibf Hall
38th St. Park
Las Arenas Park
Lincoln Athletic
Ctr.
Newport Pier Plaza
Peninsula Park
Buffalo Hills Park
Sports Fields
after 1:00 p.m.
Oasis Senior Citizens Ctr.
Wed
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
San Miguel Park
Begonia Park
Will
•
EXHIBIT F
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach
before installation. Any item not mentioned in the Standard Materials list must be
approved by Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
HEADS
• Toro 570Z -COM 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 570Z -COM Pop Up / Shrub Adapter (small slope & groundcover
areas)
• Toro 300 Stream Rotor (medium slope & groundcover areas)
• Toro XP 300 Stream Rotor (large slopes & groundcover areas)
• Toro 500 Flood Bubbler (tree wells)
Head model to be selected by the City of Newport Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
CONTROLLER
■ Rain Master Evolution DX2 irrigation controller, contact John Torosian at
Rain Master
805 - 527 -4498
■ Rain Master RME Sentar (contact City before using)
DRIP AND SPECIALIZED LOW - VOLUME IRRIGATION
■ Rain Bird Xerigation
BATTERY POWERED IRRIGATION
• Rain Bird TBOS Battery Operated Controller
• Rain Bird GB Series Remote Control Valve
• Rain Bird Potted Latching Solenoid
51
EXHIBIT F
(Continued)
MISCELLANEOUS
• Febco 825Y RP
• Spears # DS -100 Dri- Splice Connectors with crimp sleeves
• Spears # DS -300 Dri- Splice Sealant
• Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
• Griswold DW Series Valve (Control Valve)
• Griswold 2160 Solenoid Valve (Normally Open Master Valve)
• Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
• Matco 754 Series Full Port Ball Valve
• Schedule 40 PVC Lateral Pipes
• Class 315 Main Supply Pipe (2" and larger)
• Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller)
• Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D
• Round Valve Box - Plastic -10"
• Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
• Rain Master EVFM Flow Sensor
• Rockwell Metal Repair Clamp for all Main Line repairs
• PVC Slip Fix for Lateral line repairs only
TURF FERTILIZERS, ETC.,
A. All commercial fertilizers must be homogenous.
B. All organic fertilizers must have lowest salinity rate possible.
C. No steer or chicken manure is allowed.
D. All fertilizers, planting medium, humus material, etc. must be City approved.
PLANT STOCK
All selection and condition of the plant material of
trees, shrubs, annuals and perennials, flowers, and
approved by the Parks and Trees Maintenance
planting.
plant stock, seed, sod,
ground covers must be
Superintendent before
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.
52
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EXHIBIT G
REQUIRED REPORTS
1. Annual Maintenance Schedule which includes: Organization chart, mow and
trash schedules, once per year submittal.
2. Weekly Maintenance Schedule, including approved extra work.
3. Weekly Performance Report, including approved extra work completed.
4. Monthly Chemical Use Report (As sent to County Agriculture Commission),
daily as needed for certain applications.
5. Monthly Fertilizer Use Report.
6. Proposed Pesticide List with EPA numbers, Pesticide Recommendations,
Labels and Material Safety Data Sheets.
7. Weekly irrigation inspection check list (to include controller and site inspection
for all sites and a list of any repairs required).
8. Irrigation controller programming charts, submitted quarterly (January, April,
July, October).
9. Bi- weekly maintenance inspection list for all sites.
10.Annual pesticide safety training records.
11. Required tailgate safety meeting records, include with Monthly Maintenance
Report.
12. Monthly maintenance report which includes Monthly Greenwaste Report.
13. Weekly Master Valve /Flow Sensor inspection checklist.
14. Monthly pest and disease inspection for all sites conducted by a qualified
applicator certificate or license holder.
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EXHIBIT H
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.
2. 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.
3. 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.
4. All work shall be performed in accordance with specifications described in the
RFP.
54
TURF
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FUNCTION COST /UNIT OF MEASURE
Turf Mow -Real Blade
5.00/ 1000 Sq. Ft.
Turf Mow -Rotary Blade
5.00/ 1000 Sq. Ft.
Turf Edge
1.50/ 1000 Linear Ft.
Turf Aerify
5.00/ 1000 Sq. Ft.
Turf Fertilize
4.00/ 1000 Sq. Ft.
Turf Dethatch /Renovate
$260.00 1 Acre
Turf Topdress only
7.00/ 1000 Sq. Ft.
Turf Gypsum Application at 25lbs
3.00/ 1000 Sq. Ft.
HARDSCAPE
Cleaning $5.00 / 1000 Sq. Ft.
Powerwashing $10.00 / 1000 Sq. Ft.
GROUNDCOVERS
Fertilize $4.00 / 1000 Sq. Ft.
PEST CONTROL
Tree disease /insect foliar spray $85.00 / Tree
(using Talstar or Equal)
Tree disease /insect root injections
(using Merit or Equal)
Pre - Emergent/turf or planter
(using Snapshot or Equal)
General Weed Control Post Emergent
(using Roundup or Equal)
SHRUB PRUNING /REMOVALS
Pruning
Removals
FULL TREE PRUNING /REMOVALS
Pruning
Removals
55
85.00/ Tree
50.00/ 1000 Sq. Ft.
25.00/ 1000 Sq. Ft.
10.001 10' Linear feet
85.00/ 10' Linear feet
195.00/ Tree
995.001 Tree
• •
PLANTING (All shrubs and trees will be planted with approved soil
amendment)
1 Gal. Shrub
5 Gal. Shrub
15 Gal. Shrub
15 Gal. Tree (with root barriers,
tree stakes and ties)
24" Box Tree (with root barriers,
tree stakes and ties)
36" Box Tree (with root barriers,
tree stakes and ties)
64 Count Flat Groundcover
16 Count 4" Flat Annual Color
Turf - Seed and Top Dress
Turf - Sod
10.001 Each
25.001 Each
85.00/ Each
105.00/ Each
325.00/ Each
$895.00 Each
30.00/ Flat
35.001 Flat
120.00/ 1000 Sq. Ft.
$1,200.00 1000 Sq. Ft.
Hand spread and rake in City supplied
seed (in California Native areas) $12.00 / 1000 Sq. Ft.
LABOR
Landscape Maint. Supervisor
$25.00 1 Hour
Pest Control Applicator
$45.00 1 Hour
Irrigation Specialist
$25.00 1 Hour
Landscape Maint. Leadworker
$25.0 0/ Hour
Equipment Operator
$65.0 0/ Hour
Landscape Maint. Laborer
$20.0 0/ Hour
Tree Trimmer
$65.0 01 Hour
EQUIPMENT
1 Ton -Truck $360.00 / Day
MULCHING
0 -2" Mulch at 2" layer $45.00 1 1000 Sq. Ft.
GREENWASTE
Disposal $70.00 1 Ton
01
0
Park and Facility Maintenance
Park and Facility Turgrass Maintenance
$2,500.00 AcreNear
$4,500.00 AcreNear
Park and Facility Native Park Maintenance $2,500.00 / AcreNear
57
0 0
EXHIBIT I
BID UNIT COSTS
Parks /Facilities Maintenance Locations
Parks
Address
Yearly Cost
Arroyo Park
1411 Bayswater; Bison Ave at Bayswater
$ 41,216.00
Back Bay View Park
Jamboree Rd @ East Coast H
$ 34 863.00
Balboa Island Park
115 Agate Avenue
$ 2,083.00
Bayside Drive
Bayside Dr. between Carnation and
Larkspur
$ 17,327.00
Bayview
Mesa Dr. Bayview Avenue
$ 12,496.00
Begonia
Begonia Ave. at First Ave.
$ 8,746.00
Bob Henry
W Street @ Dover Drive
$ 17,993.00
Bonita Canyon Sports Park
1990, 1880, 1641 Ford Rd
$164,928.00
Bonita Creek
University Dr. @ La Vida
$ 52,629.00
Buffalo Hills
Newport Hills Dr. East/West @ Ford Rd.
$ 62,480.00
Castaways Park
16m St. @ Dover Drive
$ 54,000.00
Eastbluff
Vista del Oro Vista del Sol
$ 58,897.00
Irvine Terrace
Seadrift Dr. Evita Dr.
$ 28,323.00
Jasmine View
Harbor View Dr. @ Marguerite Ave.
$ 4,165.00
Manning Tract
Newport Hills Dr. W. and Port Wheeler PI.
$ 12,246.00
Upper Bay View Park
2081 Mesa Drive
$ 1,670.00
Morning Canyon
Corner of Surrey Dr. @ Rockford Rd.
$ 4,165.00
Old School
Carnation Ave @.0 Ave.
$ 4,331.00
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
$ 17,077.00
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
$ 41,382.00
Spyglass Hill
Spyglass Hill Rd. Q El Ca itan Dr.
$ 5,831.00
Spyglass Hill Reservoir
Muir Beach Circle
$ 4,165.00
Sunset View
North of West Coast Hwy off of Superior
Ave
$ 2,915.00
Facilities
Address
Yearly Cost
Central Library
1000 Avocado Ave.
$ 13,745.00
Police Department
870 Santa Barbara Dr.
$ 1,666.00
Fire Station #7 — Santa Ana
Heights
20401 Acacia St.
$ 12,000.00
Fire Station #4 — Balboa
Island
124 Marine Ave.
$ 500.00
Fire Station #3 — Fashion
Island
868 Santa Barbara Dr.
$ 416.00
40
0 •
EXHIBIT J
BID UNIT COSTS
Parks /Facilities Turfgrass Maintenance Locations
Parks
Address
Yearly Cost
Bolsa
Bolsa Ave. @ Old New ort Blvd
$ 416.00
Channel Place
Channel Place @ 44 St.
$ 4,165.00
Cliff Drive
Cliff Dr. Riverside Dr.
$ 6,248.00
Ensign View
2501 Cliff Dr. El Modena Ave.
$ 2,083.00
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
$ 4,165.00
Grant Howald
Iris Ave. 5,n Ave.
$10,413.00
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
$ 4,165.00
Kings Road
Kings Road west of St. Andrew's Road
$ 416.00
"L" Street
"L" St. @ Piazza del Sur
$ 2,083.00
Las Arenas
Balboa Blvd. 16 St.
$ 832.00
Lido
Via Lido entrance to Lido Island
$ 2,083.00
Mariners
Dover Dr. in Irvine Ave.
$20,000.00
Newport Island
Marcus @ 39 St.
$ 416.00
Newport Shores
615 St. @ Coast Blvd.
$ 416.00
Oasis Passive
Marguerite Ave. 5m Ave.
$13,162.00
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
$ 4,165.00
Peninsula
Main St. East Ocean Front, Balboa
$ 14,579.00
Veteran's Memorial
15 St. Bay Ave.
$ 1,640.00
Westcliff
Polaris Dr. @ Westwind Way
$ 4,165.00
West Jetty View
Ocean Blvd. Channel Rd., Balboa
$ 832.00
West Newport
Seashore Dr. btwn 57 St. & Santa Ana River
Jetty
$16,662.00
38 Street
Balboa Blvd. @ 38 St.
$ 1,249.00
Facility
Address
Yearly Cost
Fire Stations:
1
Balboa Blvd. @ Island Ave.
$ 416.00
2
32" St. @ Villa Way
$ 416.00
5
Marigold Ave. between Coast Hwy/2 n Ave.
$ 416.00
6
Irvine Ave. Q Dover Dr.
$ 416.00
Libraries:
Balboa
Balboa Blvd. a Island Ave.
$ 832.00
Corona del Mar
Marigold Ave. between Coast Hwy/2 n Ave.
$ 416.00
59
r i
Miscellaneous:
"A" Street Pump
Station
A St. and Balboa Blvd.
$ 500.00
CdM State Beach
Ocean Blvd. Jasmine Ave.
$ 4,165.00
City Hall
3300 New ort Blvd. @ 32" St.
$ 4,165.00
Lincoln Athletic
Center
3101 Pacific View Dr.
$38,235.00
Newport Pier Plaza
Balboa Blvd. McFadden Pl.
$ 832.00
Oasis Senior Citizens
Center
800 Marguerite Ave. @ 5 Ave.
$ 4,165.00
W. Nwpt Community
Ctr.
883 W. 15 St. off Placentia Ave.
$ 416.00
.E
611111co-doog)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
August 12, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 -644 -3055
mharmon(cDcitv.newaort- beach.ca. us
SUBJECT, Agreement with TruGreen Landcare, LLC for the Landscape
Maintenance of City Parks and Facilities
ISSUES:
Should the City Council enter into a two -year agreement with TruGreen Landcare,
LLC to provide landscape maintenance services in City parks and facilities and fund
the increase over the previous contract for the remainder of the fiscal year?
RECOMMENDATION:
Staff recommends that the City Council:
(1) Approve a two -year agreement with TruGreen Landcare, LLC of Gardena for the
landscape maintenance of City parks and facilities at a cost of $852,000 per year;
and
(2) Approve a budget amendment in the amount of $145,443, from General Fund
Unappropriated Reserves, to fund the increase in cost over the expiring contract for
the remainder of the fiscal year.
DISCUSSION:
At its July 8 meeting, the City Council authorized General Services Department staff
to negotiate with TruGreen Landcare, LLC for the landscape maintenance of City
parks and facilities. TruGreen had the lowest cost of the seven proposals received
in an RFP process, and is currently the contractor performing the work at these
locations. The RFP represented staff's intent to combine two existing contracts
Agreement with TruGreen Landcare, LLC for the Landscape
Maintenance of City Parks and Facilities
August 12, 2008
Page 2
(Maintenance of Parks and Facilities and the Maintenance of Bonita Canyon Sports
Park) into a single agreement, since the scope of work is similar for each.
Following Council authorization, staff met with TruGreen staff to negotiate and refine
the company's proposal. The following items were agreed upon:
• Mulching of landscaped areas will be included as "specialty operations" and
will be performed by additional staff outside of the minimum required
manpower.
• An additional mower operator and truck will be allocated to the City up to two
days per week to mow larger parks, in addition to the minimum manpower
required by the agreement.
• The TruGreen Area Supervisor will meet daily with a City staff member to
discuss immediate work requirements.
• The City and TruGreen agree to negotiate the price of landscape
maintenance services for any new parks or facilities developed during the
term of this agreement.
• TruGreen and City staff will conduct training of TruGreen's employees as
necessary to provide instruction on landscape and irrigation maintenance,
and safety or other issues.
These changes have been included in the attached agreement.
FUNDING:
The proposed contract is $13,222 more per month than the current agreements the
City has with TruGreen Landcare, due to the substantial increases in fuel, personnel,
and equipment since the Parks /Facilities contract was approved in 2006 and the
BCSP contract was approved in 2003. Additionally, the Parks Division budgets an
extra 10% of contract costs to fund extra work outside the scope of work, such as
irrigation repairs, replanting of dead or declining vegetation, and miscellaneous
repairs due to damage and wear and tear.
Consequently, staff is requesting a budget amendment in the amount of $145,443
from General Fund Unappropriated Reserves into Account 3170 -8088 (Parks
Maintenance Division — Services - Contract) to fund the difference of the monthly
maintenance cost and extra work over the ten months of the fiscal year for which this
contract will be in force (August 30, 2008 through June 30, 2009).
• Agreement with TruGreendcare, LLC for the Landscape
Maintenance of City Parks and Facilities
August 12, 2008
Page 3
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
Prepared by:
r
We Pisani
Deputy General Services Director
Attachment: (1) Proposed Agreement
(2) BudgetAmendment
Submitted
Mark Harmon
General Services Director
•
CONTRACT SERVICE AGREEMENT WITH TRUGREEN LANDCARE, L.L.C. TO
PROVIDE LANDSCAPE MAINTENANCE FOR CITY PARKS AND FACILITIES
THIS AGREEMENT, entered into this 12th day of August 2008.
( "Commencement Date ") by and between the City of Newport Beach, a Municipal
Corporation and Charter City ( "City"), and TRUGREEN LANDCARE, L.L.C., a
Delaware Limited Liability Company, whose office is located at 1323 West 130th Street,
Gardena, California, 90247, ( "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. Prior to August 1997, City maintained turfgrass in City parks and facilities
using its own employees and equipment.
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 City.
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 negotiated
with 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 price specified in this
Agreement.
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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 August 30, 2008, after City Council approval of this contract, and upon
receipt and approval of all required bonds and insurance. The term of this Agreement
shall automatically be extended for three (3) additional one (1) year terms ( "automatic
extensions ") with the extensions to automatically commence upon the expiration of the
initial term or any extended term, unless the City notifies Contractor in writing at least
thirty (30) days before the end of the initial term or any extended term, of its intent to
terminate this Agreement at the conclusion of the initial term or any extension. Time is
of the essence in the performance of services under this Agreement.
2. SCOPE OF SERVICES
A. In compliance with all terms and conditions of this Agreement, Contractor
shall perform the landscape and maintenance services specifically described in, and in
strict compliance with the requirements of Exhibit A ( "Scope of Work "), which services
may be referred to herein as the "services" or "worts" hereunder, at the park and facility
locations noted by Exhibits B and C. The services shall be performed at least as
frequently as specified in Exhibit D and in compliance with the time schedule set forth in
Exhibit E. 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 F. Reports shall be submitted by the
Contractor in accordance with Exhibit G. Bid Unit Prices and Costs are contained in
Exhibits H through J. All of the Exhibits are considered to be a part of, and are
incorporated into, this Agreement by reference.
B. As a material inducement to the City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants
that it shall follow the HIGHEST INDUSTRY 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 INDUSTRY
STANDARDS" shall mean those standards of practice recognized by one or more first -
class firms performing similar work under similar circumstances.
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3. WORKMANSHIP, SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the contract
services. The Contractor shall comply with all State and Federal legal requirements
regulating the right to work in the United States of America to ensure that all members
of the work force have the legal right to perform work under this Agreement. Contractor
shall make any records related thereto available to the City within ten (10) days of
receiving a written request for said records by the City.
B. All contract services shall be performed by competent and experienced
employees. Irrigation maintenance and repairs shall be performed by a certified
California Landscape Contractors Association Landscape Technician I (Irrigation). All
pesticide operations, where required, shall be performed by a California State Licensed
Pest Control Operator through written recommendation by a California State Licensed
Pest Control Advisor. Contractor shall be responsible for compliance with all local,
state, and federal laws and regulations regarding pesticide usage. Contractor shall
employ or retain, at its sole cost and expense, all professional and technical personnel
(in addition to irrigation and pesticide specialists) necessary to properly perform
contract services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications. All
supervisory personnel 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, seventeen (17) full -time positions, as depicted in the below table:
# Positions
Work
Required Vehicle
Location
Performed
(1) Supervisor
(1) Leadworker
(1) Crew cab truck
(2) Irrigation
Include
(2) Fully stocked trucks
All Contract Sites
Technicians
Irrigation
with irrigation controller
Except Bonita
Maintenance
remotes for Rainmaster
Canyon Sports
Park
(1) Irrigation
Include
(1) Fully stocked truck
Bonita Canyon
Techician
Irrigation
with irrigation controller
Sports Park
Maintenance
remotes for Rainmaster
(1) Mow Crew
Mowing / Turf
(1) Crew cab truck
Alt Contract Sites
Driver
Maintenance
(4) Mow Crew
Laborers
3
0 0
(2) Detailed
Detailed
(1) Truck or
Bonita Canyon
Maintenance
Maintenance
utility vehicle
Sports Park
Laborers
(2) Detailed
Detailed
(1) Truck or
Back Bay View
Maintenance
Maintenance
utility vehicle
Park/ Castaways
Laborers
Park/ Morning
Canyon/ Mesa
Birch Park
(3) Detailed
Detailed
All Other Contract
Maintenance
Maintenance
Sites
(1) Laborer
General litter
(1) 1 -Ton stakebed truck
All Contract Sites
control, refuse
removal, and
grounds
policing
The City reserves the right to increase minimum staffing based upon additional
acres being added to this contract.
D. Work shall be performed by competent and experienced workers. All
irrigation maintenance and repairs shall be performed by a California Landscape
Contractors Association, Certified Landscape Technician-[ (Irrigation).
E. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications.
Supervisors and lead workers must communicate effectively, both in written and
oral English, and shall be present at all times during contract operations. Any
order given to these supervisors or lead workers shall be deemed as delivered to the
Contractor.
F. All pesticide operations, where required, shall be performed by a
California State Licensed pest control operator through written recommendation by a
California State Licensed Pest Control Advisor. The Contractor shall be responsible
for compliance with all local, state, and federal laws and regulations regarding pesticide
usage.
G. 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
written notice from the City.
H. 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
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identification badges or patches. Those contract employees working in or adjacent to
traffic zones shall wear orange vests.
I. All work shall be performed in accordance with the highest landscape and
maintenance standards.
J. 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.
K. 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 Contractors performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against
any such fees, assessments, taxes penalties or interest levied, assessed or imposed
against City hereunder.
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Eight Hundred Fifty -Two Thousand
Dollars ($852,000.00) per year ( "Contract Amount") to perform all the work and
services contemplated by and described in Exhibits A through G. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after approval of an invoice by the City. Payment shall be deemed made when
deposited in the United States mail, first class postage pre -paid, and addressed to
Contractor as specified in Section entitled "Notices ".
Upon the second anniversary of the Commencement Date and upon each
anniversary of the Commencement Date thereafter, the Contract Amount shall be
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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
immediately prior to Commencement Date. 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 2008 and the index to be used for the denominator is the index for the
month of March preceding the Commencement Date. The "Consumer Price Index" to
be used in such calculation is the Consumer Price Index, All Urban Consumers (All
Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the
United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the
Contract Amount in effect immediately preceding such adjustment. No adjustment shall
be made on the first anniversary of the Commencement Date. The maximum increase
to the Contract Amount, for any year where an adjustment is made in proportion to
changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in
effect immediately preceding such adjustment.
7. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the
details of the performance or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of
the services.
8. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit F in
performing contract services. Any deviation from the materials described in Exhibit F
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
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performance of contract services. Actual cost shall be the best price available to
Contractor including all applicable discounts. Contractor shall provide City with a
schedule of typical costs of irrigation parts, plant materials and other commonly used
items within thirty (30) days from the date of this Agreement and within thirty (30) days
of each anniversary of the Commencement Date. Contractor shall retain records
reflecting the actual cost of parts or materials used and the performance of services
required by this Agreement.
C. City reserves the right to purchase material or parts and make same
available to Contractor. City shall notify Contractor of its intention to do so seven (7)
days prior to Contractor's obligation to use City provided parts and/or materials.
Contractor shall secure, store, inventory, distribute and control all materials or parts
provided to Contractor by City. Contractor shall make all materials and inventory
available to the City upon request.
9. REPAIRIREPLACEMENT
A. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and /or other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property,
except such losses or damages as may be caused by City s sole negligence or willful
misconduct.
B. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives
or officers.
D. Contractor shall repair damaged irrigation pipes, controllers and valves
only after the City Administrator has approved a written estimate of the cost of repair.
E. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover, mulch and bark) which requires replacement due to
the failure of Contractor to properly perform the services required by this Agreement or
has been damaged by the acts of Contractor or its employees. Contractor shall replace
plant materials damaged or destroyed by the acts of others only after the City
Administrator approves a written estimate of the costs of replacement including
materials and labor costs.
10. FAMILIARITY WITH WORK
A. By executing this Agreement, Contractor warrants that Contractor (a) has
thoroughly investigated and considered the scope of services to be performed, (b) has
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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 site 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, attorneys
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or
indirectly) to any work performed or services provided under this Agreement (including,
without limitation, defects in workmanship and /or materials) or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorney's fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work. Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
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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 Coveraae. 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 Employers Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000)
per occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general aggregate
limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage for all activities of the
Contractor arising out of or in connection with work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in
an amount not less than one million dollars ($1,000,000) combined single limit for each
occurrence.
E. Endorsements. Each general liability, employers 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 insured's with respect to liability
arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents and volunteers as
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respects to all claims, losses, or liability arising directly or indirectly from the
Contractor's operations or services provided to City. Any insurance maintained by City,
including any self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party except after thirty
(30) calendar days (10 calendar days written notice of non - payment of premium) written
notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted or
purported assignment without consent of City shall be null and void. Contractor
acknowledges that these provisions relative to assignment are commercially reasonable
and that Contractor does possess special skills, abilities, and personnel uniquely suited
to the performance of contract services and any assignment of this Agreement to a third
party, in whole or in part, could jeopardize the satisfactory performance of contract
services. Contractor may not employ any subcontractors unless specifically authorized
by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, or of the interest of any general partner or
joint venture which shall result in changing the control of Contractor, shall be construed
as an assignment of this Agreement.
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14. RECORDS /REPORTS
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
quarterly (January, April, July, October) or when changes are made to a controller on
the City's Central Irrigation System. Additionally, tailgate safety meeting records and
green waste recycling reports will be submitted monthly.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
15. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
Administrator or his /her authorized representative shall represent the City in all matters
pertaining to the services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor to complete
the work contemplated by this Agreement. City also agrees to provide all such
materials in a timely manner.
16. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance services as
requested by the Administrator. The Administrator may give verbal authorization for
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additional services, prior to performance of the work, up to One Thousand Dollars
($1,000.00). Contractor must obtain written authorization from the City Administrator
prior to the performance of any additional services that exceed $1,000.00. Contractor
shall be compensated for additional services in accordance with the unit prices
specified in Exhibit H through J.
B. City reserves the right to withdraw certain park or facility locations from
the Scope of Work to be performed by Contractor pursuant to this Agreement. City
shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the
effective date of withdrawal of any location. In the event a location is withdrawn from
the scope of services, compensation to Contractor shall be reduced in accordance with
the bid unit costs specified in Exhibits I and J. In the event the location is withdrawn for
a period of less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
17. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor
during the performance of the Agreement, such dispute shall be decided by the City
Manager and his decision shall be final and binding upon Contractor and his sureties.
18. WORK DEFICIENCIES AND CORRECTIONS
A. Irrigation - related work deficiencies shall be corrected within twenty -four (24)
hours of written notification from the City or prior to the scheduled watering; whichever is
earlier. Malfunctions resulting in continuously running water shall be repaired
immediately. All other work deficiencies of Contractor shall be corrected in a timeframe
per the City's discretion. Written notification may be hand delivered, e- mailed, faxed, or
mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor
shall notify the City and request inspection of the corrective work. Deficiencies listed in
the Notice of Deficiency shall not be considered as having been corrected until the City
has inspected the site to verify that the listed deficiencies have been corrected and has
approved the corrective work in writing.
B. Failure to correct the deficiencies listed in the Notice of Deficiency within the
timeframe specified by the City (or within 24 hours in the case of irrigation- related
deficiencies) may, in the City's sole discretion, result in action being taken by the City,
including, but not limited to, (a) correcting the deficiency (using the City's own work force
and /or by contracting out) and deducting any associated costs plus overhead incurred
thereby from the total monthly compensation due the Contractor; (b) deletion of site(s)
from the Contract and reducing the corresponding compensation for that month; (c)
contracting with another Vendor to perform the maintenance and other services required
for the remainder of the term of the Contract with respect to the site where the
deficiencies exist and deducting from the Contractor's total compensation under the
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contract any costs that City pays or becomes obligated to pay the new Contractor,
including expenses City incurs over and above the monthly billing rate by the Contractor
for that site; (d) terminating the agreement; and /or (e) taking any other action and
exercising any other legal remedy available to the City under law.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses not
expressly set forth in this Agreement.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City Clerk, which secures the faithful performance of this Agreement,
unless such requirement is waived by the City Administrator. The bond shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto
shall be a certified and current copy of his power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement and shall be
null and void only if the Contractor promptly and faithfully performs all terms and
conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory
only if issued by a company qualified to do business in Calffomia, rated "A" or better in
the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal
Register, and only if they are of a financial category Class VII or better, unless such
requirements are waived by the Risk Manager of the City.
21. LABOR
A. Contractor shall 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-
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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 in violation of
the federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable financially affect such interest.
The Contractor will provide a completed disclosure form noting the above. Contractor
will comply with the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Contractor shall indemnify and hold harmless the City for
any claims for damages resulting from the Contractor's violation of this Section.
25. NOTICES
All 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:
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City of Newport Beach
3300 Newport Boulevard
P.O. 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:
TruGreen Landcare
1323 West 130th Street
Gardena, CA 90247
Attention: Sergio Hernandez, Branch Manager
26. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such default is
not cured within a period of two (2) working days, or if more than two (2) working days
are reasonably required to cure the default and Contractor fails to give adequate
assurance of due performance within two (2) working days after Contractor receives
written notice of default from City, City may terminate the Agreement forthwith by giving
written notice. City may, in addition to the other remedies provided in this Agreement 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 of termination. The Contractor may only terminate the Agreement in the
event of nonpayment by the City. In the event of nonpayment of undisputed sums by
the City, Contractor shall give the City thirty (30) days written notice thereof and the City
shall have fifteen (15) working days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of Contractor's
compensation for contract services if, in the judgment of the City Administrator, the
level of maintenance falls below appropriate landscape or hardscape maintenance
standards and /or Contractor fails to satisfactorily perform contract services. City shall
have the right to retain funds withheld until the City Administrator determines that
contract services are performed as well and as frequently as required by this
Agreement.
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27. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that attorneys' fees shall not be recoverable by the prevailing party.
28. COMPLIANCE WITH LAW
All services rendered hereunder by Contractor shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time
service is rendered.
29. WAIVER
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein whether of the same or a
different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements
of whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
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.
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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 parry by reason of
the authorship of the Agreement or any other rule of construction which might otherwise
apply.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
In
Aaron C. Harp
Assistant City Attorney
ATTEST:
CITY CLERK
m
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward D. Selich, Mayor
City of Newport Beach
CONTRACTOR:
By:_
Title:
Title:
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List of Exhibits
Exhibit A:
Scope of Work
Exhibit B:
Parks and Facilities Maintenance Locations
Exhibit C:
Parks and Facilities Turlgrass Maintenance Locations
Exhibit D:
Maintenance Frequency Schedule
Exhibit E:
Parks and Facilities Mandatory Schedules
Exhibit F:
Standard Materials
Exhibit G:
Required Reports
Exhibit H:
Unit Prices
Exhibit 1:
Bid Unit Costs (Parks /Facilities Maintenance Locations)
Exhibit J:
Bid Unit Costs (Parks/Facilities Turfgrass Maintenance
Locations)
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EXHIBIT A
Scope of Work
1. INTENT
The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that such
site be kept in a healthy, weed free, vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform landscape
maintenance as described herein including, but not limited to, the following:
1. Weeding, cultivating and brush control, both mechanically and with
chemicals.
2. Turfgrass weed eradication and control, both mechanically and with
chemicals.
3. Turf, shrub, and tree fertilization.
4. Shrub and groundcover trimming, pruning, and training.
5. Minor tree pruning and staking. Pruning trees under 8 feet in height.
6. Irrigation programming, monitoring, maintenance, and repair.
7. Water meter reading and water conservation.
8. General rodent, pest, and disease control on landscape planting and turf.
9. Mowing, verticutting, and aerifying.
10. General litter control, refuse removal, and grounds policing.
11. Plant replacement.
12. Hardscape cleaning.
13. Maintenance of sand and wood chip areas.
14. Access roadway clearance and visibility maintenance.
15. General drainage structure and system maintenance.
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16. Drinking fountain maintenance.
17. Reporting vandalism, graffiti, or any safety concerns.
It shall NOT be the contractor's responsibility to maintain or repair:
1. Area lighting systems
2. Fencing
3. Gates
4. Any building located at the specified site
5. Graffiti
6. Vandalism
7. Signage
8. Damage resulting from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent
required in the technical specifications of the Bid Schedules.
10. Trees over 8 feet in height.
III. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of
7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work
is to be scheduled other than litter control and refuse, without permission
from the City, unless it is an emergency situation. No motorized equipment
shall be operated before 8:00 AM or after 5:00 PM.
IV. TERM OF CONTRACT
The term of this agreement shall be for a period of two (2) years, with up to
three (3), one (1) year extensions, renewable on an annual basis as City's
sole discretion. The City reserves the right to terminate the agreement
unilaterally at any time upon thirty (30) days written notice to the Contractor.
This Agreement can be renewed in one year increments in the City's sole
discretion, based upon an evaluation of performance of the maintenance
contractor with a determination of satisfactory performance by the City.
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V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications
set forth within this document and providing no other arrangements
have been made between the Contractor and the City. Failure to notify
of a change and /or failure to perform an item or work on a scheduled
day may, at the City's sole discretion, result in deduction of payment for
that date, week, or month. Payment will be retained for work not
performed until such time as the work is performed to City standard.
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.
VI. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with
the Contractor and the City representative to determine progress and to
establish areas needing attention. A monthly maintenance schedule will be
submitted in writing to the City by the first day of said month. The supervisor
of this contract shall be available to meet with the City's representative daily
during working hours, as necessary.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor
and if not corrected, payment to the Contractor will not be made until
condition is corrected in a satisfactory manner as set forth in the
specifications.
VII. SPECIFICATIONS
These specifications are intended to cover all labor, material and standards
of architectural, landscaping, and mechanical workmanship to be employed in
the work called for in these specifications or reasonably implied by terms of
same. Work or materials of a minor nature which may not be specifically
mentioned, but which may be reasonably assumed as necessary for the
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completion of this work, shall be performed by the Contractor as if described
in the specifications.
Vlll. ADDITIONAL TERMS
IX.
Contractor and City have agreed to the following additional terms:
A. Mulching of landscaped areas will be included as "specialty operations"
and will be performed under the conditions noted in Section XV.
B. An additional reel mower operator and truck will be allocated to the City
up to two days per week to mow larger parks. This is an addition to the
minimum manpower required by the agreement.
C. The Area Supervisor will meet daily with City staff to discuss immediate
work requirements.
D. The City and Contractor agree to negotiate the price of the landscape
maintenance for any new parks or facilities developed during the term of
this agreement. The City retains the right to negotiate with other
contractors for the work.
E. Contractor and City staff will conduct training of Contractor's employees
as necessary to provide instruction on landscape and irrigation
maintenance, and safety issues.
F. Contractor will apply gypsum at up to seven selected turf areas per year.
All correspondence shall be addressed to Dan Sereno, Parks and Trees
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, California 82663 -3884.
X. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered extra work unless a separate
estimate is given for said work and the estimate is approved by the City
before the work is commenced. The Contractor will be required to provide
before and after photographs of any safety items or emergency repairs which
are made without prior City approval. Documentation of contract compliance
may be required on some occasions.
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XI. STREET CLOSURES, DETOURS, BARRICADES
Warning signs, lights, and devices shall be installed and displayed in
conformity with "The California Manual on Uniform Traffic Devices" for use in
performance of work upon highways issued by the State of California,
Department of Transportation and as directed by City staff.
If the Contractor fails to provide and install any of the signs or traffic control
devices required hereby or ordered by the City staff, staff may cause such
signs or traffic control devices to be placed by others, charge the costs
therefore against the Contractor, and deduct the same from the next progress
payment.
Beacon lighting visible from behind the vehicle will be installed on vehicles
working along City streets.
XII. DISPOSAL
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall
dispose of all cuttings, weeds, leaves, trash, and other debris from the
operation as work progresses. The City shall not be responsible for the
disposal nor the cost of disposal. Contractor shall pay all disposal fees and
provide documentation evidence of recycling to include location, tonnage, etc.
on a monthly basis to the City.
XIII. RECORDS
The contractor shall keep accurate records concerning all of his /her
employees or agents. The contractor shall provide this information in an
organizational chart as changes in staffing occur. Additionally, the contractor
shall provide the City with names and telephone numbers of emergency
contact employees.
The 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 and which has been approved by the City in
accordance with the Agreement. Payment for any extra work will not be
authorized unless the additional work, and costs thereof are first approved by
the City in accordance with the Agreement.
The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual maintenance
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calendar to the Parks and Trees Maintenance Superintendent. This
maintenance calendar shall clearly indicate all of the park maintenance tasks
required by this agreement and the months of the year they are scheduled to
be performed. If it is necessary to make periodic revisions to this
maintenance schedule, a modified calendar must be submitted to the Parks
and Trees Maintenance Superintendent for approval prior to the date the
changes are to take effect.
The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services only at any reasonable time.
XIV. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's
normal work force is not present in the City of Newport Beach. These
Contractor representatives shall respond to said emergency within thirty (30)
minutes of receiving notification.
XV. SPECIALTY OPERATIONS
Written notification of all "specialty type" maintenance operations shall be
given to the City forty -eight (48) hours PRIOR to each of these operations by
the Contractor. "Specialty type" maintenance operations are defined as:
fertilization, turf aerification, turf dethatching, seeding, preventive and
curative application of fungicide, herbicide or any required pesticide
applications, water truck operations, and plant replacements. Positions
used for specialty operations shall be in addition to those outlined on
page 10, section K -1, of the RFP.
XVI. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C -27 License and
submit a copy thereof. The Contractor must be licensed as a California State
Licensed Pest Control Operator and a California State Licensed Pest Control
Advisor. The name and permit number will be supplied to the City at the
beginning of contract, and any changes forwarded within twenty -four (24)
hours of said change. A licensed pest control operator must be provided to
apply all restricted chemical materials.
XVII. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a 30 minutes response time
of the job site and provide the office with phone service during normal
working hours. During all other times, a telephone answering service shall be
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utilized and the answering service shall be capable of contacting the
Contractor by cell phone or pager. Contractor shall have a maximum
response time of thirty (30) minutes to all emergencies. There will be no on-
site storage of equipment or materials. Contractor will have full responsibility
for maintaining an office and a yard.
XVIII. SCHEDULES
Annual Schedule
1. The Contractor shall provide an annual maintenance schedule indicating
the time frames when items of work shall be accomplished per the
performance requirements.
2. The Contractor shall complete the schedule for each park in a manner
which shall correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen
(15) calendar days after effective date of the Agreement.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by
day of the week and by morning and afternoon.
2. The Contractor shall complete the schedule for each item of work and
each area of work.
3. The initial schedule shall be submitted one week prior to the effective date
of the Agreement. Thereafter, it shall be submitted weekly on Thursday
mornings for City approval, prior to scheduling work for the upcoming
week.
4. Changes to the schedule shall be received by the Parks and Trees
Maintenance Superintendent at least twenty -four (24) hours prior to the
scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work
on a scheduled day may, at the City's sole discretion, result in
deduction of payment for that date, week or month.
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6. The Contractor shall adjust his/her schedule to compensate for all
holidays and rainy days. Maintenance and litter removal shall be
scheduled for all holidays and rainy days, unless otherwise indicated by
the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for
adjusting those schedules to meet special circumstances. Therefore, all work
shall be completed on the day scheduled, as shown on the weekly schedule.
XIX. PERFORMANCE DURING INCLEMENT WEATHER
1. During the periods when inclement weather hinders normal operations,
the Contractor shall adjust his/her work force in order to accomplish those
activities that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall
result in deduction of payments to reflect only the work actually
accomplished.
3. The Contractor shall immediately notify the Parks and Trees
Maintenance Superintendent when the work force has been removed
from the job site due to inclement weather or other reasons. If the
Parks and Trees Maintenance Superintendent can not be reached,
the contractor shall notify the Parks Maintenance Supervisor.
XX. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to
insure the safety of his /her work crew and to protect, in place, existing utility
equipment before commencing any excavation. Contractor shall contact the
Parks and Trees Maintenance Superintendent and Underground Service
Alert (1- 800 - 422 -4133) 48 hours before commencing any excavation, to
locate underground service lines.
XXI. PESTICIDES
The City must maintain all documents that pertain to the use of pesticides on
its property. Contractor must provide the Parks and Trees Maintenance
Superintendent with all of the following:
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1. A copy of Contractor's Orange County Agricultural Commissioners
Restricted Materials Permit/Operator I.D. numbers and a copy of the
Contractor's Pest Control Business License.
2. A written "Pest Control Recommendation" for each chemical and site
before Contractor uses any pesticide. The Contractor shall provide (in a
three ring binder) with each Pest Control Recommendation the material
safety data sheets and manufacturers label for each chemical.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used,
within 24 hours of application including: chemical name, quantity applied,
applicator's name, and date of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent
To Use Restricted Materials," 24 hours before application. A Notice of
Intent will also be issued whenever chemicals are applied to turfgrass,
regardless if it is "Restricted."
5. The contractor shall provide a 'Proposed Pesticide List" of all the
pesticides they intend to use for this contract, including toxicity category
and Environmental Protection Agency number for each chemical, before
any such use.
6. The contractor shall not use any pesticide that has not been authorized by
the Parks and Trees Maintenance Superintendent.
7. A Pest Control Operator with a Qualified Applicator License will be
assigned to this contract to apply restricted materials.
B. Provide annual pest control training records for all employees who will be
applying such pesticide specified on those records.
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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," Attachment A. The City shall have
the right to determine schedule days and the extent and frequency of
additional °as needed" services. Standards and frequencies may be modified
from time to time as deemed necessary by the City for the proper
maintenance of the listed facilities.
All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
Contractor will keep all gutters, curbs, and walks adjacent to contract areas
free of weeds, trash, and other debris.
Contractor will keep sidewalks free of algae where constant runoff occurs.
Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
Contractor will clean sidewalks, roadways, and any other areas littered or
soiled by his/her maintenance operations.
The Contractor shall maintain the premises clean of debris at all times. Upon
completion of any work project, the Contractor shall remove remaining excess
materials, waste, rubbish, debris, and his/her construction and installation
equipment from the premises. Any dirt or stains caused by the work shall be
removed. Existing City trash containers shall not be used by the Contractor
for his/her debris.
Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
Contractor must notify the City immediately of any unusual and hazardous
conditions at the work site.
Contractor must notify City within one (1) hour of malfunctioning facilities or
conditions that may break, malfunction, or interrupt the public's use of City
facilities.
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All insects, other like pests, and diseases 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
.Contractors Pest Control Advisor. All rodent activity shall be eradicated as
soon as possible. Particular attention to burrowing rodents is necessary to
protect the site.
All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
All broken glass and sharp objects shall be removed immediately.
All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all
times.
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.
All sand and wood chip areas abutting maintained areas shall be cleaned
daily when dirtied by Contractor's operations and at other times as required.
Trash cans provided by the City shall be emptied daily and washed after
emptying (when necessary) or as determined by the Inspector. Contractor
shall provide plastic liners for all trash cans at Contractor's expense.
All concrete "V" drains, to include the portion under the sidewalk, shall be
kept free of vegetation, debris, and algae to allow unrestricted water flow.
All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to the City.
All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned weekly or as needed
to insure consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and
Trees Maintenance Superintendent.
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3. Failure to property maintain drainage systems or to notify the Parks and
Trees Maintenance Superintendent of damaged systems will result in the
contractor assuming full responsibility for the repair of drainage damage to
the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an
operable condition in those locations where operable systems exist. This
includes but is not limited to controllers, backflow devices, moisture
sensors, manual and remote control valves, wiring, pipes, vaults, heads,
and anti -drain valves. The Contractor shall not be responsible for the
water meter assembly 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 rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of
Contractor's negligence shall be replaced at the Contractor's
expense.
f. Material substitutions must be approved by the Parks and Trees
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of
Newport Beach standard irrigation specifications.
h. Irrigation programming charts will be included in monthly reports in
January, April, July and October.
L Areas that require irrigation will have such accomplished no earlier
than 11:00 p.m. nor later than 6:00 a.m.
j. Contractor will maintain moisture sensors at all sites at which such a
unit is installed.
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k. Contractor will maintain master valve and flow sensors at each site
they are installed. Master valves will be tested weekly and repaired as
required.
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 at each site. However, the contractor shall be responsible for the
proper operation of the system at all times and shall perform obvious
repairs as they occur or are needed.
4. Contractor will not charge labor for any inrigation repairs, unless it is pre -
approved by the City for emergency repairs on overtime.
Water Conservation
Contractor shall appoint a staff member to act as the Water Manager.
Contract personnel performing water management duties shall have the
following abilities and must meet the following requirements.
Abilities
1. Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines
and monthly water allocations (Exhibit K).
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain all parks and landscape in a usable condition (no flooding due to
over - irrigation).
5. Troubleshoot and diagnose irrigation systems issues and take corrective
action.
Requirements
1. The Water Manager shall program all controllers weekly according to the
IRWD allocation.
2. The Water Manager shall read all IRWD meters on a weekly basis, and
provide this data to City Representatives if requested.
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2. The Water Manager shall notify the Contractor or City Representative of
all required repairs.
3. The Contractor shall meet the IRWD monthly water allocations for each
meter on all streetscape and park applications. The Contractor shall
maintain healthy plant material, and avoid monthly IRWD penalties.
Damages for Water Management
1. 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.
2. Deduction shall exclude all approved appeals such as mainline and
control valve failures. -
3. The City's Representative shall meet monthly with the Contractors
Representative and the Contractor's Water Manager to. review over -
allocation water billing to determine which water billing appeals are to be
approved and which are to be waived.
4. The Contractor shall copy City Representative on all such appeals,
include all meter readings and allocation calculations.
5. Over - allocations that do not qualify for appeal or have not been waived
will be deducted from the Contractor's monthly payment.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as
needed to maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -
third (1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing with a gas - powered walk -
behind edger.
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.
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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
(approved by City) shall be maintained in this area at all times.
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.
L Edging using a string line along the base paths as a guide to be
performed weekly at Bonita Canyon Sports Park and other baseball
infields as needed.
2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 112 to 1 1/4 inches.
b. Cool season turf including Bluegrass, Perennial Rye, Fescues - 1 1/2
to 3 inches.
c. Kikuya and St. Augustine turf - 1 1/4 to 1 3/4 inches.
d. A reel -type mower shall be used to mow all athletic fields, unless
otherwise directed by the City. Scheduling will not conflict with public
use /sport group activities and will occur on Wednesday or Thursday.
3. Vertical mowing of warm season grasses shall be done once per year in
September, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging
crown of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized four times per year using a homogenous, pellet or
granular slow - release material. City must approve the material used.
Apply at the following rates and time:
a. January: 16 -6 -8 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
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b. April 22 -3 -9 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
c. July: 21 -3 -5 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
d. October: 16 -6 -8 (or approved equal) fertilizer at one pound actual
nitrogen per 1,000 square feet.
e. 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. The Contractor shall perform a soil fertility analysis at individual parks
(up to 13) 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 Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and
Tree 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).
Aerate all athletic fields an additional two times in January and July.
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at
not more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
d. Topdress two times per year with approved topdress material at a
depth of one - quarter (1/4) inch (for sports fields only, immediately
following October and April aerations).
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e. Apply Gypsum at 25 pounds /1,000 square feet to select turf areas one
time per year as conditions dictate.
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 entire irrigation system at each site weekly, or
more often when conditions warrant, too ensure proper operation of
irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe
environment for turf 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. Use by the public will dictate schedules, and noise levels will
be kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free
condition.
a. Weeds shall be removed as they appear. A pre- emergent herbicide
shall be applied in all shrub and ground cover beds twice per year,
once in April and once in September.
b. Morning glory and grass infestations shall be treated immediately
when observed.
c. Groundcover areas shall be fertilized twice per year, once in April with
22 -3 -9 and once in September with 9 -9 -9 + Iron, at a rate of 2 pounds
actual fertilizer per 1,000 square feet. Substitutions may be
considered at the City's sole discretion.
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.
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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 as needed to ensure a layer of mulch
at least 2" of mulch at all times.
Shrub. Vine. and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance
by proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by
the Parks and Tree 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.
e. Areas shall be fertilized twice per year, once in April with 22 -3 -9 and
once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual
fertilizer per 1,000 square feet. Substitutions may be considered at the
City's sole discretion.
f. Application of an iron chelate fertilizer or balanced fertilizer shall be
made as needed throughout the year to maintain a healthy, vigorous
growth and foliage.
g. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
h. 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, fountain grasses and other similar
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plants shall be removed immediately after blooming or as directed by
City.
i. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
j. 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.
k. Trim plant material regularly adjacent to curbs, sidewalks, and
roadways to provide for proper, unobstructed circulation.
I. Bark mulch should be replaced as necessary to ensure 2" of mulch at
all times.
m. 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. The Contractor is responsibility for trimming all trees up to eight (8) feet in
height. Trees shall be trimmed as necessary to maintain adequate
pedestrian and vehicle traffic and to provide clearance from buildings,
signs and other similar features.
a. Remove all suckers from base of trees as they develop throughout the
year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid
girdling and damage.
d. Contractor shall 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.
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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" thick layer of bark mulch unless
ground cover is present. Weeds shall be removed, including their
roots, before they reach 3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be done
at the direction of the City and at the prescribed unit price. All such
pruning shall be made in accordance with current International Society of
Arboricultural techniques and practices that promote the natural character
of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the
intended work. Cuts shall be made sufficiently close to the parent limb,
without cutting into the branch collar or leaving a stub, so that closure can
readily start under normal conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks,
patios, shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree
Maintenance Superintendent.
2. Vacuums, blowers, sweepers or other approved means may be used to
clean hardscape areas. However, debris shall not under any
circumstance be blown or otherwise swept onto adjacent streets or
property. All debris must be picked up by the Contractor and
removed from the site. Any equipment that is used for cleaning
hardscape must be approved by the City.
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General Grounds Policing
1. The Contractor shall provide general grounds policing and inspection six
(6) days per week, except general grounds policing and inspection will be
seven (7) days per week from Memorial Day through Labor Day.
a. Remove all litter and other debris from site six (6) days per week and
seven (7) days per week from Memorial Day through Labor Day.
b. If refuse or litter is not removed during site visit, said litter or
debris will be considered an emergency and removed
immediately upon notification by the City. Failure of said removal
may result in deduction of payment for that date, week, or month.
c. Provide safety and facility inspection and immediately report arty
deficiencies to the Parks and Trees Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions of
all structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates, park benches, gazebos
3. Signage
4. Graffiti
d. All areas, benches, picnic tables, and associated park amenities shall
be inspected and cleaned six (6) days per week and seven (7) days
per week, Memorial Day through Labor Day. Contractor shall use a
welted rag to wipe these down as needed.
Sand/Wood Chip Areas
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 rototilling, 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).
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All additional sand or wood chips that are added shall be at the
contractor's expense.
d. All sand and wood chip areas shall be cleaned and raked level, six (6)
days per week and seven (7) days per week from Memorial Day
through Labor Day.
Specialty/Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball
courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt,
and concrete and decomposed granite walkways.
b. All areas shall be swept and refuse disposed of off site, six (6) days
per week and seven (7) days per week from Memorial Day through
Labor Day, if necessary, to remove all deposits of silt and /or sand and
glass and other debris.
c. On Monday and Thursday of each week, all areas shall be thoroughly
cleaned by sweeping or flushing with water.
d. All hard surface areas shall be inspected six (6) days per week and
seven (7) days from Memorial Day through Labor Day 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 (6) days per week and seven (7) days
per week from Memorial Day through Labor Day and maintained in a
neat, clean, and safe condition at all times.
h. All areas shall be raked to remove leaves and debris six (6) days per
week and seven (7) days per week from Memorial Day through Labor
Day.
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
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j. All leaves, paper and debris shall be removed from hardscape areas
and disposed of off -site.
Drinking Fountains
1. Inspect, clean, and adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Native and Drought Tolerant Park Maintenance — Back Bay View Park,
Castaways Park, Morning Canyon Park, Bonita Canyon Sports Park, and
Mesa Birch Park
These requirements are in addition to the above written Technical
Maintenance Specifications:
1. All native and drought tolerant plant material at these sites will be
maintained in their natural shape. All dead wood for natives will remain
on the plant or where it has fallen.
2. The areas shall be maintained weed -free. Only manual pulling or
mechanical cultivation of non - native weed species will be allowed.
3. The contractor's maintenance personnel will be trained to distinguish
weedy plant species from native or drought tolerant vegetation to ensure
that only weedy species are removed.
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 "mantilia" to prevent the seeds from
coming in contact with the ground and removed from the project site
during the same day's maintenance.
6. For Morning Canyon Park, leaf and branch drop and organic debris from
native species shall be left in place.
7. For California Meadow Sedge areas at Castaways Park follow Turf
Maintenance Specifications (pages 30 -33), unless otherwise directed
differently by City. Wash mower thoroughly prior to each mow at
Castaways Park. Apply two (2) inch layer of mulch to walkways at
Castaways Park and Back Bay View Park once per year. Hand pull all
weeds in California Meadow Sedge areas prior to each mow, no chemical
eradication will be permitted.
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8. Hand water trees without bubblers as needed at Castaways Park and
Morning Canyon Park. Monitor excessive summer irrigation to Oak trees
at Castaways Park, especially those situated in California Meadow Sedge
areas.
9. Inspect rabbit fencing at Back Bay View Park once per week.
10.At several times during the year, especially during the rainy season
(November — May), the contractor shall ensure there is sufficient staff to
accommodate manual removal of all weeds throughout the sites. If the
Contractor fails to increase staff to accommodate timely weed removal,
per specifications, the City may hire an outside Contractor to assist in
weed removal and deduct these fees from the Contractor's monthly
maintenance invoice.
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EXHIBIT B
Parks /Facilities Maintenance Locations
Parks
Address
Acreage
Arroyo Park
1411 Bayswater, Bison Ave. at Bayswater
8.0
Back Bay View Park
Jamboree Road @ East Coast Hwy
8.13
Balboa Island Park
115 Agate Ave
0.18
Ba side Drive
Bayside Dr. between Carnation and
Larkspur
4.4
Bayview
Mesa Dr. Q Bayview Ave.
3.0
Begonia
Be a onia Ave. at First Ave.
2.1
Bob Henry
16 Street Dover Drive
4.8
Bonita Canyon Sports Park
1990, 1880, 1641 Ford Road
38.0
Bonita Creek
University Dr. @ La Vida
10.0
Buffalo Hills
Newport Hills Dr. EastlWest @ Ford Rd.
15.0
Castaways Park
16 Street Dover Drive
18.83
Eastbluff
Vista Del Oro @ Vista Del Sol
13.9
Irvine Terrace
Seadrift Dr. @ Evita Dr.
6.8
Jasmine View
Harbor View Dr. Q Marguerite Ave.
1.0
Manning Tract
Newport Hills Dr. W. and Port Wheeler PI.
2.7
Upper Bay View Park
2081 Mesa Drive
0.71
Morning Canyon
Comer of Surrey Drive @ Rockford Road
1.0
Old School
Carnation Ave. @ 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. Crown Dr.
4.1
San Miguel
San Miguel Dr. Q Spyglass Hill Rd.
7.3
Spyglass Hill
I Spyglass Hill Rd @ El Ca itan Dr.
1.4
Spyglass Hill Reservoir
Muir Beach Circle
1.0
Sunset View
North of West Coast Hwy off of Superior
Ave
0.7
Total Acreage
153.85
m
• •
EXHIBIT B
(Continued)
Facilities
Address
Acreage
Central Library
1000 Avocado Ave.
3.3
Police Department
870 Santa Barbara Dr.
0.4
Fire Station #7 — Santa
Ana Heights
20401 Acacia St.
1.3
Fire Station #4 — Balboa
Island
124 Marine Ave.
.03
Fire Station #3 — Fashion
Island
868 Santa Barbara Dr.
0.1
Total Facilities Acreage
5.13
Grand Total 158.98 acres
51
• •
EXHIBIT C
Parks /Facilities Turfgrass Maintenance Locations
Parks
Address
Acrea e
Bolsa
Bolsa Ave. Q Old Newport Blvd.
0.1
Channel Place
Channel Place Q 44n St.
1
Cliff Drive
Cliff Dr. @ Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
Iris Ave. 5 Ave.
2.5
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
'1" St. Piazza del Sur
0.5
Las Arenas
Balboa Blvd. @ 16,n St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. @ Irvine Ave.
5
Newport Island
Marcus Q 38 St.
0.1
Newport Shores
61s St. @ Coast Blvd.
0.1
Oasis Passive
Marg uerite Ave. @ 5 fn Ave.
3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Fernleaf Ave. to Poppy
Ave.
1
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
Veteran's Memorial
15 St. Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport 1
Seashore Dr. between 57 St. & Santa Ana
River Jetty
4
38 Street
Balboa Blvd. @ 38 St.
0.3
Total Acreage
27.9
Q
0 0
EXHIBIT C
(Continued)
-Facility
Address
Acreage
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
1
Fire Stations:
3300 Newport Blvd.@ 32nd St.
1
1
Balboa Blvd. @ Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
5
Mari old Ave. between Coast Hwy/2nd Ave.
0.1
6
Irvine Ave. @ Dover Dr.
0.1
Libraries:
A St. and Balboa Blvd.
0.1
Balboa
Balboa Blvd. @ Island Ave.
0.2
Corona del Mar
Marigold Ave. between Coast Hwy/2nd Ave.
0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
1
City Hall
3300 Newport Blvd.@ 32nd St.
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd. McFadden Pl.
0.2
Oasis Senior Citizens
Ctr.
800 Marguerite Ave. @ 5th Ave.
1
W. Nwpt Community
Ctr.
883 W. 15th St. off Placentia Ave.
0.1
"An Street Pump Station
A St. and Balboa Blvd.
0.1
Total Acreage
12.1
Grand Total 40.0
47
• •
EXHIBIT D
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times /year
Vertical Mow
Once /year
Aerate
Twice /year, Four times for Sports Fields
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Gypsum Application
Once/ ear, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice /year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre-emergent Application
Twice! ear
Shrub, Vine, and Tree Maintenance
Trim
Four times /year
Fertilize
Twice /year (oncelyear for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Hardscape Maintenance
Six days/ week, Seven days/ week
Memorial Day thru Labor Da
Grounds Policing /Litter Removal,
Including Specialty /Sports Areas
Six days/ week, Seven days/ week
and Park Amenities
Memorial Day thru Labor Da
Site Inspection
Six days/ week, Seven days/ week
Memorial Day thru Labor Da
U-1
0 0
EXHIBIT D
(Continued)
FUNCTION
IFREQUENCY
Sand/wood chip areas
Cleaned and raked
Six days/week, Seven days/ week
Memorial Day thru Labor Day
Rototilled
Four times/ ear
Drinking Fountains
Six days /week, Seven days/ week
Memorial Day thru Labor Da
Native Area Maintenance
W..eed Control
As needed
Tree Handwatering
Weekly
EEG
0 0
EXHIBIT E
PARKS AND FACILITY AREAS
Sites Requiring Mandatory Mowing Schedules
Before 7:00 a.m.
Before 9:00 a.m.
Before 10:00 a.m.
After 1.30 p.m.
City Hall
38th St. Park
Las Arenas Park
Lincoln Athletic
Ctr.
Newport Pier Plaza
Peninsula Park
Buffalo Hills Park
Sports Fields
after 1:00 .m.
Oasis Senior Citizens Ctr.
Wed
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
San Miguel Park
Begonia Park
K1]
•
E
EXHIBIT F
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach
before installation. Any item not mentioned in the Standard Materials list must be
approved by Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
HEADS
• Toro 570Z -COM 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 570Z -COM Pop Up / Shrub Adapter (small slope & groundcover
areas)
• Toro 300 Stream Rotor (medium slope & groundcover areas)
• Toro XP 300 Stream Rotor (large slopes & groundcover areas)
• Toro 500 Flood Bubbler (tree wells)
Head model to be selected by the City of Newport Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
CONTROLLER
■ Rain Master Evolution DX2 irrigation controller, contact John Torosian at
Rain Master
805 - 527 -4498
• Rain Master RME Sentar (contact City before using)
DRIP AND SPECIALIZED LOW- VOLUME IRRIGATION
■ Rain Bird Xerigation
BATTERY POWERED IRRIGATION
• Rain Bird TBOS Battery Operated Controller
• Rain Bird GB Series Remote Control Valve
• Rain Bird Potted Latching Solenoid
51
0
EXHIBIT F
(Continued)
MISCELLANEOUS
■ Febco 825Y RP
0
• Spears # DS -100 Dri- Splice Connectors with crimp sleeves
• Spears # DS -300 Dri - Splice Sealant
• Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
• Griswold DW Series Valve (Control Valve)
• Griswold 2160 Solenoid Valve (Normally Open Master Valve)
• Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
• Matco 754 Series Full Port Ball Valve
• Schedule 40 PVC Lateral Pipes
Class 315 Main Supply Pipe (2" and larger)
■ Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller)
■ Rectangle Valve Box - Plastio -18 "L x 12"W x 12 "D
• Round Valve Box- Plastio -10"
• Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
■ Rain Master EVFM Flow Sensor
■ Rockwell Metal Repair Clamp for all Main Line repairs
■ PVC Slip Fix for Lateral line repairs only
TURF FERTILIZERS, ETC.,
A. All commercial fertilizers must be homogenous.
B. All organic fertilizers must have lowest salinity rate possible.
C. No steer or chicken manure is allowed.
D. All fertilizers, planting medium, humus material, etc. must be City approved.
PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod,
trees, shrubs, annuals and perennials, flowers, and ground covers must be
approved by the Parks and Trees Maintenance Superintendent before
planting.
PESTICIDES
All pesticides proposed to be used must be submitted .to City with application
location and written recommendation from the Contractor's Pest Control
Advisor prior to use. All materials must be properly labeled and certified for
intended use. Proper and legal disposal of any and all pesticides used is
solely the responsibility of the Contractor. All state, county, and city laws
regarding pesticide use and disposal must be followed.
52
0 0
EXHIBIT G
REQUIRED REPORTS
1. Annual Maintenance Schedule which includes: Organization chart, mow and
trash schedules, once per year submittal.
2. Weekly Maintenance Schedule, including approved extra work.
3. Weekly Performance Report, including approved extra work completed.
4. Monthly Chemical Use Report (As sent to County Agriculture Commission),
daily as needed for certain applications.
5. Monthly Fertilizer Use Report.
6. Proposed Pesticide List with EPA numbers, Pesticide Recommendations,
Labels and Material Safety Data Sheets.
7. Weekly irrigation inspection check list (to include controller and site inspection
for all sites and a list of any repairs required).
8. Irrigation controller programming charts, submitted quarterly (January, April,
July, October).
9. 131-weekly maintenance inspection list for all sites.
10. Annual pesticide safety training records.
11. Required tailgate safety meeting records, include with Monthly Maintenance
Report.
12. Monthly maintenance report which includes Monthly Greenwaste Report.
13. Weekly Master Valve /Flow Sensor inspection checklist.
14. Monthly pest and disease inspection for all sites conducted by a qualified
applicator certificate or license holder.
1610
0 0
EXHIBIT H
UNIT PRICES
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.
2. 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.
3. 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.
4. All work shall be performed in accordance with specifications described in the
RFP.
ME
TURF
0
FUNCTION COSTIUNIT OF MEASURE
Turf Mow -Real Blade
$5.0 0/ 1000 Sq. Ft.
Turf Mow -Rotary Blade
5.00/ 1000 Sq. Ft.
Turf Edge
$1.50 / 1000 Linear Ft.
Turf Aerify
5.00/ 1000 Sq. Ft.
Turf Fertilize
4.00/ 1000 Sq. Ft.
Turf Dethatch/Renovate
$260.0 0/ Acre
Turf Topdress only
7.00/ 1000 Sq. Ft.
Turf Gypsum Application at 25lbs
3.00/ 1000 Sq. Ft.
HARDSCAPE
Cleaning $5.00 / 1000 Sq. Ft.
Powerwashing $10.00 / 1000 Sq. Ft.
GROUNDCOVERS
Fertilize $4.00 / 1000 Sq. Ft.
PEST CONTROL
Tree disease /insect foliar spray
$85.0 01 Tree
(using Talstar or Equal)
Tree disease /insect root injections
$85.00 / Tree
(using Merit or Equal)
Pre- Emergent/turf or planter
$50.00 / 1000 Sq. Ft.
(using Snapshot or Equal)
General Weed Control Post Emergent
$25.00 11000 Sq. Ft.
(using Roundup or Equal)
SHRUB PRUNING /REMOVALS
Pruning $10.00 / 10' Linearfeet
Removals $85.00 / 10' Linear feet
FULL TREE PRUNING /REMOVALS
Pruning $195.00 / Tree
Removals $995.00 / Tree
55
PLANTING (All shrubs and trees will be planted with approved soil
amendment)
1 Gal. Shrub
10.00/ Each
5 Gal. Shrub
25.001 Each
15 Gal. Shrub
85.00/ Each
15 Gal. Tree (with root barriers,
$105.00 ! Each
tree stakes and ties)
$65.0 0/ Hour
24" Box Tree (with root barriers,
$325.0 0/ Each
tree stakes and ties)
$65.00 1 Hour
36" Box Tree (with root barriers,
$895.00 1 Each
tree stakes and ties)
64 Count Flat Groundcover
30.001 Flat
16 Count 4" Flat Annual Color
35.00/ Flat
Turf - Seed and Top Dress
120.00/ 1000 Sq. Ft.
Turf'- Sod
$1,200.0 0/ 1000 Sq. Ft.
Hand spread and rake in City supplied
seed (in California Native areas)
$12.00 / 1000 Sq. Ft.
A_1 -X.7
Landscape Maint. Supervisor
$25.00 / Hour
Pest Control Applicator
$45.0 0/ Hour
Irrigation Specialist
$25.00 / Hour
Landscape Maint. Leadworker
$25.0 0/ Hour
Equipment Operator
$65.0 0/ Hour
Landscape Maint. Laborer
$20.0 01 Hour
Tree Trimmer
$65.00 1 Hour
EQUIPMENT
1 Ton -Truck $360.00 1 Day
MULCHING
0 -2" Mulch at 2" layer $45.00 / 1000 Sq. Ft.
GREENWASTE
Disposal $70.00 / Ton
56
E
Park and Facility Maintenance
Park and Facility Turgrass Maintenance
0
$2,500.00 AcreNear
$4,500.00 AcreNear
Park and Facility Native Park Maintenance $2,500.00 / Acre/Year
57
i 0
EXHIBIT I
BID UNIT COSTS
Parks /Facilities Maintenance Locations
Parks
Address
Yearly Cost
Arroyo Park
1411 Bayswater; Bison Ave at Bayswater
$ 41,216.00
Back Bay View Park
Jamboree Rd East Coast H
$ 34,863.00
Balboa Island Park
115 Agate Avenue
$ 2,083.00
Bayside Drive
Bayside Dr. between Carnation and
Larkspur
$ 17,327.00
Bayview
Mesa Dr. gp Bayview Avenue
$ 12,496.00
Begonia
B egonia Ave. at First Ave.
$ 8,746.00
Bob Henry
16 fn Street @ Dover Drive
$ 17,993.00
Bonita Canyon Sports Park
1990, 1880, 1641 Ford Rd
$164,928.00
Bonita Creek
University Dr. a La Vida
$ 52,629.00
Buffalo Hills
Newport Hills Dr. East/West Ford Rd.
$ 62,480.00
Castaways Park
16m St. Q Dover Drive
$ 54,000.00
Eastbluff
Vista del Oro @ Vista del Sol
$ 58,897.00
Irvine Terrace
Seadrift Dr. Evita Dr.
$ 28,323.00
Jasmine View
Harbor View Dr. @ Marguerite Ave.
$ 4,165.00
Manning Tract
Newport Hills Dr. W. and Port Wheeler PI.
$ 12,246.00
Upper Bay View Park
2081 Mesa Drive
$ 1,670.00
Morning Canyon
Comer of Surrey Dr. @ Rockford Rd.
$ 4,165.00
Old School
Carnation Ave @ 4 Ave.
$ 4,331.00
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
$ 17,077.00
San Miguel
San Miguel Dr. 0 Spyglass Hill Rd.
$ 41,382.00
Spyglass Hill
Spyglass Hill Rd. @ El Ca itan Dr.
$ 5,831.00
Spyglass Hill Reservoir
Muir Beach Circle
$ 4,165.00
Sunset View
North of West Coast Hwy off of Superior
Ave
$ 2,915.00
Facilities
Address
Yearly Cost
Central Library
1000 Avocado Ave.
$ 13,745.00
Police Department
870 Santa Barbara Dr.
$ 1,666.00
Fire Station #7 — Santa Ana
Heights
20401 Acacia St.
$ 12,000.00
Fire Station #4 — Balboa
Island
124 Marine Ave.
$ 500.00
Fire Station #3 — Fashion
Island
868 Santa Barbara Dr.
$ 416.00
0
0 0
EXHIBIT J
BID UNIT COSTS
Parks /Facilities Turfgrass Maintenance Locations
Parks
Address
Yearl Cost
Bolsa
Bolsa Ave. Q Old Newport Blvd
$ 416.00
Channel Place
Channel Place @ 44 St.
2
$ 4,165.00
Cliff Drive
Cliff Dr. @ Riverside Dr.
Marigold Ave. between Coast Hwy/2n" Ave.
$ 6,248.00
Ensign View
2501 Cliff Dr. @ El Modena Ave.
$ 416.00
$ 2,083.00
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
Balboa
$ 4,165.00
Grant Howald
Iris Ave. @ 5 Ave.
Mari old Ave. between Coast H /2 Ave.
$10,413.00
Harbor View Nature
San Miguel Dr. Pacific View Dr.
$ 4,165.00
Kings Road
Kings Road west of St. Andrews Road
$ 416.00
"L" Street
"L" St. Piazza del Sur
$ 2,083.00
Las Arenas
Balboa Blvd. @ 16m St.
$ 832.00
Lido
Via Lido entrance to Lido Island
$ 2,083.00
Mariners
Dover Dr. @ Irvine Ave.
$20,000.00
Newport Island
Marcus 39 St.
$ 416.00
Newport Shores
61S St. Coast Blvd.
$ 416.00
Oasis Passive
Marguerite Ave. @ 5m Ave.
$13,162.00
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
$ 4,165.00
Peninsula
Main St. @ East Ocean Front, Balboa
$ 14,579.00
Veteran's Memorial
15 St. @ Bay Ave.
$ 1,640.00
Westcliff
Polaris Dr. @ Westwind Way
$ 4,165.00
West Jetty View
Ocean Blvd. Channel Rd., Balboa
$ 832.00
West Newport
Seashore Dr. btwn 57 St. & Santa Ana River
Jetty
$16,662.00
38,n Street
Balboa Blvd. @ 38n St.
$ 1,249.00
Facility
Address
Yearl Cost
Fire Stations:
1
Balboa Blvd. @ Island Ave.
$ 416.00
2
32" St. Villa Way
$ 416.00
5
Marigold Ave. between Coast Hwy/2n" Ave.
$ 416.00
6
Irvine Ave. @ Dover Dr.
$ 416.00
Libraries:
Balboa
Balboa Blvd. a Island Ave.
$ 832.00
Corona del Mar
Mari old Ave. between Coast H /2 Ave.
$ 416.00
W%
CI
e
Miscellaneous:
"A" Street Pump
Station
A St. and Balboa Blvd.
$ 500.00
CdM State Beach
Ocean Blvd. Jasmine Ave.
$ 4,165.00
City Hall
3300 Newport Blvd. 32 no St.
$ 4,165.00
Lincoln Athletic
Center
3101 Pacific View Dr.
$38,235.00
Newport Pier Plaza
Balboa Blvd. Q McFadden PI.
$ 832.00
Oasis Senior Citizens
Center
800 Marguerite Ave. @ 5 Ave.
$ 4,165.00
W. Nwpt Community
Ctr.
883 W. 15 St. off Placentia Ave.
$ 416.00
.E
Cfy of Newport Beach NO. BA- 09BA -004
BUDGET AMENDMENT
2008 -09 AMOUNT: $1as,aa3.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from General Fund unappropriated fund balance to enter into an agreement
with TruGreen Landcare for landscape maintenance services in City parks and facilities at an increased cost over
_
the existing contract. T
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund -.Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Signed:
Signed:
Signed:
Description
3170 General Services - Parks
8088 Services - Contract
Approval:
City Manager
City Council Approval: City Clerk
Director
Amount
Debit Credit
$145,443.00
Automatic
$145,443.00
�-ss -dam
Date
Da
Date
0
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
July 8, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 - 644 -3055
mharmon@city.newport-beach.ca.us
SUBJECT, Selection of a Vendor for Contract Negotiations for
Landscape Maintenance of City Parks and Facilities
ISSUES:
Should the City Council select a vendor and direct staff to negotiate a new
agreement to provide landscape maintenance of city parks and facilities?
RECOMMENDATION:
Direct staff to negotiate an agreement with TruGreen Landcare., of Orange to
provide landscape maintenance of City parks and facilities, and return to the July
22 "d City Council meeting with an agreement for consideration.
DISCUSSION:
Existing Landscape Contracts: In August 2006, the City Council approved a
contract with TruGreen Landcare for the maintenance of 40 acres of turfgrass and
over 97 acres of parks and facilities throughout the City at an annual cost of
$528,997. Among the larger areas maintained under this contract are Buffalo Hills,
Eastbluff, and Back Bay View Parks; and City facilities such as the Police
Department, Central Library, and Fire Stations. Additionally the contract includes
turfgrass mowing and maintenance for all other City parks and facilities, except
those in the Newport Coast area.
TruGreen commenced work under this landscape maintenance contract on August
30, 2006. The term of the agreement was for two years, and it is renewable for up to
three additional years. Earlier this year, TruGreen elected not to renew the contract
i •
Selection of a Vendor for Contract Negotiations for
Landscape Maintenance of City Parks and Facilities
July 8, 2008
Page 2
at the current price due to the increase in external costs such as personnel, fuel,
supplies, and equipment.
TruGreen Landcare has also been responsible for landscape maintenance at Bonita
Canyon Sports Park (BCSP) since June 1, 2003. The term of the agreement was for
one year, and it was renewable for up to four additional years, at an annual cost of
$164,338, with an expiration date of June 1, 2008. In March, Council approved an
extension of the contract for a period of three months in order to coordinate the
termination of the two landscape maintenance contracts, so BCSP could be included
with the Parks and Facilities agreement.
The combined current annual cost for the landscape maintenance of City parks and
facilities and the Bonita Canyon Sports Park contracts is $693,335.
The landscape maintenance of medians, roadside areas, and areas of Newport
Coast are not included, since those areas are maintained under different contracts
which were awarded in the past 9 months.
Reauest for Proposal Process: On May 20th, staff mailed Requests for Proposal
to 18 landscape maintenance companies, with a due date of June 50.
This request for proposals combined the landscape maintenance activities of two
separate contracts into one contract. This change was made in order to have better
coordination of all of the landscape maintenance activities of city parks and facilities
and to achieve a better economy of scale for maintenance of the BCSP facility.
On May 291h, a mandatory pre -bid meeting was held at the Corporation Yard, and the
meeting was attended by 12 vendors. Following the meeting, the vendors toured the
City to view the maintenance areas.
The successful vendor is expected to by in place August 30th, upon the expiration of
the current agreements.
RFP Results: Staff received seven proposals by the 11:00 a.m. deadline on June
55 The-respondents and annual contract costs were as follows:
Selection of a Vendor for Contract Negotiations for
Landscape Maintenance of City Parks and Facilities
July 8, 2008
Page 3
Evaluation of Contractor: In addition to the current landscape maintenance of City
parks and facilities and the Bonita Canyon Sports Park contracts with the City,
TruGreen Landcare currently has municipal contracts with the Cities of Santa
Monica, Norwalk, Beverly Hills, West Hollywood, and Manhattan Beach. Staff
contacted representatives from each of these cities, and the comments were
favorable.
Department Recommendation: Staff is recommending approval to negotiate with
TruGreen Landcare based on the cost and quality of work performed in the City and
in other cities. With Council approval, staff will return with an agreement for approval
at the July 22 °d meeting. In negotiations, we will attempt to further define fixed
pricing for extra work and out of contract services. It is staffs intention to seek a
contract term of two years, with up to three one -year renewals.
FUNDING:
Due to the rising costs of personnel, fuel, insurance, supplies and materials, the
overall maintenance cost has increased (approximately 22 %). However, it should be
noted that this increase is lower than the substantial increases in the Newport Coast
landscape maintenance (27% higher) and the median and roadside area (57%
higher) agreements which were approved late last year.
The cost included in TruGreen's proposal will be $13,223 more per month than the
combined costs of the current agreements for parks, facilities, and BCSP
maintenance. Consequently, staff will rNuest a budget amendment concurrent with
approval of an agreement at the July 22 meeting to fund the difference through the
remainder of the Fiscal Year 2008 -09.
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
Prepared by:
Maur a Tur r
Administrative Analyst
Submitted
Mark Hafmon / '
General Services Director
Attachment: Request for Proposal — Landscape Maintenance of City Parks and
Facilities
•
0
CITY OF NEWPORT BEACH
Request for Proposal
Landscape Maintenance
Of
City Parks and Facilities
0
i
CITY OF NEWPORT BEACH
Request for Proposal
I. INTRODUCTION
II.
The City of Newport Beach currently maintains all of its medians, roadsides, and the
majority of City parks and facilities through contracts with private landscape maintenance
companies. ,
The City of Newport Beach is now seeking proposals from qualified contractors to
provide professional contract landscape maintenance for all parks and facilities located in
the City, excluding Newport Coast. The City may also acquire or assume control over
additional property in the future, and in such case, will need to add more landscape
maintenance areas to this contract using the agreed -upon rates for service.
The City of Newport Beach currently maintains 40 acres of turfgrass and 159 acres of
parks and facilities by contract. The intent of this proposal is to provide, professional
contract maintenance for these areas.
The objectives of this RFP is to obtain suitable proposals from qualified contractors,
review all proposals in a comprehensive manner, and select a qualified company for a
landscape maintenance contract.
M.SELECTION PROCESS
The City of Newport Beach is interested in receiving proposals for landscape
maintenance from selected; qualified landscape maintenance companies. After a careful
review of each submitted proposal, the City will conduct an evaluation leading to the
selection of a contractor and the award of a contract. The resultant contract is intended as
a two (2) year contract, with the possibility of up to three (3) one (1) year extensions,
renewable on an annual basis at the City's sole discretion based on the contractor's
performance. The contract will be re-bid no less than every five years. New landscape
areas, as developed or assumed by the City for landscape maintenance, may be added to
the contract (sample contract included).
Copies of this request for proposal may be obtained in person at the Administration office
of the General Services Department located at 592 Superior Avenue, Newport Beach.
Please do not mail any correspondence to the Superior Avenue address as it is not a valid
mailing address.
IV. SCHEDULE of EVENTS from ISSUANCE of the RFP to AWARD of CONTRACT
RFP Mailing Date
Mandatory Pre -Bid Meeting
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May 20, 2008
8:30 am., Thursday, May 29, 2008
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Proposal due to the City
Award of Contract
Contractor In Place
V. CTTY POM OF CONTACT
•
11:00 am., Thursday, June 5, 2008
July 8 / July 22, 2008
August 30, 2008
The sole source of contact regarding this RFP is Dan Sereno, Parks and Trees
Maintenance Superintendent, (949) 644-3069. Individuals or firms interested in
submitting a proposal are asked not to contact other members of the City of Newport
Beach staff in connection with the RFP prior to the.. announcement of the selected
contractor.
Proposals and all written inquiries related to this RFP are to be submitted in a sealed
envelope to the General Services Administration office, located in Bldg. A at 592
Superior Blvd., no later than 11:00 am. on June 5, 2008 with the following notation:
CONFIDENTIAL (PROPOSAL FOR LANDSCAPE MAINTENANCE OF CITY
PARKS AND FACILITIES)
V1. C1TY OF NEWPORT BEACH BUSINESS LICENSE
The contractor must obtain and maintain in effect a valid City of Newport Beach
Business License prior to commencement of work and during the entire time that work is
being performed under the contract Questions regarding business licenses should be
addressed to the Revenue Division at (949) 644 -3141.
VII. PROFESSIONAL LICENSES. PERMITS, ETC.
Contractor represents and warrants to the City that he/she has, and will keep in effect at
all times during the term of a contract with the City, all licenses, permits, professional
qualifications, and approvals of whatever nature that are legally required to practice
his/her trade. Confirmation of this condition must be contained in the proposal.
Additionally, the contractor's personnel responsible for irrigation repairs shall be a
Certified Landscape Technician -I (irrigation), as provided through the California
Landscape Contractors Association or shall acquire certification within one hundred
twenty (120) days of the start of this contract.
VIII. PREVAILING WAGE REQUIREMENT
This contract 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
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A copy of said determination is available by calling the prevailing wage hotline number
(415) 7034774, and requesting one from the Department of Industrial Relations. All
parties to the contract shall be governed by all provisions of the California Labor Code
Relating to prevailing wage rates (Sections 1770 -7981 inclusive).
IX. PROPOSAL CLOSING DATE
Contractor must submit one (1) original and two (2) complete copies of the proposal
(copies must be marked "COPY") no later than 11:00 AM on . June 5, 2008. All
proposals must be delivered to the General Services Administration office in Bldg. A, at
592 Superior Avenue, Newport Beach, California 92658 or mail to: City of Newport
Beach, Attn: Maurice Turner, 3300 Newport Boulevard, Newport Beach, CA 92658.
Proposals will become a part of the official files of the City of Newport Beach and will
not be returned
X. INSTRUCTIONS AND CONDITIONS See pages 5 -17.
M. DESCRIPTION OF PROJECT AND INTENT (Scone of Work) See pages 18 -25.
XH. DELIVERABLES
The Contractor is responsible for the following deliverables in keeping with the schedule
described in subsection below:
a. Proposal in the format and content explained on pages 13 -17.
b. Attachments F, G, H, and I containing unit prices and total landscape
maintenance costs. See pages 50 -55.
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CITY OF NEWPORT BEACH
Request for Proposal
Instructions and Conditions
The following instructions and conditions apply to this RFP:
I. GENERAL CONDITIONS
A. Pre - Contractual Expenses
Pre - contractual expenses are defined as expenses incurred by Contractor in:
1. Preparing a proposal in response to this RFP.
2. Submitting that proposal to the City of Newport Beach.
3.. Negotiating with the City of Newport Beach in any matter related to this
RFP, proposal, and/or contractual agreement.
4. Any other expenses incurred by the Contractor prior to the date of an
executed contract.
The City of Newport Beach shall not, in any event, be liable for any pre- contractual
expenses incurred by any Contractor. In addition, no proposal shall include any such
expenses as part of the price proposed to perform the contract landscape maintenance of
the parks and facilities.
B. Authority to Withdraw RFP and/or Not Award Contract
The City of Newport Beach reserves the right to withdraw this RFP at any time without
prior notice. Further, the City makes no representations that any agreement will be
awarded to any Contractor responding to the RFP. The City expressly reserves the right
to postpone the opening of proposals for its own convenience and to reject any and all
proposals in response to this RFP without indicating any reasons for such rejection(s).
The City also reserves the right to negotiate with the successful bidder concerning various
alternatives.
C. Pricing Approach
The City of Newport Beach intends to award a contract based on a fixed annual contract
price for the two -year term of this contract, renewable annually for three (3) one (1) year
terms based on performance at the City's sole discretion. The primary purpose of the
Unit Prices (Attachment F) proposal is to provide for additional contracted work during
the course of the contract and to establish clear payment deductions for contract dudes
not rendered or not satisfactorily performed.
M
Upon the second anniversary of the Commencement Date of the Contract and upon each
anniversary of the Commencement Date thereafter, the Contract Amount shall be
adjusted in proportion to the 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 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 including 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
D. Right to.Reject Proposals
The City of Newport Beach reserves the right to reject any or all proposals submitted.
Any award made for this engagement will be made to the Contractor which, in the
opinion of the City, is best qualified to execute the contract. The City also reserves the
right to select and substitute unit prices for total costs.
E. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of the response to all provisions of this RFP.
The City of Newport Beach may use some or all of the following criteria in its evaluation
and comparison of proposals submitted. The criteria listed are not necessarily an all -
inclusive list. The order in which they appear is not intended to indicate their relative
importance:
1. The Contractor's demonstrated awareness of safety in all operations.
2. The Contractor's responsiveness to the requirements of the contract as set
forth in the RFP.
3. A demonstrated understanding of the offeror's work plan and other proposal
documents.
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4. A logical, proven methodology for carrying out the work tasks described in the
proposal and developing contract deliverables.
5. The offerer's "recent experience in conducting contracts of similar scope,
complexity, and magnitude, particularly for government agencies.
6. the quality and quantity of personnel to be assigned to the contract, including
educational . background, work experience, and directly related recent
landscape maintenance experience.
7. The quality and quantity of equipment to be assigned to the contract.
S. A listing of the organizational structure of the proposed contract team.
9. The financial stability of the Contractor.
10. Recent references from local clients with particular emphasis on local
government.
11. The proposed.contract schedule.
12. The proposed contract costs.
F.' Compliance with Applicable Laws
The Contractor shall have in his/her possession and be familiar with all safety regulations
issued by the State Division of Industrial Safety and shall comply with these and all other
applicable laws, ordinances, and regulations governing Affirmative Action programs.
The Contractor shall provide all safeguards and protective devices and take any other
action necessary to protect the health and safety of their employees on the job, safety of
City employees and the public in connection with the performance of the work required
by this contract.
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 government agency having jurisdiction in effect at the time service is rendered.
G. Suspension, and/or Cancellation of Contract
1. The contract may be terminated by the City at any time during the term and
without prejudice to any other remedy to which the City may be entitled at
law, in equity of under the contract, if Contractor should:
a. Be judged bankrupt, become insolvent or have a receiver of his/her assets
or property appointed because of insolvency, make a general assignment of
the benefit of creditors, suffer any judgment against him/her to remain
unsatisfied or un- bonded of record for thirty (30) days or longer, or
institute or cause to be instituted any procedures for reorganization.
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b. Abandon the work to. be done under the contract, unnecessarily or
unreasonably delay performance under the contract, violate any of the
provisions of the contract, not follow the instructions of the City,, and fail
to cure such default by rendering satisfactory performance upon written
notice from the City within the time specified in such notice. Upon failure
to perform within such time period, the City shall have the right without
further notice to terminate the contract Determination of whether the
Contractor has defaulted on the contract under the provisions of this
subsection shall be made by the General Services Director or his
representatives and his decision shall be binding on the Contractor. In the
event of a termination under the provisions of this subsection, monies dde
the Contractor or retained under the provisions of the contract shall be
forfeited to the City in an amount not to exceed the sum necessary to
correct deficiencies in the park maintenance. Such forfeiture will not
release the Contractor or his sureties from liability for failure to fulfill the
contract
2. If the Contractor fails to meet the specifications of this contract for a period of
fifteen (15) cumulative days, the City may, at its option, terminate the balance
of this contract by written notice of termination to the Contractor. Notice of
such termination shall take effect fourteen (14) days after such notice is
mailed.
3. Written notice, as required to be given by the provisions of the section, shall
be deemed complete one (1) day after deposit in the United States Mail in the
County of Orange, postage pre -paid.
4. When notice is directed to the Contractor, it shall be at his/her address as filed
with the City.
H. Familiarity with Work
By executing this Agreement, Contractor warrants that Contractor (a) has
thoroughly investigated and considered the scope of services to be performed, (b)
has carefully considered how the services should be performed, and (c) fully
understands the facilities, difficulties and restrictions attending performance of the
services under this Agreement. Contractor warrants that Contractor has
investigated the site 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.
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
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hidden, at the commencement of, or at any time during the term of this
Agreement.
I. . Assignment of Contract
The Contractor shall not assign the Contract required to be executed by the City
without the prior written consent of the City.
J. Quality of Work and Material
All material and equipment fiunished by the Contractor shall be new, high grade,
and free from defects and imperfections, unless otherwise hereinafter specified.
Workmansbip shall be in accord with the best standard practices. Both materials
and workmanship shall be subject to the approval of the Parks and Trees
Maintenance Superintendent. All materials used shall be approved in advance by
the.Parks and Trees Maintenance Superintendent
1. The actual cost of all materials passed on to the City shall be wholesale cost of
the material.
a. The wholesale cost shall be the actual cost paid by the Contractor
reflecting the best price, including discounts available. Receipts shall be
required for reimbursements.
b. At no time shall the cost of materials exceed retail cost from the current
price list, minus the discount rates.
c. Typical costs of the irrigation parts, plant material, etc. to be submitted to
the City prior to approval.
2. The City reserves the right to purchase materials directly and make them
available to the_ Contractor. in the event the City exercises the option to
purchase the materials, the following conditions will apply:
a. Contractor shall conform to all City practices and procedures.
b. All City purchases will be for the sole expressed use of and for the City
c. The Contractor shall secure, store, inventory, distribute and control all
materials entrusted to the Contractor's representatives. All materials and
inventories shall be made available to the City upon request.
d. The Contractor will reduce the unit cost for each maintenance task by the
City's actual cost for the materials provided and used.
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K. Workmanship and Supervision
•
1. 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:
# Positions
Work Performed
Required Vehicle
Location
(1) Supervisor
(I) Leadworker
(1) Crew cab buck
(2) Irrigation Technicians
include Irrigation
(2) Fully stocked trucks with
All Contract
Maintenance
irrigation controller remotes
Sites Except
for Raimnaster
Bonita Canyon
Sports Park
(1) Irrigation Techician
Include Irrigation
(1) Fully stocked truck with
Bonita Canyon'
Maintenance
irrigation controller remotes
Sports Park
for Rainmaarnr
(1) Mow Crew Driver
Mowing / Turf
(1) Crew cab.tmck
All Contract
Maintenance
Sites
(4) Mow Crew Laborers
(2) Detailed Maintenance
Detailed Maintenance
(1) Truck or
Bonita Canyon
Laborers
utility vehicle
Sports Park
(2) Detailed Maintenance
Detailed Maintenance
(1) Truck or
Back Bay View
Laborers
utility vehicle
Park/ Castaways
Park/ Morning
Canyon/ Mesa
Birch Park
(3) Detailed Maintenance
Detailed Maintenance
All Other
Contract Sites
(I) Laborer
General Litter control,
(i) 1 -Ton s[akebed track
All Contract
refuse removal, and
Sites
ands licin
The City reserves the right to increase minimum staffing based upon
additional acres being added to this contract.
2. Work shall be performed by competent and experienced workers. All
irrigation maintenance and repairs shall be performed by a California
Landscape Contractors. Association, Certified Landscape Technician -I
(Irrigation).
3. The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications.
Supervisors and lead workers must communicate effectively, both in
written and oral English, and shall be present at all times during contract
10
operations. Any order given to these supervisors or lead workers shall be
deemed as delivered to the Contractor.
4. All pesticide operations, where required, shall be performed by a California
State. Licensed pest control operator with a Qualified Applications Certificate
or . Qualified Applications License through written recommendation by a
California State Licensed Pest Control Advisor. The Contractor shall be
responsible for compliance with all local, state, and federal laws and
regulations regarding pesticide usage.
5. All personnel working at the outlined areas shall be neat in appearance and in
uniforms as approved by the Parks and Tree Maintenance Superintendent. All
personnel shall wear identification badges or patches, and employees working
adjacent to traffic lanes must wear safety vests.
6. 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.
L. Equipment
All vehicles and equipment used in conjunction with the work shall be maintained
in a neat, clean, and orderly manner and shall be in good working order. The
General Services Director, or his authorized agent, may reject any vehicle or piece
of equipment and order it removed from the job site. Contractor vehicles used
within this contract shall, at all times, bear identification signs that the contractor
is performing services for the City. The Parks and Trees Maintenance
Superintendent shall approve these signs prior to installation by the contractor.
M. Safety Requirement
All work performed under this contract shall be performed in such a manner
as to provide maximum safety to the public and where applicable, comply
with all safety standards required by CAL -OSHA. The Parks and Trees
Maintenance Superintendent reserves the right to issue restraint or cease and
desist orders to the Contractor when unsafe or harmful acts are observed or
reported relative to the performance, of the work under this contract. All
contractor vehicles shall have a "W.A.T:C.H." work area traffic control
manual at all times.
2. The Contractor shall maintain all work sites free of hazards to persons and/or
property resulting from his/her operations. Any hazardous condition noted by
the Contractor, which is not a result of his/her operations, shall be
immediately reported to the Parks and Trees Maintenance Superintendent.
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N. Claims by Contractor's Employees
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 m 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.
O. Liability for Damages
1. The contractor shall be fully responsible for any and all damage done to City
property, equipment, or other property of the public premises that result from.
the Contractor's operations under this contract. This shall include but not be
limited to the replacement, at Contractor's expense, of shrubs, trees, vines,
turf, groundcover or other landscape, items that are lost due to negligence in
pest and disease control practices; and/or due to improper watering, fertilizing,
or lack of proper maintenance and care.
2. The Contractor may insure the equipment, materials, and work to cover
Contractor's interest in the same. The City will not, under any circumstances,
be answerable or accountable for any loss or damage that may happen to said
equipment, materials and work, or any part or parts thereof, used and
employed in fully completing the contract.
3. Contractor shall indemnify and hold harmless the City, its City Council,
boards, commissions, officers, agents, .servants and employees from and
against any and all claims and losses whatsoever, including reasonable
attorney's fees, accruing or resulting to any and all persons, firms or
corporations furnishing or supplying work, services, materials, equipment or
supplies in connection with the services, work or activities conducted or
performed by Contractor pursuant to a mutual contract.
P. Advertising
No advertising of any kind or description, bill posters, printed, painted, or by the
use of any other method application legible to human sight, shall appear on any
buildings, structures, fences, canopies, posts, or signs except valid and authorized
legal notices required to be placed thereon and except as may be specifically
authorized in these general conditions.
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H. PROPOSAL FORMAT AND CONTENT
Proposals should be typed as briefly as possible. They should not include any elaborate .
or unnecessary promotional material. The following order and content of .proposal
sections should be adhered to by each Contractor:
Cover Letter
A cover letter not to exceed three (3) pages in length should summarize key elements of
the proposals. The letter must be signed by an individual authorized to bind the
Contractor. The letter must stipulate that the proposed price will be valid for a period of a
minimum of five (5) years. Indicate the address and telephone number of the
Contractor's office located nearest to Newport Beach, California, and the office from
which the contract will be managed.
A. Background and Approach
The Background and Approach Section should describe your understanding of the
City and the work to be done.
B. Methodology
This section should clearly describe the methodology you plan to use to carryout
the specific work tasks described in the Work Plan.
C. Work Plan
Describe the sequential work tasks you plan to carry out in accomplishing this
contract. Indicate all key deliverables and their contents.
D. . Contract Organization and Staffing
Describe your approach and methods for managing the contract. Provide an
organization chart showing all proposed contract team members. Describe the
responsibilities of each person on the contract team. Identify the Contract
Director and/or Manager and the person who will be the key contact with the City
of Newport Beach. Indicate how many hours each team member will devote to
the contract by task, along with. a statement indicating the availability of the
members of the contract team for the duration of the contract. Please include
resumes for key members of the contract team with particular emphasis on their
experience and professional affiliation. Also include any additional information
or staff support required from City personnel during the course of the RFP
preparation.
E. Related Experience
Describe recent, directly related public agency experience. Include on each listing
the name of the agency; description of the work done; primary agency contact,
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address and telephone number, dates for the contract; name of the Contract
Director and/or Manager and members of the proposed contract team who worked
on the contract, as well as their respective responsibilities. At least three
references should be included. For each reference, indicate the reference's name,
organization affiliation, title, complete mailing address, and telephone number.
The City of Newport Beach reserves the right to contact any of the organizations
or individuals listed.
F. Contract Schedule
Provide a schedule for completing each task in the work program, based upon the
Maintenance Frequency Summary (Attachment A).
G. Cost Data
Indicate the total annual Unit Prices (Attachment F, G, H, and 1) for which you
will conduct the contract based upon the information provided.
H. Statement of Compliance
Contractors must submit a Statement of Compliance with all parts of the Request
for Proposal and Draft Agreement terms and conditions, or a listing of exceptions
and suggested changes, along with a description of any cost implications or
schedule changes the exceptions and/or changes cause. The Statement of
Compliance must declare either: .
1. This proposal is in strict compliance with the Request for Proposal and Draft
Agreement and no exceptions to either are proposed; or
2. This proposal is in strict compliance with the Request for Proposal and Draft
Agreement except for the items listed.
For each exception and/or suggested change, the Contractor must include:
a. The suggested change in the RFP or rewording of the contractual
obligations.
b. Reasons for submitting the proposed exception or change.
c. Any impact the change or exception may have on contract costs,
scheduling, or other considerations.
I. Other Information
Include any other information you consider to be relevant to the proposal.
Additional optional services may be provided at the discretion of the contractor.
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J. Employment Provision
Contractor agrees that in carrying out its responsibilities under this agreement, and
in particular with regard to the employment of persons and sub - contractor;
working on the contract, it will not discriminate on the basis of race, color, creed,
national origin, religion, sex, age, or handicap. In the event any of the work
Performed by Contractor here under is subcontracted to another person or firm
(with approval of the City as required herein), sub - contract shall contain a similar
provision.
K. Insurance Coverage
Without limiting Contractor's indemnification of City, and tenor to
commencement of work Contractor shall obtain, provide and maintain it 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.
1. 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.
2. Signature. A person authorized by the insurer to bind .coverage on its behalf
shall sign certification of all required policies.
3. 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.
4. Coverage Requirements.
a. 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.
15
b. 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.
c. Automobile Liability Coyeraee. 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.
5. Endorsements. Each liability, employer's liability and automobile liability
insurance policy shall be endorsed with the following specific language:
a. 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. '
b. This .policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers
as respects to all claims, losses, or liability arising directly or indirectly
from' the Contractor's operations or services provide to City. Any
insurance maintained by City, including any self - insured retention City
may have, shall b considered excess insurance only and not contributory
with the insurance provided hereunder.
c. 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.
d. The insurer waives all rights, of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
e. 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.
is The insurance provided by this policy shall not be suspended, voided,
cancelled, or reduced in coverage or in limits, by either party except after
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) written notice has been received by City.
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b. 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.
7. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and . expense, any additional kinds of insurance, which. in its own
judgment may be necessary for its proper protection and prosecution of the
work.
L. Guarantees
A Faithful Performance Warranty Bond in the amount of one hundred percent
(100%) of the contract price shall be requited for the entire length of the contract
period.
Unless otherwise specified, the Contractor shall guarantee that the work
performed under the Contract will be performed. to the HIGHEST INDUSTRY
STANDARDS specified in the RFP and remain as such for the term of the
contract. Whenever, in these. specifications, written guarantees are requested, or
specified, the Contractor shall guarantee the products or installations therein
described for the time specified and no further guarantee shall be required.
If defective material or workmanship is discovered by the City in the work
proposed within this contract, and this defective material or workmanship requires
repairs to be made under this guarantee, all such repair work shall be done by and
at the expense of 'the Contractor. Should the Contractor fail to repair such damage
within five (5) working days thereafter, the City may be the necessary repairs and
charge the Contractor with the immediate attention, the City shall have the right to
repair the defect or damage and charge the Contractor with the actual cost of all
labor and material required.
M. Pre - Proposal Meeting
All parties selected to submit proposals for landscape maintenance of City parks
and facilities are instructed to attend a mandatory pre-bid meeting. The meeting is
scheduled for May 29, 2008 at 8:30 a.m., 592 Superior Avenue, Building A,
Newport Beach, California. Present at this meeting will be representatives of the
City of Newport Beach General Services Department.
The purpose of this meeting is. to familiarize contractors with the contract's contents and
scope of work and to answer any questions which may arise prior to submitting proposals.
Copies of standard specifications will be included. Attendance at this meeting is
MANDATORY for those wishing to submit proposals. A map detailing the locations
(Attachment K) of all sites within this contract will be provided at this meeting. Failure to
attend the pre-bid meeting shall result in disqualification form the RFP process.
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DESCRIPTION OF PROJECT AND INTENT
L INTENT
The intent of these specifications is to provide full and complete contract landscape
maintenance at designated sites, herein described, and that such site be kept in a healthy,
weed free, vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform landscape
maintenance as described herein including, but not limited to, the following:
1. Weeding, cultivating and brush control, both mechanically and with chemicals.
2. Turfgrass weed eFadication and control, both mechanically and with chemicals.
3. Turfy shrub, and tree fertilization.
4. Shrub and groundcover trimming, pruning, and training.
5. Minor tree pruning and staking. Pruning trees under 8 feet in height.
6. Irrigation programming, monitoring, maintenance, and repair.
7. Water meter reading and water conservation.
S. General rodent, pest, and disease control on landscape planting and turf.
9. Mowing, verticutting, and aerifying.
10. General litter control, refuse removal, and grounds policing.
11. Plant replacement.
12. Hardscape cleaning.
13. Maintenance of sand and wood chip areas.
14. Access roadway clearance and visibility maintenance.
15. General drainage structure and system maintenance.
16. Drinking fountain maintenance.
17. Reporting vandalism, graffiti, or any safety concerns.
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It shall NOT be the contractor's responsibility to maintain or repair.
1. Area lighting systems
2. Fencing
3. Gates
4. Any building located at the specified site
5. Graffiti
6. Vandalism
7. Signage
8. Damage resulting,from vehicular accidents
9. Water, sewer, and electrical lines or systems, except to the extent required in the
technical specifications of the Bid Schedules.
10. 'Trees over 8 feet in height
III. WORHING HOURS
Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and
5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled other
than litter control and refuse, without permission from the City, unless it is an emergency
situation. No motorized equipment shall be operated before 8:00 AM or after 5:00 PM.
IV. TERM OF CONTRACT
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
August 30, 2008, after City Council approval of this contract, and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for three (3) additional one (1) year terms (automatic
extensions) with the extensions to automatically commence upon the expiration of the
initial term or any extended term, unless the City notifies Contractor in writing at least
thirty (30) days before the end of the initial term or any extended term, of its intent to
terminate this Agreement at the conclusion of the initial term or any extension. Time is
of the essence in the performance of services under this Agreement.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification description.
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Standards and fi)equencies 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, at the City's sole discretion, result in deduction of payment for that date, week,
or month. Payment will be retained for work not performed until such time as the
work is performed to City standard
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 General Services
Department. There shall be a minimum of a weekly meeting with the Contractor and the
City representative to determine progress and to establish areas needing attention. A
monthly maintenance schedule will be submitted in writing to the City by the first day of
said month. The supervisor of this contract shall be available to meet with the City's
representative daily during working hours, as necessary.
Any specific problem area which does not meet the conditions of the specifications set
forth herein shall be called to the attention of the Contractor and if not corrected, payment
to the Contractor will not be made until condition is corrected in a satisfactory manner as
set forth in the specifications.
VII. SPECMCATIONS
VIII.
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the work
called for in these specifications or reasonably implied by terms of same. Work or
materials of a minor nature which may not be specifically mentioned, but which may be
reasonably assumed as necessary for the completion of this work, shall be performed by
the Contractor as if described in the specifications.
All correspondence shall be addressed to Dan Sereno, Parks and Trees Maintenance
Superintendent, General Services Department, City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California 92663 -3884.
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DL PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is given
for said work and the estimate is approved by the City before the work is commenced.
The Contractor will be required to provide before and after photographs of safety items or
emergency repairs which were made without prior City approval. Documentation of
contract compliance may be required on some occasions.
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.
Beacon lighting visible from behind the vehicle will be installed on vehicles working
along. City streets.
M. 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 nor the cost of disposal. Contractor shall pay all
disposal fees and provide documentation evidence of recycling to include location,
tonnage, etc. on a monthly basis to the City.
XII. RECORDS
The contractor shall keep accurate records concerning all of his/her employees or agents.
The contractor shall provide this information in an organizational chart as changes in
staffing occur. Additionally, the contractor shall provide the City with names and
telephone numbers of emergency contact employees.
The 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 and which has been approved by
the City in accordance with the Agreement. Payment for any extra work will not be
authorized unless the additional work, and costs thereof are first approved by the City in
accordance with the Agreement.
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The Contractor shall, within fifteen (15) days of the effective date of an executed
agreement, prepare and submit a written annual maintenance calendar to the Parks and
Trees. Maintenance Superintendent. This maintenance calendar shall clearly indicate all
of the park 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.
XIII. EMERGENCY SERVICES
The Contractoi 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 of 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
aerfiication, turf dethatching, seeding, preventive and curative application of
fungicide, herbicide or any required pesticide applications, water truck operations,
and plant replacements. Positions used for specialty operations shall be in addition
to those outlined on page 10, section K -1.
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.
XVI. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a 30 minutes response time of the job
site and provide the office with phone service during normal working hours. During all
other times, a telephone answering service shall be utilized and the answering service
shall be capable of contacting the Contractor by cell phone 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.
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XVII.. SCHEDULES
Annual Schedule
1. The Contractor shall provide an annual maintenance schedule indicating the time
flames when items of work shall be accomplished per the performance requirements.
2. The Contractor shall complete the schedule for each park in a manner which shall
correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen (15) calendar
days after effective date of the contract.
4. The Contractor shall submit revised schedules when actual performance differs
substantially from planned performance.
Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the major items
of work to be performed in accordance with the performance requirements and further
delineate the time frames for accomplishment by day of the week and by morning and
afternoon.
2. The Contractor shall complete the schedule for each item of work and each area of
work.
3. The initial schedule shall be submitted one week prior to the effective date of the
contract. Thereafter, it shall be submitted weekly on Thursday mornings for City
approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Trees Maintenance
Superintendent at least twenty-four (24) hours prior to the scheduled time for the
work.
5. Failure to notify of a change and/or failure to perform an item of work on a
scheduled day may, at the City's sole discretion, result in deduction of payment
for that date, week or month.
6. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy
days. Maintenance and litter removal shall be scheduled for all holidays and rainy
days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work schedules
which correspond to its manpower and equipment resources. The Contractor has also
been provided the opportunity and procedure for adjusting those schedules to meet
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special circumstances. Therefore, all work shall be completed on the day scheduled, as
shown on the weekly schedule.
XVIII. PERFORMANCE DURING INCLEMENT WEATHER
1. During the periods when inclement weather hinders normal operations, the Contractor
shall adjust his/her .work force in order to accomplish those activities that are not
affected by weather.
2. Failure to adjust the work force to show good progress on. the work shall result in
deduction of payments to reflect only the work actually accomplished.
3. The Contractor shall immediately notify the Parks and Trees Maintenance
Superintendent when the work force has been removed from the job site due to
inclement weather or other reasons. If the Parks and Trees Maintenance
Superintendent can not be reached, the contractor shall notify the Parks
Maintenance Supervisor.
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 - 4224133) 48 hours before
commencing any excavation, to locate underground service lines.
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:
1. A copy of Contractor's Orange County Agricultural Commissioners Restricted
Materials Permit/Operator I.D. numbers and a copy of the Contractor's Pest Control
Business License.
2. A written "Pest Control Recommendation" for each chemical and site before
Contractor uses any pesticide. The Contractor shall provide (in a three ring binder)
with each Pest Control Recommendation the material safety data sheets and
manufacturers label for each chemical.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24 hours
of application including: chemical name, quantity applied, applicator's name, and date
of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use
Restricted Materials," 24 hours before application. A Notice of Intent will also be
issued whenever chemicals are applied to turfgrass, regardless if it is "Restricted."
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5. The contractor shall provide a "Proposed Pesticide Lisp' of all the pesticides they
intend to use for this contract, including toxicity category and Environmental
Protection Agency number for each chemical, before any such use.
6. The contractor shall not use any pesticide that has not been authorized by the Parks
and Trees Maintenance Superintendent...
7. A. Pest Control Operator with a Qualified Applicator License will be assigned to this
contract to apply restricted materials.
8. Provide annual pest control training records for all employees who will be applying
such pesticide specified on those records.
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TEmmAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REOUMEMENTS
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," Attachment A. The City shall have the right to
determine schedule days and the extent and frequency of additional "as needed" services.
Standards and frequencies may be modified from time to time as deemed necessary by the
City for the proper maintenance of the listed facilities.
All operations will be conducted so as to provide maximum safety for the public and
minimize disruption of the public use of City facilities.
Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds,
trash, and other debris.
Contractor will keep sidewalks free of algae where constant runoff occurs.
Leaves, paper, weeds, and any other debris will be removed from landscaped areas and
disposed of off -site.
Contractor will clean sidewalks, roadways, and any other areas littered or soiled by
his/her maintenance operations.
The Contractor shall maintain the premises clean of debris at.all times. Upon completion
of any work project, the Contractor shall remove remaining excess materials, waste,
rubbish, debris, and his/her construction and installation equipment from the premises.
Any dirt or stains caused by the work shall be removed. Existing City trash containers
shall not be used by the Contractor for his/her debris.
Prune plant materials adjacent to roadway intersections to provide adequate sight distance
for vehicles entering the intersection.
Prune plant materials so that all traffic control signs are clearly visible to approaching
drivers.
Contractor must notify the City immediately of any unusual and hazardous conditions at
the work site.
Contractor must notify City within one (1) hour of malfunctioning facilities or conditions
that may break, malfunction, or interrupt the public's use of City facilities.
All insects, other like pests, and diseases 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.
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All animal feces or other materials detrimental to human health shall be removed from
the park areas immediately.
All broken glass and sharp objects shall be removed immediately.
All areas, benches, picnic tables, and associated park amenities shall be inspected daily
and maintained in a neat, clean and safe condition at all times.
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.
All sand and wood chip areas abutting maintained areas shall be cleaned daily when
dirtied by Contractor's operations and at other times as required.
Trash cans provided by the City shall be emptied daily and Washed after emptying (when
necessary) or as determined by the Inspector. Contractor shall provide plastic liners
for all trash cans at Contractor's expense.
All concrete "V" drains, to include the portion under the sidewalk, shall be kept free of
vegetation, debris,and algae to allow unrestricted water flow.
All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall
be tested for security and refastened as necessary. Missing or damaged grates shall be
reported to the City.
All barbecue grills shall be emptied of all ashes once per week
H. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
DEdWe Facilities
1. All drainage structures shall be checked and cleaned weekly or as needed to insure
consistent unrestricted water flow.
2. Any damage to structures shall be noted immediately to the Parks and Trees
Maintenance Superintendent.
3. Failure to properly maintain drainage systems or to notify the Parks and Trees
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrigation System Maintenance
1. The Contractor shall maintain the complete sprinkler system in an operable condition
in those locations where operable systems exist. This includes but is not limited to
controllers, backflow devices, moisture sensors, manual and remote control valves,
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wiring, pipes, vaults, heads, and anti -drain valves. The Contractor shall not be
responsible for the water meter assembly as he/she may cause damage to these items.
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 rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Trees Maintenance
Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled irrigation
cycle. All repairs shall be made in accordance with City of Newport Beach
standard irrigation specifications.
h. Irrigation programming charts will be included in monthly reports in January,
April, July.and October.
i. Areas that require irrigation will have such accomplished no earlier than 11:00,
p.m. nor later than 6:00 am.
j. Contractor will maintain moisture sensors at all sites at which such a unit is
installed.
k. Contractor will maintain master valve and flow sensors at each site they are
installed. Master valves will be tested weekly and repaired as required.
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 at each site. However,
the contractor shall be responsible for the proper operation of the system at all times
and shall provide for obvious repairs as they occur or are needed.
4. Contractor will not charge labor for any irrigation repairs, unless it is pre- approved by
the City for emergency repairs on overtime.
K-41
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Water Conservation
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Contractor shall appoint a staff member to act as the Water Manager. Contract personnel
performing water management duties shall have the following abilities and must meet the
following requirements.
Abilities
1. Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and
monthly water allocations (Attachment .I).
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain. all parks and landscape in a. usable condition (no flooding due to over -
irrigation).
5. Troubleshoot and diagnose irrigation systems issues and take corrective action.
Requirements
1. The Water Manager shall program all controllers weekly according to the IRWD
allocation.
2. -The Water Manager shall notify the Contractor or City Representative of all required
repairs.
3. The Contractor shall meet the IRWD monthly water allocations for each meter on all
streetscape and park applications. The Contractor shall maintain healthy plant
material, and avoid monthly IRWD penalties.
Damages for Water Management
1. 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.
2. Deduction shall exclude all approved appeals such as mainline and control valve
failures.
3. The .City's Representative shall meet monthly with the Contractor's Representative
and the Contractor's Water Manager to review over - allocation water billing to
determine which water billing appeals are to be approved and which are to be waived.
4. The Contractor shall copy City Representative on all such appeals, include all meter
readings and allocation calculations.
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5. Over - allocations that do not qualify for appeal or have not been waived will be
deducted from the Contractor's monthly payment.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as needed to
maintain the height specified below:
a. Frequency or mowing shall be scheduled so. that no more than one -third (1/3) the
height of the grass plant is removed.
b. Borders shall be edged at each mowing with a gas- powered walk -behind edger.
c. Clippings shall be collected and removed unless otherwise directed by the City.
d. Mechanically trim around sprinklers as needed to provide pr6per 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 (approved by City) shall be maintained in
this area at all times.
f. Mechanically trim around vaults, posts, and other similar features on ,a weekly
basis.
g. Mowing equipment shall be approved by the City. Equipment must be sharp and
properly adjusted to avoid damage to the turf plant.
h. Pickup all litter prior to mowing.
i. Edging using a string line shall along the base paths, as a guide be performed
weekly at Bonita Canyon Sports Park and other baseball infields as needed.
2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 1/2 to 1 1/4 inches.
b. Cool season turf including Bluegrass, Perennial Rye, Fescues - 1 1/2 to 3 inches.
c. Kikuya and St. Augustine turf - 1 1/4 to 13/4 inches.
d. A reel -type mower shall be used to mow all athletic fields, unless otherwise
directed by the City. Scheduling will not conflict with public use /sport group
activities and will occur on Wednesday or Thursday.
3. Vertical mowing of warm season grasses shall be done once per year in September,
permitting sufficient time for turf regeneration.
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a. Depth of cut shall be sufficient to remove thatch without damaging crown of turf
plant.
b. Cool season grasses shall be renovated to remove thatch annually as directed.
4. All turf shall be fertilized four times per year using a homogenous, pellet or granular
slow- release material. City must approve the material used. Apply at the following
rates and time:
a. January: 16 -6 -8 (or approved equivalent) fertilizer at one pound actual nitrogen
per 1,000 square feet.
b. April 22 -3 -9 (or approved equivalent) fertilizer at one pound actual nitrogen per
1,000 square feet.
c. July: 21 -3 -5 (or approved equivalent) fertilizer at one pound actual nitrogen per
1,000 square feet.
d. October. 16 -6 -8 (or approved equivalent) fertilizer at one pound actual nitrogen
per 1;000 square feet.
e. 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 The Contractor shall perform a soil fertility analysis at individual parks (up to 13)
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 Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and Tree
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). Aerate all athletic fields an
additional two times in January. and July.
a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more
than 6" spacing and a minimum depth of 4 ".
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b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler components.
d. Topdress two times per year with approved tpdress material (for sports fields
only, immediately following October and April aerations).
e. Apply Gypsum at 25 poundsl1,000 square feet to select turf. areas one time per
year as conditions dictate.
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 entire irrigation system at each site weekly, or more often
when conditions warrant, to insure proper operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and safe environment for
turf 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.
Use by the public will dictate schedules, and noise levels will be kept to an acceptable
minimum at all times.
Ground Cover Maintenance
I. 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 shall be
applied in all shrub and ground cover beds twice per year, once in April and once
in September.
b. Morning glory and grass infestations shall be treated immediately when observed.
c. Groundcover areas shall be fertilized twice per year, once in April with 22 -3 -9 and
once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual fertilizer per
1,000 square feet. Substitutions may be considered at the City's sole discretion.
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.
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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 as needed to ensure a layer of mulch at least 2"
thick all times.
Shrub. Vine, and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper
shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the Parks and
Trees Maintenance Superintendent.
b. Pruning shall be accomplished to maintain a "natural' appearance; decorative,
poodle cuts, or other unnatural pruning will not be permitted,
c. Control pests as required, including snails and insects.
d. Remove all dead, diseased, or damaged branches back to a side branch. Do not
leave branch stubs.
e. Areas shall be fertilized twice per year, once in April with 22 -3 -9 and once in
September with 9 -9 -9 + Iron, at a rate of 2 pounds actual fertilizer per 1,000
square feet. Substitutions may be considered at the City's sole discretion.
f. Application of an iron chelate fertilizer or balanced fertilizer shall made as
needed throughout the year to maintain a healthy, vigorous growth and foliage.
g. Irrigate as required to maintain adequate growth and appearance. Manually water
where necessary.
h. 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, fountain grasses and other similar plants shall be removed immediately
after blooming or as directed by City.
i. All bare shrub bed areas shall be raked weekly to remove all litter and other
debris.
33
j. 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.
'k. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to
provide for proper, unobstructed circulation.
1. Bark mulch should be replaced as necessary to ensure a 2" layer of mulch at all
times.
m. All plant material w-41 be trimmed to protect property owners' ocean views, bay
views, vistas, etc. as needed or as directed by City staff.
2. The Contractor is responsibility for trimming all trees up to eight (8) feet in height.
Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle
traffic and to provide clearance from buildings, signs and other similar feafiries.
a. Remove all suckers from base of trees as they develop throughout the year.
b. Stake and support trees as necessary. Staking and guying shall be as directed by
the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling and
damage.
d. Contractor shall stake or otherwise support trees during inclement weather and
remove branches and other debris generated by such weather.
e. Inspect each site for dead or dying trees, broken, cracked, or hanging branches or
other hazards. Immediately notify the Parks and Trees Superintendent if any of
the above conditions exists.
f. Except for emergency removal, no treelshrub shall be removed without prior
direction or approval of the City. Treesishrubs 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" thick layer of bark mulch unless ground
cover is present. Weeds shall be removed, including their roots, before they reach
3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes approved by
the City.
34
0
•
3. Complete pruning, heading back, lacing out, or removal will only be done at the
direction of the City and at the prescribed unit price. All such pruning shall be made
in accordance with current International Society of Arboricultural techniques and
practices that promote the natural character of the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended work.
Cuts shall be made sufficiently close to the parent limb, without cutting into the
branch collar or leaving a stub, so that closure can readily start under normal
conditions.
Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt areas,
including turn pocket fingers, driveways, parking areas, sidewalks, patios, shall be
checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other conditions.
Immediately report such to the Parks and Tree Maintenance Superintendent.
2.. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be blown or
otherwise swept onto adjacent streets or property. All debris must be picked up
by the Contractor and removed from the site. Any equipment that is used for
cleaning hardscape must be approved by the City.
General Grounds Policing
1. The Contractor shall provide general grounds policing and inspection six (6) days per
week, except general grounds policing and inspection will be seven (7) days per week
from Memorial Day through Labor Day.
a Remove all litter and other debris from site six (6) days per week and seven (7)
days per week from Memorial Day through Labor Day.
b. If refuse or litter is not removed during site visit, said litter or debris will be
considered an emergency and removed immediately upon notification by the
City. Failure of said removal may result in deduction of payment for that
date, week, or month.
c. Provide safety and facility inspection and immediately report any deficiencies to
the Parks and Trees Maintenance Superintendent. Contractor shall be responsible
to report below standard conditions of all structures and fixtures, including but not
limited to:
35
1. Light standards and fixtures
2. Walls, fences, gates, park benches, gazebos
3: Signage
4. Graffiti
d. All areas, benches, picnic tables, and associated park amenities shall. be inspected
and cleaned six (6) days per week and seven (7) days per week Memorial Day
through Labor Day. Contractor shall use a welted rag to wipe these down as
needed.
Sand/Wood Chip Areas
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 rototilling, 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. All sand and 'wood chip areas shall be cleaned and raked level, six (6) days per
week and seven (7) days per week from Memorial Day through Labor Day.
Specialty /Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts, baseball
dugouts and bleacher areas, bicycle trails, all asphalt, and concrete and
decomposed granite walkways.
b. All areas shall be swept and disposed of off site, six (6) days per week and seven
(7) days per week from Memorial Day through Labor Day, if necessary, to remove
all deposits of silt and/or sand and glass and other debris.
c. On Monday and Thursday of each week, all areas shall be thoroughly cleaned by
sweeping or flushing with water.
d. All hard surface areas shall be inspected six (6) days per week and seven (7) days
from Memorial Day through Labor Day for uplifts and/or tripping hazards. All
0.
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 (6) days per week and seven (7) days per week
from Memorial Day through Labor Day and maintained in a neat clean, and safe
condition at all times.
h. All areas shall be raked to remove leaves and debris six (6) days per week and
seven (7) days per week from Memorial Day through Labor Day.
L All play and sports equipment within hardscape areas shall be inspected for
vandalism, safety hazards and serviceability daily. Deficiencies shall be reported
in writing immediately to the City
j. All leaves, paper and debris shall be removed from hardscape areas and disposed
of off -site.
Drinking Fountains
1. Inspect, clean and adjust six (6) days per week.
2. Report any deficiencies to the City immediately in writing.
Native and Drought Tolerant Park Maintenance — Back Bay View Park, Castaways Park,
Morning Canyon Park, Bonita Canyon Sports Park and Mesa Birch Park
These requirements are in addition to the above written Technical Maintenance
Specifications:
1. All native and drought tolerant plant material at these sites will be maintained in their
natural shape. All dead wood for natives will remain on the plant or where it has
fallen.
2. The areas shall be maintained weed -free. Only manual pulling or mechanical
cultivation of non -native weed species will be allowed.
3. The contractor's maintenance personnel will be trained to distinguish weedy plant
species from native or drought tolerant vegetation to ensure that only weedy species
are removed.
4. All weeds will be removed manually before they can attain a height of six inches (6)
or produce seeds, whichever comes first.
37
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 the same day's
maintenance.
6. For Morning Canyon Park, leaf and branch drop and organic debris from native
species shall be left in place.
7. For California Meadow Sedge areas at Castaways Park follow Turf Maintenance
Specifications (pages 30 -32), unless otherwise directed differently by City. Wash
mower thoroughly prior to each mow at Castaways Park. Apply two (2) inch layer of
mulch to walkways at Castaways Park and. Back Bay View Park once per year. Hand
pull all weeds in California Meadow Sedge areas prior to each mow, no chemical
eradication will be permitted. .
8. Handwater trees without bubblers as needed at Castaways Park and Morning Canyon
Park. Monitor excessive summer irrigation to Oak trees at Castaways Park, especially
those situated in California Meadow Sedge areas.
9. Inspect rabbit fencing at Back Bay View Park once per week.
10. At several times during the year, especially during the rainy season (November —
May), the contractor will have to make sure there is sufficient staff to accommodate
manual removal of all weeds throughout the sites. If the Contractor fails to increase
staff to accommodate timely weed removal, per specifications, the City may hire an
outside Contractor to assist in weed removal and deduct these fees from the
Contractor's monthly maintenance invoice.
RP
• r
TOTAL COST PER YEAR OF LANDSCAPE MAINTENANCE:
NOTE: Bid Price shall include all sales, use or other taxes applicable to the above item.
If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the
necessary Faithful Performance Warranty Bond within ten (10) days after the award of said
Contract.
The undersigned has examined the location of the proposed work and is familiar with the
Specifications and other Contract Documents and the local conditions at the place where the
work is to be done.
The undersigned has checked carefully all the above figures and understands that the City of
Newport Beach will not be responsible for any errors or omissions on the part of the undersigned
in making up this bid. Proposals are to remain valid for six (6) months.
(Signature)
(Printed or Typed Name) (Title)
39
(Company)
(Business Address)
(Telephone Number)
(Date)
REQUIRED REPORTS
Annual Maintenance Schedule which includes: Organization chart, mow and trash
schedules, once per year submittal
2. Weekly Maintenance Schedule, including approved extra work
3. Weekly Performance Report, including approved extra work completed
4. Monthly Chemical Use Report (As sent to County Agriculture Commission), daily as
needed for certain applications
5. Monthly Fertilizer Use Report
6. Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and
Material Safety Data Sheets
7. Weekly irrigation inspection check list (to include controller and site inspection for all
sites and a list of any repairs required)
8. Irrigation controller programming charts, submitted quarterly (January, April, July,
October)
9. Bi- weekly maintenance inspection list for all sites
10. Annual pesticide safety training records
11. Required tailgate safety meeting records, include with Monthly Maintenance Report
12. Monthly maintenance report which includes Monthly Greenwaste Report
13. Weekly Master Valve/Flow Sensor inspection checklist
14. Monthly pest and disease inspection for all sites conducted by a qualified applicator
certificate or license holder
50
41
LIST OF ATTACHMENTS
Attachment A :
Maintenance Frequency Summary
Attachment B :
Parks and Facilities Areas
Attachment C :
Standard Materials
Attachment D :
Parks/Facilities Maintenance Locations
Attachment E :
Parks /Facilities Turfgrass Maintenance Locations
Attachment F :
Unit Prices
Attachment G :
Bid Unit Costs ( Parks /Facilities Maintenance Locations)
Attachment H :
Bid Unit Costs (Parks/Facilities Turfgrass Maintenance
Locations)
Attachment I :
Total Cost
Attachment 7 :
IRWD Landscape Irrigation Guidelines
Attachment K :
Parks/Facilities Maintenance Locations Map
41
E
ATTACHMENT A
Maintenance Frequency Schedule
FUNCTION
FREQUENCY
Irrigation Inspection
Weekly
Turf Maintenance
Mowing
Weekly
Edging
At each mowing
Clipping Removal
At each mowing
String Trimming
At each mowing
Fertilize
Four times/year
Vertical Mow
Once/year
Aerate
Twice/year, Four times for Sports
Fields'
Pest and Weed Control
As needed
Visual Inspection
Weekly
Topdress Application
Twice /year, for Sports Fields
Gypsum Application
Oncel ear, for select turf sites
Ground Cover Maintenance
Trim
Monthly
Fertilize
Twice/year
Pest and Weed control
As needed
Visual Inspection .
Weekly
Pre-emergent Application
Twice/year
Shrub, Vine, and Tree Maintenance
Trim
Four times/year
Fertilize
Twice/year (once/year for trees)
Restake/Check
Each site visitlevery two weeks
Visual Inspection
min.
Weekly
Six days/ week, Seven days/
Hardscape Maintenance
week Memorial Day thru Labor
Da
Grounds Policing/Litter Removal, Including
Six days/ week, Seven days/
Specialty /Sports Areas and Park Amenities
Week Memorial Day thru Labor
Da
Six days/ week, Seven days/
Site Inspection
week Memorial Day thru Labor
Da
42
ATTACHMENT A
(Continued)
FUNCTION
MqUENCY
Sand/wood chip areas
Cleaned and raked
Six days/week, Seven days/ week
Memorial Day thru Labor Da
Rototilled
Four timeslyear
Drinking Fountains
Six days/week, Seven days/ week
Memorial Day thru Labor Da
Native Area Maintenance
Weed Control
As needed
Tree Handwatering
Weekly
43
ATTACHM ENT B
PARKS AND FACILITIES AREAS
Sites Requiring Mandatory Mowing Schedules
Before 7:00 am.
Before 9:00 a.m.
Before 10:00 a.m.
After
City Hall
38th St. Park
Las Arenas Park
Lincoln Athletic Ctr.
Newport Pier Plaza
Peninsula Park
Buffalo Hills Park
Sports Fields (after
1.00 .m.
Oasis Senior Citizens Ctr. (Wed)
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park,
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
San Nfiguel Park
Be onia Park
Uq
`J
ATTACEUVIENT C
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any deviation from
the approved list must be approved by the City of Newport Beach before installation.. Any item
not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance
Superintendent.
STANDARD MATERIAL LIST:
HEADS
• Toro 570Z -COM 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 570Z -COM Pop Up / Shrub Adapter (small slope & groundcover areas)
• Toro 300 Stream Rotor (medium slope & groundeover areas)
■ Toro XP 300 Stream Rotor (large slopes & groundcover areas)
• Toro 500 Flood Bubbler (tree wells)
Head model to be selected by the City of Newport-Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
CONTROLLER
Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain
Master
805 -527 -4498
■ Rain Master RME Sentar (contact City before using)
DRIP AND SPECIALIZED LOW -VOLUME IRRIGATION
■ Rain Bird Xerigation
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
• Spears # DS -100 Dri- Splice Connectors with crimp sleeves
• Spears # DS -300 Dri-Splice Sealant
• Rain Bird 944 or #33 Quick Coupler Valve with Vinyl Cover
W
0
• Griswold DW Series Valve (Control Valve)
• Griswold 2160 Solenoid Valve (Normally Open Master Valve)
• Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
• Matoo 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% x 12 "W x 12"D
• Round Valve Box- Plastia10"
• Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
• Rain Master EVFM Flow Sensor
• Rockwell Metal Repair Clamp for all Main Line repairs
• PVC Slip Fix for Lateral line repairs only
TURF FERTILIZERS, ETC.,
A. All commercial fertilizers must be homogenous.
B. All organic fertilizers must have lowest salinity rate possible.
C. No steer or chicken manure is allowed
D. All fertilizers, planting medium, humus material, etc. must be City approved.
PLANT STOCK
All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs,
annuals and perennials, flowers, and ground covers must be approved by the Parks and
Trees Maintenance Superintendent before planting.
PESTICIDES
All pesticides proposed to be used must be submitted to City with application location
and written recommendation from the Contractor's Pest Control Advisor prior to use. All
materials must be properly labeled and certified for intended use. Proper and legal
disposal of any and all pesticides used is solely the responsibility of the Contractor. All
state, county, and city laws regarding pesticide use and disposal must be followed.
46
ATTACffi4ENT D
Parks/Facilities Maintenance Locations
Parks
Address
Acreage
Amp Paris
1411 Bayswater Bison Ave. at Bayswater
8.0
Back Bay View Park
Jamboree Road @ East Coast H
. 8.13
Balboa Island Park
115 Ave
0.18
Bayside Drive
Bayside Dr. between Camatdoa and LmkW
4.4
Bayview
Mesa Dr. A Bayview Ave.
3.0
Begonia
Begonia Ave. at First Ave.
2.1
Bob Henry
1 Street @ Dover Drive
4.8
Bonita Canyon Sports Park
1990 1880 1641 Ford Road
38.0
Bonita Creek
University Dr. @ La Vida
10.0
Buffalo .Hills
N Hills Dr. EaWWest Ford Rd.
15.0
Casiawa Park
1 Street @ Dover Drive
18.83
Eastbluff
Vista Del Oro @ Vista Del Sol
13.9
Irvine Terrace
Seadrift Dr. @ Evita Dr.
6.9
Jasmine View
Harbor View Dr.' @ Marguerite Ave.
1.0
Mannin Tract
Newpprt Hills Dr. W. and Port Wbeeler Pl.
2.7
Upper Bay View Park
2081 Mesa Drive
0.71
mming Canyon
Comer of Surrey Drive Rockford Road
1.0
Old School
Carnation Ave 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hilts Rd. A Crown Dr.
4.1.
San mikqwl
San bliguel Dr: Spyglass Hill Rd.
73
Spyglass Hill
s Hill Rd @ El Capitan Dr.
I A
S s Hill Reservoir
Muir Beach Circle
1.0
Sunset View
North of West Coast Hwy off of Superior Ave
0.7
Total Acreage
153.85
Facilities
Address
Acreage
Central Libmiy
1000 Avocado Ave.
3.3
Police Depatiment
870 Santa Barbara Dr.
0.4
Fire Station #7 — Santa Ana Heights
20401 Acacia St.
l3
Fire Station #4 — Balboa Island
124 Marine Ave.
.03
Fire Station 43 — Fashion Island
868 Santa Barbara Dr.
0.1
Total Facilities Acreage
5.13
Grand Total 158.98 acres
47
-W 3T -1
Parks/Facilities Turfgrass Maintenance Locations
Parks
Address
Acreage
Bolsa
Bolas Ave. @ Old Newport Blvd.
0.1
Channel Place
Channel Place Q 44 St.
1
Cliff Drive
Cliff Dr. @ Riverside Dr.
1.5 '
Ensign View
2501 Cliff Dr. El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
I 1
Grant Howald
Iris Ave. 5 Ave.
2.5
Harbor View Nature
San Miguel Dr. Q Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
IV, Street
"L" St @ Piam del Sur
0.5
Las Arenas
Balboa Blvd 16 St
0.2
Lido
Via Lido entrance to Lido Island
0.5
MarinersDover
Dr. irvine Ave.
5
Newport Island.
Marcus 39 St.
0.1
Newport Shores
61° St Q Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 5 . Ave.
3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
.1
Peninsula
Main St East Ocean Front, Balboa
3.5
Veteran's Memorial
1 St @Bay Ave.
0.4
WeAcliff
Polaris Dr. A Westwind Way
1
West Jetty View
Ocean Blvd. Channel Rd. Balboa
0.2
West Newport
Seashore Dr. between 57 St. & Santa Ana River Jetty
4
-iP Street
Balboa Blvd 39m St.
0.3
Total Acreage
27.9
Faedi
Address
Acreage
Fire Stations:
1
Balboa Blvd. Island Ave.
0.1
2
32nd St Villa Way
0.1
5
Marigold Ave. between Coast Hwy/2nd Ave.
0.1
6
Irvine Ave. Dover Dr.
0.1
Libraries:
Balboa
Balboa Blvd Island Ave.
0.2
Corona del May
Mari old Ave. between Coast Hwy/2nd Ave.
0.1
ATTACHMENT E
(Continued)
Miscellaneous•
•
CdM State Beach
Ocean Blvd. Jasmine Ave.
1
City Hall
3300 Newport BlvdQ 32nd St.
1
Lincoln Athletic Center
3'101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd McFadden PL
0.2
Oasis Senior Citizens Ctr.
800 maguerite Ave. 5th Ave. 7
1
W. Nwpt Community Ctr.
883 W. 15th St. off Placentia Ave.
0.1
"A" Stmt PUMD Station
A St. and Balboa Blvd.
0.1
Total Acreate
I 12.1
Grand Total 40.0
M
ATTACHMENT 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.
11. 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.
III. 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.
IV. All work shall be performed in accordance with specifications described in the RFP.
FUNCTION COST/UNIT OF MEASURE
Turf Mow -Real Blade
$ 1000 Sq. Ft.
Turf Mow- Rotary Blade
$ 1000. Sq. Ft.
Turf Edge
$ 1000 Linear Ft.
Turf Aerify
$ 1000 Sq.Ft.
Turf Fertilize
$ 1000 Sq. Ft.
Turf Dethatch/Renovate
$ Acre
Turf Topdress only
$ 1000 Sq. Ft.
Turf Gypsum Application at 25lbs
$ 1000 Sq. Ft.
HARDSCAPE
Cleaning x_(1000 Sq. Ft.
Powerwashing_/ 1000 Sq. Ft.
GROUNDCOVERS
Fertilize $ 1000 Sq. Ft.
PEST CONTROL
Tree disease/'msect foliar spray Tree
(using Talstar or Equal)
50
Tree diseasePmsect root injections �_/ Tree
(using Merit or Equal)
Pre- Emergent/turf or planter $_/ 1000 Sq. Ft.
(using Snapshot or Equal)
General Weed Control Post Emergent $ 1000 Sq. Ft.
(using Roundup or Equal)
SHRUB PRUNING/REMOVALS
Pruning $ 10 Linear feet
Removals $ 10 Linear feet
FULL TREE PRUNING/REMOVALS
Pruning $ Tree
Removals $_/ Tree
PLANTING (All shrubs and trees will be planted with approved soil amendment)
1 Gal. Shrub
$ Each
5 Gal. Shrub
$ Each.
15 Gal. Shrub
$ Each
15 Gal. Tree (with root barriers,
$ Each
tree stakes and ties)
$ / Hour
24" Box Tree (with root barriers,
$_/ Each
tree stakes and ties)
$ / Hour
36" Box Tree (with root barriers,
$ Each
tree stakes and ties)
64 Count Flat Groundcover
$ Flat
16 Count 4" Flat Annual Color
$ Flat
Turf - Seed and Top Dress
$ 1000 Sq. Ft.
Turf - Sod
,$ 1000 Sq. Ft.
Hand spread and rake in City Supplied seed
$ 1000 Sq. Ft.
(in California Native areas)
LABOR
Landscape Maint. Supervisor
$ Hour
Pest Control Applicator
$ Hour
Irrigation Specialist
$ Hour
Landscape Maint. Leadworker
$ / Hour
Equipment Operator
$ / Hour
Landscape Maint. Laborer
$ / Hour
Tree Trimmer
$ / Hour
EQUIPMENT
1 -Ton Truck �_/ Day
51
:u
0-2" Mulch at 2" layer
GREENWASTE
Disposal
Park and Facility Maintenance
Park and Facility Turgrass Maintenance
Park and Facility Native Park Maintenance
52
6
S_/ 1000 Sq. Ft.
S_/ Ton
$ Acre/Year
$ Acre/Year
$ Acre/Year
0
ATTACHMENT G
BID UNIT COSTS
0
ParkslFacilitities Maintenance Locations
Parks
Address
Yearly Cost
Arroyo Park
1411 Bayswater, Bison Ave at Bayswater
Back Bay View Park
Jamboree Rd @ Pacific Coast Highway
Balboa Island Park
115 Agate Avenue
Ba side Drive
Bayside Dr. between Carnation and Lar
Bayview
Mesa Dr. @ Bayvicw Avenue
Begonia
Begonia Ave. at First Ave.
Bob Henry
16 Street -@ Dover Drive
Bonita Canyon Sports Park
1990 1880 1641 Ford Rd
Bonita Creek
Univers ity Dr. @ La Vida
Buffalo Hills
N rt FTiDa Dr. East/West @ Ford Rd.
C "wys Park
le St. @ Dover Drive
Vista del rho @ Vista del Sol
IVAAe Terrace
Seadrift Dr. @ Evita'Dr.
Laaftyiew
Harbor View Dr. @ Marguerite Ave.
bEvIninn Tract .
Ne hills Dr. W. and Port Wheeler Pl.
mew Park
2081 Mass Dr:
I Can on ..
Comer of S Dr. @ Rockford Rd.
C1i 1..
Carnation Ave @ 4 . Ave.
Sao: iTills
San Joaauin Hills Rd. @ Crown Dr.
San Miguel Dr. @ Spyglas Hill Rd.
SIl
SpypJass Hill Rd. @ El Capitan Dr.
Spiralass 'MU Reservoir
Muir Beach Circle
Sunset View
North of PCH off of Su 'or Ave
Facilities
Address
Yearly Cost
Central Library
1000 Avocado Ave.
Police Deparment
870 Santa Barbara Dr.
Fire Station #7 - Santa Ana Heights
20401 Acacia St.
Fire Station #4 - Balboa Island
124 Marine Ave.
Fire Station #3 - Fashion Island
868 Santa Barbara Dr.
53
M rlul �I
BID UNIT COSTS
Parks/Facilities Turfgrass Maintenance Locations
Parks
Address
Yearly Cost
Bolsa
Bolsa Ave. @ Old Np224 Blvd
Channel Place
Channel Place @ 44 St.
Cliff Drive
Cliff Dr. @ Riverside Dr.
gLmip View
2501 Cliff Dr. @ El Modena Ave.
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
Grant Howald
Iris Ave. @ 5 Ave.
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
Kings Road
Kings Road west of St. Andrew's Road
"L" Street
"V 'St. St. @ Piazza del Sur
Las Arenas
Balboa Blvd. @ 16 St.
Lido
Via Lido entrance to Lido Island
Mariners
Dover Dr. @ Irvine Ave.
Newport Island
Marcus @ 391b St.
Newport.Shores
61" St. @ Coast Blvd.
Oasis Passive.
Marguerite Ave. @ 5m Ave.
Ocean Blvd. Bluffs
Ocean Blvd. from Fendeaf Ave. to Poppy Ave.
Peninsula
Main St. @ East Ocean Front, Balboa
Veteran's Memorial
131 St. -@ Bay Ave.
Westcliff
I Polaris Dr. @ Westwind Way
West Jetty View
Ocean Blvd. BnoA
West Newport
Seashore Dr@twn 5& River Jetty
38 Street
Balboa Blvd. @ 38h St.
Facili
Address
Yearly Cost
Fire Stations:
1
Balboa Blvd. @ Island Ave.
2
32 St. @ Villa Way
5
MariRold Ave. between Coast H 2 Ave.
6
Irvine Ave. @ Dover Dr.
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
Corona del Mar
Mangold Ave. between Coast Hwynm Ave.
Miscellaneous:
"A" Street Pura Station
A St. and Balboa Blvd.
CdM State Beach
Ocean Blvd. @ Jasmine Ave.
City Hall
3300 Newport Blvd. @ 3V St.
Lincoln Athletic Center
3101 Pacific View Dr.
Newport Pier Plaza
Balboa Blvd. @ McFadden Pl.
Oasis Senior Citizens Center
800 Marguerite Ave. @ 5 Ave.
W. Nwpt Community Ctr.
883 W. 15 St. off Placentia Ave.
54
0 0
ATTACHMENT J
Irvine Ranch Water District (IRWD)
Landscape Irrigation Water Rates
Irvine Rands Water Oisb Ws ascending blodc rate structure offers very low rates for use at
or below, allocation and higfier rates for use above allocation. The allocation for a particular
landscape isAetemvned'by four faders:
1.
2.
3.
4.
IRWD weather stations located in coastal, central or
which is the relative amount of water co&season tarn needs at
various tirnes of the yc
1.25 (for 80 pei6entiir
makeup for ineffidend
LA Qandsgpe acreage
cool - season turfgmss.
ation system effidency), which is the extra water allocated b
; in the.rrrigation system.
This assumes that 100 percent of the landscape is
Allocation.formula:
ET x Kc x.1.25 -x LA- landscape allocation in ace - inches. To Convert to CCF, multiply by
36.3. CCF stands for'hundred'aibic feet.' One CCF equals approximately 748 gallons.
Landscape lMgation Water Rates Effective Jury 1, 2007
Note; Soma areas lndudaa pumping surcharge per CCF of voter used. potable voter account numbers
art vdM 601 reclaimed voter account number start Nth 62.
Since the allocation changes weekly, the most effective way to avoid overuse charges is to
monitor the usage weekly (using the mPier /a n loa sheet or IRWD water manaoemer
softwa e and compare it to the weeidy allocation.
Allocation information is available at the ET Hotline, updated Monday mornings:
English (949) 453 -5451
Spanish (949) 453 -5452
To access this information from IRWD website, irwd.cwm, dick on the Er Hotline Icon located
on the home page.
If you have any questions, or need to discuss your landscape irrigation account, please
contact IRWD's Landscape Water Conservation Specialist, Nick Mrvos, at (949) 453 -5324 or
email mnmE@ nvd.com.
56
1. s�keape: aia eso�sace�ec�as;l mseaowm+ �tiiaceotmtnummisSt�sm6t ,rrt#�g5i.f:B &',aa a4a►.65 hriaa
:eeaa•dwtuvuscsltotgtion elmt�esateinwrred;�iliose warsu« stiimcha�. smaybead ,�tsd,mdeet5arollowu�.cuddiaris:
A4maltimciioa��` aka,,, bfal iaabt�. sysfamki:' e�as�rk�calve ,.mam)'nie,eaMrouart�®a
;1n�.t4�'Pl�:tnz�aial
t lisiaKd'iai:acia�fic utt•Au'ed:
matte tf> aQ� •avaalloeailme:sare'adjtiste�. ifverefora- 'rt�mwenspoaatioa:cFmEppsam inemt� ibeurma$it�strtaaF re9!�ast'.is
tsge�aad�.
�. >. 3VIx�M�efioaand %r'ion.�Y�%w$hmFil:7alnrisl
Tltafhltowirtgpnreauas info'.f+eu�leene�edYO]a�eest an.adjisdoent tc� thastxwnts
Swialit nomvitarm�rte uttim=Mwasits
A .I?A *IuMUitika.cturac a�aainrc ea n l# i�taa �aistr ea
x. ThaLltlFmusEbeveae�eetfmlat�N+ m, �4eamoN7�thal aitlit�, g�ivd ;m.wLiahahcweratiacat�iw�ge
oaeursed: �xe>�Ja, if77retiilHngpaiodis.fi�2�fQ} — i1�5743, Iketr'tha.LlAEmuslbe meoeivedJ�r>R�'ao:later than
�x
aitvLTMnAmtbe umompmuea- pym ---d i w1bIlowiug=
t.. Anir�wthe repair wotlZlZxEr hadiaslaliahon.
ii. A... nrjtilzdMer :shawih��ere�wdkarptna�tiaiion
A.; 4`# �s> �UVi7ro�a�tu' p= o$ tmnae. co�tuftiiaAde�aittoiYlttgsh '�Stfia'.tttaAt'ETang
„3n,Q6Dgallats(saxsm.s CCIF)Ihezustmier mW be mq=dtDsbDw proet" the Califocam
Raglarial't & rC�ueligCatitaaSmASmAaAvaR nma has beea'pmpedymou'Sed.
Ai,rtenb'$:iSnrBe
:. �dlus tut: a, �jl!€ 4114sa�' f® rwar�eedingwl U' Ce' 3G° Ypatwve. that. �&oYmk`rLhYdinBP9ziodaIl4�lian.
.. The.matlilaum stincItestfwa stu&valvaor main) brmk Will be 24homaatftflow rate for tfratpadiailauvatve.
Freq�m�:edj etrtmqu won, , thx: sam' a' accouvtmaybe padiallyVpmvedwdaniedifdreavocutisklen tMedas
havittgsltto=over alloeation use. Chmvie over oloceRmuseidb6nedas•ifiuee ootsawttivermat8hs orut;out of
tma4¢ a .mvnthsai�mver�allaeafionus
:4zEusWrantPnvcazvmr�
:LLrW's wffl bepromseti iatheonlar in which they=received. If mLLIAFis -m umtad doo�taincamglero.ixt'amiafiar� the xweiptdste
wig be ex elate onvAiich:ft israsa?n duel.IRWD as nataesponsible for lost or misdinctedUMs. It is stronglyrammmmtdW that.the
cusWbW keep-ixipita.of all sebmtUad: LWs.
AEE Lmue
If'Ihe �r gafvr the accoW#t is u porrect, a uatstomer can request a change to theacraage listed'lor,theaccouatand adittstmera of
•
SubmibaPmuffisWd Lendsc;qptbrigation Accourd Acre Charge Rsqucst(LLAACR) along with a aft map uxlknding the
meta iedgberaluitSra.siiced by thaipanc�tdar metar.
If the am cbmgg is aptaoye;A theaatxwot's previous brills will be recalculated, using the ubtreete-d acteogc, for a period of six months
or from the be8�ining of th'c HZWD fiscal year (Julyl� whichever isgreater.
57
n
1.1e^y
�d �
✓F,. a ���t. a.��e_ea�e�6 s8 .�.��l.eau� o-.cs .. tea.. _ a _. _ 1
.� ue
k/� 7
#77'
�fk
03
7
ro
� } §
59
«,
M\
iiiiIIIIIIIIIIIIiiiii
59
«,
Wing.tbe Meter airdAlocaboil. Log
: W *40 "0*
an
M
koww Uswtm u* Sbftt
4y .11101
A 114
Ok In
we
tv
iTTOdw$
wo
ow it. *%q k*
AU
=
A
4. %r
,�npy df;gs 4 ah
Jf*0 'not
Wm', in the
i aerate v.
- p lbrth,
Adgrin the'Vire i o
owie"WaMr hk
Xhi 4
ri* cstY fag
"NiFite.Q.in,;;, site AverAiNO-11-
this
numb,• hi 'COUmn If ihd number Is
cP 161heIrrigation ufie*&.
WsWr D1sW"RWD)vWaVNs OWU
jO0rg'sM:WMWdav1 : ?sKFr,up WW
mppOng
ScAkdd.41W
r
duo-,
,,4, 0, ;Ude &W W IRM recolOw" is W*b
.perlua4slg irri q*,w4qriqgUe
ea*Anmnw weasureba
stroams in this, grewing,4sam
C*44thm-17
How'AllocaMoutWork
LP&o.". ater-use
by�thp� 'fai"e of Uripied fapd§ppe -,".ET
..,sqqg.e ond
for, exatir*Vm.eday that;*&irred-dairing dw*mv
Change:" every bill.
For
Ce" t9d, 1p.c eK .. - waman
in 10U.p . ent son. Tnom
factor. bulk ihtc4lie formula because you
are. n&- eWcte.d to change.your COntro * UM daily, nor
have a perfect irrVation system. If you-ty4eve.-You ha
more aowqe than is indicated on your bhlconftct.Ni
Mrvos at 949-4534324.
IRWW4; rubes OwdoWis 'per CCF), fdir landUatoe'Irrilgad"
PoUblia:Watw
Redlahned Water
10& Mto 4OW041fWatbr
.72
�swBalv&XmM, 4M to. 00% of Aftdtft
AS
8;
m - OT A, UM
1."
LSS
,Mm�m
O�Kftwe - 111%AO. 120% over alllhMidn
.$3.52
3A6
Wa6 befull -1-211% or inorg otter allocation
$,7.04
$6.32
ME
Aw"MA NOW
Atbbffi Wiu�ei
Maw XWOW
Owd4d,pejason
P4,WNpmbw
Bmingpaxw *UM
Amwuntlobeadjusted
ROMOR Aw AQUOTIM,
$T'I"rYALNX"gk
Simof,valve-, GPM
To
W95
now longwa*lt Stackvpen?
Please submittlinfamiand apyinvoiumselatedto the probilm to,
consaxotion Dqwtmem
.PO Box 57M
ltd CA .92619-74DQ6
Fm ")4536$�
If you-have my questions, pleasecall:(949) 453.5324
Comments:by Conservation Department:
Approved Not Approved CSR#
61
M)e F.,WawIaR16
E
Suggested WEB(LY Watering Schedule by Montt for spray -head irrigation systems.
40y'eydinfl your irrigation timer to turn on for the suggested number of minutes an hour apart you
reduce runoff and gain deeper watering and healthier root graMh. Start Math this v,eoldy schedule and
Increase the times only if your plants show sign; of stress. if stress occurs only In Isolated arcs, dredc
your Irrigation system before increasing the time.
••in September, plants water needs drop by approximately 30 percent even If the temperature is
hotter, for two reasons. fiat the days are shorter, so evaporation dacreases- Second, plants begin to
go Into a dormant phase where they need less water. In some years, humidity is also higher,
decreasing plant water needs os it slows the rate of evaporation. This rapid drop In rater needs will
continue In October and November.
'Some Irrigation controllers have a feature by %*J h the watering time can be set by changing the
percentage Instead of specifically entering the days, cycles and minutes.
62
CONTRACT SERVICE AGREEMENT FOR
LANDSCAPE MAINTENANCE
THIS AGREEMENT, entered into this — day of August of 2006.
( "Commencement Date ") by and between the City of Newport Beach, a Municipal
Corporation and Charter City ( "City "), and TRUGREEN LANDCARE, L.L.C., a limited
liability corporation located at 1150 W. Trenton Avenue, Orange, 92867 ( "Contractor or
TruGreen "), 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. Prior to August 1997, City maintained turfgrass in City parks and facilities
using its own employees and equipment.
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 City.
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 price specified in this Agreement.
0
0
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 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 extensions to automatically
commence upon the expiration of the initial term or any extended term, unless the City
notifies Contractor in writing at least thirty (30) days before the end of the initial term or any
extended term, of its intent to terminate this Agreement at the conclusion of the initial term or
any extension. Time is of the essence in the performance of services under this Agreement.
2. SCOPE OF SERVICES
A. In compliance with all terms and conditions of this Agreement, Contractor
shall perform the landscape and maintenance services specifically described in, and in strict
compliance with the requirements of Exhibit A (Scope of Work), which services may be
referred to herein as the "services" or "work" hereunder, at the park and facility locations
noted by Exhibits B and C. The services shall be performed at least as frequently as specified
in Exhibit D and in compliance with the time schedule set forth in Exhibit E. 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 F.
Reports shall be submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices
and Costs are contained in Exhibits H through J. All of the Exhibits are considered to be a
part of, and are incorporated into, this Agreement by reference.
B. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized by one or more first -class firms performing similar work under similar
circumstances.
2
0 0
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 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, two
(2) irrigation technicians each with a fully stocked vehicle, four (4) positions to perform the
mowing/turf maintenance, four (4) positions to perform detailed maintenance, and one (1)
position to perform general litter control, refuse removal, and grounds policing with a truck.
D. Work shall be performed by competent and experienced workers. All
irrigation maintenance and repairs shall be performed by a California Landscape Contractors
Association, Certified Landscape Technician-I (Irrigation).
E. The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications. Supervisors and
lead workers must communicate effectively, both in written and oral English, and shall
be present at all times during contract operations. Any order given to these supervisors or
lead workers shall be deemed as delivered to the Contractor.
F. All pesticide operations, where required, shall be performed by a California
State Licensed pest control operator through written recommendation by a California State
Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all
local, state, and federal laws and regulations regarding pesticide usage.
KI
G. 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.
H. 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.
1. All work shall be performed in accordance with the highest landscape and
maintenance standards.
J. 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.
K. Contractor shall provide an Operations Manager to coordinate work with the
City Administrator and ensure satisfactory performance of contract services. An area
supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms
of this Agreement.
4. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the Contractor's performance of the services required by this Agreement,
and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes
penalties or interest levied, assessed or imposed against City hereunder.
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be
responsible for the service of the other.
rd
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Four Hundred and Seventy Four Thousand,
Nine Hundred Ninety Seven ($474,997.00) per year ( "Contract Amount ") to perform all the
work and services contemplated by and described in Exhibits A through G. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after approval of an invoice by the City. Payment shall be deemed made when deposited in
the United States mail, first class postage pre -paid, and addressed to Contractor as specified
in Section entitled "Notices ".
Upon the second anniversary of the Commencement Date and upon each anniversary
of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion
to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase
set forth below. Such adjustment shall be made by multiplying the original Contract Amount
by a fraction, the numerator of which is the value of the Consumer Price Index for the
calendar month three (3) months preceding the calendar month for which such adjustment is
to be made and the denominator of which is the value of the Consumer Price Index for the
same calendar month immediately prior to Commencement Date. 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 2008 and the index to be used for the denominator is the index
for the month of March preceding the Commencement Date. The "Consumer Price Index" to
be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items),
for the Los Angeles Anaheim Riverside Metropolitan Area, 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
5
0 0
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 F in
performing contract services. Any deviation from the materials described in Exhibit F 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,
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 famish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, except such
losses or damages as may be caused by City's sole negligence or willful misconduct.
B. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives or
officers.
D. Contractor shall repair damaged irrigation pipes, controllers and valves only
after the City Administrator has approved a written estimate of the cost of repair.
E. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover, mulch and bark) which requires replacement due to the
failure of Contractor to properly perform the services required by this Agreement or has been
L
9 0
damaged by the acts of Contractor or its employees. Contractor shall replace plant materials
damaged or destroyed by the acts of others only after the City Administrator approves a
written estimate of the costs of replacement including materials and labor costs.
10. FAMILIARITY WITH WORK
A. By executing this Agreement, Contractor warrants that Contractor (a) has
thoroughly investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Contractor warrants that Contractor has investigated the site 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 of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless of
7
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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 one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately to the
work to be performed under this Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with work to be performed under this Agreement, including
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coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two
million dollars ($2,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile
liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to liability arising out of
work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City,
its elected or appointed officers, officials, employees, agents and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from the Contractor's operations or
services provided to City. Any insurance maintained by City, including any self - insured
retention City may have, shall be considered excess insurance only and not contributory with
the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V, Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers, officials, employees,
agents or volunteers.
A. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar
days (10 calendar days written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's performance
under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted or
purported assignment without consent of City shall be null and void. Contractor
acknowledges that these provisions relative to assignment are commercially reasonable and
that Contractor does possess special skills, abilities, and personnel uniquely suited to the
performance of contract services and any assignment of this Agreement to a third party, in
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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. 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.
E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Contractor shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records. Contractor shall maintain and
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
15. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
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
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contemplated by this Agreement. City also agrees to provide all such materials in a timely
manner.
16. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance services as
requested by the Administrator. The Administrator may give verbal authorization for
additional services up to $500. Administrator shall provide Contractor with written
authorization prior to the performance of any additional services that exceed $500.
Contractor shall be compensated for additional services in accordance with the unit prices
specified in Exhibits H through J.
B. City reserves the right to withdraw certain park or facility locations from the
Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify
Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the scope of services,
compensation to Contractor shall be reduced in accordance with the bid unit costs specified
in Exhibits I and J. In the event the location is withdrawn for a period of less than a full l
(one) year term, Contractor's compensation shall be reduced on a prorated basis.
17. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its duration, or
the value of the work done, or of any work omitted, or of any extra work which Contractor
may be required to do, or respecting any payment to Contractor during the performance of the
Agreement, such dispute shall be decided by the City Manager and his decision shall be final
and binding upon Contractor and his sureties.
18. WORK DEFICIENCIES AND CORRECTIONS
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
out) and deducting any associated costs plus overhead incurred thereby from the total monthly
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compensation due the Contractor; (b) deletion of site(s) from the Contract and reducing the
corresponding compensation for that month; (c) contracting with another Vendor to perform the
maintenance and other services required for the remainder of the term of the Contract with
respect to the site where the deficiencies exist and deducting from the Contractor's total
compensation under the contract any costs that City pays or becomes obligated to pay the new
Contractor, including expenses City incurs over and above the monthly billing rate by the
Contractor for that site; (d) terminating the agreement; and/or (e) taking any other action and
exercising any other legal remedy available to the City under law.
19.
Contractor shall not be reimbursed for any disposal fees or other expenses.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the amount of this Agreement, in the form provided
by the City Clerk, which secures the faithful performance of this Agreement, unless such
requirement is waived by the City Administrator. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during the entire term of the Agreement and shall be null and void only if the
Contractor promptly and faithfully performs all terms and conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory only if
issued by a company qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and
only if they are of a financial category Class VII or better, unless such requirements are
waived by the Risk Manager of the City.
21. LABOR
A. Contractor shall 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
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performed for each craft, classification, or type of workman or mechanic needed to
execute the contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 7034774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive).
22. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against
any subcontractor, Contractor, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin, or other basis that is violative of the federal or
state constitution or federal or state law. Contractor's obligation not to discriminate shall
apply, but not be limited to, the following: employment, upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeable financially affect such interest. The Contractor will
provide a completed disclosure form noting the above. Contractor will comply with the Act
and relevant City Resolutions.
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.
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All notices, demands, requests or approvals from Contractor to City shall be addressed to
City at:
City of Newport Beach
3300 Newport Boulevard
P.O. 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:
TruGreen Landcare, L.L.C.
1150 West Trenton Avenue
Orange, CA 92867
26. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the provisions
of this Agreement in the manner required or if Contractor violates any provisions of this
Agreement, Contractor shall be deemed in default. if such default is not cured within a
period of two (2) working days, or if more than two (2) working days are 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 maybe terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to Contractor that portion of compensation
specified in the Agreement that is earned and unpaid prior to the effective date of
termination. The Contractor may only terminate the Agreement in the event of nonpayment
by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30)
days written notice thereof and the City shall have fifteen (15) working days to cure the
alleged breach."
C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant
to law, City shall have the right to withhold all or a portion of Contractor's compensation for
contract services if, in the judgment of the City Administrator, the level of maintenance falls
below appropriate landscape or hardscape maintenance standards and/or Contractor fails to
satisfactorily perform contract services. City shall have the right to retain funds withheld
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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 tern,
covenant or condition contained herein whether of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties and all preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied
covenant shall be held to vary the provisions hereon.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Contractor and City and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
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.
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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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
BY Cvu— c
Aaron Harp
Assistant City Attorney
ATTEST:
OA
r �
CITY CLERK
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CITY OF NEWPORT BEACH
A Munic'pal Corpor o
By: �.
Don Webb, Mayor
City of Newport Beach
CONTRACTOR: �
TRUGREEN LANDCA--L.L.C.
Title:
By:
Title:
List of Exhibits
Exhibit A
Scope of Work
Exhibit B
Parks/Facilities Maintenance Locations
Exhibit C
Parks /Facilities Turfgrass Maintenance Locations
Exhibit D
Maintenance Frequency Schedule
Exhibit E
Parks/Facilities Mandatory Schedule
Exhibit F
Standard Materials
Exhibit C
Required Reports
Exhibit H
Unit Costs
Exhibit I
Bid Unit Costs (Parks/Facilities Maintenance Locations)
Exhibit J
Bid Unit Costs (Parks/Facilities Turfgrass Maintenance Locations)
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EXHIBIT A
Scope of Work
I. INTENT
The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that such sites be
kept in a healthy, vigorous, and well -kept state at all times.
B. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform park
maintenance as described herein including, but not limited to, the following:
1. Turfgrass weed eradication and control both mechanically and with chemicals
2. Fertilizing.
3. Irrigation repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hardscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
C��1'LI] t7:� 1►[!7: [1111.701
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. nor after 5:00 p.m.
D. TERM OF CONTRACT
The term of this agreement shall be for a period of twelve (12) months. The City
reserves the right to terminate the agreement unilaterally at any time upon thirty
(30) days written notice to the Contractor. Unless terminated by the City, the
Agreement will be automatically renewed in one (1) year increments. In
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determining whether the Agreement should be terminated, the City will evaluate
the performance of the Contractor and determine whether the Contractor's
performance is satisfactory.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest park maintenance
standard, as stated in the enclosed maintenance specification description.
Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within this
document and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and/or failure to
perform an item or work on a scheduled day may, at the City's sole
discretion, result in deduction of payment for that date, week, or month.
Payment will be retained for work not performed until such time as the work
is performed to City standard.
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
VII.
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a weekly meeting with the
Contractor and the City representative to determine progress and to establish areas
needing attention. A monthly maintenance schedule will be submitted in writing
to the City by the first of said month.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor and
if not corrected, payment to the Contractor will not be made until condition is
corrected in a satisfactory manner as set forth in the specifications.
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the
work called for in these specifications or reasonably implied by terms of same.
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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.
All correspondence shall be addressed to Dan Sereno, Parks and Trees
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884.
1X. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is
given for said work and the estimate is approved by the City before the work is
commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be required on some
occasions.
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 nor the cost of
disposal. Contractor shall pay all disposal fees and provide documentation
evidence of recycling to include location, tonnage, etc. on a monthly basis to the
City.
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XII. RECORDS
XIII.
•
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.
The contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Parks and Tree Maintenance
Superintendent. This report should also contain a description, including man-
hours, equipment, and materials breakdowns and costs used to accomplish any
additional work which the contractor deems to be beyond the scope of the contract
and which has been approved by the City in accordance with the Agreement.
Payment for any extra work will not be authorized unless the additional work, and
costs thereof are first approved by the City in accordance with the Agreement.
The Contractor shall, within fifteen (15) days of the effective date of an executed
agreement, prepare and submit a written annual maintenance calendar to the Parks
and Trees Maintenance Superintendent. This maintenance calendar shall clearly
indicate all of the park 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.
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 volley ball courts, seeding, preventive
and curative application of fungicide, herbicide or any required pesticide
applications and plant replacements.
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Positions used for all specialty operations shall be in addition to those positions
outlined on page 3, 3C.
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.
XVI. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working
hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by radio 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.
XVII. SCHEDULES
Annual Schedule
1. The Contractor shall provide an annual maintenance schedule indicating the
time frames when items of work shall be accomplished per the performance
requirements.
2. The Contractor shall complete the schedule for each park in a manner which
shall correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by day
of the week and by morning and afternoon.
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2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted one week prior to the effective date of
the contract. Thereafter, it shall be submitted weekly on Thursday mornings
for City approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Trees Maintenance
Superintendent at least twenty-four (24) hours prior to the scheduled time for
the work.
5. Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may, at the City's sole discretion, result in deduction of
payment for that date, week or month.
6. The Contractor shall adjust his/her schedule to compensate for all holidays
and rainy days. Maintenance and litter removal shall be scheduled for all
holidays and rainy days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly schedule.
XVIII. Performance Durine Inclement Weather
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his/her work force in order to accomplish those
activities that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall result
in deduction of payments to reflect only the work actually accomplished.
3. The Contractor shall immediately notify the Parks and Trees
Maintenance Superintendent when the work force has been removed
from the job site due to inclement weather or other reasons.
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
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Maintenance Superintendent and Underground Service Alert (1- 800-422 -4133) 48
hours before commencing any excavation, to locate underground service lines.
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:
1. A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within
24 hours of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To
Use Restricted Materials ", 24 hours before application.
5. A list and Environmental Protection Agency numbers and Material Safety
Data Sheets of all the pesticides Contractor intends to use for this contract,
before any such use.
6. The contractor shall not use any pesticide that has not been authorized by the
Parks and Trees Maintenance Superintendent.
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TECHNICAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
1. 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", Exhibit D. 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.
2. All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
3. Contractor will keep all gutters, curbs, and walks adjacent to contract areas
free of weeds, trash, and other debris.
4. Contractor will keep sidewalks free of algae where constant runoff occurs.
5. Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
6. Contractor will clean sidewalks, roadways, and any other areas littered or
soiled by his maintenance operations.
7. The Contractor shall maintain the premises clean of debris at all times.
Upon completion of any work project, the Contractor shall remove
remaining excess materials, waste, rubbish, debris, and his construction and
installation equipment from the premises. Any dirt or stains caused by the
work shall be removed. Existing City trash containers shall not be used by
the Contractor for his debris.
8. Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
9. Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
10. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
11. Contractor must notify City within one (1) hour of malfunctioning facilities
or conditions that may break, malfunction, or interrupt the public's use of
City facilities.
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12. All insects 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.
13. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
14. All broken glass and sharp objects shall be removed immediately.
15. All areas, benches, picnic tables, and associated park amenities shall be
inspected daily and maintained in a neat, clean and safe condition at all
rimes.
16. 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.
17. All sand and wood chip areas abutting maintained areas shall be cleaned
when dirtied by Contractor's operations and at other times as required.
18. Trash cans provided by the City shall be 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.
19. 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.
20. 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.
21. All barbecue grills shall be emptied of all ashes once per week.
Il. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned monthly or as needed to
insure consistent unrestricted water flow.
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2. Any damage to structures shall be noted immediately to the Parks and Trees
Maintenance Superintendent.
3. Failure to properly maintain drainage systems or to notify the Parks and Trees
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrigation System Maintenance
The Contractor shall maintain the complete sprinkler system in an operable
condition in those locations where operable systems exist. This includes but
is not limited to controllers, backflow devices, moisture sensors, manual and
remote control valves, wiring, pipes, vaults, heads, and anti-drain valves. The
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 rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Trees
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of
Newport Beach standard irrigation specifications.
h. Irrigation programming charts will be included in each monthly report.
i. Areas that require irrigation will have such accomplished no earlier than
11:00 p.m. nor later than 6:00 a.m.
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j. Contractor will maintain moisture sensors at all sites at which such a unit
is installed.
2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the system.
3. Irrigation systems shall be thoroughly inspected by operating all control
valves and checking for proper coverage, leaks, valve actuation, proper
timing, and other operational conditions. Such inspection shall be made
weekly. However, the contractor shall be responsible for the proper operation
of the system at all times and shall provide for obvious repairs as they occur
or are needed.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as needed to
maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -third
(1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing.
c. Clippings shall be collected and removed unless otherwise directed by the
City.
d. Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not
be permitted.
e. Chemically kill turf around trees, as needed, a maximum of six inches
from the tree base or as directed by the City. If a tree wound is present
then hand trimming is required. A 2" layer of bark mulch shall be
maintained in this area.
f. Mechanically trim around vaults, posts, and other similar features on a
weekly basis.
g. Mowing equipment shall be approved by the City. Equipment must be
sharp and properly adjusted to avoid damage to the turf plant.
h. Pick up all litter prior to mowing.
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2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 3/4 to 1 1/4 inches.
b. Cool season turf including bluegrass, perennial rye, fescues - 1 1/2 to 2 1/2
inches.
c. Kikuya and St. Augustine turf - 1 1/4 to 1 3/4 inches.
3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized three times per year using a homogenous, pellet or
granular slow release material. City must approve the material used. Apply at
the following rates and time:
a. February: 22 -3 -9 (or approved equal) fertilizer at one pound actual
nitrogen per 1,000 square feet.
b. June: 21 -3 -5 (or approved equal) fertilizer at one pound actual nitrogen per
1,000 square feet.
c. October: 16 -6 -8 (or approved equal) fertilizer at one pound actual nitrogen
per 1,000 square feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and
other hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at individual parks as
directed by the City in the month of December and review the analysis
with the City representative in the month of January.
f. All materials must be approved by the Parks and Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and Tree
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.
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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 1/2" core spoons at not
more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
d. Topdress with approved tpdress 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, 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. Use by the public will dictate schedules, and noise levels will be
kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free condition.
31
a. Weeds shall be removed as they appear. A pre - emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 12 -4 -6 slow - release turf fertilizer, at
a rate of 2 pounds actual fertilizer per 1,000 square feet.
d. Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
e. Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
f. Control pests, including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
g. Bare ground cover areas shall be kept cultivated and raked of all debris.
h. Bark mulch should be replaced as needed to ensure at least 2" of mulch at
all times.
Shrub. Vine. and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the
Parks and Tree 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.
e. Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
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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, mores, and other similar plants shall be removed
immediately after blooming or as directed by City.
h. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
i. Growth of woody plants shall be encouraged except where it interferes
with circulation, maintenance activities, roadways, drainage facilities,
fence lines, or other structures. Dead branches of plants shall be removed
regularly.
j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
k. Bark mulch should be replaced as necessary to ensure 2" of mulch at all
times.
1. All plant material will be trimmed to protect property owners' ocean
views, bay views, vistas, etc. as needed or as directed by City staff.
2. The Contractor is responsibility for trimming all trees up to eight (8) feet in
height. Trees shall be trimmed as necessary to maintain adequate pedestrian
and vehicle traffic and to provide clearance from buildings, signs and other
similar features.
a. Remove all suckers from base of trees as they develop throughout the year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor shall stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
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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.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be done at
the direction of the City and at the prescribed unit price. All such pruning
shall be made in accordance with current International Society of
Arboricultural techniques and practices that promote the natural character of
the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
normal conditions.
Hardscaoe Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks,
patios shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
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2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be
blown or otherwise swept onto adjacent streets or property. All debris
must be picked up by the Contractor and removed from the site. Any
equipment that is used for cleaning hardscape must be approved by the City.
General Grounds Policine
1. The Contractor shall provide general grounds policing and inspection six (6)
days per week, except general grounds policing and inspection will be seven
(7) days per week from Memorial Day to Labor Day.
a. Remove all litter and other debris from site six (6) days per week and
seven (7) days per week from Memorial Day to Labor Day.
b. If refuse or litter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
notification by the City. Failure of said removal may result in
deduction of payment for that date, week, or month.
c. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Trees Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions of all
structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
4. Graffiti
Sand/Wood Chip Areas:
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 rototilling, 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
35
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.
Specialty /Snorts Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts,
bicycle trails, all asphalt, concrete and decomposed 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.
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.
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Drinking Fountains:
1. Inspect, clean, adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Disposal
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall
pay all disposal fees and provide documentation evidence of recycling to include
location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the
City by 30 days after the end of each calendar quarter.
Water Conservation
Contractor shall appoint a staff member to act as the Water Manager. Contract
personnel performing water management duties shall have the following abilities
and must meet the following requirements.
Abilities
1. Meet Irvine Ranch Water District Landscape Irrigation Guidelines and
monthly water allocations.
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain all parks and landscape in a usable condition (no flooding due to
over - irrigation).
5. Troubleshoot and diagnose irrigation systems and take corrective action.
Requirements
1. The Water Manager shall program all controllers weekly according to the
Irvine Ranch Water District allocation.
2. The Water Manager shall notify the Contractor or City Representative of
all required repairs.
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3. The Contractor shall meet the Irvine Ranch Water District (1RWD)
monthly water allocations for each meter on all streetscape and park
applications. Maintain healthy plant material, and avoid monthly IRWD
penalties.
Damages for Water Management
1. Should the contractor exceed the 1RWD allocation, all penalty charges for
water used above the allocation will be deducted from the contractor's
monthly billing.
2. Deduction shall exclude all approved appeals such as mainline and control
valve failures.
3. The City's Representative shall meet monthly with the Contractor's
Representative and the Contractor's Water Manager to review over
allocation water billing to determine which water billing appeals are to be
approved and which are to be waived.
4. Over - allocations that do not qualify for appeal or have not been waived
will be deducted from the Contractor's monthly payment.
Native and Drought Tolerant Park Maintenance — Back Bay View Park and
Morning Canyon
These requirements are in addition to the above written Technical Maintenance
Specifications:
1. All native and drought tolerant plant material at these sites will be
maintained in their natural shape. All dead wood for natives will remain
on the plant or where it has fallen.
2. The areas shall be maintained weed free. Only manual pulling or
mechanical cultivation of non - native weed species will be allowed.
3. The contractor's maintenance personnel will be trained to distinguish
weedy plant species from native or drought tolerant vegetation to ensure
that only weedy species are removed.
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.
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6. For Morning Canyon, 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.
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• i
EXHIBIT B
Parks/Facilities Maintenance Locations
Parks
Address
Acreage
Arroyo Park
1411 Bayswater, Bison Ave. at Bayswater
8.0
Back Bay View Park
Jamboree Road P, Pacific Coast Hwy
8.13
Bayside Drive
Ba side Dr. between Camation and Larkspur
4.4
Bayview
Mesa Dr. Bayview Ave.
3.0
Begonia
Begonia Ave. at First Ave.
2.1
Bob Henry
16" Street 0, Dover Drive
4.8
Bonita Creek
University Dr. La Vida
10.0
Buffalo Hills
Newpo rt Hills Dr. East/West Ford Rd.
15.0
Castaways Parldrig Lot & Trail
16" Street Dover Drive
1.83
Eastbluff
Vista Del Oro Vista Del Sol
13.9
Irvine Terrace
Seadrift Dr. Evita Dr.
6.8
Jasmine View
Harbor View Dr. Marguerite Ave.
1.0
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
2.7
Moroing Can on
Comer of Surrey Drive P Rockford Road
1.0
Old School
Carnation Ave. @ 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
4.1
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
7.3
Spyglass Hill
Spyglass Hill Rd @ El Ca itan Dr.
1.4
Spyglass Hill Reservoir
Muir Beach Circle
1.0
Sunset View
North of PCH off of Superior Ave
0.7
Total Acreage
97.96
Facilities
Address
Acreage
Central Library
1000 Avocado Ave.
3.3
Police Department
Santa Barbara Drive Jamboree
0.4
Total Facilities Acreage
3.7
Grand Total 101.66 acres
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EXHIBIT C
0
Parks /Facilities Turfgrass Maintenance Locations
Parks
Address
Acreage
Bolsa
Bolsa Ave. P Old N" port Blvd.
0.1
Channel Place
Channel Place 44's St.
I
Cliff Drive
Cliff Dr. Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. @ El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
I
Grant Howald
Iris Ave. @ 5'" Ave.
2.5
Harbor View Nature
San Miguel Dr. Pacific View Dr.
1
Kings Road
Kings Road west of St. Andrews Road
0.1
"L" Street
"L" St. Piazza del Sur
0.5
Las Arenas
Balboa Blvd. @ 16" St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. Irvine Ave.
5
Newport Island
Marcus 39t' St.
0.1
Newport Shores
6151 St. @ Coast Blvd.
0.1
Oasis Passive
Marguefite Ave. 5h Ave.
3.4
Ocean Blvd, Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
1
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
Veteren's Memorial
15r° St. @ Bay Ave.
0.4
Westcliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
0.2
West Newport
Seashore Dr. between 57d' St. & Santa Ana River Jetty
4
38th Street
Balboa Blvd. 38'" St.
0.3
Total Acreage
27.9
Facili
Address
Acreage
Fire Stations:
1
Balboa Blvd. @ Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
3
Santa Barbara Dr. @ Jamboree Rd.
0.1
5
Marigold Ave. between PCH/2nd Ave.
0.1
6
Irvine Ave. @ Dover Dr.
0.1
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Libraries:
Balboa
Balboa Blvd. Island Ave.
0.2
Corona del Mar
Mari old Ave. between PCH /2nd Ave.
0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. Jasmine Ave.
1
City Hall
3300 Newport Blvd. 32nd St.
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd. @ McFadden PI.
0.2
Oasis Senior Citizens Ctr,
800 Marguerite Ave. @ 5th Ave.
1
W. Nwpt Community Ctr.
883 W. 15th St. off Placentia Ave.
0.1
Total Acreage
12.1
Grand Total 40.0
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EXHIBIT D
Maintenance Frequency Schedule
FUNCTION 11FREQUENCY
Irrigation Inspection 11
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
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 Policing /Litter Removal
Six days/ week
Seven days/ week Memorial Day thru Labor Day
Site Inspection
Six days/ week
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EXHIBIT E
11
PARKS AND FACILITY AREAS
Sites Requiring Mandatory Early Mowing
Before 7:00 a.m.
Before 9:00 a.m.
Before 10:00 a.m.
City Hall
38th St. Park
Las Arenas Park
Newport Pier Plaza
Peninsula Park
Oasis Senior Citizens Ctr
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
Lincoln Athletic Ctr
San Miguel Park
Begonia Park
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EXHIBIT F
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach before
installation. Any item not mentioned in the Standard Materials list must be approved by
Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
Heads
Toro 570 Pop Up (small turf areas)
Rain Bird 3500 (small / medium turf areas)
Rain Bird 5000 (medium turf areas)
Toro 2001 (large turf areas)
Toro 640 (large turf areas)
Toro 570 Pop Up / Shrub Adapter (small slope & groundcover areas)
Toro 300 Stream Rotor (medium slope & groundcover areas)
Toro XP 300 Stream Rotor (large slopes & groundcover areas)
Toro 500 Flood Bubbler (tree wells)
Head model to be selected by the City of Newport Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
Controller
Rain Master Evolution DX2 irrigation controller
Rain Master RME Sentar (contact city before using)
Drip and specialized low - volume irrigation
Rain Bird Xerigation
Battery Powered Irrigation
Rain Bird TBOS Battery Operated Controller
Rain Bird GB Series Remote Control Valve
Rain Bird Potted Latching Solenoid
Miscellaneous
Febco 825Y RP
Rain Bird #ST -03UL Snap Tite Connectors
45
0 0
Rain Bird #PT -55 Snap Tite Sealer
Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
Griswold DW Series Valve (Control Valve)
Griswold 2160 Solenoid Valve (Normally Open Master Valve)
Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
Matco 754 Series Full Port Ball Valve
Schedule 40 PVC Lateral Pipes
Class 315 Main Supply Pipe (2" and larger)
Schedule 40 PVC Main Supply Pipe (1 -112" 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.,
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
Parks and Trees Maintenance Superintendent before planting.
All pesticides proposed to be used must be submitted to City with application location
and written recommendation from the Contractor's Pest Control Advisor prior to use.
All materials must be properly labeled and certified for intended use. Proper and
legal disposal of any and all pesticides used is solely the responsibility of the
Contractor. All state, county, and city laws regarding pesticide use and disposal must
be followed.
M
• •
EXHIBIT G
REQUIRED REPORTS
1. 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
9. Extra work approval list
10. Weekly maintenance inspection list for all sites
11. Manual irrigation schedule
12. Annual pesticide safety training records
13. Required tailgate safety meeting records
14. Monthly maintenance report
15. Monthly greenwaste recycling report
47
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EXHIBIT H
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 -Real Blade $ 2 / 1000 Sq. Ft.
Turf Mow -Rotary Blade $ 2 1000 Sq. Ft.
Turf Mow and Clippings Picked Up $ 3 1000 Sq. Ft.
Turf Edge $1 / 1000 Linear
Ft.
Turf String Trim
Ft.
Turf Chemical Edge 6" Swath
Ft.
Turf Chemical Edge 12" Swath
Ft.
Turf Aerify
Turf Fertilize
Turf Dethatch/Renovate
Turf sweeping
Flail Mow of Natural Areas
M
$ 1 1000 Linear
$ 5 / 1000 Linear
$ 5 / 1000 Linear
$ 3 1004Sq.Ft.
$ 2 / 1000 Sq. Ft.
200 / Acre
$ 3 / 1000 Sq. Ft.
300 / Acre
C,
HARDSCAPE
Cleaning
GROUNDCOVERS
Mow
Edge
Ft.
Fertilize
PEST CONTROL
Turf disease/insect spray
Boom Application
Hand Application
Turf Broadleaf Spray
Boom Application
Hand Application
Groundcover disease /insect spray
Shrub disease /insect spray
Soil Sterilant Applicant
Turf Pre- Emergent
Landscape Planter Weed Control
General Weed Control Post Emergent
SHRUB PRUNING
14 Feet, Lacing
1 -4 Feet, Hedging
4 plus Feet, Lacing
4 plus Feet, Hedging
TREE PRUNING
Up to 8 Feet
PLANTING
1 Gal. Shrub
5 Gal. Shrub
15 Gal. Shrub
IS Gal. Tree with root barriers
24" Box Tree with root barriers
64 Count Flat Groundcover
16 Count 4" Flat Annual Color
Turf - Seed and Top Dress
Turf - Sod
M
E
44 1000 Sq. Ft.
$ 3 / 1000 Sq. Ft.
1Z_/ 1000 Linear
U__/ 1000 Sq. Ft.
L6 ___/ 1000 Sq. Ft.
56 / 1000 Sq. Ft.
10 / 1000 Sq. Ft.
$ 15 / 1000 Sq. Ft.
$ 10 / 1000 Sq. Ft.
10 / 1000 Sq. Ft.
$ 15 / 1000 Sq. Ft.
15 / 1000 Sq, Ft.
12Q--/ 1000 Sq. Ft.
15 / 1000 Sq. Ft.
$4 /Shrub
$4 /Shrub
$ 8 /Shrub
$ 6 /Shrub
$ 20 /free
$ 8 /Each
$ 25 /Each
$ 65 /Each
$ 96 /Each
$ 2285 /Each
$ 20 /Flat
$ 30 /Flat
0.60 / 1000 Sq. Ft.
$ I / 1000 Sq. Ft.
C�
C�
LABOR
Landscape Maint. Supervisor
Pest Control Applicator
Irrigation Specialist
Landscape Maint. Leadworker
Equipment Operator
Landscape Maint. Laborer
Park and Facility Maintenance
Park and Facility Turgrass Maintenance
Park and Facility Native Park Maintenance
50
3$ Hour
45 / Hour
45 / Hour
$ 30 / Hour
45 / Hour
25 / Hour
$2,500 /Acre/Year
2,600 / Acre/Year
2,000 / Acre/Year
EXHIBIT I
BID UNIT COSTS
BID UNIT COSTS
Parks /Facilities Maintenance Locations
Parks
Address
Yearly Cost
Arroyo Park
1411 Bayswater; Bison Ave at Bayswater
$32,189.00
Back Bay View Park
Jamboree Rd P. Pacific Coast Highway
$25,820.00
Balboa Island Park
115 Agate Avenue
$1,588.00
Bayside Drive
Bayside Dr. between Carnation and Larkspur
$13,974.00
Bayview
Mesa Dr. Bayview Avenue
$9,528.00
Begonia
Begonia Ave. at First Ave.
$6,669.00
Bob Henry
16 Street Dover Drive
$15,244.00
Bonita Creek
University Dr. @ La Vida
$40,129.00
Buffalo Hills
Newport Hills Dr. East(West @ Ford Rd.
$47,640.00
Castaways Parking Lot & Trail
16 St. @ Dover Drive
$5,812.00
Eastbluff
Vista del Oro Vista del Sol
$44,146.00
Irvine Terrace
Seadrift Dr. Evita Dr.
$21,596.00
Jasmine View
Harbor View Dr. @ Marguerite Ave.
$3,176.00
Manning Tract
Newport Hills Dr. W. and Port Wheeler Pl.
$8,575.00
Morning Canyon
Comer of Surre Dr. Rockford Rd.
$3,176.00
Old School
Carnation Ave 4 Ave.
$2,540.00
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
$13,021.00
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
$31,553.00
Spyglass Hill
Spyglass Hill Rd. @ El Ca itan Dr.
$4,446.00
Spyglass Hill Reservoir
Muir Beach Circle
$3,176.00
Sunset View
North of PCH off of Superior Ave
$2,22-3,00
Facilities
Address
Yearly Cost
Central Library
1000 Avocado Ave.
$10,480.00
Police Department
Santa Barbara Dr. Jamboree
$1,270.00
51
•
EXHIBIT J
BID UNIT COSTS
Parks /Facilities Turfgrass Maintenance Locations
Parks
Address
Yearly Cost
Fire Stations:
Bolsa
Bolsa Ave. Old Newport Blvd
$317.00
Channel Place
Channel Place P 44 St.
$3,176.00
Cliff Drive
Cliff Dr. @ Riverside Dr.
$4,764.00
Ensign View
2501 Cliff Dr. @ El Modena Ave.
$1,588.00
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
$3,176.00
Grant Howald
Iris Ave. @ 5 Ave.
$7,940.00
Harbor View Nature
San Miguel Dr. P. Pacific View Dr.
$3,176.00
Kings Road
Kings Road west of St. Andrew's Road
$317.00
"L" Street
"L" St Piazza del Sur
$1,588.00
Las Arenas
Balboa Blvd. @ 16' St.
$634.00
Lido
Via Lido entrance to Lido Island
$1,588.00
Mariners
Dover Dr. Irvine Ave.
$15,880.00
Newport Island
Marcus p 39 St.
$317.00
Newport Shores
61n St. Coast Blvd.
$317.00
Oasis Passive
Marguerite Ave. @ 5 Ave.
$10,798.00
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
$3,176.00
Peninsula
Main St. @ East Ocean Front, Balboa
$11,116.00
Veteran's Memorial
15 St. A Bay Ave.
$1,270.00
Westcliff
Polaris Dr. @ Westwind Way
$3,176.00
West Jetty View
Ocean Blvd. Channel Rd., Balboa
$634.00
West
Seashore Dr. btwn 57 St. & Santa Ana River Jetty
$12,704.00
Wort
38 Street
Balboa Blvd. 38 St.
$952.00
Facili
Address
Yearly Cost
Fire Stations:
I
Balboa Blvd. @ Island Ave.
$317.00
2
32 St. Villa Way
$317.00
3
Santa Barbara Dr. @ Jamboree Rd.
$317.00
5
Marigold Ave. between PCH/2w Ave.
$317.00
6
Irvine Ave. @ Dover Dr.
$317.00
Libraries:
Balboa
Balboa Blvd, R Island Ave.
$634.00
Corona del Mar
Mari-gold Ave. between PCH/2 Ave.
$317.00
Miscellaneous:
CdM State Beach
Ocean Blvd. Jasmine Ave.
$3,176.00
City Hall
3300 Newport Blvd. @ 32d St.
$3,176.00
Lincoln Athletic Center
3101 Pacific View Dr.
$25,408.00
Newport Pier Plaza
Balboa Blvd. McFadden Pl.
$634.00
Oasis Senior Citizens Center
800 M erite Ave. 5 Ave.
$3,176.00
W. Nwpt Community Cit.
883 W. 15 St. off Placentia Ave.
$317.00
52
0 • Gl��Vv
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
August 22, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, (949) 644 -3055
mharmon(&-city.newoort-beach.ca. us
SUBJECT: Award of Contract for Landscape Maintenance Services with
Tru Green Landcare
ISSUE:
Should the City approve the attached Landscape Maintenance Agreement with Tru
Green Landcare to provide landscape maintenance for City parks and facilities and
subsequently approve the attached Budget Amendment to fund the additional cost over
the expiring contract?
RECOMMENDATION:
Award the attached Landscape Maintenance Agreement with Tru Green Landcare in
the amount of $474,997 to provide landscape maintenance services to City parks and
facilities and subsequently approve the attached Budget Amendment in the amount of
$84,682 to fund the additional cost over the expiring contract.
DISCUSSION:
Background:
The City of Newport Beach currently has 67 parks and facilities locations available to
the public. These locations fall into several categories, including:
• Community centers and libraries (Balboa Community Center, Central Library)
• City facilities (City Hall, City Corporate Yard, Police Station)
• Native /drought tolerant park sites (Castaways Park, Back Bay View Park)
• Sports field park sites (San Miguel Park, Bonita Canyon Sports Park)
• Passive park sites (Cliff Drive Park, Begonia Park)
• Landsw Maintenance Contract
August 22, 2006
Page 2
Project Description
The current contract for park landscape and turfgrass maintenance expires on
September 15, 2006. The scope of work in the proposed contract includes the
maintenance of landscape and irrigation systems for 67 City parks and facilities totaling
141.6 acres.
To ensure that a high standard of service is maintained, specifications for the
installation of material, the application of herbicides and fertilizers, and hardscape and
landscape maintenance schedules are detailed in the proposed agreement. The
agreement also contains a provision requiring minimum staffing levels and allows the
City to after the frequency of maintenance when necessary. Service levels will be
monitored by City staff who will also review the contractor's required reports of
maintenance activities.
The tern of the contract is for one year, and, due to the large commitment of personnel
and equipment required by the contract, there are four, optional one -year extensions.
An annual CPI increase is included after the 21 year of service. Experience has proven
that a mufti -year contract is the most cost - effective means to have maintenance work
performed for both the City and the contractor.
Bid Process and Analysis
A Request for Proposal was mailed to a list of qualified contractors at the beginning of
July. A mandatory pre -bid meeting and park site tour was held on July 26, 2006 at the
City Corporation Yard. Representatives from six private landscape maintenance firms
attended the meeting and tour.
The City received 4 bids for the project as follows:
Contractor
Tru Green Landcare
Park West Landscape
Dworsky Landscape Services
Midod Gardens
Annual Cost
$474,997.00
$582,021.23
$694,800.00
Incomplete Bid Package
Tru Green Landcare has over 40 years of experience in performing landscape
maintenance services and currently works with several local cities, including the City of
San Clemente, the City of Laguna Niguel, and the City of Cerritos. In addition, Tru
Landsce Maintenance Contract
August 22, 2006
Page 3
Green is currently contracted to perform landscape maintenance services for City of
Newport Beach roadsides and medians.
Environmental Review
This project does not require environmental review.
Public Notice:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Funding Availability:
Funding for this contract was included in the Fiscal Year 2006 -07 budget, but was
budgeted at the existing contract cost of $390,315. Due to increasing costs for
materials and resources, all of the bids received were higher than the current budget
amount. A budget amendment in the amount of $84,682 is attached to cover the
increased costs of the new contract.
Submitted b / Prepared by:
Mark Harm on Chris Marcarello
General Services Director Administrative Analyst
Attachments:
1. Contract for Landscape Maintenance Services of Parks and Facilities with Tru
Green Landcare
2. Budget Amendment
0 9
CONTRACT SERVICE AGREEMENT FOR
LANDSCAPE MAINTENANCE
THIS AGREEMENT, entered into this _ day of August of 2006.
( "Commencement Date") by and between the City of Newport Beach, a Municipal
Corporation and Charter City ("City'), and TRUGREEN LANDCARE, L.L.C., a limited
liability corporation located at 1150 W. Trenton Avenue, Orange, 92867 ( "Contractor or
TruGreen'), 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. Prior to August 1997, City maintained turfgrass in City parks and facilities
using its own employees and equipment.
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 City.
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 price 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 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 extensions to automatically
commence upon the expiration of the initial term or any extended term, unless the City
notifies Contractor in writing at least thirty (30) days before the end of the initial term or any
extended term, of its intent to terminate this Agreement at the conclusion of the initial term or
any extension. Time is of the essence in the performance of services under this Agreement.
2. SCOPE OF SERVICES
A. In compliance with all terms and conditions of this Agreement, Contractor
shall perform the landscape and maintenance services specifically described in, and in strict
compliance with the requirements of Exhibit A (Scope of Work), which services may be
referred to herein as the "services" or "work" hereunder, at the park and facility locations
noted by Exhibits B and C. The services shall be performed at least as frequently as specified
in Exhibit D and in compliance with the time schedule set forth in Exhibit E. 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 F.
Reports shall be submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices
and Costs are contained in Exhibits H through J. All of the Exhibits are considered to be a
part of, and are incorporated into, this Agreement by reference.
B. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized by one or more first -class firms performing similar work under similar
circumstances.
tj
0 0
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 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, two
(2) irrigation technicians each with a fully stocked vehicle, four (4) positions to perform the
mowing/turf maintenance, four (4) positions to perform detailed maintenance, and one (1)
position to perform general litter control, refuse removal, and grounds policing with a truck.
D. Work shall be performed by competent and experienced workers. All
irrigation maintenance and repairs shall be performed by a California Landscape Contractors
Association, Certified Landscape Technician-I (Irrigation).
E. The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications. Supervisors and
lead workers must communicate effectively, both in written and oral English, and shall
be present at all times during contract operations. Any order given to these supervisors or
lead workers shall be deemed as delivered to the Contractor.
F. All pesticide operations, where required, shall be performed by a California
State Licensed pest control operator through written recommendation by a California State
Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all
local, state, and federal laws and regulations regarding pesticide usage.
3
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G. 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.
H. 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.
I. All work shall be performed in accordance with the highest landscape and
maintenance standards.
J. 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.
K. Contractor shall provide an Operations Manager to coordinate work with the
City Administrator and ensure satisfactory performance of contract services. An area
supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms
of this Agreement.
4. LICENSES. FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the Contractor's performance of the services required by this Agreement,
and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes
penalties or interest levied, assessed or imposed against City hereunder.
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be
responsible for the service of the other.
2
• •
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Four Hundred and Seventy Four Thousand,
Nine Hundred Ninety Seven ($474,997.00) per year ( "Contract Amount") to perform all the
work and services contemplated by and described in Exhibits A through G. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after approval of an invoice by the City. Payment shall be deemed made when deposited in
the United States mail, fast 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 immediately prior to Commencement Date. 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 2008 and the index to be used for the denominator is the index
for the month of March preceding the Commencement Date. The "Consumer Price Index" to
be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items),
for the Los Angeles Anaheim Riverside Metropolitan Area, 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
terns 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
5
0 •
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 F in
performing contract services. Any deviation from the materials described in Exhibit F 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,
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 the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, except such
losses or damages as may be caused by City's sole negligence or willful misconduct.
B. Contractor shall advise the City Administrator of any damage to City
equipment or property immediately upon becoming aware of the damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees, representatives or
officers.
D. Contractor shall repair damaged irrigation pipes, controllers and valves only
after the City Administrator has approved a written estimate of the cost of repair.
E. Contractor shall, at its sole cost and expense, replace all plant materials
(including shrubs, ground cover, mulch and bark) which requires replacement due to the
failure of Contractor to properly perform the services required by this Agreement or has been
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damaged by the acts of Contractor or its employees. Contractor shall replace plant materials
damaged or destroyed by the acts of others only after the City Administrator approves a
written estimate of the costs of replacement including materials and labor costs.
10. FAMILIARITY WITH WORK
A. By executing this Agreement, Contractor warrants that Contractor (a) has
thoroughly investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Contractor warrants that Contractor has investigated the site 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 of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless of
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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 ELnor to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on file
with City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A (or higher)
and Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California; however, in no event shall
the Employer's Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately to the
work to be performed under this Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with work to be performed under this Agreement, including
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coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two
million dollars ($2,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile
liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to liability arising out of
work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City,
its elected or appointed officers, officials, employees, agents and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from the Contractor's operations or
services provided to City. Any insurance maintained by City, including any self - insured
retention City may have, shall be considered excess insurance only and not contributory with
the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers, officials, employees,
agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar
days (10 calendar days written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's performance
under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted or
purported assignment without consent of City shall be null and void. Contractor
acknowledges that these provisions relative to assignment are commercially reasonable and
that Contractor does possess special skills, abilities, and personnel uniquely suited to the
performance of contract services and any assignment of this Agreement to a third party, in
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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. 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.
E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Contractor shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records. Contractor shall maintain and
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
15. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
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
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contemplated by this Agreement. City also agrees to provide all such materials in a timely
manner.
16. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional landscape maintenance services as
requested by the Administrator. The Administrator may give verbal authorization for
additional services up to $500. Administrator shall provide Contractor with written
authorization prior to the performance of any additional services that exceed $500.
Contractor shall be compensated for additional services in accordance with the unit prices
specified in Exhibits H through J.
B. City reserves the right to withdraw certain park or facility locations from the
Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify
Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the scope of services,
compensation to Contractor shall be reduced in accordance with the bid unit costs specified
in Exhibits I and J. In the event the location is withdrawn for a period of less than a full 1
(one) year term, Contractor's compensation shall be reduced on a prorated basis.
17. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its duration, or
the value of the work done, or of any work omitted, or of any extra work which Contractor
may be required to do, or respecting any payment to Contractor during the performance of the
Agreement, such dispute shall be decided by the City Manager and his decision shall be final
and binding upon Contractor and his sureties.
18. WORK DEFICIENCIES AND CORRECTIONS
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
out) and deducting any associated costs plus overhead incurred thereby from the total monthly
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compensation due the Contractor; (b) deletion of site(s) from the Contract and reducing the
corresponding compensation for that month; (c) contracting with another Vendor to perform the
maintenance and other services required for the remainder of the term of the Contract with
respect to the site where the deficiencies exist and deducting from the Contractor's total
compensation under the contract any costs that City pays or becomes obligated to pay the new
Contractor, including expenses City incurs over and above the monthly billing rate by the
Contractor for that site; (d) terminating the agreement; and/or (e) taking any other action and
exercising any other legal remedy available to the City under law.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the amount of this Agreement, in the form provided
by the City Clerk, which secures the faithful performance of this Agreement, unless such
requirement is waived by the City Administrator. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during the entire term of the Agreement and shall be null and void only if the
Contractor promptly and faithfully performs all terms and conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory only if
issued by a company qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and
only if they are of a financial category Class VII or better, unless such requirements are
waived by the Risk Manager of the City.
21. LABOR
A. Contractor shall 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
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performed for each craft, classification, or type of workman or mechanic needed to
execute the contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 7034774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive).
22. NONDISCREWINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against
any subcontractor, Contractor, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin, or other basis that is violative of the federal or
state constitution or federal or state law. Contractor's obligation not to discriminate shall
apply, but not be limited to, the following: employment, upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeable financially affect such interest. The Contractor will
provide a completed disclosure form noting the above. Contractor will comply with the Act
and relevant City Resolutions.
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.
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All notices, demands, requests or approvals from Contractor to City shall be addressed to
City at:
City of Newport Beach
3300 Newport Boulevard
P.O. 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:
TruGreen Landcare, L.L.C.
1150 West Trenton Avenue
Orange, CA 92867
26. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the provisions
of this Agreement in the manner required or if Contractor violates any provisions of this
Agreement, Contractor shall be deemed in default. If such default is not cured within a
period of two (2) working days, or if more than two (2) working days are 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 of
termination. The Contractor may only terminate the Agreement in the event of nonpayment
by the City. hi the event of nonpayment by the City, Contractor shall give the City thirty (30)
days written notice thereof and the City shall have fifteen (15) working days to cure the
alleged breach."
C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant
to law, City shall have the right to withhold all or a portion of Contractor's compensation for
contract services if, in the judgment of the City Administrator, the level of maintenance falls
below appropriate landscape or hardscape maintenance standards and/or Contractor fails to
satisfactorily perform contract services. City shall have the right to retain fiords withheld
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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.
This Agreement may be modified or amended only by a written document executed
by both Contractor and City and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
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.
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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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
Aaron Harp
Assistant City Attorney
ATTEST:
CITY CLERK
17
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb, Mayor
City of Newport Beach
CONTRACTOR:
LANDCARE, L.L.C.
1
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit 1
Exhibit J
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List of Exhibits
Scope of Work
Parks/Facilities Maintenance Locations
Parks/Facilities Turfgrass Maintenance Locations
Maintenance Frequency Schedule
Parks/Facilities Mandatory Schedule
Standard Materials
Required Reports
Unit Costs
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Bid Unit Costs (Parks/Facilities Maintenance Locations)
Bid Unit Costs (Parks/Facilities Turfgrass Maintenance Locations)
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I. INTENT
EXHIBIT A
Scope of Work
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The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that such sites be
kept in a healthy, vigorous, and well -kept state at all times.
B. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform park
maintenance as described herein including, but not limited to, the following:
1. Turfgrass weed eradication and control both mechanically and with chemicals
2. Fertilizing.
3. Irrigation repair.
4. General pest control.
5. Mowing, verticutting, and aerifying.
6. General litter control, refuse removal, and grounds policing.
7. Hardscape cleaning.
8. Removal of all grass clippings from site as directed by the City.
C. 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. nor after 5:00 p.m.
D. TERM OF CONTRACT
The term of this agreement shall be for a period of twelve (12) months. The City
reserves the right to terminate the agreement unilaterally at any time upon thirty
(30) days written notice to the Contractor. Unless terminated by the City, the
Agreement will be automatically renewed in one (1) year increments. In
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determining whether the Agreement should be terminated, the City will evaluate
the performance of the Contractor and determine whether the Contractor's
performance is satisfactory.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest park maintenance
standard, as stated in the enclosed maintenance specification description.
Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within this
document and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and/or failure to
perform an item or work on a scheduled day may, at the City's sole
discretion, result in deduction of payment for that date, week, or month.
Payment will be retained for work not performed until such time as the work
is performed to City standard.
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 General
Services Department. There shall be a minimum of a weekly meeting with the
Contractor and the City representative to determine progress and to establish areas
needing attention. A monthly maintenance schedule will be submitted in writing
to the City by the first of said month.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor and
if not corrected, payment to the Contractor will not be made until condition is
corrected in a satisfactory manner as set forth in the specifications.
V11. SPECIFICATIONS
These specifications are intended to cover all labor, material and standards of
architectural, landscaping, and mechanical workmanship to be employed in the
work called for in these specifications or reasonably implied by terms of same.
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Work or materials of a minor nature which may not be specifically mentioned, but
which may be reasonably assumed as necessary for the completion of this work,
shall be performed by the Contractor as if described in the specifications.
VIII. CORRESPONDENCE
All correspondence shall be addressed to Dan Sereno, Parks and Trees
Maintenance Superintendent, General Services Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884.
IX. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate estimate is
given for said work and the estimate is approved by the City before the work is
commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be required on some
occasions.
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 nor the cost of
disposal. Contractor shall pay all disposal fees and provide documentation
evidence of recycling to include location, tonnage, etc. on a monthly basis to the
City.
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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.
The contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Parks and Tree Maintenance
Superintendent. This report should also contain a description, including man-
hours, equipment, and materials breakdowns and costs used to accomplish any
additional work which the contractor deems to be beyond the scope of the contract
and which has been approved by the City in accordance with the Agreement.
Payment for any extra work will not be authorized unless the additional work, and
costs thereof are first approved by the City in accordance with the Agreement.
The Contractor shall, within fifteen (15) days of the effective date of an executed
agreement, prepare and submit a written annual maintenance calendar to the Parks
and Trees Maintenance Superintendent. This maintenance calendar shall clearly
indicate all of the park 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.
XIII. 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 volley ball courts, seeding, preventive
and curative application of fungicide, herbicide or any required pesticide
applications and plant replacements.
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Positions used for all specialty operations shall be in addition to those positions
outlined on page 3, 3C.
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.
XVI. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working
hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by radio 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.
XVII. SCHEDULES
Annual Schedule
1. The Contractor shall provide an annual maintenance schedule indicating the
time frames when items of work shall be accomplished per the performance
requirements.
2. The Contractor shall complete the schedule for each park in a manner which
shall correspond to the weekly schedules.
3. The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
Weekly Schedule
1. Weekly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and fiuther delineate the time frames for accomplishment by day
of the week and by morning and afternoon.
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2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted one week prior to the effective date of
the contract. Thereafter, it shall be submitted weekly on Thursday mornings
for City approval, prior to scheduling work for the upcoming week.
4. Changes to the schedule shall be received by the Parks and Trees Maintenance
Superintendent at least twenty-four (24) hours prior to the scheduled time for
the work.
5. Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may, at the City's sole discretion, result in deduction of
payment for that date, week or month.
6. The Contractor shall adjust his/her schedule to compensate for all holidays
and rainy days. Maintenance and litter removal shall be scheduled for all
holidays and rainy days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly schedule.
XVIII. Performance During Inclement Weather
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his/her work force in order to accomplish those
activities that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall result
in deduction of payments to reflect only the work actually accomplished.
3. The Contractor shall immediately notify the Parks and Trees
Maintenance Superintendent when the work force has been removed
from the job site due to inclement weather or other reasons.
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
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Maintenance Superintendent and Underground Service Alert (1- 800 -422 -4133) 48
hours before commencing any excavation, to locate underground service lines.
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:
1. A copy of Contractors Orange County Agricultural Commissioners,
"Restricted Materials Permit/Operator I.D. numbers ".
2. A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide.
3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within
24 hours of application.
4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To
Use Restricted Materials ", 24 hours before application.
5. A list and Environmental Protection Agency numbers and Material Safety
Data Sheets of all the pesticides Contractor intends to use for this contract,
before any such use.
6. The contractor shall not use any pesticide that has not been authorized by the
Parks and Trees Maintenance Superintendent.
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TECHNICAL MAINTENANCE SPECIFICATIONS
1. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
1. 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", Exhibit D. 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.
2. All operations will be conducted so as to provide maximum safety for the
public and minimize disruption of the public use of City facilities.
3. Contractor will keep all gutters, curbs, and walks adjacent to contract areas
free of weeds, trash, and other debris.
4. Contractor will keep sidewalks free of algae where constant runoff occurs.
5. Leaves, paper, weeds, and any other debris will be removed from landscaped
areas and disposed of off -site.
6. Contractor will clean sidewalks, roadways, and any other areas littered or
soiled by his maintenance operations.
7. The Contractor shall maintain the premises clean of debris at all times.
Upon completion of any work project, the Contractor shall remove
remaining excess materials, waste, rubbish, debris, and his construction and
installation equipment from the premises. Any dirt or stains caused by the
work shall be removed. Existing City trash containers shall not be used by
the Contractor for his debris.
8. Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
9. Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
10. Contractor must notify the City immediately of any unusual and hazardous
conditions in the work site.
11. Contractor must notify City within one (1) hour of malfunctioning facilities
or conditions that may break, malfunction, or interrupt the public's use of
City facilities.
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12. All insects 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.
13. All animal feces or other materials detrimental to human health shall be
removed from the park areas immediately.
14. All broken glass and sharp objects shall be removed immediately.
15. 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.
16. 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.
17. All sand and wood chip areas abutting maintained areas shall be cleaned
when dirtied by Contractor's operations and at other times as required.
18. Trash cans provided by the City shall be 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.
19. 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.
20. 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.
21. All barbecue grills shall be emptied of all ashes once per week.
II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Drainage Facilities
1. All drainage structures shall be checked and cleaned monthly or as needed to
insure consistent unrestricted water flow.
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2. Any damage to structures shall be noted immediately to the Parks and Trees
Maintenance Superintendent.
3. Failure to properly maintain drainage systems or to notify the Parks and Trees
Maintenance Superintendent of damaged systems will result in the contractor
assuming full responsibility for the repair of drainage damage to the facility.
Irrigation System Maintenance
I. The Contractor shall maintain the complete sprinkler system in an operable
condition in those locations where operable systems exist. This includes but
is not limited to controllers, backflow devices, moisture sensors, manual and
remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. The
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 rains.
d. All replacements to be made with original type material or as directed.
e. Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense.
f. Material substitutions must be approved by the Parks and Trees
Maintenance Superintendent.
g. Necessary irrigation repairs shall be made prior to the next scheduled
irrigation cycle. All repairs shall be made in accordance with City of
Newport Beach standard irrigation specifications.
h. Irrigation programming charts will be included in each monthly report.
i. Areas that require irrigation will have such accomplished no earlier than
11:00 p.m. nor later than 6:00 a.m.
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j. Contractor will maintain moisture sensors at all sites at which such a unit
is installed.
2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure
the proper operation of the system.
3. Irrigation systems shall be thoroughly inspected by operating all control
valves and checking for proper coverage, leaks, valve actuation, proper
timing, and other operational conditions. Such inspection shall be made
weekly. However, the contractor shall be responsible for the proper operation
of the system at all times and shall provide for obvious repairs as they occur
or are needed.
Turf Maintenance
1. All turf is to be mowed once per week in the growing season, or as needed to
maintain the height specified below:
a. Frequency or mowing shall be scheduled so that no more than one -third
(1/3) the height of the grass plant is removed.
b. Borders shall be edged at each mowing.
c. Clippings shall be collected and removed unless otherwise directed by the
City.
d. Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not
be permitted.
e. Chemically kill turf around trees, as needed, a maximum of six inches
from the tree base or as directed by the City. If a tree wound is present
then hand trimming is required. A 2" layer of bark mulch shall be
maintained in this area.
f. Mechanically trim around vaults, posts, and other similar features on a
weekly basis.
g. Mowing equipment shall be approved by the City. Equipment must be
sharp and properly adjusted to avoid damage to the turf plant.
It. Pick up all litter prior to mowing.
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2. Mow turf to the following heights:
a. Warm season turf including Bermuda grass- 3/4 to 1 1/4 inches.
b. Cool season turf including bluegrass, perennial rye, fescues - 1 1/2 to 2 1/2
inches.
c. Kikuya and St. Augustine turf- 1 1/4 to 1 3/4 inches.
3. Vertical mowing of warm season grasses shall be done once per year in
October, permitting sufficient time for turf regeneration.
a. Depth of cut shall be sufficient to remove thatch without damaging crown
of turf plant.
b. Cool season grasses shall be renovated to remove thatch annually as
directed.
4. All turf shall be fertilized three times per year using a homogenous, pellet or
granular slow release material. City must approve the material used. Apply at
the following rates and time:
a. February: 22 -3 -9 (or approved equal) fertilizer at one pound actual
nitrogen per 1,000 square feet.
b. June: 21 -3 -5 (or approved equal) fertilizer at one pound actual nitrogen per
1,000 square feet.
c. October: 16 -6 -8 (or approved equal) fertilizer at one pound actual nitrogen
per 1,000 square feet.
d. Material shall be applied using a rotary type spreader, ensuring uniform
overlap. All excess fertilizer deposited on sidewalks, parking lots, and
other hardscape areas shall be properly cleaned and removed.
e. The Contractor shall perform a soil fertility analysis at individual parks as
directed by the City in the month of December and review the analysis
with the City representative in the month of January.
f. All materials must be approved by the Parks and Tree Maintenance
Superintendent. Quantities used must be submitted to the Parks and Tree
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.
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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 1/2" core spoons at not
more than 6" spacing and a minimum depth of 4 ".
b. Remove and dispose all cores.
c. Contractor is responsible for locating and marking all sprinkler
components.
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, 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. Use by the public will dictate schedules, and noise levels will be
kept to an acceptable minimum at all times.
Ground Cover Maintenance
1. All ground cover areas shall be maintained in a trimmed, weed -free condition.
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a. Weeds shall be removed as they appear. A pre - emergent herbicide may be
used where appropriate in shrub and ground cover beds.
b. Morning glory and grass infestations shall be treated immediately when
observed.
c. Groundcover areas shall be fertilized twice per year, once in April and
once in September with the approved 124-6 slow - release turf fertilizer, at
a rate of 2 pounds actual fertilizer per 1,000 square feet.
d. Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
e. Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
f. Control pests, including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
g. Bare ground cover areas shall be kept cultivated and raked of all debris.
h. Bark mulch should be replaced as needed to ensure at least 2" of mulch at
all times.
Shrub. Vine. and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
a. Quarterly trim all shrubs to maintain the size and shape specified by the
Parks and Tree 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.
e. Application of an iron chelate fertilizer or balanced fertilizer shall be made
as needed throughout the year to maintain a healthy, vigorous growth and
foliage.
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f. Irrigate as required to maintain adequate growth and appearance.
Manually water where necessary.
g. Careful attention not to prune or trim shrubs prior to blooming shall be
made. At the conclusion of blooming of plants such as raphiolepsis, all
blooms shall be trimmed off or otherwise removed. Flower stalks on
agapanthus, day lilies, morea, and other similar plants shall be removed
immediately after blooming or as directed by City.
h. All bare shrub bed areas shall be raked weekly to remove all litter and
other debris.
i. Growth of woody plants shall be encouraged except where it interferes
with circulation, maintenance activities, roadways, drainage facilities,
fence lines, or other structures. Dead branches of plants shall be removed
regularly.
j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways
to provide for proper, unobstructed circulation.
k. Bark mulch should be replaced as necessary to ensure 2" of mulch at all
times.
1. All plant material will be trimmed to protect property owners' ocean
views, bay views, vistas, etc. as needed or as directed by City staff.
2. The Contractor is responsibility for trimming all trees up to eight (8) feet in
height. Trees shall be trimmed as necessary to maintain adequate pedestrian
and vehicle traffic and to provide clearance from buildings, signs and other
similar features.
a. Remove all suckers from base of trees as they develop throughout the year.
b. Stake and support trees as necessary. Staking and guying shall be as
directed by the City.
c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
d. Contractor shall stake or otherwise support trees during inclement weather
and remove branches and other debris generated by such weather.
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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 T' of bark mulch unless ground cover
is present. Weeds shall be removed, including their roots, before they
reach 3" in height.
i. All trees shall be fertilized once per year with tree fertilizer spikes
approved by the City.
3. Complete pruning, heading back, lacing out, or removal will only be done at
the direction of the City and at the prescribed unit price. All such pruning
shall be made in accordance with current International Society of
Arboricultural techniques and practices that promote the natural character of
the tree.
4. All pruning shall be done with clean, sharp tools appropriate for the intended
work. Cuts shall be made sufficiently close to the parent limb, without cutting
into the branch collar or leaving a stub, so that closure can readily start under
normal conditions.
Hardscane Maintenance
1. During each site visit, concrete (including stamped concrete) and asphalt
areas, including turn pocket fingers, driveways, parking areas, sidewalks,
patios shall be checked and cleaned.
a. All expansion joints and cracks are to be maintained free of weeds.
b. Dirt, litter, and other debris must be removed on a weekly basis.
c. Inspect for safety hazards, including tripping hazards, holes, or other
conditions. Immediately report such to the Parks and Tree Maintenance
Superintendent.
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2. Vacuums, blowers, sweepers or other approved means may be used to clean
hardscape areas. However, debris shall not under any circumstance be
blown or otherwise swept onto adjacent streets or property. All debris
must be picked up by the Contractor and removed from the site. Any
equipment that is used for cleaning hardscape must be approved by the City.
General Grounds Policine
1. The Contractor shall provide general grounds policing and inspection six (6)
days per week, except general grounds policing and inspection will be seven
(7) days per week from Memorial Day to Labor Day.
a. Remove all litter and other debris from site six (6) days per week and
seven (7) days per week from Memorial Day to Labor Day.
b. If refuse or Utter is not removed during site visit, said litter or debris
will be considered an emergency and removed immediately upon
notification by the City. Failure of said removal may result in
deduction of payment for that date, week, or month.
C. Provide safety and facility inspection and immediately report any
deficiencies to the Parks and Trees Maintenance Superintendent.
Contractor shall be responsible to report below standard conditions of all
structures and fixtures, including but not limited to:
1. Light standards and fixtures
2. Wails, fences, gates
3. Signage
4. Graffiti
Sand/Wood Chip Areas:
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 rototilling, 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
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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.
Specialty /Snorts Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include tennis courts, handball courts, basketball courts,
bicycle trails, all asphalt, concrete and decomposed 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.
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.
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Drinking Fountains:
1. Inspect, clean, adjust six days per week.
2. Report any deficiencies to the City immediately in writing.
Disposal
At least 50% of all landscape debris will be disposed of through a landscape
material recycling center or reused in some manner. The Contractor shall dispose
of all cuttings, weeds, leaves, trash, and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall
pay all disposal fees and provide documentation evidence of recycling to include
location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the
City by 30 days after the end of each calendar quarter.
Water Conservation
Contractor shall appoint a staff member to act as the Water Manager. Contract
personnel performing water management duties shall have the following abilities
and must meet the following requirements.
Abilities
1. Meet Irvine Ranch Water District Landscape Irrigation Guidelines and
monthly water allocations.
2. Maintain a healthy landscape.
3. Calculate evapotranspiration (ET) rates to GPM.
4. Maintain all parks and landscape in a usable condition (no flooding due to
over - irrigation).
5. Troubleshoot and diagnose irrigation systems and take corrective action.
Requirements
1. The Water Manager shall program all controllers weekly according to the
Irvine Ranch Water District allocation.
2. The Water Manager shall notify the Contractor or City Representative of
all required repairs.
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3. 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.
Damages for Water Management
1. 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.
2. Deduction shall exclude all approved appeals such as mainline and control
valve failures.
3. The City's Representative shall meet monthly with the Contractor's
Representative and the Contractor's Water Manager to review over
allocation water billing to determine which water billing appeals are to be
approved and which are to be waived.
4. Over - allocations that do not qualify for appeal or have not been waived
will be deducted from the Contractor's monthly payment.
Native and Drought Tolerant Park Maintenance — Back Bay View Park and
Morning Canyon
These requirements are in addition to the above written Technical Maintenance
Specifications:
1. All native and drought tolerant plant material at these sites will be
maintained in their natural shape. All dead wood for natives will remain
on the plant or where it has fallen.
2. The areas shall be maintained weed free. Only manual pulling or
mechanical cultivation of non - native weed species will be allowed.
3. The contractor's maintenance personnel will be trained to distinguish
weedy plant species from native or drought tolerant vegetation to ensure
that only weedy species are removed.
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.
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6. For Morning Canyon, 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.
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EXHIBIT B
Parks/Facilities Maintenance Locations
Parks
Address
Acreage
Arroyo Park
1411 Bayawater, Bison Ave. at Bayswater
8.0
Back Bay View Park
Jamboree Road @ Pacific Coast Hwy
8.13
Bayside Drive
Bayside Dr. between Carnation and Larkspur
4.4
Bayview
Mesa Dr. @ Bayview Ave.
3.0
Begonia
Begonia Ave. at First Ave.
2.1
Bob Henry
16d Street @ Dover Drive
4.8
Bonita Creek
University Dr. La Vida
10.0
Buffalo Hills
Newport Hills Dr, East/West @ Ford Rd.
15.0
Castaways Paddpg Lot & Trail
160' Street @ Dover Drive
1.83
Eastbluff
Vista Del Oro 0, Vista Del Sol
13.9
Irvine Terrace
Seadrift Dr. Evita Dr.
6.8
Jasmine View
Harbor View Dr. Marguerite Ave.
1.0
Mannina Tract
Newport Hills Dr. W. and Port Wheeler Pl.
2.7
Morning Canyon
Corner of Surrey Drive Rockford Road
1.0
Old School
Carnation Ave. @ 4th Ave.
0.8
San Joaquin Hills
San Joaquin Hills Rd. @ Crown Dr.
4.1
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
7.3
Spyglass Hill
S lass Hill Rd A El Ca itan Dr.
1.4
Spyglass Hill Reservoir
Muir Beach Circle
1.0
Sunset View
North of PCH off of Superior Ave
0.7
Total Acreage
97.%
Facilities
Address
Acreage
Central Library
1000 Avocado Ave.
3.3
Police Department
Santa Barbara Drive @ Jamboree
0.4
Total Facilities Acreage
3.7
Grand Total 101.66 acres
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EXHIBrr C
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Parks/Facilities Turfgrass Maintenance Locations
Parks
Address
Acreage
Bolsa
Bolsa Ave. @ Old Newport Blvd.
0.1
Channel Place
Channel Place @ 44& St.
1
Cliff Drive
Cliff Dr. Riverside Dr.
1.5
Ensign View
2501 Cliff Dr. El Modena Ave.
0.5
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
1
Grant Howald
his Ave. 5'h Ave.
2.5
Harbor View Nature
San M el Dr. @ Pacific View Dr.
1
Kings Road
Kin s Road west of SL Andrews Road
0.1
"L" Street
"L" St. @ Piazza del Sur
0.5
Las Arenas
Balboa Blvd. 10' St.
0.2
Lido
Via Lido entrance to Lido Island
0.5
Mariners
Dover Dr. Irvine Ave.
5
Ne ort Island
Marcus A 39a St.
0.1
Newport Shores
61" St. @ Coast Blvd.
0.1
Oasis Passive
Marguerite Ave. @ 51h Ave.
3.4
Ocean Blvd. Bluffs
Ocean Blvd. from Fernleaf Ave. to Poppy Ave.
1
Peninsula
Main St. @ East Ocean Front, Balboa
3.5
Veteran's Memorial
15th St. @ Bay Ave.
0.4
Westeliff
Polaris Dr. @ Westwind Way
1
West Jetty View
Ocean Blvd. @ Channel Rd. Balboa
0.2
West Newport
Seashore Dr. between 57'h St & Santa Ana River Jetty
4
38 h Street
Balboa Blvd. @ 38" St.
0.3
Total Acreage
27.9
Facility
Address
Acreage
Fire Stations:
1
Balboa Blvd. Island Ave.
0.1
2
32nd St. @ Villa Way
0.1
3
Santa Barbara Dr. @ Jamboree Rd.
0.1
5
Marigold Ave. between PC1112nd Ave.
0.1
6
Irvine Ave. @ Dover Dr.
0.1
41
0
0
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
0.2
Corona del Mar
Marigold Ave. between PCIV2nd Ave.
0.1
Miscellaneous:
CdM State Beach
Ocean Blvd. Jasmine Ave.
1
City Hall
3300 Newport Blvd.@ 32nd SL
1
Lincoln Athletic Center
3101 Pacific View Dr.
8
Newport Pier Plaza
Balboa Blvd. @ McFadden PI.
0.2
Oasis Senior Citizens Ctr.
800 Marguerite Ave. @ 5th Ave.
I
W. Nwpt Community Ctr.
883 W. 15th St. off Placentia Ave.
0.1
Total Acreage
12.1
Grand Total 40.0
42
EXHIBIT D
Maintenance )Frequency Schedule
FUNCTION
IFIREQUENCY
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
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 visit/every two weeks min.
Visual Inspection
Weekly
Hardscape Maintenance
Each site visit/weekly min.
Grounds Policing /Litter Removal
Six days/ week
Seven days/ week Memorial Day thru Labor Day
Site Inspection
Six days/ week
43
0
EXHIBIT E
PARKS AND FACILITY AREAS
Sites Requiring Mandatory Early Mowing
Before 7:00 a.m.
Before 9:00 a.m.
Before 10:00 a.m.
City Hall
38th St. Park
Las Arenas Park
Newport Pier Plaza
Peninsula Park
Oasis Senior Citizens Ctr
West Jetty View
State Beach
W. Newport Park
Ocean Blvd. Bluffs
Ensign View Park
All Libraries
Irvine Terrace Park
All Fire Stations
Balboa Island Park
All Play Areas
San Joaquin Hills Park
Lincoln Athletic Ctr
San Miguel Park
Begonia Park
44
EXHIBIT F
STANDARD MATERIALS
All material used in maintenance must conform to the products listed below. Any
deviation from the approved list must be approved by the City of Newport Beach before
installation. Any item not mentioned in the Standard Materials list must be approved by
Parks and Tree Maintenance Superintendent.
STANDARD MATERIAL LIST:
Heads
Toro 570 Pop Up (small turf areas)
Rain Bird 3500 (small / medium turf areas)
Rain Bird 5000 (medium turf areas)
Toro 2001 (large turf areas)
Toro 640 (large turf areas)
Toro 570 Pop Up / Shrub Adapter (small slope & groundcover areas)
Toro 300 Stream Rotor (medium slope & groundcover areas)
Toro XP 300 Stream Rotor (large slopes & groundcover areas)
Toro 500 Flood Bubbler (tree wells)
Head model to be selected by the City of Newport Beach. Please contact
Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm.
Controller
Rain Master Evolution DX2 irrigation controller
Rain Master RME Sentar (contact city before using)
Drip and specialized low - volume irrigation
Rain Bird Xerigation
Battery Powered Irrigation
Rain Bird TBOS Battery Operated Controller
Rain Bird GB Series Remote Control Valve
Rain Bird Potted Latching Solenoid
Miscellaneous
Febco 825Y RP
Rain Bird #ST -03UL Snap Tite Connectors
45
0 9
Rain Bird #PT -55 Snap Tite Sealer
Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
Griswold DW Series Valve (Control Valve)
Griswold 2160 Solenoid Valve (Normally Open Master Valve)
Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
Matco 754 Series Full Port Ball Valve
Schedule 40 PVC Lateral Pipes
Class 315 Main Supply Pipe (2" and larger)
Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller)
Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D
Round Valve Box-Plastic- 10"
Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation.
Rain Master EVFM Flow Sensor
TURF FERTILIZERS, ETC..
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
Parks and Trees Maintenance Superintendent before planting.
All pesticides proposed to be used must be submitted to City with application location
and written recommendation from the Contractor's Pest Control Advisor prior to use.
All materials must be properly labeled and certified for intended use. Proper and
legal disposal of any and all pesticides used is solely the responsibility of the
Contractor. All state, county, and city laws regarding pesticide use and disposal must
be followed.
46
0
EXHIBIT G
REQUIRED REPORTS
1. Annual Maintenance Schedule
0
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
9. Extra work approval list
10. Weekly maintenance inspection list for all sites
11. Manual irrigation schedule
12. Annual pesticide safety training records
13. Required tailgate safety meeting records
14. Monthly maintenance report
15. Monthly greenwaste recycling report
47
EXHIBIT H
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
IWJ 7 7
Turf Mow -Real Blade
$ 2 / 1000 Sq. Ft.
Turf Mow -Rotary Blade
$ 2 1000 Sq. Ft.
Turf Mow and Clippings Picked Up
$ 3 1000 Sq. Ft.
Turf Edge
$1 / 1000 Linear
Ft.
Turf String Trim
$ 1 1000 Linear
Ft.
Turf Chemical Edge 6" Swath
$ 5 1000 Linear
Ft.
Turf Chemical Edge 12" Swath
$ 5 / 1000 Linear
Ft.
Turf Aerify
$ 3 1000Sq.Ft.
Turf Fertilize
$ 2 1000 Sq. Ft.
Turf Dethatch/Renovate
200 / Acre
Turf sweeping
$ 3 / 1000 Sq. Ft.
Flail Mow of Natural Areas
$ 300 / Acre
Im.
0
HARDSCAPE
Cleaning
GROUNDCOVERS
Mow
Edge
Ft.
Fertilize
PEST CONTROL
Turf disease/insect spray
Boom Application
Hand Application
Turf Broadleaf Spray
Boom Application
Hand Application
Groundcover disease/insect spray
Shrub disease/insect spray
Soil Sterilant Applicant
Turf Pre - Emergent
Landscape Planter Weed Control
General Weed Control Post Emergent
SHRUB PRUNING
1 -4 Feet, Lacing
1 -4 Feet, Hedging
4 plus Feet, Lacing
4 plus Feet, Hedging
TREE PRUNING
Up to 8 Feet
PLANTING
1 Gal. Shrub
5 Gal. Shrub
15 Gal. Shrub
15 Gal. Tree with root barriers
24" Box Tree with root barriers
64 Count Flat Groundcover
16 Count 4" Flat Annual Color
Turf - Seed and Top Dress
Turf - Sod
M
0
$ 4 1000 Sq. Ft.
$ 3 1000 Sq. Ft.
$2 1000 Linear
$ 2 1000 Sq. Ft.
$ 6 1000 Sq. Ft.
( 1000 Sq. Ft.
10 / 1000 Sq. Ft.
15 / 1000 Sq. Ft.
10 / 1000 Sq. Ft.
10 / 1000 Sq. Ft.
15 / 1000 Sq. Ft.
15 / 1000 Sq. Ft.
20 / 1000 Sq. Ft.
15 ( 1000 Sq. Ft.
$ 4 /Shrub
$ 4 /Shrub
$ 8 (Shrub
$ 6 /Shrub
$ 20 /free
$ 8 /Each
$ 25 /Each
$ 65 /Each
$ 96 (Each
$285 /Each
$ 20 /Flat
$30 /Flat
0.60 / 1000 Sq. Ft.
/ 1000 Sq. Ft.
11
LABOR
Landscape Maint. Supervisor
Pest Control Applicator
Irrigation Specialist
Landscape Maint. Leadworker
Equipment Operator
Landscape Maint. Laborer
Park and Facility Maintenance
Park and Facility Turgrass Maintenance
Park and Facility Native Park Maintenance
50
35 Hour
45 / Hour
45 / Hour
$ 30 / Hour
45 / Hour
25 / Hour
$2,500 /Acre/Year
2,600 / Acre/Year
2,000 / Acre/Year
0
EXHIBIT I
BID UNIT COSTS
BID UNIT COSTS
Parks/Facilities Maintenance Locations
Parks
Address
Yearly Cost
Arroyo Park
1411 Ba water• Bison Ave at Bayswater
$32,189.00
Back Bay View Park
Jamboree Rd @ Pacific Coast Highway
$25,820.00
Balboa Island Park
115 Agate Avenue
$1,588.00
Bayside Drive
Bayside Dr. between Camation and Larkspur
$13,974.00
Bayview
Mesa Dr. @ Bayview Avenue
$9,528.00
Begonia
Be onia Ave. at First Ave.
$6,669.00
Bob Henry
160 Street @ Dover Drive
S-1-5,2-44.0-0-
Bonita Creek
University Dr. a La Vida
$40129.00
Buffalo Hills
Ne ort Hills Dr. East/West Ford Rd.
$47 640.00
Castaways Parking Lot &Trail
16 St. @ Dover Drive
$5,812.00
Eastbluff
Vista del Oro 0 Vista del Sol
$44,146.00
Irvine Terrace
Seadrift Dr. a Evita Dr.
$21,596.00
Jasmine View
Harbor View Dr. Marguerite Ave.
$3,176.00
Mmuog Tract
Newport Hills Dr. W. and Port Wheeler P1.
$8,575.00
Mo Canyon
Comer of Surre Dr. Rockford Rd.
$3,176.00
Old School
Camation Ave 4 Ave.
$2,540.00
San Joaquin Hills
San Jo uin Hills Rd. Crown Dr.
$13,021.00
San Miguel
San Miguel Dr. @ Spyglass Hill Rd.
$31,553.00
Spyglass Hitl
I Spyglass Hill Rd. @ El Ca itan Dr.
$444600
Spyglass Hill Reservoir
Muir Beach Circle
$3,176.00
Sunset View
North of PCH off of Superior Ave
$2,223.00
Facilities
Address
Yearly Cost
Central Library
1000 Avocado Ave.
$10,48-0-0-0-
Police Department
Santa Barbara Dr. @ Jamboree
$1,270.00
51
0 0
EXHIBIT J
BID UNIT COSTS
Parks /Facilities Turfgrass Maintenance Locations
Parks
Address
Yearly Cost
Fire Stations:
Bolsa
Bolsa Ave. Old Ne ort Blvd
$317.00
Channel Place
Channel Place 44 St.
$3,176.00
Cliff Drive
Cliff Dr. Riverside Dr.
$4,764.00
Ensign View
2501 Cliff Dr. a E1 Modena Ave.
$1,588.00
Galaxy View
Galaxy Dr. between Polaris & Mariners Dr.
$3,176.00
Grant Howald
Iris Ave. 5 Ave.
$7,940.00
Harbor View Nature
San Miguel Dr. @ Pacific View Dr.
$3,176.00
Kings Road
Kings Road west of St. Andrew's Road
$317.00
"L" Street
"L" St. g Piazza del Sur
$1,588.00
Las Arenas
Balboa Blvd. @ 16 St.
$634.00
Lido
Via Lido entrance to Lido Island
$158800
Mariners
Dover Dr. Irvine Ave.
$15,880.00
Newport Island
Marcus 30 St.
$317.00
Newport Shores
6 1 � St. @ Coast Blvd.
$317.00
Oasis Passive
Marguerite Ave. @ 5a Ave.
$10,798.00
Ocean Blvd. Bluffs
Ocean Blvd. from Femleaf Ave. to Poppy Ave.
$3,176.00
Peninsula
Main St @ East Ocean Front, Balboa
$11 116.00
Veteran's Memorial
15 St. Ba Ave.
$1270.00
Westcliff
Polaris Dr. Westwind Way
$3,176.00
West Jetty View
Ocean Blvd. @ Channel Rd., Balboa
$634.00
West Newport
Seashore Dr. btwn 57 St. & Santa Ana River Jetty
$12,704.00
38 Street
Balboa Blvd. 38 St.
$952.00
Facm!
Address
Yearly Cost
Fire Stations:
1
Balboa Blvd. @ Island Ave.
$317.00
2
32 St. @ Villa Way
$317.00
3
Santa Barbara Dr. Jamboree Rd.
$317.00
5
Marigold Ave. between PCH12 Ave.
$317.00
6
Irvine Ave. R Dover Dr.
$317.00
Libraries:
Balboa
Balboa Blvd. @ Island Ave.
$634.00
Corona del Mar
Marigold Ave. between PCH/2 Ave.
$317.00
Miscellaneous:
CdM State Beach
Ocean Blvd. Jasmine Ave.
$3,176.00
City Hall
3300 Ne ort Blvd. @ 32nd St.
$3,176.00
Lincoln Athletic Center
1 3101 Pacific View Dr.
$25,408.00
Newport Pier Plaza
Balboa Blvd 0, McFadden Pl.
$634.00
Oasis Senior Citizens Center
800 MHE2erite Ave. @ 5 Ave.
$3,176.00
W. Nwpt Community Ctr.
883 W. 15 St. off Placentia Ave.
$317.00
WA
C* of Newport Beadle NO. BA- 07BA -008
BUDGET AMENDMENT
2006 -07 AMOUNT: $sa,ss2.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
qX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations to cover the increased contract costs for landscape maintenance of City parks
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010. .3605 General Fund - Fund Balance
REVENUE ESTIMATES (36011
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Division
Account
tfgned:
signed:
igned:
Number
Number
Number
Number
Number
Number
Number
Number
Number
Number
Description
Description
3170 General Services - Parks
8080 Services Prof & Tech NOC
Administrative Approval: City Manager
City Council Approval: City Clerk
1. Amount
Debit . Credit
$84,682.00 '
' Automatic
$84,682.00
Date
ate
Date