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HomeMy WebLinkAbout26 - Landscape Maintenance Agreement for Parks and FacilitiesPO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report November 24, 2015 Agenda Item No. 26 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Municipal Operations Director — General Services 949- 644-3055, mpisani@newportbeachca.gov PREPARED BY: Rachell Wilfert, Management Specialist PHONE: 949-644-3011 TITLE: Landscape Maintenance Agreement for Parks and Facilities ABSTRACT: The City's current landscape contractor for parks and facilities advised the City that, due to increasing costs of minimum wage and other factors, they cannot honor the terms of their current agreement at the existing prices. The City prepared a Request for Proposals for the Landscape Maintenances Services at Park and Facilities. Following the RFP process, a new contractor was selected and an agreement is presented for approval. RECOMMENDATION: a) Approve and authorize the Mayor and City Clerk to execute the Maintenance Agreement with Mariposa Landscapes, Inc. for Landscape Maintenance of City Parks and Facilities for an amount not to exceed $1,975,000 per year; and b) Approve Budget Amendment No. 16BA-014, appropriating an additional $165,397 into the FY 15-16 Parks Division budget. FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $165,397 in increased expenditure appropriations. The purchase will be expensed to the Contract Services — Parks and Facilities account in the Municipal Operations Department, 0109031-811020. DISCUSSION: The Municipal Operations Department administers two major agreements for landscape maintenance. One includes the medians and roadside areas throughout the City and Newport Coast facilities and landscape. The second agreement is for the citywide 26-1 Landscape Maintenance Agreement for Parks and Facilities November 24, 2015 Page 2 landscape maintenance of parks and facilities, except for those located in Newport Coast and certain other areas maintained by City landscape crews. In 2013, the City awarded an agreement to Pinnacle Landscape Company for the landscape maintenance of parks and facilities. The agreement had a five-year term and is scheduled to end on August 31, 2018. On August 14, 2015, Pinnacle requested the cancellation of the agreement, citing that the increased costs for minimum wage and other expenses made it no longer viable for them to continue business at the current pricing. Pinnacle provided information identifying their operating losses, and has agreed to continue to maintain the areas until December 31, 2015. Following the request from Pinnacle, staff from the Finance and Municipal Operations Departments distributed a Request for Proposals (RFP) to companies that perform landscape services. The RFP required that proposing firms supply costs and a work plan for the maintenance of over 250 acres of landscape in the City and required a minimum staffing level of 27 employees dedicated to the contract. The minimum manpower requirement is included in both landscape agreements and serves to ensure that the selected contractor has a sufficient number of personnel to adequately perform the required work on a daily basis. It is a mandatory staffing requirement, and any staff shortages are required to be reported to the City contract administrator on a daily basis. The proposed agreement includes an increase of three contract personnel from the current staffing level. This agreement also includes approximately 20 acres of additional landscape currently maintained by City staff; the loss of three limited term employees from the Refuse Division outsourcing requires this shift to contract services. This also meets the department goal of shifting more landscape maintenance to contract services as positions in the Parks Division become vacant. A mandatory pre -proposal meeting was attended by seven firms, and the City received three proposals by the October 21, 2015, closing date. The proposals were evaluated by City staff on the basis of qualifications, work experience and cost, with qualifications and experience being weighted 50% and cost 50%. The results were as follows: 26-2 Landscape Maintenance Agreement for Parks and Facilities November 24, 2015 Page 3 Mariposa Landscapes, Inc. 44.75 49.06 93.81 $1,677,018.00 Merchants Landscapes 33.25 50.00 83.25 $1,645,353.00 Pinnacle Landscapes 28 46.93 74.93 $1,753,146.00 After reviewing the cost and performance qualifications of the three firms, staff found Mariposa Landscapes, Inc. (Mariposa) to be the most responsive of the proposers. References for Mariposa provided positive comments as to the quality of services provided. In Orange County, Mariposa currently has landscape contracts in Anaheim, Santa Ana, and Tustin. Mariposa is a full spectrum landscape company with services including landscape maintenance, construction, and tree services. Additionally, much of their management team and many other employees have been together over 20 years, which shows the strength and stability of the company. Despite Merchants Landscapes slightly lower price cost, there where areas of concern in regards to their references, work plans, and previous experience in the City. Based upon references, their work plan, and company management, staff recommends awarding the agreement to Mariposa for an initial three-year term with the option for three extensions of one-year each, at an annual base maintenance cost of $1,677,018 plus an allowance for additional as -needed services. The additional services commonly performed include irrigation repairs, damage from traffic accidents, and renovations to landscaped areas in parks, at City facilities, and on medians. If the agreement is approved, Mariposa will begin service under the new agreement on January 1, 2016. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 26-3 Landscape Maintenance Agreement for Parks and Facilities November 24, 2015 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Landscape Maintenance Agreement Services for Parks and Facilities Attachment B — Budget Amendment 26-4 ATTACHMENT A MAINTENANCE/REPAIR SERVICES AGREEMENT WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE SERVICES FOR PARKS AND FACILITIES THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 24th day of November, 2015 by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MARIPOSA LANDSCAPES, INC., a California corporation ("Contractor"), whose address is 15529 Arrow Highway, Irwindale, California 91706, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform landscape maintenance services for City ("Project"), in various locations throughout the City, which may include performing services on property not owned by the City. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM 1.1 The term of this Agreement shall commence on January 1, 2016 ("Effective Date"), and shall terminate on December 31, 2019, unless terminated earlier, or extended, as set forth herein. 1.2 The term of this Agreement may be extended up to three (3) times for an additional one (1) year per extension. Contractor shall submit all requests for extensions or requests for termination of this Agreement to the Project Administrator as defined in Section 6. All requests shall be made in writing one hundred twenty (120) calendar days prior to the termination date of each term or extended term. The failure by Contractor to provide a written request within the one hundred twenty (120) calendar days prior to the termination date of each term or extended term shall result in termination of this Agreement. 26-5 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million Nine Hundred Seventy Five Thousand Dollars and 001100 ($1,975,000.00) per year, without prior written amendment to the Mariposa Landscapes, Inc. Page 2 26-6 Agreement. At the City's discretion and in accordance with Section 1 of this Agreement, after the first three (3) years, this Agreement may be extended for the fourth (4th), fifth (5th) and sixth (6th) years. Contractor's compensation for all Work performed in accordance with this Agreement, including any term extensions and all reimbursable items, shall not exceed Twelve Million Four Hundred Fifty Eight Thousand Five Hundred Thirty Nine Dollars and 00/100 ($12,458,539.00). 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. Mariposa Landscapes, Inc. Page 3 26-7 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Joshua Cho to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Landscape Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. Mariposa Landscapes, Inc. Page 4 26-8 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and, but not limited to all officers, employees and representatives, licensors, lessors, joint -use participants, and parties to memoranda of understanding thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and, but not limited to its City Council, boards and commissions, officers, agents, volunteers, and employees (independent contractors, sports/activity/league personnel, and, referees collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Mariposa Landscapes, Inc. Page 5 26-9 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Mariposa Landscapes, Inc. Page 6 26-10 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. LABOR AND PREVAILING WAGE REQUIREMENT 16.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. 16.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 16.3 This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the tenus of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770-7981 inclusive). Mariposa Landscapes, Inc. Page 7 26-11 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 19. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 21. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly Mariposa Landscapes, Inc. Page 8 26-12 identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Landscape Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive Mariposa Landscapes, Inc. Page 9 26-13 PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Joshua Cho Mariposa Landscapes, Inc. 15529 Arrow Highway Irwindale, CA 91706 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. Mariposa Landscapes, Inc. Page 10 26-14 28. LABOR 28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or Mariposa Landscapes, Inc. Page 11 26-15 against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Mariposa Landscapes, Inc. Page 12 26-16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNIY'S OFFICE Date: BY: Aaron C. Harp (A 1(y- City (rCity Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D. Selich Mayor CONTRACTOR: Mariposa Landscapes, Inc., a California corporation Date: By: Terry Noriega President Date: By: Antonio Valenzuela Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Mariposa Landscapes, Inc. Page 13 26-17 EXHIBIT A SCOPE OF SERVICES I. DUTIES AND RESPONSIBILITIES =R11114i•1111 o The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such site be kept in a healthy, weed -free, vigorous, and well -kept state at all times. • DESCRIPTION OF PROJECT o Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the following: ■ Weeding, cultivating and brush control, both mechanically and chemically ■ Turfgrass weed eradication and control, both mechanically and chemically ■ Turf, shrub, and tree fertilization • Shrub and groundcover trimming, pruning, and training ■ Minor pruning and staking of trees under twelve (12) feet in height ■ Irrigation programming, monitoring, maintenance, and repair ■ Water meter reading and water conservation ■ General rodent, pest, and disease control on landscape planting and turf ■ Mowing, verticutting, and aerifying ■ General litter control, refuse removal, and grounds policing ■ Plant replacement ■ Hardscape cleaning ■ Maintenance of sand and wood chip areas ■ Access roadway clearance and visibility maintenance ■ General drainage structure and system maintenance ■ Drinking fountain maintenance ■ Reporting vandalism, graffiti, or any safety concerns o It shall NOT be the Contractor's responsibility to maintain or repair: 0 ' 26-18 ■ Area lighting systems ■ Fencing ■ Gates ■ Any building located at the specified site ■ Graffiti ■ Vandalism ■ Signage ■ Damage resulting from vehicular accidents ■ Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules ■ Trees over twelve (12) feet in height • LEVEL OF MAINTENANCE o All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. o If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. o The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. • QUALITY OF WORK AND MATERIALS o All material and equipment furnished by the Contractor shall be new, high- grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the Project Administrator. All materials used shall be approved in advance by the Project Administrator. o The actual cost of all materials passed on to the City shall be wholesale cost of the material. The wholesale cost shall be the actual cost paid by 151 Page 26-19 the Contractor reflecting the best price, including discounts available. Receipts shall be required for reimbursements. ■ At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. ■ Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. o The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: ■ Contractor shall conform to all City practices and procedures. ■ All City purchases will be for the sole expressed use of and for the City. ■ The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. ■ The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. • MINIMUM STAFF REQUIREMENTS o At minimum, Contractor shall provide, in addition to one (1) full time Supervisor, twenty-six (26) full-time positions, as stated in Appendix A: Minimum Staff Requirements. The City reserves the right to increase minimum staffing based upon additional acres being added to the Contract. • WORKMANSHIP AND SUPERVISION o The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications expressed within the Scope of Services. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. ■ The Supervisor for the agreement shall a smart phone with email and phone capabilities. ■ All drivers shall have cell phones with phone capability. o All hours shall be made up if there are absences to the Contractor's workforce (including sick days and vacations.) The contractor shall provide replacements the same day were advanced notice is provided. 161 Page 26-20 o Work shall be performed by competent and experienced workers. All irrigation maintenance and repairs shall be monitored by a California Landscape Contractors Association, Certified Landscape Technician -1 (Irrigation). o All pesticide operations, where required, shall be performed by a California State Licensed pest control operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. o All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Landscape Manager. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests. o Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the City. • WORKING HOURS o Normal working hours shall be no more than ten (10) hours per day between the hours of 7:00 a.m. and 5:00 p.m. Normal working days are Monday through Friday. Unless otherwise specified in the Scope of Work, no Saturday or Sunday work other than litter control and refuse collection is to be scheduled without prior written permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 8:00 a.m. or after 5:00 p.m. o For the purposes of the Scope of Work, the following Holidays shall be acceptable. Any additional holidays requested shall be done so in advance and approved in writing by the City. ■ Memorial Day ■ Independence Day (4th of July) ■ Labor Day ■ Thanksgiving Day ■ Christmas Day ■ New Year's Day • SUPERVISION OF CONTRACT o All work shall meet with the approval of the Project Administrator. There shall be a minimum of a weekly meeting with the Contractor and the Project Administrator to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first day of said month. The supervisor of this 171 Page 26-21 contract shall be available to meet with the Project Administrator daily during working hours, as necessary. o Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. • SPECIFICATIONS o These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. • PROVISIONS FOR EXTRAS o No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved in writing by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. • EQUIPMENT o All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, orderly manner and shall be in good working order. The Municipal Operations Director, or his authorized agent, may reject any vehicle or piece of equipment and order it removed from the job site. • SAFETY REQUIREMENT o 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 Landscape Manager reserves the right to issue, restrain, 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 26-22 o The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations, shall be immediately reported to the Landscape Manager. • STREET CLOSURES, DETOURS, BARRICADES o Warning signs, lights, and devices shall be installed and displayed in conformity with the current edition of the "California Manual on Uniform Traffic Control Devices" (http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/) for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. o If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. o Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. • DISPOSAL o All landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. • RECORDS o The Contractor shall keep accurate records concerning all of his/her employees or agents. The Contractor shall provide this information in an organizational chart as changes in staffing occur. o The Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Project Administrator. This report should also contain a description, including staff -hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract and which has been approved by the City in accordance with the Agreement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved in writing by the City in accordance with the Agreement. • r M 26-23 ■ The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Project Administrator. This maintenance calendar shall clearly indicate all of the maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Project Administrator for approval prior to the date the changes are to take effect. ■ The Contractor shall permit the City to inspect and audit its books and records regarding City -provided services during regular business hours. • EMERGENCY SERVICES o The Contractor will provide the City with names, email addresses, and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City. These Contractor representatives shall respond to said emergency within thirty (30) minutes of receiving notification. • SPECIALTY OPERATIONS o Written notification of all "specialty type" maintenance operations shall be given to the City forty-eight (48) hours prior to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: mowing of athletic fields, fertilization, turf aerification, turf dethatching, seeding, water truck operations, and plant replacements. Positions used for specialty operations shall be in addition to those outlined in Appendix A: Minimum Staff Requirements. • LANDSCAPE LICENSE o In addition to any and all relevant City, State and Federal permits and licenses required in the Agreement, the Contractor shall hold a valid and current California C-27 License and submit a copy thereof. The Contractor must be licensed as a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor. The name and permit number will be supplied to the City within one (1) calendar day after effective date of the contract, and any changes forwarded within twenty-four (24) hours of said change. A licensed pest control operator with a qualified application license must be provided to apply all restricted chemical materials. o Contractor or subcontractors under this contract must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 201 Page 26-24 • CONTRACTOR'S OFFICE o Contractor is required to maintain an office within a thirty (30) minute response time of the City and provide the office with telephone and data service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by mobile device. o Unless otherwise specified by the Project Administrator, there will be no on-site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a storage facility. • SCHEDULES o Annual Schedule ■ The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. ■ The Contractor shall complete the schedule for each park and facility in a manner which shall correspond to the weekly schedules. ■ The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. ■ The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. o Monthly Schedule ■ The Contractor shall submit monthly reports (Appendix 1) to the Project Administrator, or designee, on a schedule previously approved by the City. Any changes or delays to that schedule shall be noticed to the Project Administrator as soon as the change or delay is known to the Contractor. ■ Contractor shall meet with the City once a month to discuss work performance, special instructions, any problems encountered and upcoming schedules. o Weekly Schedule ■ Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 21 1 Page 26-25 ■ The Contractor shall complete the schedule for each item of work and each area of work. ■ The initial schedule shall be submitted within seven (7) calendar days after effective date of the contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week beginning the following Monday. ■ Changes to the schedule shall be received by the Project Administrator at least twenty-four (24) hours prior to the scheduled time for the work. ■ Failure to notify of a change and/or failure to perform an item of work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. ■ The Contractor shall adjust his/her schedule to compensate for all holidays and inclement weather days. Maintenance and litter removal shall be scheduled for all holidays and inclement weather days, unless otherwise indicated by the City. o Daily Schedule ■ Daily schedule shall be emailed to the Project Administrator before 8:00 a.m. each workday. It shall list site locations of crews and numbers assigned at each site. Changes to daily schedule can be made verbally or by email to the Project Administrator. o Performance on Schedule ■ The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly schedule. • PERFORMANCE DURING INCLEMENT WEATHER o During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. o Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. o The Contractor shall immediately notify the Project Administrator prior to removing the work force from the job site for agreement on degree of 221 Page 26-26 inclement weather or other reasons. If the Project Administrator cannot be reached, the Contractor shall notify the Parks Maintenance Supervisor. • UNDERGROUND EXCAVATIONS o The Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Project Administrator and Underground Service Alert (www.digalert.org) (1-800-227-2600) forty-eight (48) hours before commencing any excavation, to locate underground service lines. • PESTICIDES o The City shall maintain all documents that pertain to the use of pesticides on its property. o Contractor shall provide the Project Administrator with all of the following in paper and electronic format: ■ A copy of Contractor's Orange County Agricultural Commissioner's "Restricted Materials Permit/Operator I.D. numbers". ■ A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. Recommendation shall include a label and Material Safety Data Sheet for the pesticide proposed. Each complete set of recommendations shall be submitted in a binder (provide two (2) bound copies). ■ A "Pesticide Use Daily Record" for any site that a pesticide was used, within twenty-four (24) hours of application. Total amounts of pesticides applied shall be submitted weekly. ■ A weekly schedule indicating locations to be treated. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials", must be submitted twenty-four (24) hours before application. ■ An annual proposed pesticide list including the Environmental Protection Agency numbers and caution level of all the pesticides Contractor intends to use for this contract, before any such use. o A full-time Pest Control Operator will be assigned to the contract to apply all pesticides with a State of California Qualified Applicators License. ■ The pest control operator shall be provided a complete spray rig with a minimum one -hundred (100) gallon tank. The cost of all pesticides will be borne by the Contractor. o The Contractor shall not use any pesticide that has not been authorized by the Project Administrator in writing. 231 Page 26-27 Il. TECHNICAL MAINTENANCE SPECIFICATIONS • GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS o Perform all maintenance functions in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the Appendix C: Maintenance Frequency Summary. The City shall have the right to determine schedule days and the extent and frequency of additional as -needed services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed facilities. o Conduct all operations so as to provide maximum safety for the public and minimize disruption of the public use of City parks and facilities. o Keep all gutters, curbs, and walks adjacent to contract areas free of leaves, weeds, trash, and other debris. o Keep sidewalks free of algae where constant runoff occurs. o Remove leaves, weeds, trash, and other debris from landscaped areas and disposed of off-site. o Clean sidewalks, roadways, and any other areas littered or soiled by Contractor maintenance operations. o Maintain the premises free of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his/her construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used for the disposal of debris collected by the Contractor. o Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. o Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. o Notify the City immediately of any unusual and hazardous conditions at the work site. o Notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of City facilities. o Provide control measures for all insects, other like pests, and diseases. Any control measures should be approved first by the Project Administrator with written recommendations from the Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as 241 Page 2s -2s possible. Particular attention to burrowing rodents is necessary to protect the site. o Remove all animal feces or other materials detrimental to human health from park areas and properly dispose immediately. o Remove all broken glass and sharp objects and properly dispose immediately. o Inspect all areas, benches, picnic tables, and associated park amenities daily, and maintain in a neat, clean and safe condition at all times. o Inspect all play and sports equipment for vandalism, safety hazards and serviceability. Deficiencies shall be reported in writing immediately to the City. o Clean all sand and wood chip areas abutting maintained areas when dirtied by Contractor's operations and at other times as required. o Empty trash cans provided by the City daily, and wash after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. o Keep all concrete W" drains, to include the portion under the sidewalk, of vegetation, debris, and algae to allow unrestricted water flow. o Clean all other drainage facilities of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to the City. o Empty all barbecue grills of ashes and debris. • SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS o Drainage Facilities ■ All drainage structures shall be checked and cleaned to insure consistent unrestricted water flow. ■ Any damage to structures shall be noted immediately to the Project Administrator. ■ Failure to properly maintain drainage systems or to notify the Project Administrator of damaged systems will result in the Contractor assuming full responsibility for the repair of drainage damage to the facility. o Irrigation System Maintenance ■ The Contractor shall maintain the complete sprinkler system in an operable condition in those locations where operable systems exist. This includes but is not limited to controllers, backflow devices, flow sensors, master valves, manual and remote control valves, wiring, ®-.•T 26-29 pipes, vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter assembly as he/she may cause damage to these items. ■ Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. ■ Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for damages occurring due to under - watering or over -watering. ■ Contractor shall turn off irrigation systems during rains. ■ All replacements to be made with original type material or as directed. ■ Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. ■ Material substitutions shall be approved by the Project Administrator. ■ Necessary irrigation repairs shall be made prior to the next scheduled irrigation cycle. All repairs shall be made in accordance with City standard irrigation specifications stated in Appendix E: Standard Materials. ■ Irrigation programming charts will be included in monthly reports in January, April, July and October. ■ Areas shall only be irrigated between 10:00 p.m. and 6:00 a.m. ■ Contractor will maintain moisture sensors at all sites. ■ Contractor will maintain master valve and flow sensors at each site. Master valves will be tested weekly and repaired as required. ■ Irrigation replacement materials (old parts), such as, but not limited to: irrigation valves, UNIK controllers, steam rotors, Solenoids, Add - A -Zones and Diaphragm repair kits shall be provided to the Project Administrator for verification. ■ City shall reimburse Contractor for the actual cost, plus fifteen percent (15%) of all irrigation materials installed by the Contractor in the performance of Services. Actual costs shall be the best price available to Contractor, including all applicable discounts. Contractor shall provide City with a schedule of typical costs of irrigation parts, plant materials and other commonly used items within thirty (30) days from the date of the commencement of the Agreement and within thirty (30) days of each anniversary of the Commencement Date. Contractor shall retain records reflecting the 261 Page 26-30 actual cost of parts or materials used and the performance of services required by the Agreement. ■ The City reserves the right to purchase materials or parts and make them available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and/or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. ■ Contractor shall adopt reasonable methods during the duration of the Agreement to furnish continuous protection to City equipment and property and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, except such losses or damages as may be caused by the City's sole negligence or willful misconduct. ■ Contractor shall advise the City's Project Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. ■ Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. ■ Contractor shall repair damaged irrigation pipes, controllers and valves only after the City's Project Administrator has approved a written estimate of the cost of repair. ■ Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions. However, the Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as needed. A weekly Irrigation Tracking Worksheet shall be submitted to the City inspector, specifying locations, controller numbers, date of inspection, and type of repairs made. ■ Contractor shall not charge labor for any irrigation repairs, unless it is pre -approved by the City for emergency repairs on overtime. • WATER CONSERVATION o Contractor shall appoint a staff member to act as the Water Manager. The Water Manager shall have the following abilities and shall meet the following requirements: ■ Abilities • Meet City water restrictions and Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and monthly water 271 Page 26-31 allocations stated in Appendix F: Irvine Ranch Water District Landscape Irrigation Guidelines. • Maintain a healthy landscape. • Calculate evapotranspiration (ET) rates to gallons per minute (GPM). • Maintain all parks and landscape in a usable condition (no flooding due to over -irrigation). • Troubleshoot and diagnose irrigation systems issues, and recommend or take corrective action. ■ Requirements • Program all controllers according to City water restrictions and the IRWD allocation. • Notify the Contractor or City Representative of all required repairs. • Meet the IRWD monthly water allocations for each meter on all streetscape and park applications. The Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. • DAMAGES FOR WATER MANAGEMENT o Should the Contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the Contractor's monthly billing. o Deduction shall exclude all approved appeals such as mainline and control valve failures. o The Project Administrator shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over- allocation water billing to determine which water billing appeals are to be approved and which are to be waived. ■ The Contractor shall copy Project Administrator on all such appeals, include all meter readings, allocation calculations and proof of repairs. ■ Over -allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. • TURF MAINTENANCE o All turf is to be mowed once per week. 281 Page 26-32 o Frequency of mowing shall be scheduled so that no more than one-third (1/3) of the height of the grass plant is removed per mowing. o Borders shall be edged at each mowing with a gas -powered walk -behind edger. o Clippings shall be collected and removed unless otherwise directed by the City. o Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted. o Chemically kill turf around trees, as needed, a maximum of six (6) inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A two (2) inch layer of bark mulch (approved by City) shall be maintained in this area as requested. o Mechanically trim around vaults, posts, and other similar features. o Pick up all litter prior to mowing. o On all baseball infields, edging shall be performed using a string line and shall use the base paths as a guide. o Mow turf to the following heights: ■ Warm season turf grass: one-half (1/2) to one and one-quarter (1 '/) inches. ■ Bermuda Grass: one-half (1/2) to three-quarter (3/4) inches. ■ Cool season turf including Bluegrass, Perennial Rye, Fescues: one and one-half (1 Y2) inches to two and one-half (2 Y2) inches. ■ Kikuya and St. Augustine turf: one and one-quarter (1 1/) inches to one and three-quarter (1 3/) inches. o Mow all athletic fields using a reel -type mower shall be a minimum of 120 inches, unless otherwise directed by the City. Mowing shall be scheduled to occur only on Wednesdays, Thursdays, and Fridays; and shall not conflict with public use/sport group activities. Field mowers for passive areas shall be a minimum of 100 inches. o Vertical mowing of warm season grasses shall be done once per year in May for passive areas and August for athletic fields to allow for sufficient time for turf regeneration. o Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. o Cool season grasses shall be renovated to remove thatch as directed. 26-33 o All turf shall be fertilized four times per year using a homogenous, pellet or granular slow-release material. City must approve the material used. Apply at the following rates and time and/or based on soil analysis: ■ January: Mirimichi Soil Enhancer (or approved equivalent) fertilizer at 440 pounds per acre for athletic fields. ■ April: 22-3-9 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet at passive areas and athletic fields. ■ July: 21-3-5 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet at athletic fields. ■ October: 16-6-8 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet for passive areas and athletic fields. • Material shall be applied using a rotary -type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed. ■ The Contractor shall perform a soil fertility analysis at individual parks (up to 10) as directed by the City in the month of December and review the analysis with the Project Administrator in the month of January. ■ All materials must be approved by the Project Administrator. Quantities used must be submitted to the Project Administrator on the Monthly Fertilizer Use Report. o Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. ■ Turf areas must be maintained in a weed -free basis. ■ Chemical control of broadleaf weeds shall be initiated as needed on all turf. ■ The pest control applicator shall post all areas to be treated per label requirements and be present on treated sites until chemicals have dried. o Aerate all turf areas as often as required (minimum of twice per year; in May and September). Aerate all athletic fields six (6) times per year in the months of: December, February, April, June, August and October. o Aerate all turf with a mechanical aerator set with one-half (1/2) inch core spoons at not more than six (6) inch spacing and a minimum depth of four (4) inches. ■ Remove and dispose all cores. 301 Page 26-34 ■ Contractor is responsible for locating and marking all sprinkler components. ■ Topdress two times per year with approved topdress material (for athletic fields only, immediately following December and June aerations). For these aerations, Contractor shall use a twelve (12) inch deep tine aerator or City approved aerator depth. ■ Apply City approved, contractor supplied, perennial rye seed mix once per year in winter, at ten (10) pounds per 1,000 square feet; and Bermuda seed once per year in summer at four (4) pounds per 1,000 square feet for athletic fields. Contractor shall apply seed when topdressing takes place. ■ Apply Gypsum at twenty-five (25) pounds per 1,000 square feet to select turf areas (up to ten (10) athletic fields) one time per year as conditions dictate. ■ Contractor is responsible for damages due to aeration operations. o Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. ■ Irrigation must be scheduled to avoid either under -watering or over - watering. ■ Manually water where necessary. ■ Check operation of entire irrigation system at each site weekly, or more often when conditions warrant, to insure proper operation of irrigation system. o Control all rodent pests as necessary to provide a healthy and safe environment for turf and public. o Visually inspect all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs. Correct as necessary. o Scheduling of mowing and turf care maintenance times will be approved by the City. Use by the public will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. • GROUNDCOVER MAINTENANCE o All groundcover areas shall be maintained in a trimmed, weed -free condition. o Weeds shall be removed as they appear. No hoeing or scuffling is allowed. A pre -emergent herbicide shall be applied in all shrub and groundcover beds twice per year, once in April and once in September. 31 1 Page 26-35 o Morning glory and grass infestations shall be treated immediately when observed. o Groundcover areas shall be fertilized twice per year, once in March and once in October with JTM complete fertilizer at 10 pounds per 1000 square feet. Substitutions may be considered at the City's sole discretion. o Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants. Growth retardants may be used as approved by the City. o Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. o Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. o Bare groundcover areas shall be kept cultivated and raked of all debris. o Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure a layer of mulch at least two (2) inches thick all times. • SHRUB, VINE AND TREE MAINTENANCE o Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. o Quarterly trim all shrubs to maintain the size and shape specified by the Project Administrator. o Pruning shall be accomplished to maintain a natural appearance; decorative, poodle cuts, or other unnatural pruning will not be permitted. Beveled edges/no hard edges will be permitted. o Control pests as required, including snails and insects. o Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. o Areas shall be fertilized twice per year, once in April and once in September with JTM complete fertilizer at 10 pounds per 1000 square feet. Substitutions may be considered at the City's sole discretion. o Application of an iron chelate fertilizer or balanced fertilizer shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. o Irrigate as required to maintain adequate growth and appearance. Manually water or water track where necessary. 321 Page 26-36 o Careful attention not to prune or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, morea, fountain grasses and other similar plants shall be removed immediately after blooming or as directed by City. o All bare shrub bed areas shall be raked weekly to remove all litter and other debris. o Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures. Dead branches of plants shall be removed regularly. o Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. o Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure a layer of mulch at least two (2) inches thick all times. o All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. o Weeds shall be removed as they appear. A pre -emergent herbicide shall be used twice per year where appropriate around shrubs, vines and trees, and as approved by the City. o The Contractor is responsible for trimming all trees up to twelve (12) feet in height. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. ■ Remove all suckers from base of trees as they develop throughout the year. ■ Stake and support trees as necessary. Staking and guying shall be as directed by the City. Staking materials shall be supplied at the Contractor's expense. ■ All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. ■ Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. ■ Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Landscape Manager if any of the above conditions exists. 331 Page 26-37 ■ Except for emergency removal, no tree/shrub shall be removed without prior direction or approval of the City. Trees/shrubs badly damaged and in need of replacement shall be brought to the attention of the Landscape Manager. ■ Water as required to maintain proper and vigorous growth according to variety. Manual water where necessary. ■ Tree wells shall be maintained with two (2) inch thick layer of bark mulch at Contractor's expense, as requested. Weeds shall be removed, including their roots, before they reach three (3) inches in height. ■ All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. ■ All palms shall be fertilized with Palm Plus fertilizer once in March, once in June and once in October. o Complete pruning, heading back, lacing out, or removal will only be done at the direction of the City and at the prescribed unit price. All such pruning shall be made in accordance with current International Society of Arboricultural techniques and practices that promote the natural character of the tree. o All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions. • HARDSCAPE MAINTENANCE o During each site visit, concrete (including stamped concrete) and asphalt areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios, shall be checked and cleaned. ■ All expansion joints and cracks are to be maintained free of weeds. ■ Dirt, litter, and other debris must be removed on a weekly basis. ■ Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Landscape Manager. o Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. 341 Page 26-38 • GENERAL GROUNDS POLICING o The Contractor shall provide general grounds policing and inspection five (5) days per week, except general grounds policing and inspection will be six (6) days per week from Memorial Day through Labor Day, including holidays. o Empty trash cans provided by the City daily, and wash after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. ■ The contractor is not responsible for emptying trash cans at: • Grant Howald Park • Look put Point • Inspiration Point • Little Corona • Corona del Mar State Beach • Goldenrod Foot Bridge o Remove all litter and other debris from sites. o If refuse or litter is not removed during site visit, said litter or debris will be considered an emergency and removed immediately upon notification by the City. Failure of said removal may result in deduction of payment for that date, week, or month. o Provide safety and facility inspections and immediately report any deficiencies to the Project Administrator. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: ■ Light standards and fixtures ■ Walls, fences, gates, park benches, gazebos ■ Signage ■ Graffiti o All areas, benches, picnic tables, and associated park amenities shall be inspected and cleaned. Contractor shall use a wet rag to wipe these down as needed. • SANDIWOOD CHIP AREAS o These areas shall include tot lots, play areas, volleyball courts, etc. o All sand and wood chip areas shall be cleaned and raked level, five (5) days per week, and six (6) days per week from Memorial Day through Labor Day, including holidays. 351 Page 26-39 o All areas shall be maintained weed -free. o During the first week in April, June, August, October, December and February, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. o Sand and/or wood chips shall be replenished as necessary to maintain optimum level in each area, and final level shall be determined by the City for each area. Replacement sand shall be at least equivalent to washed plaster sand and approved by the City (standard designation of rock product suppliers to denote a type and cleanliness of sand). All additional sand or wood chips that are added shall be at the Contractor's expense. • SPECIALTY/SPORTS AREAS o These areas shall include tennis courts, handball courts, basketball courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt, and concrete and decomposed granite walkways. o All areas shall be inspected five (5) days per week, and six (6) days per week from Memorial Day through Labor Day including holidays. o All areas shall be maintained in a neat, clean and safe condition at all times. Areas shall be swept and/or raked and debris disposed of off-site in order to remove all deposits of silt, sand, glass, paper, leaves and other debris. o All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. o All broken glass and sharp objects shall be removed immediately. o On Monday and Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. o All hard surface areas shall be inspected for uplifts and/or tripping hazards. All uplifts and/or tripping hazards shall be barricaded immediately and the City notified verbally within two (2) hours and by written memo within twenty-four (24) hours. o All play and sports equipment within hardscape areas shall be inspected for vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing immediately to the City. • DRINKING FOUNTAINS o Inspect, clean, and adjust five (5) days per week. 361Page 26-40 o Report any deficiencies to the City immediately in writing. • NATIVE AND DROUGHT TOLERANT PARK MAINTENANCE o Locations: ■ Back Bay View Park, Castaways Park, Morning Canyon, Bonita Canyon Sports Park, Coastal Peak Park, Upper and Lower Buck Gully, Mesa Birch Park, and Sunset Ridge Park. o These requirements are in addition to all of the preceding Technical Maintenance Specifications: ■ All native and drought tolerant plant material at these sites will be maintained in their natural shape. All dead wood for natives will remain on the plant or where it has fallen. ■ The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non-native weed species will be allowed. ■ The Contractor's maintenance personnel will be trained to distinguish weedy plant species from native or drought tolerant vegetation to ensure that only weedy species are removed. ■ All weeds will be removed manually before they can attain a height of six (6) inches or produce seeds, whichever comes first. ■ Pulled weeds will be placed in a mantilla to prevent the seeds from coming in contact with the ground and removed from the project site during the same day's maintenance. ■ For Morning Canyon Park and Buck Gully, leaf and branch drop and organic debris from native species shall be left in place. ■ For California Meadow Sedge areas at Castaways Park follow Turf Maintenance Specifications, unless otherwise directed by City. Wash mower, weed whip or other equipment thoroughly prior to each mow at Castaways Park. Apply two (2) inch layer of mulch to walkways at Castaways Park and Back Bay View Park twice per year. Hand -pull all weeds in California Meadow Sedge areas prior to each mow; no chemical eradication will be permitted. ■ Hand water trees without bubblers as needed at Castaways Park, Morning Canyon Park and Buck Gully. Monitor excessive summer irrigation to Oak trees at Castaways Park, especially those situated in California Meadow Sedge areas. ■ Where applicable, inspect rabbit fencing once per week. ■ At several times during the year, especially during the rainy season (November — May), the Contractor will have to make sure there is sufficient staff to accommodate manual removal of all weeds throughout the sites. If the Contractor fails to increase staff to 371Page 26-41 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. 381 Page 26-42 APPENDICES Appendix A: Minimum Staff Requirements Appendix B: Landscape Maintenance Area Maps Appendix C: Maintenance Frequency Schedule Appendix D: Mandatory Mowing Schedule Appendix E: Standard Materials Appendix F: Full Landscape Maintenance Locations & Acreage Appendix G: Turfgrass Only Maintenance Locations & Acreage Appendix H: Irvine Ranch Water District Landscape Irrigation Guidelines Appendix I: Required Reports Mariposa Landscapes, Inc. Page A-1 26-43 APPENDIX A: MINIMUM STAFF REQUIREMENTS Position # of Work Performed Required Vehicle(s) Location(s) Employees Supervisor 1 One (1) Pickup Truck or All sites equal Irrigation Technician 3 Irrigation maintenance Three (3) fully stocked All sites EXCEPT trucks with irrigation Bonita Canyon controller remotes for Sports Park Rainmaster Irrigation Technician 1 Irrigation maintenance One (1) fully stocked Bonita Canyon truck with irrigation Sports Park controller remote for Rainmaster Mow Crew Driver 2 Mowing/turf maintenance Two (2) crew cab truck with trailers All sites Mow Crew Laborers 4 Leadworker 2 Two (2) crew cab trucks Detailed 5 Various Sites Maintenance Worker Back Bay View Park, Castaways Detailed 2 Park, Morning Maintenance Worker Detailed Maintenance Canyon, Mesa Birch Park, and Buck Gully Detailed 2 One (1) truck or utility Bonita Canyon Maintenance Worker vehicle Sports Park Detailed 2 One (1) truck or utility Sunset Ridge Park Maintenance Worker vehicle Driver 2 General litter control, Two (2) One -ton stake All Contract sites refuse removal, and bed truck grounds policing Pest Control 1 Pest control operations One (1) fully -stocked All Contract sites Applicator spray truck with a minimum 100 gallon tank Total Employees 27 Total Vehicles 14 All City Required Required Locations Mariposa Landscapes, Inc. Page A-2 26-44 APPENDIX B: LANDSCAPE MAINTENANCE AREA MAPS To view and/or download Appendix B, the Landscape Maintenance Area Maps, please visit City of Newport Beach Planetbids Portal. File Name: Landscape Maintenance Area Maps 2015.pdf To view a map of the City, along with a majority of facilities and parks highlighted, please visit the City of Newport Beach webpage link below: httpJ/nb.qis.newportbeachca.qov/gispub/MapCatalog/pdf maps/commfacilities 11X17.p df* *Note: this map does not include all areas to be maintained by this agreement. The map is simply a guideline to understand the scope and distance in which the Contractor will be required to perform. It is the Contractor's responsibility to research all areas proposed for maintenance under this scope. Mariposa Landscapes, Inc. Page A-3 26-45 APPENDIX C: MAINTENANCE FREQUENCY SCHEDULE FUNCTION FREQUENCY Irrigation Maintenance Minimum twice a week at Goldenrod Foot Hand watering Bridge Geranium Planters Operational Inspection Weekly Program Irrigation Controllers Weekly Test Master Valves Weekly Turf Maintenance Visual Inspection Weekly Mowing Weekly Clipping Removal At each mowing Edging At each mowing, as -needed for Sports Fields Trimming At each mowing Fertilize Four times/year * See scope for schedule Aerate Twice/year, six times/year for Sports Fields Topdress Application with approved perennial rye seed (winter) and Bermuda seed (summer) Twice/year for Sports Fields Vertical Mow Once/year Thatch Removal Once/year Gypsum Application Once/year for select turf sites Pest and Weed Control As needed Groundcover Maintenance Visual Inspection Weekly Trim Monthly Fertilize with JTM Twice/year Pre -emergent Application Twice/year Pest and Weed control As needed Shrub, Vine, and Tree Maintenance Visual Inspection Weekly Rake Weekly Restake/Check Each site visit/every two weeks min. Trim Four times/year Fertilize with JTM Twice/year - Once/year for trees —three/year for palm trees Hardscape Maintenance Five days/ week, Six days/ week Memorial Day through Labor Day Mariposa Landscapes, Inc. Page A-4 26-46 Grounds Policing (Including Sand/Wood Chip Areas, Specialty/Athletic Areas, and Park Amenities) Visual Inspection Five days/week, Six days/week Memorial Day through Labor Day Litter Removal Five days/week, Six days/week Memorial Day through Labor Day Seven days/week Memorial Day through Labor Day at: 1. Corona del Mar State Beach 2. Lookout Point 3. Ocean Blvd Bluffs 4. Inspiration Point Sand/Wood Chip Area Maintenance Rototill Sand Six times/year Replenish As needed Specialty/Sports Area Maintenance Sweep or Blow After each mow Drinking Fountain Maintenance Inspect Five/week Clean Five/week Adjust Five/week Site Inspection Five days/ week, Six days/ week Memorial Day through Labor Day Mariposa Landscapes, Inc. Page A-5 26-47 APPENDIX D: MANDATORY MOWING SCHEDULE Before 9:00 AM Before 10:00 AM After 1:00 PM After 1:30 PM 38th St. Park Peninsula Park Buffalo Hills Park Sports Fields Lincoln Athletic Center Newport Pier Plaza West Jetty View State Beach West Newport Park Ocean Blvd. Bluffs Ensign View Park All Libraries Irvine Terrace Park All Fire Stations Balboa Island Park All Play Areas San Joaquin Hills Park San Miguel Park Begonia Park Mariposa Landscapes, Inc. Page A-6 26-48 APPENDIX E: STANDARD MATERIALS All materials used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by the Project Administrator. • TURF FERTILIZERS, ETC. o All commercial fertilizers must be homogenous. o All organic fertilizers must have lowest salinity rate possible. o No steer or chicken manure is allowed. o All fertilizers, planting medium, humus material, etc. must be City approved. • PLANTING o All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and groundcovers must be approved by the Project Administrator before planting. o All shrubs and trees shall be planted with approved soil amendment. o All trees shall be planted with root barriers, tree stakes, and ties. o Hand -spread and rake in City Supplied seed in Native Park areas. • PESTICIDES o Roundup or equivalent o Snapshot or equivalent o Talstar or equivalent o Merit or equivalent o All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. STANDARD IRRIGATION MATERIALS LIST: . HEADS o Toro 570Z-PRX-COM with Precision Series Spray Nozzle (small turf areas) o Rain Bird 3500 (small / medium turf areas) o Rain Bird 5000 (medium turf areas) o Toro TR50XT (medium/large turf) o Toro TR70XTP or Toro 2001 (large turf areas) Mariposa Landscapes, Inc. Page A-7 26-49 o Toro 570-PRXCOM with Precision Series Rotating Nozzle (slopes & groundcover areas) • CONTROLLER o Rain Master Evolution DX2 irrigation controller with flow, radio & antenna • DRIP AND SPECIALIZED LOW-VOLUME IRRIGATION o Rain Bird Xerigation o Landscape Drip o Rain Bird XCZ-100-PRF Drip Zone Kit o Rain Bird XF Drip lines — 0.9 GPH, 12 inch spacing o Toro Precision Series Rotating Nozzle • BATTERY -POWERED IRRIGATION o Toro DDCWP Battery -Powered Controller • MISCELLANEOUS o Febco 825Y RP Backflow Device o Spears # DS -100 Dri-Splice Connectors with crimp sleeves o Spears # DS -300 Dri-Splice Sealant o Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover o Griswold DW Series Valve (Control Valve) o Griswold DW Series Valve with DC latching solenoid (use with battery powered controller) o Griswold 2160 Solenoid Valve (Normally Open Master Valve) o Griswold 2000 Solenoid Valve (Normally Closed Master Valve) o Matco 754 Series Full Port Ball Valve o Schedule 40 PVC Lateral Pipes o Class 315 Main Supply Pipe (2" and larger) o Schedule 40 PVC Main Supply Pipe (1-1/2" and smaller) o Rectangle Valve Box -Plastic -18"L x 12"W x 12"D o Round Valve Box -Plastic -10" o Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. o Rain Master EVFM Flow Sensor o DC Latching Solenoid for Griswold DW Series Valve Mariposa Landscapes, Inc. Page A-8 26-50 APPENDIX F: FULL LANDSCAPE MAINTENANCE LOCATIONS & ACREAGE PARK ADDRESS Athletic Athletic Fields Total Acreage Arroyo Park 114 Bayswater, Bison Ave at Bayswater 5.46 2.82 8.28 Back Bay View Park 1900 Back Bay Dr, Jamboree and Coast Hwy 10.76 0.00 10.76 Balboa Island Park 115 Agate Ave 0.26 0.00 0.26 Balboa Yacht Basin 829 Harbor Island Drive 1.72 0.00 1.72 Bayside Drive Bayside Dr, between Carnation and Marguerite 3.58 0.00 3.58 Bayview Mesa Dr and Bay View Ave 2.10 0.00 2.10 Begonia Begonia Ave and First Ave 2.22 0.00 2.22 Bob Henryand 900 Dover Dr, 16th Street Dover Dr 3.36 1.98 5.34 Bonita Canyon Sports Park 1990 Ford Rd 36.40 6.18 42.58 Bonita Creek Park 3010 La Vida 10.69 1.82 12.51 Buck Gully & Fifth Poppy and Fifth 0.74 0.00 0.74 Buffalo Hills 1891 Port Provence PI 13.17 4.07 17.25 Castaways Park 700 Dover Dr 15.90 0.00 15.90 China Cove Ramp Ocean Blvd and Fernleaf 0.27 0.00 0.27 Coastal Peak Park 20403 East Coastal Peak 6.97 4.27 11.24 Corona Del Mar Library/Fire Station 420 Marigold 0.36 0.00 0.36 Corona Del Mar State Beach 3001 Ocean Blvd 4.64 0.00 4.64 Eastbluff 2401 Vista Del Oro 11.28 1.46 12.74 Fire Station #4 124 Marine Ave 0.02 0.00 0.02 Fire Station #7 1971 Mesa Dr 2.11 0.00 2.11 Goldenrod Footbridge 399 Goldenrod Ave 0.08 0.00 0.08 Grant Howald 3000 Fifth Ave 7.29 1.38 8.67 Harbor View Nature San Miguel Dr, east of Pacific View Dr 10.09 0.00 10.09 Inspiration Point Ocean Blvd and Orchid Ave 1.45 0.00 1.45 Irvine Terrace 721 Evita Dr 4.96 2.74 7.69 Jasmine View Harbor View Dr and Marguerite Ave 1.08 0.00 1.08 Lincoln Athletic Center 3101 Pacific View Dr 4.35 7.31 11.66 Little Corona Ocean Blvd and Poppy Ave 0.77 0.00 2.28 Lookout Point Ocean Blvd and Heliotrope Ave 0.42 1 0.00 0.42 Mariposa Landscapes, Inc. Page A-9 26-51 Lower Buck Gully 214 Glen Dr 2.14 0.00 2.14 Lower Castaways 100 Dover Dr 4.13 0.00 4.13 Manning Tract 2001 W New ort Hills Dr 1.64 0.00 1.64 Mesa Birch 2081 Mesa Dr 0.85 0.00 0.85 Morning Canyon Surrey Dr. and Rockford Rd. 0.56 0.00 0.56 Ocean Blvd Bluffs Ocean Blvd from Bayview to Poppy Ave 2.70 0.00 2.70 Old School Dahlia Ave and Fourth Ave 0.82 0.00 0.82 Police Department/Fire Station #3 868-870 Santa Barbara Dr 2.90 0.00 2.90 San Joaquin Hills 1550 N Crown Dr 3.13 0.00 3.13 San Miguel San Miguel Dr and Spyglass Hill Rd 5.12 2.29 7.41 Spyglass Hill Park Spyglass Hill Rd and EI Capitan Dr 1.53 0.00 1.53 Spyglass Hill Reservoir 21 Muir Beach Cir 1.03 0.00 1.03 Sunset Ridge Park 4850 W Coast Hwy 8.73 4.25 12.98 Sunset View Superior Ave, north of W Coast Hwy 1.22 0.00 1.22 Mariposa Landscapes, Inc. Page A-10 26-52 APPENDIX G: TURFGRASS ONLY MAINTENANCE LOCATIONS & ACREAGE Mariposa Landscapes, Inc. Page A-11 26-53 Athletic 0.00 Tota 0.01 •eD- "A" Street Pump Station 815 E Bay Ave Non- 0.01 38th Street Park 3600 Balboa Blvd 0.22 0.00 0.22 Bolsa Bolsa Ave and Old Newport Blvd. 0.10 0.00 0.10 Channel Place 4400 Channel PI 0.77 0.00 0.77 City Hall - Former 3300 Newport Blvd 1.02 0.00 1.02 Cliff Drive 301 Riverside Ave 2.04 0.00 2.04 Ensign View 2501 Cliff Dr 0.75 0.00 0.75 Fire Station #1/Balboa Library 100-110 Balboa Blvd E 0.28 0.00 0.28 Fire Station #2 475 32nd St 0.02 0.00 0.02 Fire Station #6 1348 Irvine Ave 0.05 1 0.00 0.05 Galaxy View Park 1398 Galaxy Dr 0.73 0.00 0.73 Kings Road 1801 Kings Rd 0.13 0.00 0.13 L Street Park 327 L St 0.41 0.00 0.41 Lido Park Via Lido and Lafayette Ave 0.41 0.00 0.41 Mariners 1300 Irvine Ave 2.51 1.33 3.84 Newport Island Park 3809 Marcus Ave 0.13 0.00 0.13 Newport Pier Plaza 72 Newport Pier 0.15 0.00 0.15 Newport Shores 220 61 st St 0.26 0.00 0.26 Peninsula A St and Ocean Front E 2.07 1.60 3.67 Veteran's Memorial 215 15th St 0.39 0.00 0.39 West Jetty 2300 Channel Rd 0.37 0.00 0.37 West Newport Park Seashore Dr and Prospect St 3.41 0.00 3.41 Westcliff Polaris Dr and Morning Star Ln 0.79 0.00 0.79 Mariposa Landscapes, Inc. Page A-11 26-53 IRVINE RANCH WATER DISTRICT LANDSCAPE IRRIGATION GUIDELINES Water used for irrigation will be supplied by the Irvine Ranch Water District (IRWD). It is the responsibility of the Contractor to understand the water usage rate tiers based on allocation and to periodically review the IRWD guidelines, as they are updated on a regular basis. Irvine Ranch Water District Landscape Irrigation Information http://www.irwd.com/customer-care/understanding-vour-bill/landscape-irrigation- rates_html Landscape Irrigation Schedule of Rates and Charges http://www.irwd.com/assets/files/Financial%20Files/RatesandCharges-Current.pdf Explanation of Bill http://www.irwd.com/assets/files/Customer%20Service/Your Bill Explained 7.12.pdf Meter and Allocation Log http://www.irwd.com/assets/files/Conservation/MeterAllocLog[1 l.pdf Using the Meter and Allocation Log http://www.irwd.com/assets/files/Conservation/usinglog.pdf Landscape Irrigation Adjustment Request Form http ://www. irwd.com/assets/files/Conservation/LANDSCAPE%201 RRI GATION%20ADJ USTMENT%20REQUEST%20FORM FINAL.pdf Instructions for Completing Landscape Irrigation Adjustment Request Form http://www.irwd.com/assets/files/Conservation/INSTRUCTIONS.pd Suggested Weekly Schedule for Spray -Head Irrigation http://www. irwd.com/alwayswatersmart/weekly-irrigation-schedule.htmi Mariposa Landscapes, Inc. Page A-12 26-54 APPENDIX I: REQUIRED REPORTS • Daily o Daily email with site locations of crews and numbers assigned at each site. • Weekly o Weekly Maintenance Schedule, including approved extra work and chemical use schedules. o Weekly Master Valve/Flow Sensor inspection checklist. o Weekly Performance Report. o Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required). A weekly Irrigation Tracking Worksheet shall be submitted to the Project Administrator, specifying locations, controller numbers, date of inspection, and type of repairs made. o Weekly schedule of pesticide applications. • Monthly o Monthly Chemical Use Report (As sent to the County Agriculture Commission), daily as needed for certain applications. o Monthly Fertilizer Use Report. o Monthly maintenance inspection list for all sites, performed by the Contractor supervisor. o Required tailgate safety meeting records, include with Monthly Maintenance Report. o Monthly pest control inspection for all sites conducted by a Qualified Licensed Applicator. o Monthly maintenance report which includes Monthly Greenwaste Report. • Quarterly o Irrigation controller programming charts, submitted quarterly (January, April, July, October). • Annually o Annual Maintenance Schedule which includes: Organization chart, mow and trash schedules, once per year submittal. o Annual pesticide safety training records. o Annual Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets. Mariposa Landscapes, Inc. Page A-13 26-55 EXHIBIT B SCHEDULE OF BILLING RATES LANDSCAPEFULL Noil- Athletic ®Fields• 0 114 Bayswater, Bison Ave at Arroyo Park Bayswater 5.46 2.82 8.28 $47,900.00 1900 Back Bay Dr, Back Bay View Jamboree and Coast Park Hwy 10.76 0.00 10.76 $75,368.00 Balboa Island Park 115 Agate Ave 0.26 0.00 0.26 $1,900.00 Balboa Yacht 829 Harbor Island Basin Drive 1.72 0.00 1.72 $12,000.00 Bayside Dr, between Carnation and Bayside Drive Marguerite 3.58 0.00 3.58 $20,100.00 Mesa Dr and Bay Bayview View Ave 2.10 0.00 2.10 $14,700.00 Begonia Ave and Begonia First Ave 2.22 0.00 2.22 $14,550.00 900 Dover Dr, 16th Bob Henry Street and Dover Dr 3.36 1.98 5.34 $32,400.00 Bonita Canyon Sports Park 1990 Ford Rd 36.40 6.18 42.58 $288,970.00 Bonita Creek Park 3010 La Vida 10.69 1.82 12.51 $77,500.00 Buck Gully & Fifth Poppy and Fifth 0.74 0.00 0.74 $5,200.00 1891 Port Provence Buffalo Hills PI 13.17 4.07 17.24 $123,324.00 Castaways Park 700 Dover Dr 15.90 0.00 15.90 $105,000.00 Ocean Blvd and China Cove Ramp Fernleaf 0.27 0.00 0.27 $1,900.00 20403 East Coastal Coastal Peak Park Peak 6.97 4.27 11.24 $78,700.00 Corona Del Mar Libra /Fire Station 420 Marigold 0.36 0.00 0.36 $2,520.00 Corona Del Mar State Beach 3001 Ocean Blvd 4.637 0.00 4.64 $32,500.00 Eastbluff 2401 Vista Del Oro 11.28 1.46 12.74 $79,000.00 Fire Station #4 124 Marine Ave 0.02 0.00 0.02 $250.00 Fire Station #7 1971 Mesa Dr 2.11 0.00 2.11 $14,770.00 Goldenrod Footbridge 399 Goldenrod Ave 0.08 0.00 0.08 $550.00 Grant Howald 3000 Fifth Ave 7.29 1.38 8.67 $61,000.00 San Miguel Dr, east Harbor View Nature of Pacific View Dr 10.09 0.00 10.09 $60,600.00 Mariposa Landscapes, Inc. Page B-1 26-56 Mariposa Landscapes, Inc. Page B-2 26-57 Ocean Blvd and Inspiration Point Orchid Ave 1.45 0.00 1.45 $10,150.00 Irvine Terrace 721 Evita Dr 4.96 2.74 7.69 $51,800.00 Harbor View Dr and Jasmine View Marguerite Ave 1.08 0.00 1.08 $6,560.00 Lincoln Athletic Center 3101 Pacific View Dr 4.35 7.31 11.66 $71,600.00 Ocean Blvd and Little Corona Poppy Ave 0.77 0.00 0.77 $4,460.00 Ocean Blvd and Lookout Point Heliotrope Ave 0.42 0.00 0.42 $2,100.00 Lower Buck Gully 214 Glen Dr 2.14 0.00 2.14 $12,900.00 Lower Castaways 100 Dover Dr 4.13 0.00 4.13 $24,000.00 2001 W Newport Hills Manning Tract Dr 1.64 0.00 1.64 $9,500.00 Mesa Birch 2081 Mesa Dr 0.85 0.00 0.85 $5,000.00 Surrey Dr. and Morning Canyon Rockford Rd. 0.56 0.00 0.56 $3,000.00 Ocean Blvd from Bayview to Poppy Ocean Blvd Bluffs Ave 2.70 0.00 2.70 $15,000.00 Dahlia Ave and Old School Fourth Ave 0.82 0.00 0.82 $4,700.00 Police Department/Fire 868-870 Santa Station #3 Barbara Dr 2.90 0.00 2.90 $19,300.00 San Joaquin Hills 1550 N Crown Dr 3.13 0.00 3.13 $19,000.00 San Miguel Dr and San Miguel Spyglass Hill Rd 5.12 2.29 7.41 $43,000.00 Spyglass Hill Rd and Spyglass Hill Park EI Capitan Dr 1.53 0.00 1.53 $8,700.00 Spyglass Hill Reservoir 21 Muir Beach Cir 1.03 0.00 1.03 $6,500.00 Sunset Ridge Park 4850 W Coast Hwy 8.73 4.25 12.98 $90,526.00 Superior Ave, north Sunset View of W Coast Hwy 1.22 0.00 1.22 $6,500.00 TOTAL FULL LANDSCAPE MAINTENANCE ANNUAL COST $1,564,998.00 Mariposa Landscapes, Inc. Page B-2 26-57 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Mariposa Landscapes, Inc. Page C-1 26-58 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Pollution Liability Insurance. If required, Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims - made policies require a 5 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. Mariposa Landscapes, Inc. Page C-2 26-59 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, Mariposa Landscapes, Inc. Page C-3 26-60 or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Mariposa Landscapes, Inc. Page C-4 26-61 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," a contract for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars and _/100 ( ), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to Mariposa Landscapes, Inc. Page D-1 26-62 be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: :- Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Mariposa Landscapes, Inc. Page D-2 26-63 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Mariposa Landscapes, Inc. Page D-3 26-64 ATTACHMENT B City of Newport Beach BUDGET AMENDMENT 2015-16 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 X from unappropriated fund balance EXPLANATION: NO. BA- 16BA-014 AMOUNT:1 $165,397.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations from the General Fund Unappropriated Fund Balance to provide fundi for the increased costs associated with landscape maintenance services at City parks and facilities. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object Description 010 300000 General Fund - Fund Balance REVENUE ESTIMATES Org Object Description EXPENDITURE APPROPRIATIONS Description Org Number 0109031 Municipal Operations - Parks Object Number 811020 Contract Services Project Number Signed: _ Fi Signed: Signed Approval: Fina Administr-aWe Approval: City Mana City Council Approval: City Clerk Amount Debit Credit $165,397.00 * Automatic $165,397.00 0-/7-t a Date W16 . Date Date 26-65