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HomeMy WebLinkAbout07 - Approval and Award of Agreement for Weed Abatement ServicesQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report April 23, 2019 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Anthony Petrarca, Landscape Supervisor, apetrarca@newportbeachca.gov PHONE: 949-644-3084 TITLE: Approval and Award of Agreement for Weed Abatement Services to Natures Image, Inc. ABSTRACT: The City utilizes a contractor to perform weed abatement and vegetation management services throughout the city. The current agreement is set to expire on June 30, 2019. Upon completion of a recent request for proposal and selection process, staff requests City Council's approval to enter into a five-year agreement with Natures Image, Inc. to provide these services. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a five-year term agreement with Natures Image, Inc. for weed abatement and vegetation management services for a total not -to -exceed amount of $1,974,933.24, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 19BA-044 appropriating $40,000 from General Fund unappropriated fund balance to the Parks Division, Hazard Mitigation Account No. 0109031-841055 within the Public Works Department operating budget for weed abatement and vegetation management services with funding to be continued with each annual operating budget proposal. FUNDING REQUIREMENTS: Budget Amendment 19BA-044 appropriates $40,000.00 in increased expenditure funding from General Fund unappropriated fund balance to a Hazard Mitigation account within the Parks Division of Public Works. 7-1 Approval and Award of Agreement for Weed Abatement Services to Natures Image, Inc. April 23, 2019 Page 2 This service has three components: weed abatement services, landscape maintenance for slope stabilization and vegetation management, and clearing of debris and vegetation from storm drain and v -ditches. The proposed agreement includes increased services to mitigate against fire hazards and to accommodate clearing debris from storm drain related structures. The annual costs of these services also accommodate prevailing wage requirements and increases to labor rates, as well as additional fuel modification acreage within Buck Gully. Upon approval of the Budget Amendment, the current adopted budget includes sufficient funding for this service. Weed abatement services will be expensed to the Parks Maintenance account in the Public Works Department, Account No. 0109031- 841055. Landscape maintenance services will be expensed to Parks Maintenance account(s) in the Public Works Department, Account Nos. 0109031-851037 and 0109031-811008. Storm drain / v -ditch debris removals will be expensed to the Storm Drain Maintenance account in the Utilities Department, Account No. 0109062-811024. DISCUSSION: The City's current agreement with Southland Landscape Maintenance and Installation (Southland) for weed abatement services expires on June 30, 2019. The primary purpose of this agreement is to control, manage and preserve vegetation and habitat surrounding homes and open areas throughout the City in an effort to keep these grounds safe from fire hazards and to meet state standards. These services include vegetation clearance, trimming, erosion protection, slope stabilization, slope restoration, planting, hazard reduction, weed abatement, storm drain debris clearing, and v -ditch debris and vegetation removal at designated locations throughout the City. It should be noted that this agreement does not include any spraying of insecticides or herbicides, and is only for manual hand -tool labor of weeds and other hazards as per the City's Integrated Pest Management Policy. Over the past five years, Southland has done a superior job at maintaining the City's vegetation and keeping it free from weeds and fire hazards and its crew has become expert in meeting the City's needs for this service. With the owner of Southland announcing his pending retirement and the upcoming expiration of the existing agreement, staff sent out a Request for Proposals (RFP) in January to continue this service. The City received three (3) Proposals in response to the RFP. A committee of three evaluators from the Public Works Department, Fire Department, and Utilities Department as well as the City's Purchasing Agent reviewed the proposals and costs. Natures Image, Inc. proposed the lowest cost for the requested service and received the highest technical score, as shown in the table below. Nature's Image received an exceptional technical score due largely in part to outstanding references received from their other public agency clients, including extensive weed abatement project history with the County of Orange. In addition to all the weed abatement services called for in the RFP, Nature's Image also addressed a very specific area from the City's specifications - debris removal from drainage channels — and demonstrated their ability to perform this work through their experience, qualifications and project approach. 7-2 Approval and Award of Agreement for Weed Abatement Services to Natures Image, Inc. April 23, 2019 Page 3 RANK PROPOSER TOTAL SCORE FIRST YEAR ANNUAL COST (Weed Abatement) 1 Natures Image, Inc. 91.00/100 $212,102.00 2 Helix Environmental Construction Group, Inc. 86.44/100 $226,583.00 3 Brightview Landscape Services, Inc. 75.61/100 $318,820.66 The new agreement with Natures Image, Inc. has a yearly fixed maintenance cost specifically for weed abatement and brush clearance associated with fire fuel reduction areas of $212,102 (adjusted for inflation annually). The agreement also includes annual not -to -exceed values for as -needed landscape maintenance and storm drain/v-ditch debris and vegetation removal, including 15.91 acres of fuel reduction service are in Buck Gully. The specific volume of this as -needed work is determined annually by the City and may vary from year to year. Staff recommends award of a new five-year landscape maintenance agreement for weed abatement services to Natures Image, Inc. for a total not -to -exceed amount of $1,974,933.24. Estimated annual contract cost for required weed abatement/fuel reduction, additional as -needed vegetation management, and debris and vegetation removal from storm d rai ns/v-d itches is shown in the below table. YEAR ESTIMATED ANNUAL COSTS 2% CPI 1 $379,500.00 N/A 2 $387,090.00 $7,590.00 3 $394,831.80 $7,741.80 4 $402,728.40 $7,896.64 5 $410,783.00 $8,054.57 Total NTE Value: $1,974,933.24 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 7-3 Approval and Award of Agreement for Weed Abatement Services to Natures Image, Inc. April 23, 2019 Page 4 ATTACHMENTS: Attachment A — Maintenance/Repair Services Agreement with Natures Image, Inc. Attachment B — Budget Amendment 19BA-044 7-4 ATTACHMENT A MAINTENANCE/REPAIR SERVICES AGREEMENT WITH NATURE'S IMAGE, INC. FOR WEED ABATEMENT SERVICES THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 23rd day of April, 2619 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Nature's Image, Inc., a California corporation ("Contractor"), whose address is 26361 Hermana Circle Lake Forest, CA 92630, 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 maintenance and/or repair services for City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on May 1, 2024, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform ail 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 community professional standards with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality. 7-5 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. 2.3 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.3.1 A detailed description of the Services to be provided; 2.3.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.3.3 The estimated number of hours and cost to complete the Services; 2.3.4 The time needed to finish the specific project. 2.4 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 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. Nature's Image, Inc. Page 2 7-6 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 Four Thousand Nine Hundred Thirty Three Dollars and 241100 ($1,974,933.24), without prior written amendment to the Agreement. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month forwhich 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 Nature's Image, Inc. Page 3 7-7 Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Andrew J. Fox 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. 5. ADMINISTRATION This Agreement will be administered by the Public Works. City's Deputy Director of Public Works, Municipal Operations Division 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. Will »',1' I III I►6*1 r,1I W_A III IQ? Kelm th ly110 0 0-11 :t9 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 community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and Nature's Image, Inc. Page 4 7-8 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, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). ........... Nature's Image, Inc. Page 5 7.9 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 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. Nature's Image, Inc. - — - - Page 6 7-10 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or far other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. LABOR AND PREVAILING WAGE REQUIREMENT 15.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. 15.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 15.3 This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the tenus of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the agreement. 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 agreement shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770-7981, inclusive). 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any Nature's Image, Inc. Page 7 7-11 of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, pian, 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. 13. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Nature's Image, Inc. Page 8 7-12 P411�11'I11i:IMe Col. wel. Le&*J City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et s, eq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 If subject to the Act and/or Government Code §§ 1090 et sep•, Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn- Deputy Director of Public Works, Municipal Operations Division Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Nature's Image, Inc. Page 9 7-13 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Andrew J. Fox Nature's Image, Inc. 20381 Hermana Circle Lake Forest, CA 92830 25. CLAIMS 25.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 25.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). -d I=1 0 JI I.l-X06111 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. if such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written 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. 28.2 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 Nature's Image, Inc. Page 10 7-14 event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form, 27. LABOR 27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Nature's Image, Inc. Page 11 7-15 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Nature's Image, Inc. Page 12 7-16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTONEY'S OFFICE Date: G By: _ For: Aaron C. Harp CA.�.0 City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B Mayor Dixon CONTRACTOR: Nature's Image, Inc., a California corporation Date: By: Andrew J. Fox Executive Vice President Date- By- Michelle ate: By:Michelle Caruana Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B -- Schedule of Billing Rates Exhibit C — Insurance Requirements Nature's Image, Inc. Page 13 7-17 EXHIBIT A SCOPE OF SERVICES Nature's Image, Inc. Page A-1 7-18 EXHIBIT A SCOPE OF SERVICES DESCRIPTION OF PROJECT o Furnish all labor, equipment, materials, and supervision to provide annual preventative and as -needed clearance trimming, erosion protection, slope stabilization, slope restoration, planting, hazard reduction, weed abatement, storm drain clearing, and v -ditch debris removal at various locations throughout the City of Newport Beach {locations attached}. • MAINTENANCE STANDARDS a Contractor shall be responsible for completing one or more of the following types of work on a per -location basis: • Clearance Trimming ■ Erosion Protection • Hazard Reduction ■ Weed Abatement Contractor shall be responsible for completing one or more of the following types of work on a per -location basis as needed, pursuant to Section 2 of this Agreement: • Storm Drain Clearing of debris and vegetation • V -flitch Debris Removal • Slope Stablization • Slope Restoration • Planting Contractor shall be responsible for completing work in compliance with the following standards on a per -location basis: • Weed Abatement according to 2016 California Fire Code (CFC), Section 304,1.2 ■ Clearance Trimming according to City of Newport Beach Wildland Urban Interface Area Standard for Hazard Reduction o All cuttings, trimmings, or other debris shall be removed from lots, streets, parkways, or alleys. Sidewalks, curbs, and gutters shall be cleaned of debris. All vegetation shall be cut close to the ground with stubble not exceeding two inches (2"), and if not Chopped to a fine dust, it shall be raked and hauled away. No strips or growth shall be left around the outer edges of property or adjacent to fences, curbs, or sidewalks. Machine disking of vegetation is not permitted without prior authorization - 7 -19 STORM DRAINS AND V -DITCHES o Remove storm related debris from open drainage channels o Remove storm related debris from under bridge drainage channels (Fifth at Poppy) o Hand dig up to 36 drainage channels along the bay side of Back Bay Rd and clear associated vegetative growth, ranging from three to four feet wide, one foot deep, and possibly up to a couple hundred feet long o Install hillside erosion control o Remove open drainage channel blocking debris and vegetation from Mid Back Bay (between Back Bay and Jamboree) o Clear debris from v -ditches and shovel width clearance on both sides of the ditches. (per foot cost) 0 Spray vegetation retardant on both sides of v -ditches ■ PREVENTATIVE MAINTENANCE (WEED ABATEMENT) o Contractor shall provide the City with a preventative maintenance schedule detailing work standard to be applied at each location and estimated completion date. o City reserves the right to add or delete locations as deemed necessary. In the event of adding a location, the City shall provide the Contractor with the location details and request an annual preventative maintenance cost based on the approved maintenance standard. The Contractor will provide the annual cost in writing to the Project Administrator. No work shall be performed on the new location until the cost is approved by the Project Administrator. If a location is removed from the schedule, the total annual preventative maintenance cost will be updated to reflect the reduction in service. o City reserves the right to modify maintenance standards as deemed necessary. In the event of a modification of the maintenance standard, the City shall provide the Contractor with the updated maintenance standard. The Contractor may provide a proposed updated annual cost in writing to the Project Administrator. No work shall be performed based on the updated maintenance standard until the cost is approved by the Project Administrator. • WORKING HOURS o Normal working hours shall be between the hours of 7:00 a.m. and 4:30 p.m., Monday through Thursday, and Fridays 7:00 a.m. to 3:30 p.m. • SUPERVISION OF CONTRACT o All work shall meet with the approval of the Project Administrator. 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 - 7 -20 �iSCDVER�.�K' -. _::} • - 0 ` Ip• . "r' { �,J ' ,lam m f ..• LATITUDE•C1-�'-' k V9T A,S.7,f PARK'CREST-DR 'ti•}'4 l _ S J L� Vii'.' .r4 r •y �`.� ��1� Af rmr,-,• I j 'I `` ?' Jurw z M-S MOW& Ok T mum A W. -47 'W, _ t�� -i'��� llP may' �.. E{{� r �' '.:a.y�' I I. •, . A *f vm------- pry 1, pq zA i- AL u ijf{i i f414 fll J IF r 4'1 MI, 1110 S 23 15 Holly Lane Totai Area: 1,ODO sq. ft. 42, NEM NEwPORT BEACK Total Acres: 0.02 acres Cry of Ne-port Beach Site Number. 2 Qls Divisi" F.brv.,y 04,2019 7-22 ���A ate'.;�`-y,T `: - .- - - - - - -'�'. - - .. :3!.- .. - • - - ... - , "c. • � � - - .;. r' � _. - r;��"� .'�1�' •{-:T�'^�i�w" v� _ �i -" -'L�:�' ,,Eg tea" `...� '`'' '� 'S] c �'� � {G,f''.:_�•.'. .� 7! �xCpDp - . FiVGFiLA p• R'' K ;V; �, . {' �Q- �nAGO .... .: •. . , ',4' Y �11NI7WI�RD'., a .! •r, �' ... �1 - .'-r'u�•.J.,�-�+.l,�_ _• �'��•� �'. p�,�'`F►��y�-fie.: R.f)t rr� "- � , 1 � !£EiNgRU1iN ��:';:: ,:� - - -� •s i .'�. 46M7 Y _ _.S_AIJTIAGO•...- .'c 1 UP C � � ' ' • ' �.. _ ?�.yOP • � . - �' .BACK_ 8AY'��':. .. 8AGK iiA•Y' DRa -�r 1.,(��i —i i�' . i •'` •Ai• �. J15�T,-A, BOfVIiA �ti. .' Q' j • v '� ;` r '� rp �' � '�` 'L -i-. , .Y ` _ :� e � r f,,. _ ' � �s' `-' • � - .� '' ''�G� �°�sryq�'Rv� � �`, a-,• r z• + •�; BCH - `� .,�' .., � � , .. ... � . � • - � t Cl �- 7 '." ._rte' '- yp 'Y� "55TTiiSi 1�.. i ,` J - y • - S WAY 51 i �� � R,p r � _ ... uiFlcre; •'.�. - 'QST res Rh St. !� It r w -- � � i s � ' Fir^ yJI�,� ...; �: ^ •�1 r`rw°'. i r. 1 • t t i'�f , .7 OMOMMMMMOM Big Canyon Nature Parc Site Number.. 4 Total Area: 2,181,787 sq. ft. e K■'!+BEACM Total Aeras: 50.09 cares cry of Newport Seoch GIs al,isi— f°er—y 04, 2919 �•4 Bonita Canyon and University Bridge Site Number: 5 i. ' 4� � �� 5,• a:l y ' Y. r P y..� r r '? IS Total Area: 1,462 sq. ft, �N U Total Acres: 0.04 acres City a4 Newport Beach GIS Pirision February 04, 2019 7-25 - is •i �� � '� -.1 i err *n�af •!c+-� ,'' � `�i"ti'� P r.<�' '�•: "�•-:*yCY i� � - a'•�'Y. . _h y� •mss � � , © •t ! • � �`�` fit ` ,^� � e W. •4r i y:. " 1-- 1 +_'•. � ,��Y•• �.,'� Yi ,.err '., , �.' + _ i � • �I of `���. .�; ���£�. _.., y �► � .-1'_• •.� i' � a r�� r sir x -.• .� 1�1 "m I IL a Y� Bonita Creek Park Service Road Total Area: 55,194 sq. ft. NEGWS d. Total Acresi 1.29 acres Clryof Mewp.06ca�h Site Number: 6 USDil4j— F bt—y UA, 2019 Weed Ab.*..WA-. M—b—k—d 7-26 et. 4. _Y 4, 7', AIL _FM rN J pn .. r�,-.' ..�; -'.? At- 'A '4N X " 4", 7;' ti • P, Wv, N 1. V_ 4f, V. _4 -5 r P N i IT 0 'N 4#IN % W 1, x Buck Gully (Lower) Total Area: 5,846 sq. ft" NEL- NkWPUkT nACFj Total Acres: 0,13 acres Cily of Newport Beach C� Site Number: 7 GIS DiMsion February 04, 2019 WeedkbalemeniArea M—hook—d r - n_ sir '7!1 rr•, 11f c��n'� : Y. t�:.i.m � ` I 14 r � fir• JI� y T • �Ir►ym { ! � � �. °s��--�'_ �.:. �s r-�-- r �. • --r; i _ � i,,;�:_�_ + , • � Ali �_ •.moi s ��'! � �� �'!=�„E r n :. - jry �- r��� pian.. e� .��4Ui':�T'- �T..�_! �I •�1'rc � i, 4_y' .•� Y .`�� � :� i �N �.. �, �'<*s:;,,'s„ay..�:-�� ;.ter •� f .{a, '$. •- �;�} ' 7C �u NIAR i �.ss. r f k rmY �fo a �, e,;.: :i•`�r {`.tiy. iS;'• r. .�;, r .� J � R�,`� ~:'':?- - r•`•-'. r9:-1.1"1��_„���•�� ply t•�ir'Yii.r_ '..w..�! £ '_'M .�• .a_ �'�'�� ti �.� . � + _ R kit,.. a r t• .�'. p •r.r Jta 46 f ''•Y 14 s': # :i, . rd-. ., ■ � { �..,.,�.�c-;rCe7 it �� - - r,a/�4� `kT� � 'f s _ f I.r ,i. Y� i 1 iy EJ �_.."•w.EL_.. 1 r•. rim► 10 i L# �•:' 1 .1�G 'i`:,. ''�•• t i •A`---Li`rYw'- - lxp 'i' ••=-,-ni S '-- 10- Z- 7 - mac' • '� �... • „? �+ �.,�� fa. �y� • � - ] ! �7 .{�• F�1 tFt�. 1� y_. �t i d � � l If :�L�"r� _ �k • .�` , � � . _ ,.� 3•. 1.� r "=-� '. Y' 1 i. �'* '+�', h _ �; Nv r ; Buck Gull � A Y�Middle � Total ��{�I Are(]; LV,46O sq. I t }. _ Total Acres: 0.56 acres C;ry o Site Number- $ aF Yewpar! Beach X arG0A, Fe6runrO, 2019 Weed A6otemenrArea MaDb—k—d �K P--_ _7^l �i J l -r. .,. I •I .t _ ~�t•�` 4 �tir 1 -4P f -2— ry, .1 MR Pi _4 A, 4. '(V I 'IF :7. T- . -.A '4! I.IX ............. ;o7s. Upper Middle Buck Gully Total Area: 692,951 sq. fr. Total Acres; 15.91 acres 01Y N—P.rf Beach Site Number: 9 GIs Di-isio. February 04, 2019 �, +i - •.� � is+ -r P, _ ,[� q� '-���1,��. •Y �. _Army - f T. µif 4 .fib '�•• ` � �� •:� - •f[�'^ r.T ,� 1 f 4� • x° %ice A I- 7 ,�.:�. Y �`3F.j .��'.'.' ,1 r.r ��,' Fri?fh LSf•e ill., - r` At j Aill OP.� Y. c° 0, %te � :?t t r i.' .- u • i� % ' I - i 1 riL n : :. S jam' rT ..sf• Y _ .-r".,a¢�'ti,<I[q i t} �ya f• ;i_ � +p` yrrpro t Y. '-". r'+ �i �p: � j��, �?.4 `' [�`''�•y - �. s R - le > , . 1� �v ' •�� �. `� � - _ /~�f�1- � , i �i.`�.r �' icrtE •r'� • •I.- �`• _ 1�1 - - I ifs+ � •t;'1 � � '��}, r-�`T __ J'' e"' � � _�' '" �_ . ����� � , .. 'ti a� ..� �1 r , tri Buck Gully (Upper) Total Area: 30,001 sq. ft. s Total Acres: 0.69 acres cry or rla. r ai P -t ar o Site Number. 10 csdm=,on February 04, 2019 %Z,dALor—,-rA co Miab—k.—d it f1 _+ Sp q D b - ' # k r ..E ZiLN _1 �W t Ni F ��. -.. IQ �T 49r R rt re�f 'y 41. f m: • fA T !•��;1_ /-/'�I�l � �, �'�1:5� _ n s.. � �L•�::�' '1 '4'�F' ���.�.7 �� �e� r s..�.:.�L. Cliff Drive Nature Park Total Area: 36,047 sq. ft.' NQiIS wrua: uerrcn Total Acres: 0.69 acres city aF Newpvr} Beach Site Number: 1 ] G35D3Yiti— F.Enuory 04, 2019 ' l Wee CAL a rc me wArao. Mnv hook. —d Wo. e d Ab — menfAre n_Mo pBn ok.m x,i 7-32 146M V T.- J. _ km. i:a� ��•�-• •�� IT 2�ft IFIr jr 1p AT r rTi{�i3 air . [� s y� ���_'^�-�'.', •. _ �"1 Zak r .Y...•I ill r . � � � .. _. �..°^-.�'111� � r F � r.._ ''� • �.� ` i .. ,i fT_ -+�-.� � � i� Y y ..Y' �i �''a�._ �'Ste`•�`.��;��{j'�, `tet �i .' � _ R �i 'rf iV � q. uw­ IF � • .. �.. ''"i �' �M'r�i- � �'n' 5 _.��2E�N �4f � Ll �...�. .. "]L... Fti�,i:a +. '.�. ���!�.'. �• �� �_ 11�. is — r ��� ��� � �� .t _ _ - .: i�?.t�!•�a.,iiil�- � .. ' �' ;' E _k. �- `ski - �s.'7i''-�' : • `� �+.c,- '` _ L {f ,+n. _ - A, a,l� �a'•.-�f •: � - � � � ;�:�a_� -_ � _� _� �-,r--- _--p;:.' �-• - it -� t ' F .I � .a �• 1��3; �;�-—;rs�' TLS �' __ �� 'o-,TL'__�..i ,myy� ~ ' I. .J'i' 1 ". f'• r ---yam- ` - { 1-��p �y.'�e1�r'••._`-,J_ik 'k.:....I l���_�:.-r,-�k'�E�— 4�hF.iV�"��1'1:: a � ... -- .- � r r. �. .. Kyir�4'irp'f�"` "- ,:. ., ; . _ - 1F T•yd _ � ' #� NEGM �1k Fernleaf Ramp Total Area: 19,970 sq. ft. ~�.y NEWPORT aen Total Acres: 6.46 acres City of Newpurr &eoch Site Number: 13 GIs 61 sla Fe6ruory 04, 2019 1 WeedA6orernenlAreu Manb—k—d _mar .. '_a�3�, x l� •�..'�f s � 1 !gar, �.. � �. � e •� 1' '-A i' 1141� lit 4 ✓� y 'fir t A / 7 y3- o, 7t , 7 j 60 10. 711 611 _p 1 r I �• ♦ � .r a+.m . � y[ 1 7 ter s ~ .,�+C:�. • � �r ,�_ .,.'- � ,.. � i! ... Fletcher Jones Bike Trail Total Area: 8,691 sq. ft. 'Fwro., 3F,• „' Total Acres: 0.2 acres City of Newport Rt OCII Site Number: 14 0I5Di,4i- February ad• 2019 WvedAb acmentArea -Ma v bo A—d ■ ' •� � t � I y 4 AY 4.13 PARK'.N7`!NV�ORZ`pR wwr l=` jirJ�.-, -. "�a r v_ - , �•-,NiGYi B�Li1FF VR r' ,t�' ::•��.. `� ... �• `-} .. i :. - ,.l .�51 +ori .�.• f�-.;�„-'`.�;:.,�-r--Far_1 .��,.,.. r `.•�... _ +�— i -_ `.;N �tf AY' I � .: _ r � .y 1• 1 °ARCH SAY-dR:, �, _ .. i'• � Ra iI �� ;; e: I monk. i} �y .P. ,..�'a � "�1 ��� `���i%y � � � f'� �gg,,,, s-. �k• �!{,� i /�' n ,t �i .•fk�i�-�, '. ,�jj'yTa'l�'t i.• ,, '�i t� •� , � � ':T2 :, i f�ll5lrrF�! t�..�.i� re ti ' i'.�---i^��- �•� `'� 'dam i�r. �ra r • �� , rf..j : � � � ' 'r� ��`: , ki, , > sem: _AA ''AM a, k►'. 1 r` _1 s '�-• i• .d - c, '-7i; _�•- [�a:r 11`iF � ri •.i Via, 1i L: 1:' +�, OL ,�' �.' :� '=7.. --. ►ra...� f .r, �!f sib.. ° �rl�"�.$:�rLl��,��� i. i �aL � �• _ '=' �i �l�i i•�. � �'. l.f`" 715' -f .1.�� s�M�_ `a ��� z • ,;� . �+' ' � ^.. �f }� '''1�.^ al Y it =7. •°. tip• ?� '�: ��f • 9 °0'.q .ice ,�i'tV1�ir Harbor View Nature Park Tota! Area: 444,741 s,y ft. NBA-.•- `i' ' NE WPDRT eEAti Total Acres: 10.21 acres Cris of Newport 8each Site Number. 15 C15oiw5ofl Fehruory O"r 2019 we edAbciemani Aro a_Moo 6vvk.mxd 7-36 W—Mbmem wArcn_Mupbk.mxd 7-37 .n. - a ri" a r y. M• �`' \— \,• -Y�, •:P . E' t f `fir .• F �L.. $.,' \ • 0. X; z ! �'iF�`' -Y...:'� � .,�-� � `r�1� }� • - i � ���:. - �X � � � � - tS: ` . (. kw i • :.-T.. \ !I. •. . ti +-i r•� f _ Z� • - -r. KF. Y ,�,/r ' , '. r ,&n'• �,::t r. is .. . IFs Fy 1j ,CPQ.• J k'?e.. �'�., .` IM r r � 0; • �r t� ��r }�!�- "�"� .� � c�r •:� .7e ��i A �'7 �. ?: +p ;r l,r , /�y 8. Imo- •• �, .� �� r i..!►'L 1 +. i -�� ,�•� 4 �' � . ,.• • {�. r� s .. �r,� , ir.; 'F tit � ,.�C.� n •s� �� ~ • t ' �ti:� r :� L Al OK - y •r__ I, •� )}� ,?!fir-'� • �;"4 Sir f <.^ ' �. � f t � �,�� ` ��••`" > + 4 � ' � /.d- � k ti's i�'� �• � i �.F A. t4, X r- �c :� r wit I \ '�\`SrrAY.._�Y'osC�r:5\� 5 \ • r i. ti _f�. J > ':Jq: .4 '°f :�. :,_irk,.— '� •H 4 .#� s{.;e'•. R .i Airi, wr:Y� 4 gl• fc2 �. !• f, :Trk.� ry; ,� . r a • °4! l . Lr lip X 4F jk y.4� Iris basement Tota! Area. 3,38 sq, ft. Total Acres: 0.0% acres City of Newport $each >v Site Number. 18 c1soM5on February pd, 2919 Noednhn�o mons Aren Mno6nok-m.d 7-39 • k� � ��A �1 �`J r h.. Jamboree and MacArthur (New Area) Site Number: 20 W-dAb.I—nlA,— M—b—k.,—d ,I Total Area: 245,473 $q. ft. /1k WPO RT 8FAIM Total Acres: 5.64 acres Ony of Newport Beach cis❑, .. February 04, 2014 7-40 7-41 jlw r .lt.4 �. .:�-: � ��ifF i}'µ.1` ��• � _r-� .1' �� 'Il��' ��i '.•,? V r -� /f ~ - 11i1 • '1���1-~w.-"�.., Ir ! . moi' u f. 14 Kings Road ( 1 80 1 & 181 1 Kings Rd) Total Area: 8,516 sq. ft. n �, Total Acres: 0.2 acres Gty of Newport Beach Site Number: 22 015Dwmo February Qd, 2014 We dAb.re -rAre M—b..k.—d 41. _j 'N �A VA A q; Mariners Drive cul-de-sac Total Area: 4,537 sq, ft. NEWS, N V W P G FT b1 4 C 11 Total Acres. 0.1 City of Ne -port Beach Site Number: 23 acres GIS DiAOon February UA, 2019 \Ne*dAbolementArea..Map6ack.mxd rs .-r'- :..�"' i� .�5..`�L} ,3; FYye. ±Z} `� �614@�g�; �� � iij" __- -•►; a� i' {�. .. _.. ~ � = .s ���(({7���,,, w � ' —�•�. ,- � . � � ,� a ,. a1401 p .i ,•tyz r * •�.i f ! ,1L}'j�' 2 f� • ^¢ b°'� �' T ` [ j r r l` - , F�r7rr�� ,�.� i• � e 1•' ,;r f r .` � { `�•,.�,.:Y �.. w� {� .. _i u= .{�.y �., ;:. ti^ i J �� f f, l'T"r'� ;l - !u�'� W .y_?,E%�•�;# e r'":'� I�1^]�•l�n..■S t � [!� >. w 1 ref ara+.� . �� �+ , � 1" � , � � • ,' F �. � �r-.p , "" "t � . �' ,• `�� ��� � 1. Mika �A+ -•may;, --h :. 1,.' .- � ��"-� F • ... Pi!r � _- �i5 � qV mwar p' "r-.: ' . F . •r` �y __ iAALZ.Li71 1.S n - 10 f .`; � � �'i iM� T'� � �' � ��:�7�lJ�ri L. �i' �,3.1: L�ll�li.f?fM+-t '•. �+.�} '� 4�!� •moi:-�.;-• � ! � �� � ' + � _ ��a< s;.yf• 'dry �� C-��;�! " ,' ;' 1' - '.;� �'� f�=���� �� �;.i t r _:a:r�rr .,� : _ �R� ,�y ��'•.� ray J i1C - '.•�- iI ' AIL , .. _..-._ ... _. .'ict . 1�� r � I� �i .i o. . lx. - 1 i..:,tlf ,.._, �;' •- , . ..� ' �r .!'.w�: i.._,x� - �— Mesa Drive (East of Irvine Avenue) Total Area: 40,625 sq. fr. Site Number: 24 Total Acres: 0.93 acres � l We dAhnrcrnertM— Monbeok.raxd u ` �v r f .•,j City of Newport teach GIs airision February 04, 2019 S �_z i {5 y �. _ x ._ �g a iR. t a i' g"� , �i f . •..t .' ' `� 1 - - �� t� � . Vy� ` : t . iY l ' ,�P c ,�, ���1�yi\;;` �•!•� !' . • r� yg lg/[=� l� I�t7 y � - .. F/ y � _ A •"S!_ ii _ 1lpr -y�" ;�ta�- �r r'� fl����'Y� � •�'J 73� �'1f.{• .. it .aa'i�' t ;ti�; � ..�..�. S (�,. ^,fes • .Y� •:ssa�.. � ! � i *mow i � ,�• , , � r�. r' � .�'w ti.yc'.. • tier :�wpl :. 5�w• }mow_ Lim{ �°4K� 'fit• - Ny •'-. ,r�3 -• � �., ,. Y � 7l.. ,�; r-.•--�•: rte• - f-�f71171 1l,t.�. • �P}. � fir• •_ .'"y.;,: -'�' •vr /f + !. v ` 0 1.•"y •,e.{�.?ES'� .r _ .tf f ,9A7'.k .~ e f f � .:.p-•�"'•...A. R ����' Sti a .{ .r -+ _ �. �•r ,K r' �1 `}� a'� *i ' ' _ •moi + rY''�'• "� h. 4. f 'r .•t ^' FFROM A 4:1 F tq T ` N. 1 �� i} 3•l. ti. {_ • •L i t Y 7 _l • R• .77 �j " +ems. •��` y+� • ' a^ � � � 6` 1. Newport Dunes Bike Path Total Area: 43,331 sq. fr. CH ��.,NHF H'PO MGWS r FFAF11 Total Acres: 0.99 acres city of IJewpar, Beach Site Number: 25 GIS Dmsion �. February, 04, 2019 9i,-L ;._.� OM I." ifs .:/.... �. _ +� �.'° s• � �>-=...d �. ,� ''ti•. �` !` •Y - �• % f.Yi � '°tip y.� •� - , Oc ,R oi► - . �: E F • .. tic '+� wl NO jel Zpw,• r - 1 e s: �.:.: r. ;1 r+ • ryr 1 aww s y �l`'i ✓ J 'J/ ✓: San Miguel Drive at Big Canyon Reservoir Site Number. 27 Total Area: 27,879 sq. ft. Total Acres: 0.64 acres fiFWP09T NEM1[i, Ory of Mewporf beach GIs Division Feb -r ,y 04, 2619 7-47 "0,24" r. Y • s �• '�F•�, >� MIo tp ;s `�Js�i ,r,iZ}'*t1Qr,:',I f r?`'` i '•i"1l { Al �J w�rrrnE,�r�•,�rr�rnreo rr.�ox��.n•.� TI Ij ' �i _ .'r;,� `+ ,, .� ,r� -- _ _ '�.,- /d.• orf _ °• Aw 10 r r41, Jill Santa Ana Ave Site Number: 28 z s Total Area: 29,019 sq. ft. 4' NE Total Acres: 0.67 acres City of Newpo:r 6nach GIS Division February 04, 2019 r _y ae�= ` i-1 5 r. -7� • if t �i. Ih 1 Y't � rY� @ ., - l ..'f o.. ' O rF � LY • y'�.,�.'. �"• y ��• "'.;'r ..rp a �� J .: / • • �:�,�. '? .�� '=' � � ,�� -T ti• til': Nt y�{/y�Y�r •.� �� .:fi., .!�% .�..��-�-�� s• �fry•� ,"�srt 7 .� � Ti'..cti`� I. .YL , M1•1•"r ; �• yam} ..y _ ���. `+�•�aY� y� � � t'R �R 1<�Y,�. ! � .ry•Y�` �� r..�,,.r�S `� .r. S �•`{-.. ,� - • :," �" L h{i-'�lii�. - OoK f _ .. .. ei i• �� „�!i �.�JF Ilk'P fir•; . /'- " - - � ��xi [' �, �y � ti � ,..✓.� 'per ^pr+ 41 tn 4 .11 tS ' •"' ¢ OF •� ` , tis: tib. i South side of Bayside at Carnation and Along Fernleaf Total Area: 17,566 sq. ft. '- tiVE„ Total Acres: 0.4 acres city of NOpwI a'.Ch - p Site Number: 29 GIS DIIJLOn FebFvary 04, 20 f 4 We ed Ab ate n rnreo.. Me p bock. mzd f!: [ - 'r--�• - _-spa = _ T :. 1.jAgLz d y` I - r�r � � �`• w • y gip- P -•� y. �: ;;' _ ; ' �_4i w� �" 'p � a,P � �� � '"7 .. - "�' .� �•' �.. �; 4wr,`� ' :.%,.. 1/�� ��' �r, o '�:�: rte.• - . ISS1O._ � �{�• :kms• ��. _ .�//J x _r�Z J} t � � '': �� 12 � .. k ,Y`j!r:- .-.. ,ti. off { � � .[.l�G_w •.A r { _ ti, � � 4 �— 'r. rh'..x?�3440fNT:LOM`1`p4 `: �.J�f f . {n'� 1 J,�;.� ] n '}.� �,':�',--• �.�� '� : 'l' r I 1 � is.: ''tom • �� m ` i, � r J. •� fir'.' •�• I -... f- r'� MV V N Azd`4 Y' F. It 17 MWti Aie oF Spyglass Roadside Site Number: 31 -'KIP tv *V. M. V, 4, "Mnn LAW 4; Total Area; 56,303 sq. ft Total Acres: 1.29 acres N_.. 4_-` ­NE - - City of Newport Brach GIS Dirisio February 04, 2019 o... .. ep f ryk km 'f.r ' - . �� .Y � ` �i 1�tY �r � (�9'i•. � V �� y: 5 "'`7 Yi� '. �, .l. �� �' `°" i� �`5:]� ' - ,� z. •• t - � G' I• �l�nYr� "r• 1�'••' , .''r+�� iii " # .i �'p �' -kf'• r� •�a , �• �'?� -ire $ r'S.'?` ��Z * r •.• - •'i r.4 . •-F f r .!41 '•17.7 Fr., �� iF . .A University Drive at Irvine Ave Total Area: 1A,309 sq, ft.• nNPOH, BE; Site Number- 32 Total Acres: 0.33 acres City of Newport Beach Gis o;�::ion February ❑�l, 20i 9 17 y r y`• Wee dA6ure menfRreri .Mop 600k.mnd .. , X. !1W wi 4- N R r -# ar 9.1 "C1 C S •.-'f')too— �t:. 1. C9 Valley Acreage (Near Spyglass Canyon Park) Site Number: 33 Total Area: 34,034 sq, ft. Total Acres: 0.78 acres .T:. oaf. d NEG�S NE W P OAT of ACH Cir), of Newport Beach GIs Dwi:Ion February 04, 2014 F_ •,�rt icy. i,+� l•.�•' �O a�'�., .. , X. !1W wi 4- N R r -# ar 9.1 "C1 C S •.-'f')too— �t:. 1. C9 Valley Acreage (Near Spyglass Canyon Park) Site Number: 33 Total Area: 34,034 sq, ft. Total Acres: 0.78 acres .T:. oaf. d NEG�S NE W P OAT of ACH Cir), of Newport Beach GIs Dwi:Ion February 04, 2014 +i A k B �: "111{..•a 1 ! {y ••, ! . " F . 1.q t., •1..�*': J'� r i fir �V °: y. Bs3...¢YAOR :.i J S'. 1 . }y '' � ' .� �l I • -. ! r og PPP 1. '1 `i <7.� if r, is f... N �F}!► �� .. s, �•.r , ,l+A ��•• n.' i •f �'�•-ti:� :�' - ,:''g•K I "i .•L�t.r'' -,:fir .�� -if - r. -��!r��•�ti. y .I.. r�. ;rr�;7`-'�`�� ORZ•QR�._.: Jl•pr !' a" ` c -i` . fir;• ; iNiGH RaF �.. �• ;i}� ` y... � �. fit-. r 2 A'L 0 j 11 Wt t w Ar— M. f r bw Bayside of Back Bay Road 2 Total Area: sq. ft. Total Acres: acres Storm Drain NEGS MEWPVRBEACH Cif y .1 Newport Reqcfi GIs Dmmi— Frb—ry 04. 2019 7-55 7-56 •. Fg _ .�- ,fit PIT'- -11� r.. SNu •,�.. ' ii�aa' S.. �� �.4r' y� -� � � a.,. •-n !'/"inn r - .`.� - . �� '�' � .�.. 17 r_ / ; Y.`4 �r d �_• :may Y v' l •r'�_ *~I' --1 W .41 n �� ',ice:. .._:.-T.�' •. ':u.1<a![-- �� '.�. 7 -- j'. --e ' �'' • � L�y �•r'.:�1 �R. �� n 1 � ''r�;�,�} � � _r r ,',a ����y��s � �'� • Q ` 1 ,.'r` �/1 �,��.yp+�` '� � f ,rte - /'' �y��p�, i h .. Y. r. r� .�. .� i .' .. l'�tY "'•� ..r / ._� r� .�n�..•:L�..'CA:`fI. ...lPi -...�6 Bayside of Back Bay Road 4 Storm Drain Total Area: sq. ft. Total Acres: acres 40 t HEWPORI 6 E M1 � f 1 City of Newport Beach GIs Oirision February 04, 2019 7-57 NNN s r:,1, Y� p • � ko-y, �.� . '�' r: . r- • I JJ; `�• 7 K In 61 Ns Ilk � ' � r � `Y�r-r�• bra r�?''�_��=�^, 4 ,.. 41 A 1 41 PU A �. ..ai !k_�. i't%:.d*j'r >�"��':1 fs;.* re' a iYr�." .5 '.i' �lr �!i�.._,��: r tea' y, Fifth at Poppy Bridge Total Area: sq, ft. i NEW Total Acres: acres City OF W.Woort Beath .o f� Storm Drain GIS Dmsion r I February 04, 2014 ,f VJe ed nh v r c,'•kt,i eu_Mu p Le ck. ni n� 7-59 r _ Ir i !-��a.. •^ate r rY£'• } Y• �7"i / _ O `r �I Ij 1pp �"'r ° moi'-`�F{ '�► T � . pppp ti It or 14e P. .lr•. - 'fr`-i T".'�yT• !T - I !�- .. `'�i�:'l• •' • l '� `-.. .:4i.�. +I�'4'-•�V ` r�,. rl ��� � • F _EE '����~�1..'.. • �l b_ Yom. � -4f r - IfGr'�'— rit.r �_ F^ ,9 *' - ^�r . '•i •�y�a. � �• . f'� Al dk 1-4 _ .°_i` • / �. �, ^f��, ,7 . 4// JK- HMorning Canyon Creek Total Area 5q. fr. N. „WPo„. a UEACH Total Acres: acres Cf�y n{ Newport Booth �•-_ Storm Drain GISDwmfon Februnry, 04, 2019 7-60 r4 ip 'W 4UN 80. 4L, 0 4 rXF—ea741 wm ,,,: tf, -; - J. —11Lq f Lpw If AR' Ln Jr. "i yf1 i_ r4 ip 'W 4UN 80. 4L, 0 4 rXF—ea741 wm ,,,: tf, -; - J. —11Lq f Lpw If AR' r �'. p.:J • • .l. - �a r f ' : ...'fit•'•. �w• �`� ps .; City of Newport licach S:•J .,. :'/ . .L AC AL �m. z. a• � Siir - -_,fir 1:s ��$.-•s ��' `�i. �.;;:_ _ •�-S_•'-_. fir• .. _J .. � v` ^.ti• � w r �... G_ i� •,�� C7� �-s• �i -ase �. - • k�'. �a c `[(yam 1,� - .. �. '�e.�� ry•C [ ���:: ; -.�' •. ��.- 1 � .. �.� �'v �.. � �. •[y 'i .�p: ' 1. „�� �,.."� ��a is . .�� ` - 1,. . _ ��' ` _ �q y . • 1 .. - . i : . `::moi . � Ilk Af414, . '.i '-.®.. _.l 7 ��• Vii', r�` � °;' •'C t�! nom, `; �,T y F- City of Newport l5v.ach i '^• • .. )p ` �, :. 111 a .''� " . 'c' '7� .-��y�- �•� /;5 ."� �I'r, ..T{^^ �I�!"tiyi�` •7�''., ! � i� �+i�1F;'yi ��, • ';1' • • ',y�,]y'i-s.'' � �`� � tl�^, � �. W� e of ''�� � �� _•_. : -- _ "` � � c� � � ��� � .��' - - �_. +1 'f- .' .� � 1 �. 1 P '�f • '•fii � 1�M� ` •' � .. kI. � A!f[�Iirfi Ki. :i'-: "'�. ill wl ' •'.i . -••l� i ` ... - - _ . • - ._ ,� _ ,•fir / �y N;. N'• ;.im .'� • _�� r w7i .:. i .. -! 70"I'm" WfA 7w, "I Anti Rop * :: ;. _ fir. - + , N �• � � : � y� - . i � i, Y�. SAY !rF •fir..111111111,11 _ '- ..:� �".. .- ' .' /.•-kir. � •�f :a :.-„ . � j;r �' ' �,. � l [ Y �•�. ��r� ,�� .._L`'.=.iJl�r`r.i ._.'Y-.7±R'-�..ti+i�1'.+'}�.:'7l;l�J��i.i� :►. -ter - - •'� ;{ - - J�-r�.-.,—:, �.—_ - _ _ `� ��. � J L' �� �� S�-.�yE•iM�'a?ef�� 117 f 4 - 1. •i '•,' �. _ - • r �. i" ggnniNa?w•g" _ '' Ni'f. y, ;W.f �� ' ■ "`r. - ':� . to . oN ir /// _ •.i_ jam. j yy' L �.;¢: , rLl�f• - -- __�rr.�'._- _. .�=T` ;'' ��:a'i. it :. ,.js;,,., "r�•. ���� - ._ _.. - . � . . _._- 7-65 EXHIBIT B SCHEDULE OF BILLING RATES Nature's Image, Inc. Page B-1 7-66 EXHIBIT B BILLING RATES LOCATIONS Site # Site Description Work Type Standard Annual Cost 1 19th Street and Balboa Blvd W CFC $ 2,496.00 2 2315 Holly Lane W CFC $ 80.00 3 Back Bay Road C WUI $ 14,493.00 4 Big Canyon Nature Park H - $ 72,345.00 5 Bonita Canyon and University Bridge W CFC $ 63.00 6 Bonita Creek Park Service Road C WUI $ 2,039.00 7 Buck Gully (Lower) H - $ 738.00 8 Buck Gully (Middle) H - $ 3,323.00 9 Upper Middle Buck Gully H - $ 32,207.00 10 Buck Gully (Upper) H - $ 1,766.00 11 Cliff drive Nature Park W CFC $ 497.00 12 Coast Highway (Roadside east of Pelican Point) W CFC $ 1,492.00 13 Fernleaf Ramp W CFC $ 353.00 14 Fletcher Jones Bike Trail C WUI $ 315.00 15 Harbor Cove Fire Access Road and Trail C WUI $ 26,489.00 16 Harbor View Nature Park W CFC $ 13,386.00 17 Hillside Area Along Coast Highway ( North of Back Bay View Park) W CFC $ 1,527.00 18 Iris easement W CFC $ 282.00 19 Jamboree and Bayview Way C WUI $ 1,328.00 20 Jamboree and MacArthur W CFC $ 1,806.00 7-67 LOCATIONS Site # Site Description Work Type Standard Annual Cost 21 Jamboree Roadside Apron and Bike Trail W CFC $ 1,096.00 22 Kings Road (1801 &1811 Kings Rd) W CFC $ 241.04 23 Mariners Drive cul-de-sac W CFC $ 170.00 24 Mesa Drive (east of Irvine Avenue) W CFC $ 7'10.00 25 Newport Dunes bike path W CFC $ 713.00 26 Newport Dunes Slope (Below Coast Highway) W CFC $ 2,729.00 27 San Miguel Drive at Big Canyon Reservoir W CFC $ 1,026.00 28 Santa Ana Ave E, W - $ 14,581.00 29 South side of Bayside at Carnation and along Fernleaf W CFC $ 646.00 30 Spyglass Canyon Park H - $ 10,499.04 31 Spyglass Roadside W CFC $ 1,053.00 32 University Drive at Irvine Ave W CFC $ 343.00 33 Valley Acreage (Near Spyglass Canyon Park) H - $ 1,670.00 (C) Clearance Trimming, (E) Erosion Protection, (H) Hazard Reduction, {W) Weed Abatement (CFC) 2016 California Fire Code (CFC), Section 304.1.2, (WU1) City of Newport Beach Wild land Urban Interface Area Standard for Hazard Reduction Unit Costs Labor per hour $ 65.00 Per Hour Debris hauling per yard S 195.00 Per Yard Clear debris from v -ditches and shovel width clearance on both sides of the ditches per foot S 1.75 per Foot 7-68 Function Cost Function Cost [Unit Pest Control General Weed Control Post Emergent $ 11.50 1,000 Square Feet Pre-Emer entlturf or lanter ,- .- vats $ 20.00 1,000 Square Feet Pruning $ 6.50 14 Linear Feet Removals Full Tree PruninglRemovals Pruning $ 120.00 $ 2,200.00 10 Linear Feet Da 3 -Man Crew Removals $ 2,200.00 ❑a 3 -Man Crew Planting Standard Material 1 Gal. Shrub $ 16.00 Each 5 Gal. Shrub $ 45.00 Each 15. Gal Shrub $ 175.00 Each 15, Gal Tree $ 250.00 Each 24 in. Box Tree $ 550,00 Each 36 in. Box Tree $ 1,500.00 Each 64 Count Flat Groundcover $ 60.00 Flat 16 Count 4 in. Flat Annual Calor $ 40.00 Flat Turf - Seed and Top Dress $ 0.15 1,000 Square Feet Turf - Sod $ 1.00 1,000 Square Feet Hand -spread and rake in Ci Supplied Seed $ 37.00 1,400 Square Feet H droseed - Standard Coastal Sa a Scrub Mix Erosion Control $ 90.00 1,000 Square Feet Min. 0.5 Acre Jute Netting $ 185.00 1,000 Square Feet Straw Waddles $ 350.00 100 Linear Feet 6mm Poly Sheeting secured wl stakes and sandbags $ 325.00 1,000 Square Feet Straw Waddles secured wl stakes $ 400.00 100 Linear Feet Sand Bas $ 390.00 100 Linear Feet 7-69 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. _Workers' Compensation _Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. 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 Nature's Image, Inc. Page C-1 7-70 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Nature's Image, Inc. Page C-2 7-71 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 20380413. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor, Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City snail 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 sale 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 Nature's Image, Inc. Page C-3 7-72 performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. Nature's Image, Inc. __ Page C-4 7-73 ATTACHMENT B City of Newport Beach BUDGET AMENDMENT 2018-19 EFFECT ON BUDGETARY FUND BALANCE: NO. BA- 19BA-044 AMOUNT:j $40,000.00 Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations ANDX Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: ONE-TIME? from existing budget appropriations Yes from additional estimated revenues 1_X No X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from General Fund unappropriated fund balance for the award and approval of onooina weed abatement services. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object Description 010 300000 General Fund - Unappropriated Fund Balance REVENUE ESTIMATES Ong Object Project Description EXPENDITURE APPROPRIATIONS Ong Object Project Description 0109031 841055 Parks Hazard Mitigation Signed: Signed Financial Approval: Finance Di City Council Approval: City Clerk Amount Debit Credit $40,000.00 * Automatic System Entry. $40,000.00 Date Date 7-74