HomeMy WebLinkAbout17 - Approval and Award of M/RSA for Landscape Maintenance of Parks and FacilitiesQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
November 30, 2021
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Pekar, Parks & Trees Superintendent
kpekar@newportbeachca.gov
PHONE: 949-644-3069
TITLE: Approval and Award of Maintenance/Repair Services Agreement
with Merchants Landscape Services, Inc. for Landscape
Maintenance of Parks and Facilities
ABSTRACT:
The City of Newport Beach (City) utilizes contract services for the landscape maintenance
of its 72 parks and facilities, as well as select natural mitigation areas. In preparation for
the current agreement expiration date on December 31, 2021, the Public Works
Department solicited formal bids for these landscape maintenance and repair services.
Staff recommends that the City Council award a five-year agreement for these services
to the lowest responsible bidder, Merchants Landscape Services, Inc. (Merchants).
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 one-year Maintenance/Repair Services Agreement with four automatic
one-year extensions with Merchants for the Landscape Maintenance of Parks and
Facilities, at a base cost of $1,950,000 per year with an allowance of $600,000 for
additional as -needed services; and
c) Authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The Public Works Department administers two major agreements for landscape
maintenance. On September 22, 2020, the City Council approved an agreement for
citywide medians and roadside areas, and Newport Coast facilities and landscaping
(Medians and Roadsides Agreement). The second agreement is for the citywide
landscape maintenance of parks and facilities (Parks and Facilities Agreement).
17-1
Approval and Award of Maintenance/Repair Services Agreement with
Merchants Landscape Services, Inc. for Landscape Maintenance of Parks and Facilities
November 30, 2021
Page 2
The Parks and Facilities Agreement encompasses 257 acres of landscape with
approximately 43 acres of sports fields over 72 sites throughout the city. The sites
maintained range from large, active sports parks, such as Bonita Canyon Sports Park, to
smaller, pocket parks, such as Galaxy View Park. Additionally, the agreement covers
landscaping of facilities, such as at the Newport Beach Police Department and at various
fire stations. Lastly, maintenance of certain natural mitigation sites, such as those located
in Big Canyon Park, are included in this agreement.
The current Parks and Facilities Agreement with Mariposa Landscapes was executed on
January 1, 2016 for a total of three years and was extended three times for additional
automatic one-year terms. The annual base maintenance cost in 2016 was $1,677,018
and the annual not -to -exceed amount was $1,975,000, which included an allowance for
additional as -needed services. Throughout the agreement, the contract was amended
twice. The first amendment provided a $400,000 allowance for additional landscape
enhancement work and street tree planting. The second amendment provided for the
maintenance of newly constructed Marina Park and a number of sites on the Peninsula
and the Westcliff areas that were formerly maintained by City staff. Subsequently, the
current not -to -exceed annual amount was adjusted to approximately $2,640,000 per year.
In anticipation of the expiration of the current agreement, the Public Works Department
solicited formal bids on October 6, 2021 for the landscape maintenance of Parks and
Facilities. The bid specifications required proposers to provide costs and an associated
workplan for the requested areas of maintenance and three references of projects
performed for a local, coastal, municipality valued at more than $1 million annually.
Included in the workplan and bid specifications is a minimum labor requirement, which
serves to ensure that the selected contractor has sufficient personnel to adequately
perform the required work on a daily basis, as outlined in the contract. The 33 personnel
required in this agreement is the same as the current agreement and its associated
amendments, when such sites as Marina Park, Miramar and M -Street Parks, Big Canyon
Phase I Mitigation Area, and the Corona del Mar business district tree wells were added.
The new contract also includes two sites that are soon to be renovated through capital
improvement projects, which are the Superior Parking Lot and Sunset Ridge Park
Pedestrian Bridge and the Lido Fire Station. These additions will result in an increase of
approximately four acres of additional maintained landscaping. An important revision to
the specifications for this agreement includes an increase in weekend park site trash
collection and litter picking. Previously, the agreement required services be provided six
days per week Memorial Day to Labor Day and five days per week the rest of the year.
Now, the agreement requires seven days per week in the summer and six days per week
the rest of the year.
The Public Works Department issued the request for bids for Landscape Maintenance of
Parks and Facilities through the City's electronic bidding portal. 209 vendors were
notified, requiring proposers to supply qualifications, references, and base bid and on-call
costs for landscape maintenance services. At 2 p.m. on October 21, 2021, the City Clerk
opened and read the bids for this project:
17-2
Approval and Award of Maintenance/Repair Services Agreement with
Merchants Landscape Services, Inc. for Landscape Maintenance of Parks and Facilities
November 30, 2021
Page 3
BIDDER
TOTAL BID AMOUNT
Low Merchants Landscape Services, Inc.
$1,950,000.00
2nd Mariposa Landscapes, Inc.
$2,254,824.00
3rd Parkwood Landscape Maintenance, Inc.
$2,312,337.11
4th Bri htView Landscape Services, Inc.
$2,645,975.76
The City received four bids for these services. The low bidder, Merchants, possesses a
California State Contractor's License Classification "C-27", as required by the project
specifications. Additionally, Merchants employs personnel with landscape -related
certifications required in the minimum qualifications, including Certified Arborists, Pest
Control Advisors and Technicians, and Irrigation Auditors. A review of references for
Merchants shows satisfactory provision of similar services for other local, coastal
municipalities. Based upon an interview with Merchants management, their work plan,
including necessary staffing and equipment, shows an understanding of what is required
to successfully carry out the specifications in the agreement.
Staff recommends that the City Council award a one-year agreement with four automatic
one-year extensions with Merchants at a total not -to -exceed amount of $13,150,000 to
provide these landscaping services. This cost includes five years of the base landscape
maintenance services with annual increases for CPI, as well as approximately $600,000
per year of on-call contract allowance, which is the approximate amount Public Works
currently spends for on-call landscape maintenance work. The various services provided
by and expenditures for on-call work include: $150,000 in irrigation repairs
(parts + markup), $400,000 in landscape enhancements (demo, new plants, and mulch),
$50,000 in street tree planting, and $50,000 in services for other City departments and
Public Works divisions, including emergency services. Expected contract costs are shown
in the table below, with a starting annual cost of $2,550,000 per year.
Annual Fixed Costs Amounts
Year
NTE 2% CPI
$1,950,000.00
1
$1,989,000.00
2
2%
$2,028,780.00
3
2%
$2,069,355.60
4
2%
$2,110,742.71
5
2%
$3,000,000.00
On -Call
$600,000/year
$13,147,878.31
Total
$13,150,000.00 TOTAL (Rounded)
FISCAL IMPACT:
The adopted budget includes sufficient funding for this contract. It will be expensed to
the Contract Services Parks/Facilities account (0108031-811020), Maintenance Irrigation
Repair account (0108031-851038), Park Renovations account (0108031-911008), and
Trees Contract Services account (0108032-811017) in the Public Works Department.
17-3
Approval and Award of Maintenance/Repair Services Agreement with
Merchants Landscape Services, Inc. for Landscape Maintenance of Parks and Facilities
November 30, 2021
Page 4
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).
ATTACHMENT:
Attachment A — Maintenance/Repair Services Agreement for Landscape Services for
Parks and Facilities
17-4
ATTACHMENT A
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH MERCHANTS LANDSCAPE SERVICES, INC. FOR
LANDSCAPE SERVICES FOR PARKS & FACILITIES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this January 1, 2022 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MERCHANTS LANDSCAPE SERVICES, INC., a California corporation ("Contractor"),
whose address is 1510 S. Lyon St. Santa Ana, CA 92705, and whose address is on file
with the California Secretary of State as 1190 Monterey Pass Rd, Monterey Park, CA
91754, 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 Califomia and the Charter of City.
B. City desires to engage Contractor to perform annual landscape maintenance
services of City parks and facilities ("Project").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Bid documents, line items, and
specifications.
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
E. 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 January 1, 2022 ("Effective Date")
and shall be for one (1) year terminating on December 31, 2022 ("Original Term"), unless
terminated earlier as set forth herein. The term of the Agreement shall automatically
renew for four (4) additional one (1) year terms (each a "Renewal Term"), unless City
provides Contractor written notice of non -renewal at least seven (7) days prior to
expiration of the current term, or the Agreement is terminated earlier as set forth herein.
In any event, the term of the Agreement, including the Original Term and any Renewal
Terms shall not extend beyond December 31, 2026, without a written amendment to this
Agreement.
17-5
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 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.
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 With respect to the on-call Services described in Exhibit A, 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 or Services.
2.4 No on-call 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.
MERCHANTS LANDSCAPE SERVICES, INC. Page 2 17-6
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 Fifty Thousand Dollars and 001100
($1,950,000.00) for the Original Term and for each Renewal Term (each twelve (12)
month period from January 1 to December 31, commencing with the Effective Date.
Contractor's compensation for all On -Call Services performed during the Original Term
or any Renewal Term and in accordance with this Agreement, including all reimbursable
items, shall not exceed Three Million Dollars and 001100 ($3,000,000.00), without prior
written amendment to the Agreement. Contractor's compensation for all Services
performed in accordance with this Agreement, including all reimbursable items shall not
exceed a total amount of Thirteen Million One Hundred Fifty Thousand Dollars and
001100 ($13,150,000.00), without prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing
Rates") may be adjusted by an increase not to exceed 2.0%. Contractor shall notify City
in writing of any requests for adjustment pursuant to this Section at least thirty (30) days
prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted
billing rates shall be approved in writing by City prior to use. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed 2.0% of the Billing Rates in effect immediately preceding such
adjustment.
4.3 This compensation includes:
4.3.1 Any loss or damage arising from the nature of the Work;
4.3.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.3.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
MERCHANTS LANDSCAPE SERVICES, INC. Page 3 17-7
4.4 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.
4.5 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.
4.6 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.
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 Mark Brower 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 Public Works Department. City's
Public Works Director 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.
MERCHANTS LANDSCAPE SERVICES, INC. Page 4 17-8
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 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
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 and all
persons and entities owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services shall not be responsible in any manner
for any loss or damage to any of the materials or other things used or employed in
performing the Project or for injury to or death of any person as a result of Contractor's
performance of the Services required hereunder, or for damage to property from any
cause arising from the performance of the Project and/or Services by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
MERCHANTS LANDSCAPE SERVICES, INC. Page 5 17-9
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.
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 Nothing in this Section shall be construed as authorizing any award of
attorneys' fees in any action to enforce the terms of this Agreement, except to the extent
provided for above.
9.8 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
10.1 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,
MERCHANTS LANDSCAPE SERVICES, INC. Page 6 17-10
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.
10.2 Contractor agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer, work nine hundred sixty (960) hours in any fiscal year; or
already be a CalPERS member.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit H, and incorporated herein by reference.
15. BONDING — FIXED MAINTENANCE
15.1 For all Fixed Maintenance Work as described in Exhibit A, Contractor
shall obtain, provide and maintain at its own expense during the term of this Agreement:
(1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the amount payable to the Contractor as set forth in this Agreement and in the form
attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a
Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto
as Exhibit E which is incorporated herein by this reference.
MERCHANTS LANDSCAPE SERVICES, INC. Page 7 17-11
15.2 The Labor and Materials Payment Bond and Faithful Performance 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 Faithful Performance Bond, 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. BONDING — ON-CALL SERVICES
16.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit F which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit G which is incorporated herein
by this reference.
16.2 The Labor and Materials Payment Bond and Faithful Performance 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.
16.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, 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.
17. LABOR AND PREVAILING WAGE REQUIREMENT
17.1 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.
MERCHANTS LANDSCAPE SERVICES, INC. Page 8 17-12
17.2 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.
17.3 This agreement shall be paid in accordance with Section 1770 of the
California State Labor Code and in accordance with the terms of the Southern California
Master Labor Agreement, which has established a prevailing rate of per diem wages to
be paid in the performance of this agreement. The Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the 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). The Contractor is required to obtain the wage determinations from the
Department of Industrial Relations and post at the job site the prevailing rate or per diem
wages. It shall be the obligation of the Contractor or any subcontractor under him/her to
comply with all State of California labor laws, rules and regulations and the parties agree
that the City shall not be liable for any violation thereof.
17.4 Unless otherwise exempt by law, Contractor warrants that no contractor
or subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
18. 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.
19. 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
MERCHANTS LANDSCAPE SERVICES, INC. Page 9 17-13
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.
20. 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.
21. 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.
22. 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
MERCHANTS LANDSCAPE SERVICES, INC. Page 10 17-14
25. CONFLICTS OF INTEREST
25.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
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.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
26. NOTICES
26.1 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.
26.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn- Mark Brower
Merchants Landscape Services, Inc.
1510 S. Lyon St.
Santa Ana, CA 92705
27. CLAIMS
27.1 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
MERCHANTS LANDSCAPE SERVICES, INC. Page 11 17-15
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.).
27.2 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.).
28. TERMINATION
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
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.
29. LABOR
29.1 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.).
29.2 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.
29.3 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.
MERCHANTS LANDSCAPE SERVICES, INC. Page 12 17-16
29.4 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.
30. STANDARD PROVISIONS
30.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 Controllina 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.
MERCHANTS LANDSCAPE SERVICES, INC. Page 13 17-17
30.10 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.
30.11 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.
30.12 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]
MERCHANTS LANDSCAPE SERVICES, INC. Page 14 17-18
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: /` k ;2�
By:
on C. rp
ity Att e
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONTRACTOR:
MERCHANTSLANDSCAPE
SERVICES, INC., a California corporation
Date:
By:
Mark Brower
Chief Executive Officer
Date:
By:
Karen Theresa Haas
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Service Specifications
Exhibit B — Schedule of Billing Rates
Exhibit C — Bid Submittal Documents
Exhibit D — Labor and Materials Payment Bond (Fixed Maintenance)
Exhibit E — Faithful Performance Bond (Fixed Maintenance)
Exhibit F — Labor and Materials Payment Bond (On -Call Services)
Exhibit G -- Faithful Performance Bond (On -Call Services)
Exhibit H — Insurance Requirements
MERCHANTS LANDSCAPE SERVICES, INC. Page 15 17-19
f-x:1:11=3k1_1
SERVICE SPECIFICATIONS
MERCHANTS LANDSCAPE SERVICES, INC. Page A-1 17-20
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIFICATIONS
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
All work necessary for the completion of this contract shall be done in accordance with
these Specifications.
Contractor Licensing
For the entire duration of the contract, the Contractor must possess a California
Contractor's License "C-27" and the Contractor and all Subcontractors shall possess a
valid Business License issued by the City.
Scope of Work
• INTENT
o The intent of these specifications is to provide full and complete contract
landscape maintenance at designated sites, herein described, and that
such sites be kept in a healthy, weed -free, vigorous, and well -kept state at
all times.
• 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 fifteen (15) feet in height
■ Irrigation programming, monitoring, maintenance, and repair
• Water meter reading and water conservation
1 1 P a g e
17-21
■ 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:
■ Area lighting systems
■ Fencing
■ Gates
■ Any building located at the specified site
■ Graffiti
■ Vandalism
■ Signage
■ Damage from vehicular accidents (except as extra -work)
■ Water, sewer, and electrical lines or systems, except to the extent
required in the Technical Specifications
■ Trees over fifteen (15) feet in height
=4:klr1=1we] a I,Ul1:II :I:I_\:[y;;l
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the maintenance specification description
herein. 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
2 1 P a g e
17-22
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 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, thirty-two (32) full-time positions and associated vehicles, as
stated in Appendix A: Minimum Staff Requirements. The City reserves the
31 Page
17-23
right to increase minimum staffing based upon additional acres being added
to the Contract.
0 WORKMANSHIP AND SUPERVISION
o The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to these
Specifications. All supervisory personnel must be able to communicate
effectively in English (both orally and in writing). Any order given to
supervisory personnel shall be delivered to the Contractor. The supervisor
assigned must be identified by name to ensure coordination and continuity.
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 where advanced notice is provided.
o Work shall be performed by competent and experienced workers. All
irrigation maintenance and repairs shall be monitored by a California
Landscape Contractors Association, Certified Landscape Technician -I
(Irrigation).
o 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, identifying that they are City
of Newport Beach contractors.
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 Specifications, 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.
41 Page
17-24
o The following days shall constitute holidays under the Agreement. Any
additional holidays requested shall be done so in advance and approved in
writing by the City.
■ Memorial Day
■ Independence Day (4t" of July)
• Labor Day
■ Thanksgiving Day
■ Christmas Day
■ New Yew'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 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.
51 Page
17-25
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 Deputy Director, or his authorized agent,
may reject any vehicle or piece of equipment and order it removed from the
job site. All vehicles assigned to the Contract shall have placards identifying
that they are City of Newport Beach contractors.
• 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 restraint or cease and desist orders to the
Contractor when unsafe or harmful acts are observed or reported relative
to the performance of the work under this contract. All Contractor vehicles
shall have a "W.A.T.C.H." work area traffic control manual at all times.
o The Contractor shall maintain all work sites free of hazards to persons
and/or property resulting from his/her operations, and any such hazards
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
61 Page
17-26
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 its 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
specifications of the Agremeent 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.
■ 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, preventive and curative application of fungicide, herbicide or any
required pesticide applications, water truck operations, and plant
71Page
17-27
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.
• 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 the award 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 H) to the
Project Administrator, or designee, on a schedule previously
approved by the City. Any changes or delays to that schedule shall
17-28
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.
■ 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 to account 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 and
designees 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
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special circumstances. Therefore, all work shall be completed on the
day scheduled, as shown on the weekly schedule.
• PERFORMANCE DURING INCLEMENT WEATHER OR OTHER
EMERGENCIES
o During the periods when inclement weather or other reasons hinder 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
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
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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 Agreement, 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 or
Certificate.
■ 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.
o The Contractor shall post all applications in areas accessible by the
public. The operator shall be present on treated sites until spray is dry, at
which time postings shall be removed.
o The City recommends use of alternative IPM strategies to treat pest
issues, when applicable.
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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 Schedule. The City shall have
the right to determine schedule days and the extent and frequency of
additional as -needed services. Standards and frequencies may be
modified from time to time as deemed necessary by the City for the proper
maintenance of the listed facilities.
o Conduct all operations so as to provide maximum safety for the public and
minimize disruption of the public use of City parks and facilities.
o Keep all gutters, curbs, and walks 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
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rodent activity shall be eradicated as soon as possible. Particular attention
to burrowing rodents is necessary to protect the site.
o Remove all animal feces or other materials detrimental to human health
from park areas and properly dispose immediately.
o Remove all broken glass and sharp objects and properly dispose
immediately.
o 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.
c 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
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sensors, master valves, manual and remote control valves, wiring,
pipes, vaults, heads, and anti -drain valves. The Contractor shall not
be responsible for the water meter assembly.
■ 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 tum off irrigation systems during rains.
■ All replacements to be made with original type material or as
d i rected.
■ 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 (if in existence) 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 actual cost of parts or
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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
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allocations stated in Appendix G: Irvine Ranch Water District
Landscape Irrigation Guidelines.
• Maintain a healthy landscape.
• Calculate evapotranspiration (ET) rates to gallons per minute
(GPM).
• Maintain all 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.
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• TURF MAINTENANCE
o All turf is to be mowed once per week.
o Frequency of mowing shall be scheduled so that no more than one-third
(1/3) of the height of the grass plant is removed per mowing.
o Borders shall be edged at each mowing with a 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 Mowing equipment shall be approved by the City. Equipment must be sharp
and properly adjusted to avoid damage to the turf plant.
o Pick up all litter prior to mowing.
o On all baseball infields, edging shall be performed using a string line and
shall use the base paths as a guide.
o Mow turf to the following heights:
■ Warm season turf grass: one-half (1/2) to one and one-quarter (1 '/4)
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 '/2) inches to two and one-half (2'/z) inches.
■ Kikuya and St. Augustine turf: one and one-quarter (1 '/4) inches to
one and three-quarter (1 %) inches.
o Mow all athletic fields using a reel -type mower, 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.
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.
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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.
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.
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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.
■ 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.
■ Apply Mirimichi Green MG -Pro at twenty (20) pounds per 1,000
square feet to select turf areas (up to ten (10) athletic fields) one time
per year.
■ 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.
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• 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.
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 or Tri -C Humate Plus fertilizer at 10
pounds per 1000 square feet. Substitutions may be considered at the City's
sole discretion.
o Trim and edge as necessary to restrict growth from encroaching on
sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants.
Growth retardants may be used as approved by the City.
o Irrigate as required to maintain adequate growth and reasonable
appearance. Manually water where necessary.
o Control pests, including insects, fungus and rodents, as necessary to
maintain a healthy environment for plant growth.
o Bare groundcover areas shall be kept cultivated and raked of all debris.
o Bark mulch shall be replaced as needed and at the Contractor's expense,
to ensure a layer of mulch at least two (2) inches thick at all times.
• SHRUB, VINE AND TREE MAINTENANCE
o Shrubs shall be maintained in a safe and reasonably trimmed appearance
by proper shaping and pruning to promote the plant's natural character.
o 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.
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o Areas shall be fertilized twice per year, once in April and once in September
with JTM Complete or Tri -C Humate Plus 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.
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 aloes, agaves, agapanthus, day lilies,
morea, fountain grasses kangaroo paws 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 public 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 fifteen (15) 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.
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■ All tree guys, ties, and stakes shall be checked regularly to avoid
girdling and damage.
■ Contractor shall stake or otherwise support trees during inclement
weather and remove branches and other debris generated by such
weather.
■ Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. Immediately notify the Landscape
Manager if any of the above conditions exists.
■ Except for emergency removal, no tree/shrub shall be removed
without prior direction or approval of the City. Trees/shrubs badly
damaged and in need of replacement shall be brought to the
attention of the Landscape Manager.
■ Water as required to maintain proper and vigorous growth according
to variety. Manual water where necessary.
■ Tree wells shall be maintained with two (2) inch thick layer of bark
mulch at Contractor's expense, 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.
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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.
• 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
seven (7) 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.
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 seven (7) days per week from Memorial Day through Labor
Day, including holidays.
o All areas shall be maintained weed -free.
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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 seven (7) 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 blowing or sweeping.
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.
o Report any deficiencies to the City immediately in writing.
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• NATIVE AND DROUGHT TOLERANT PARK MAINTENANCE
c Locations:
■ Back Bay View Park, Castaways Park, Bonita Canyon Sports Park,
Coastal Peak Park, Upper and Lower Buck Gully, Mesa Birch Park,
Sunset Ridge Park, Harbor View Nature Park, and Big Canyon.
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 Buck Gully and Big Canyon, leaf and branch drop and organic
debris from native species shall be left in place.
■ For California Meadow Sedge areas at Castaways Park and Back
Bay View Park follow Turf Maintenance Specifications, unless
otherwise directed by City. Wash mower, weed whip or other
equipment thoroughly prior to each mow. 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, unless prior approval from the City is granted.
■ Hand water trees without bubblers as needed. Monitor excessive
summer irrigation to Oak trees at Castaways, Mesa Birch, and
Coastal Peak Parks, especially those situated in California Meadow
Sedge areas.
■ Where applicable, inspect rodent 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
accommodate timely weed removal, per specifications, the City may
251Page
17-45
hire an outside Contractor to assist in weed removal and deduct
these fees from the Contractor's monthly maintenance invoice.
261 Page
17-46
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: Maintenance Locations & Acreage
Appendix G: Irvine Ranch Water District Landscape Irrigation Guidelines
Appendix H: Required Reports
Appendix I: Extra Work Items
[l]
17-47
APPENDIX A:
MINIMUM STAFF REQUIREMENTS
Position
# of
Work Performed
Required
Location(s)
Employees
Vehicle(s)
Supervisor
1
One (1) Pickup
All sites
Truck or equal
Irrigation
3
Irrigation
Three (3) fully
All sites
Technician
maintenance
stocked trucks with
EXCEPT
irrigation controller
Bonita Canyon
remotes for
Sports Park
Rainmaster
Irrigation
1
Irrigation
One (1) fully
Bonita Canyon
Technician
maintenance
stocked truck with
Sports Park
irrigation controller
remote for
Rainmaster
Mow Crew Driver
2
Mowing/turf
Two (2) crew cab
All sites
Mow Crew
4
maintenance
truck with trailers
Laborers
Mow Crew Driver
1
Mowing/turf
Truck with trailer
Athletic Fields
maintenance
and 7 -Gang Reel
Mower
Leadworker
1
Crew cab truck
CDM Area
Detailed
4
Maintenance
Worker
Leadworker
1
Crew cab truck
Eastbluff and
Detailed
Maintenance
2
Westcliff Areas
Worker
Detailed
Leadworker
1
Maintenance
Crew cab truck
Peninsula Area
Detailed
Maintenance
2
Worker
Leadworker
1
Crew cab truck
Marina Park
Detailed
and Sunset
Maintenance
2
RidgeNiew
Worker
Parks
[2]
17-48
Leadworker
1
Truck or utility
Bonita Canyon
Detailed
2
Maintenance
vehicle
Sports Park
Worker
Refuse Drivers
3
General litter
Three (3) One -ton
All Contract
control, refuse
stake bed trucks
sites
removal, and
grounds policing
Pest Control
1
Pest control
One (1) fully-
All Contract
Applicator
operations
stocked spray truck
sites
with a minimum
100 -gallon tank
Total
33
Total Vehicles
17
All City
Employees
Required
Locations
Required
[3l
17-49
APPENDIX B:
LANDSCAPE MAINTENANCE AREA MAPS
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:
https://nbgis.newportbeachca.gov/gispub/MapCatalog/pdf maps/C-8772-1 Atlas%202021.pdf
*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.
[4]
17-50
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
Mirimichi 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 or TRI -C and Palm
Twice/year - Once/year for trees —three/year
Plus
for palm trees
Hardscape Maintenance
Five days/ week,
Seven days/ week Memorial Day through
Labor Da
[5]
17-51
Grounds Policing
(Including SandNVood Chip Areas,
Specialty/Athletic Areas, and Park
Amenities)
Visual Inspection
Five days/week,
Seven days/week Memorial Day through
Labor Day
Litter Removal
Five days/week,
Seven days/week Memorial Day through
Labor Da
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,
Seven days/ week Memorial Day through
Labor Da
[6]
17-52
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
[7]
17-53
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 Fusilade or equivalent
o Snapshot, Dimension 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)
o Toro 570-PRXCOM with Precision Series Rotating Nozzle (slopes &
groundcover areas)
[8]
17-54
CONTROLLER
o Rain Master Evolution DX3 irrigation controller with flow, cellular &
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/ IBOC
o Hunter XC Hybrid Solar -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
17-55
APPENDIX F:
MAINTENANCE LOCATIONS & ACREAGE
FULL LANDSCAPE MAINTENANCE LOCATIONS & ACREAGE
Acreage
Acreage
Square
Location
Address
Total Acreage
(Non -Athletic)
(Athletic Fields)
Footage
"A" Street Pump
815 E Bay Ave
0.03
0.03
1,437.07
Station
38th Street Park
3600 Balboa Blvd
0.81
0.81
35,076.40
114 Bayswater, Bison Ave. at
Arroyo Park
5.46
2.82
8.28
360,549.51
Bayswater
1900 Back Bay Dr, Jamboree
Back Bay View Park
10.76
10.76
468,512.40
and Coast Hwy
Balboa Island Park
115 Agate Ave.
0.26
0.26
11,395.52
Balboa Yacht Basin
829 Harbor Island Drive
1.72
1.72
75,034.13
Bayside Dr. between Carnation
Bayside Drive
3.98
3.98
173,288.47
and Marguerite
Bayview
Mesa Dr and Bay View Ave
2.10
2.10
91,611.59
Begonia
Begonia Ave and First Ave
2.22
2.22
96,814.80
Big Canyon Phase 1
7.20
7.20
313,812.19
900 Dover Dr, 16th Street and
Bob Henry
3.36
1.98
5.34
232,476.42
Dover Dr.
Bolsa Ave and Old Newport
Bolsa
0.21
0.21
9,132.46
Blvd.
Bonita Canyon Sports
1990 Ford Rd
36.40
6.18
42.58
1,854,815.82
Park
Bonita Creek Park
3010 La Vida
11.39
1.82
13.21
575,548.61
Buck Gully & Fifth
Poppy and Fifth
0.74
0.74
32,258.54
Buffalo Hills
1891 Port Provence PI
13.17
4.07
N
751,215.99
Castaways Park
700 Dover Dr
15.90
15.90
692,735.93
Channel Place
4400 Channel PI
1.31
1.31
56,867.05
China Cove Ramp
Ocean Blvd and Fernleaf
0.35
0.35
15,383.53
Cliff Drive
301 Riverside Ave
5.46
5.46
237,627.01
Coastal Peak Park
20403 East Coastal Peak
6.97
4.27
11.24
489,639.77
Corona Del Mar
District Tree Wells
0.10
0.10
4,274.15
and Centennial Plaza
Corona Del Mar
420 Marigold
0.42
0.42
18,161.69
Library/Fire Station
Corona Del Mar State
3001 Ocean Blvd
8.68
8.68
377,964.81
Beach
Eastbluff
2401 Vista Del Oro
11.28
1.46
12.74
554,871.26
[10]
17-56
Fire Station
#1/Balboa Library
100-110 Balboa Blvd E
0.36
0.36
15,602.16
Fire Station #2
475 32nd St
0.10
0.10
4,561.62
Fire Station #2 (New)
2807 NEWPORT BLVD
0.23
0.23
9,808.33
Fire Station #4
124 Marine Ave
0.02
0.02
849.25
Fire Station #6
1348 Irvine Ave
0.05
0.05
2,134.66
Fire Station #7
1971 Mesa Dr
2.11
2.11
92,028.80
Ford Road Turf
Median
0.89
0.89
38,871.67
Galaxy View Park
1398 Galaxy Dr
1.01
1.01
44,072.80
Goldenrod
Footbridge
0.08
0.08
3,377.76
Grant Howald
3000 Fifth Ave
7.29
1.71
8.99
391,748.47
Harbor View Nature
San Miguel Dr, east of Pacific
View Dr -
10.09
10.09
439,617.48
Inspiration Point
1.45
1.45
63,316.59
Irvine Terrace
721 Evita Dr
4.96
2.74
7.69
335,131.74
Jasmine View
Harbor View Dr and Marguerite
Ave
1.08
1.08
46,991.19
John Wayne Park
2501 Cliff Dr
2.13
2.13
92,954.87
Kings Road
1801 Kings Rd
0.44
0.44
19,046.81
L Street Park
327 L St
0.41
0.41
17,798.34
Lido Park
Via Lido and Lafayette Ave
0.62
0.62
27,030.43
Lincoln Athletic
Center
3101 Pacific View D
7.31
4.35
11.66
508,075.39
Little Corona
0.77
0.77
33,683.43
Lookout Point
Ocean Blvd.
0.42
0.42
18,273.41
Lower Buck Gully
214 Glen Dr
2.14
2.14
93,362.66
Lower Castaways
4.13
4.13
180,053.65
Manning Tract
2001 W Newport Hills Dr
1.64
1.64
71,284.32
Marina Park
1600 Balboa Blvd W
6.62
6.62
288,422.79
Mariners
1300 Irvine Ave
4.88
1.46
6.34
276,188.56
Mesa Birch
2081 Mesa Dr
0.85
0.85
37,197.55
Miramar Park
0.07
0.07
3,019.25
M -Street Park
0.06
0.06
2,619.67
Newport Island Park
3809 Marcus Ave
0.27
0.27
11,601.20
Newport Shores
220 61st St
0.30
0.30
13,165.50
Ocean Blvd Bluffs
Ocean Blvd from Bayview to
Poppy Ave
2.70
2.70
117,517.33
Old School
Dahlia Ave and Fourth Ave
0.82
0.82
35,564.80
Peninsula
A St and Ocean Front E
1.60
3.04
4.65
202,402.72
Police
Department/Fire
Station #3
868-870 Santa Barbara Dr
2.90
2.90
126,395.88
Rhine Wharf
0.27
0.27
11,815.15
San Joaquin Hills
1550 Crown Dr N
4.07
4.07
177,245.51
17-57
San Miguel
San Miguel Dr Rad Spyglass Hill
5.12
2.29
7.41
322,638.05
Spyglass Hill Park
Spyglass Hill RD and EI Capitan
1.53
1.53
66,446.58
Spyglass Hill
Reservoir
21 Muir Beach Cir
1.03
1.03
44,841.49
Sunset Ridge Park
8.73
4.91
13.65
594,386.73
Sunset View
Superior Ave,northOrth of Coast
1.22
1.22
53,014.83
Superior Parking Lot
3.46
3.46
150,569.85
Veteran's Memorial
215 15th St
0.39
0.39
16,871.79
West Jetty
2300 Channel Rd
0.47
0.47
20,632.55
West Newport Park
Seashore Dr and Prospect St
6.46
6.46
281,221.25
Westcfiff
Polaris Dr and Morning Star Ln
3.01
3.01
131,195.80
MTALS
256.85
43.08
282.69
13,065,155.79
[12]
17-58
APPENDIX G:
IRVINE RANCH WATER DISTRICT LANDSCAPE IRRIGATION
GUIDELINES
Water used for irrigation will be supplied by the Irvine Ranch Water District (IRWD). It is
the responsibility of the Contractor to understand the water usage rate tiers based on
allocation and to periodically review the IRWD guidelines, as they are updated on a
regular basis.
Irvine Ranch Water District Landscape Irrigation Information
http://www.irwd.com/customer-care/understanding -your-bill/landscape-irrigation-
rates. htm I
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%2OService/Your Bill Explained 7.12.pdf
Meter and Allocation Log
http://www.irwd.com/assets/files/Conservation/MeterAllocLogf l 1. 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 RRIGATION%2OADJ
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/weekIV-irrigation-schedule.html
[13]
17-59
APPENDIX H:
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.
[14]
17-60
I,����f>•Ir11:t�
EXTRA WORK ITEMS
Function Unit
Turf —1
Aerify
1,000 Square Feet
Dethatch/Renovate
Acre
Edge
1,000 Linear Feet
Fertilize
1,000 Square Feet
Gypsum Application at 25lbs
1,000 Square Feet
Mow (Reel Blade)
1,000 Square Feet
Mow (Rotary Blade)
1,000 Square Feet
Top Dress only
1,000 Square Feet
Hardscape
Cleaning
1,000 Square Feet
Power -washing
1,000 Square Feet
Groundcovers
Fertilize
1,000 Square Feet
Pest Control
General Weed Control Post Emergent
1,000 Square Feet
Pre-Emergent/turf or planter
1,000 Square Feet
Tree disease/insect foliar spray
Tree
Tree disease/insect root injections
Tree
Shrub Pruning/Removals
Pruning 10 Linear Feet
Removals 10 Linear Feet
Full Tree Pruning/Removals
Pruning
Tree
Removals
Tree
Planting
1 Gal. Shrub
Each
5 Gal. Shrub
Each
15. Gal Shrub
Each
15. Gal Tree
Each
24 in. Box Tree
Each
36 in. Box Tree
Each
64 Count Flat Groundcover
Flat
16 Count 4 in. Glat Annual Color
Flat
Turf -Seed and Top Dress
1,000 Square Feet
Turf -Sod
1,000 Square Feet
Hand -spread and rake in City Supplied Seed
1,000 Square Feet
Labor
[15]
17-61
Landscape Supervisor
Hour
Pest Control Applicator
Hour
Irrigation Technician
Hour
Landscape Maintenance Lea dworker/Driver
Hour
Equipment Operator
Hour
Detailed Maintenance Worker
Hour
Tree Trimmer
Hour
Equipment
1 -Ton Truck Day
Mulching
0-2 in. Mulch at 2 in. layer
Per Yard
Greenwaste
Disposal/Recycling
Ton
[16]
17-62
EXHIBIT B
SCHEDULE OF BILLING RATES
MERCHANTS LANDSCAPE SERVICES, INC. Page B-1 17-63
FULL LANDSCAPE MAINTENANCE LOCATIONS & ACREAGE
PARK
"A" Street Pump Station
ADDRESS
815 E Bay Ave
Acreage
(Non- (Athletic
0.03
Acreage
0.03
1'437.07 S
72.00
$ 864,00
38th Street Park
3600 Balboa Blvd
0.81
0.81
35,076.40 $
702.00
$ 8,424,00
Arroyo Park
114 Says ater. Bison Ave. at Bayswater
5.46
2.82
8.28
3650,549.51 $
3,925.00
$ 47,100.00
Back Bay View Park
1900 Back Ray Dr, Jamboree and Coast Ftwy
10.76
10.76
468,512.40 $
6,330.00
$ 75,960.00
Balboa Island Park
115 Agate Ave-
0.26
0.26
11,395.52 $
200.00
S 2,400.D0
Balboa Yacht Basin
829 Harbor Island Drive
177
1.72
75,034.13 5
1,100.00
$ 13,200.00
Bayside Drive
Bayside Dr. between Carnation and Marguerit
3.98
3.98
173.288 47 5
1,820.00
5 21,840.00
Bayview
Mesa Dr and Bay View Ave
2.10
2.10
91,611.59 5
1,236.00
S 14,832.00
Begonia
Begonia Ave and First Ave
2.22
2.22
96,814.80 $
1,307.00
S 15.684,00
Big Canyon Phase 1
7.20
7.20
313,812.19 $
2,355.00
$ 28,260.00
Bob Henry
900 Dover Dr, 16th Street and Dover Drive
3.36
1.98
5.34
232,476.42 $
3,075.00
$ 36,900,00
Bolsa
Bolsa Ave and Old Newport Blvd.
0.21
0.21
9,132.46 $
180.00
S 2,160.00
Bonita Canyon Sports Park
1990 Ford Rd
36.40
5.18
42.58
1.854,815.82 $
23,200.00
$ 278,400,00
Bonita Creek Park
3010 La Vida
11.39
1.82
13.21
575,548.61 $
6,875.00
$ 82,500.00
Buck Gril N &Fifth
Poppy and Fifth
0.74
0.74
32,258.54 5
565.00
5 6,78000
Buffalo Hills
I891 Port Provence PI
13.17
4.07
17.25
751.215.99 S
10,950-00
5 131,400.00
Castaways Park
700 Dover Dr
15.90
15.90
692.735.93 5
6.650.00
5 79,800.00
Channel Place
4400 Channel PI
1.31
131
56,867 05 S
710-00
S 8,520,00
China Cove Ramp
Ocean Blvd and Fernleaf
0,35
0.35
15,38353 5
31000
$ 3,720.00
Cliff Drive
301 Riverside Ave
5,46
5.46
237,627.01 5
3,330.130
$ 39,960.00
Coastal Peak Park
20403 East Coastal Peak
6.97
4.27
11.24
489,639.77 $
5,980.00
$ 83,70,00
Corona Del Mar District Tree Wells and
Centennial Plaza
0.10
1
0.10
4,274.15 $
215.00
$ 2,580,00
Corona Del Mar Libra /Fire Station
420 Marigold
0.42
0.42
18,161.59 $
185.00
$ 2,220,00
Corona Del Mar State Beach
3001 Ocean Blvd
8.68
8.68
377,964.81 $
3,025.00
$ 36,300,00
Eastbluff
2401 Vista Del Oro
11,28
1.46
12.74
554,871.26 5
7.250.00
$ 87,000,00
Fire Station #17Balboa Libra
300-110 Balboa Blvd E
0,36
0.36
15,601.16 S
390.00
$ 4,680,00
Fire Station #2
475 32nd St
0.10
0.10
4,561.62 S
95.00
S. 1,140.00
Fire Station #Z New
2807 NEWPORT BLVD
0.23
073
9,80833 5
195.00
5 2,34000
fire Station #4
124 Marine Ave
0.02
002
84915 S
55.00
5 660,00
fire Station#6
1348 Irvine Ave
0.05
005
2,134,66 5
110.00
5 1.320,00
Fire Station 97
1971 Mesa Dr
2.11
2.11
92,028,80 5
1,380.00
$ 16,56000
Ford Road Turf Median
0.89
0.89
38.871.57 S
1,170-00
5 14,04000
Galaxy View Park
1398 Galaxy Dr
101
1.01
44,072,80 $
880.00
5 10,560.00
Goldenrod Footbridge
0,08
0.08
3,377,76 $
170.00
$ 2,04000
Grant Howald
3000 Fifth Ave
779
171
8.99
391,748,471
5,150-00
$ 61,80000
Harbor View Nature
San Miguel Dr, east of Pacific View Or -
10.09
10.09
439,61748 $
4,100.00
$ 49,200.00
Inspiration Point
1.45
1.45
63,316,59 $
635.00
$ 7,620,00
Irvine Terrace
721 Evita Dr
4.96
2.74
7.69
335,131.74 $
4,350.00
$ 52,200.00
Jasmine View
Harbor Vlew Dr and Marguerite Ave
1.08
1.08
46,991.19 $
590.00
$ 7,080.00
John Wayne Park
2501 Cliff Or
2.13
2.13
92,954.87 $
1,165.00
$ 13,980.00
Kings Road
1801 Kings Rd
0.44
0.44
19,046.81 5
390.00
5 4,680.00
L Street Park
327 L St
0.41
OAl
17,798.34 5
320.00
S 3,840.00
Lido Park
Via Lido and Lafayette Ave
0,62
0.62
27.030.43 S
540,00
5 6,480.00
Lincoln Athletic Center
3101 Pacific View D
7.31
4,35
11.66
508.075 39 S6,150.00
$ 73,800.0
Little Corona
0,77
0.77
33,683.43 S
450.00
5 5400.00
Lookout Point
Ocean Blvd.
042
042
18,273.41 5
230.00
$ 2,750.00
Lower Buck Gully
214 Glen Dr
2.14
2.14
93,362.66 $
1,175.00
5 14,100.00
Lower Castaways
4,13
413
1.80,053,65 5
1.970.00
$ 23,640.00
Manning Tract
2001 W Newport Hills Dr
t-64
1.64
71,78432 $
715.00
S 8.580.00
Marina Park
1600 Balboa Blvd W
6.62
6.62
28x,422.79 5
3,61000
5 43.320-00
Mariners
1300 Irvine Ave
4,88
1,46
6.34
276,188.56 $
3,875.00
$ 46,500.00
Mesa Birch
2081 Mesa Dr
0.85
0.85
37,197.55 $
375,00
$ 4,500.00
Miramar Park
0.07
0,07
3,019.25 $
155,00
$ 1,860.00
M -Street Park
0.06
0,06
2,619.67 $
131.00
$ 1,572.00
Newport Island Park
3809 Marcus Ave
0.27
0,27
11,601.20 $
232,00
$ 2,784.00
Newport Shores
22061st St
0.30
030
13,165.50 5
395,00
S 4,740.00
Ocean Blvd Bluffs
Ocean Blvd from Ba iew to Poppy Ave
2.70
1
2,70
117.517 33 5
1,610 OD
5 19,329.00
Old School
Dahlia Ave and Fourth Ave
0-82
0,82
35.564.80 S
495.00
5 5.940-00
Peninsula
A St and Ocean Front E
1.60
3.04
4.65
702 402,72 5
2,415.00
$ 28,980.00
Police Department/Fire Station #3
868.870 Santa Barbara Dr
2.90
2.90
126,395.88 $
1,580,00
$ 18,960.00
Rhine Wharf
0.27
0.27
11,815.15 $
180,00
$ 2,160.00
San Joaquin Hills
1550 Crown Or N
4.07
4,07
177,245.51 $
1,760.0
$ 21.120.00
San Miguel
San Miguel Or and Spyglass Hill Rd
5.12
2.29
7,41
322,63805 $
3,875,00
S 46500.00
Spyglass hill Park
Spyglass Hill Rd and EI Capitan Dr
1.53
1.53
66,446.58 $
700.00
$ 840000
Spyglass Hill Reservoir
21 Muir Beach Cir
1.03
1,03
44,841.49 5
500,00
S 6.000 00
Sunset Ride Park
8.711
4.91
1365
594,38673 5
6,125.00
S 73.500.00
Sunset View
Superior Ave, north of Coast Hwy W
1.221
1,22
53,014.83 $
530,09
$ 6,360.00
Superior Parking Lot
3.46
3,46
150,569.85 $
1,505,00
$ 18,060.00
Veteran's Memorial
215 15th 5t
0.39
0.39
16,871.79 S
675,00
S 8,100.00
West Jetty
2300 Channel Rd
0.47
047
20.632.55 5
825,00
5 9.900.00
West Newport Park
Seashore Dr and Prospect St
646
6.46
281.221.25 S
4,050.00
5 48,600.00
Westcliff
Polatis Dr and MorningStar Ln
3.01
3.01
132,195.80 $
F 980.00
$ 23,760.00
TOTALS
2565.65
43.06
299.94
13,065,155.79 $
162,500.00 1$
1,950,000.00
17-64
EXTRA ■
K ITEMSFunction
Turf
Aerify
1,000 Square Feet
$ 5.75
Dethatch/Renovate
Acre
$ 500.00
Edge
1,000 Linear Feet
$ 4.00
Fertilize
1,000 Square Feet
$ 4.60
Gypsum Application at 25lbs
1,000 Square Feet
$ 8.00
Mow (Reel Blade)
1,000 Square Feet
$ 11.50
Mow (Rotary Blade)
1,000 Square Feet
$ 4.50
Top Dress only
1,000 Square Feet
$ 41.00
Hardscape
Cleaning
1,000 Square Feet
$ 10.00
Power -washing
1,000 Square Feet
$ 10.00
Groundcovers
Fertilize 11,000 Square Feet 1 $ 5.75
Pest Control
General Weed Control Post Emergi
1,000 Square Feet
$ 8.00
Pre-Emergent/turf or planter
1,000 Square Feet
$ 6.50
Tree disease/insect foliar spray
Tree
$ 65.00
Tree disease/insect root injections
Tree
$ 75.00
Shrub Pruning/Removals
Pruning
10 Linear Feet
$ 8.00
Removals
10 Linear Feet
$ 30.00
Full Tree Pruning/Removals
Pruning
Tree
$ 80.00
Removals
Tree
$ 250.00
Planting
1 Gal. Shrub
Each
$ 9.00
5 Gal. Shrub
Each
$ 25.00
15. Gal Shrub
Each
$ 70.00
15. Gal Tree
Each
$ 125.00
24 in. Box Tree
Each
$ 295.00
36 in. Box Tree
Each
$ 750.00
64 Count Flat Groundcover
Flat
$ 28.00
16 Count 4 in. Glat Annual Calor
Flat
$ 25.00
Turf - Seed and Top Dress
1.,000 Square Feet
$ 80.00
17-65
Turf - Sod
1,000 Square Feet
$ 1,250.00
Hand-spread and rake in City Supp
1,000 Square Feet
$ 5.00
Labor
Landscape Supervisor
Hour
$ 60.00
Pest Control Applicator
Hour
$ 48.00
irrigation Technician
Hour
$ 48.00
Landscape Maintenance Leadwor
Hour
$ 32.00
Equipment Operator
Hour
$ 32.00
Detailed Maintenance Worker
Hour
$ 30.00
Tree Trimmer
Hour
$ 52.00
Equipment
1-Ton Truck
I Day
$ 145.00
Mulching
0-2 in. Mulch at 2 in. layer
I Per Yard
$ 48.00
Greenwaste
Disposal/Recycling
ITon
$ 90.00
17-66
EXHIBIT C
BID SUBMITTAL DOCUMENTS
MERCHANTS LANDSCAPE SERVICES, INC. Page C-1 17-67
Proposal for
CITY OF NE WPOR T BEACH
Landscape Services for
Parks and Facilities
Due Date: October 21, 202.1
Time: 2:00pm
Submitted By:
merchants
[andscape services, inc.
1510 S. Lyon St.
Santa Ana, CA 92 705
800-645-4881
Fax 714-972-3185
Contact
Edgar Valdovinos
edgai*Merchantslandscape. com
17-68
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
BIDDER'S 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, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
3
17-69
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
7. In accordance with the California Labor Code (Sections 1770 et seq.), 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 —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act'.
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mall or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
17-70
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains In dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed,
765658 C-27 Mark Brower
Contractor's License No. & Classification Authorized Signature/Tille, President
1000004920 6-30-22 October 21, 2021
DIR Registration Number & Expiration Date Date
Merchants Landscape Services, Inc.
Bidder
5
17-71
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of TEN PERCENT THE AMOUNT BID IN •k!l111lf lk•ki Mfki llkl;
"""""'""" "'" Dollars ($ 10% to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of Landscape
Services for Parks & Facilities, Contract No. 8772-1, in the City of Newport Beach, is accepted
by the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed,
including the required bonds, and original insurance certificates and endorsements for the
construction of the project within thirty (30) calendar days after the date of the mailing of
"Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing 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.
Witness our hands this 13th day of October , 2021.
Merchants Landscape Services, Inc.
Name of Contractor (Principal)
Hartford Fire Insurance Company
Name of Surety
One Pointe Dr., 61h Floor, Brea, CA 92821
Address of Surety
(714)674-4599 Michael Slack
Telephone
Authorize Signature/Title President
�. o rlw 4 111L'�
A ortzed Agent Signature
MARY SMITH, Attomey-In-Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
R
17-72
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 Los Angeles }ss.
On October 13 20 21 before me, Emily Preciado,
Notary Public, personally appeared MARY SMITH
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. hd
EMILY PRECIA
,— COMMISSION #2328011
WITNESS my hand and official seal. - Notary Public - California
' LOS ANGELES COUNTY F
My Commission Expires
ignatu%?� ����/ MAY ii, 2024
(((r"' (seal)
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by
Trustee
Power of Attorn�}
CEO / CFO_1-CO(
Oth
OPTIONAL INFORMATION
Vice -President / Secretary / Treasurer
7
Thumbprint of
E] Check here if
no thumbprint
or fingerprint
is available.
17-73
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & CCMPANY
Agency Code: 72-183250
Hartford Fire Insurance Company, a corporation duly organized under die laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of ludiana
Hartford Accident and Indemnity Company, a corporation duly organized under tltc laws of the State of Conncclicut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the Stale of Conocct€cut
Twin City Fire Insurance Company, a corporation duly orgauized under the laws of tate State orindiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford insurance Company of the Southeast, n corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint,
up to the amount of unlimited :
Steven L. Arockmeyer,, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.
Wanglin of PASADENA, California
their true and lawful Attomey(s}In- Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the Fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
♦ 4
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VV � o.�"'✓ `V ' VT ice`•
Shelby Wiggins, Assistant Secretary Joelle L. LaPlerre, Assistant Vice President
STATE OF FLORIDA
55. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaP€erre, to me known, who being by me duty sworn, did depose and say: that
(s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above Instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said Instrument are such corporate seals;
that [hey were so affixed by authority of the Boards of Dlrectois of said corporations and that (s)he signed hisfher name thereto by like authority.
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Direct lnquirieslClaims to:
Expire 1m a 20, 2025
THE HARTFORD
BONboc"c
POWER
OF
ATTORNEY
One Hertford Plaza
Hartford, Connecticut 06155
B on d.Cl aimsAt hohartford.corn
call: 888-266-3488 orfax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & CCMPANY
Agency Code: 72-183250
Hartford Fire Insurance Company, a corporation duly organized under die laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of ludiana
Hartford Accident and Indemnity Company, a corporation duly organized under tltc laws of the State of Conncclicut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the Stale of Conocct€cut
Twin City Fire Insurance Company, a corporation duly orgauized under the laws of tate State orindiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford insurance Company of the Southeast, n corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint,
up to the amount of unlimited :
Steven L. Arockmeyer,, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.
Wanglin of PASADENA, California
their true and lawful Attomey(s}In- Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the Fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
♦ 4
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• +c.t a\sv a,,i'• �•` • ,+,�hu:•»' ..nor �.. f,
VV � o.�"'✓ `V ' VT ice`•
Shelby Wiggins, Assistant Secretary Joelle L. LaPlerre, Assistant Vice President
STATE OF FLORIDA
55. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaP€erre, to me known, who being by me duty sworn, did depose and say: that
(s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above Instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said Instrument are such corporate seals;
that [hey were so affixed by authority of the Boards of Dlrectois of said corporations and that (s)he signed hisfher name thereto by like authority.
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Jcwica Ciccone
MyCommissionllH 122290
Expire 1m a 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing Is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 13, 2021
Signed and sealed in Lake Mary, Florida.
�tw.y �p.•u.trv,\t a X00 T
fzl,
1e � ttintl fill.. \.,.
' '1 tel 1�%9�j�,Q
Keith D_ Dozois, Assistant Vice President
17-74
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 Orange I ss.
On October 20, 2021 before me, Nadine Rodriguez
Notary Public, personally appeared Mark Brower ,
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.
1 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.*my
NADINERODRIGUEZ
Notary Public - California
Orange County
Commission7 234a721 Comm. Expires Keb 24.1025 r
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
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 law!iof the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
17-75
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
DESIGNATION OF SUBCONTRACTOR(S)- AFFADAViT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
In these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
Merchants Landscape Services, Inc. ���i� Mark Brower
Bidder Authorized Mgnaturerntie President
0
17-76
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formlll Please print or type.
Bidder's Name Merchants Landscape Services, Inc.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION AS
DESCRIBED BELOW IN A COMPLETE AND ACCURATE MANNER MAY BE
CONSIDERED NON-RESPONSIVE OR NON -RESPONSIBLE.
■ Bidders with no park and facility landscape maintenance experience for an
Orange County coastal agency shall be considered non-responsive.
■ Bidders who have not been awarded contracts valued at over $1 million dollars
per year shall be considered non-responsive.
■ Bidders shall provide three (3) current municipal references, which, when
checked, will need a minimum "B grade", or shall be considered non -
responsible. The City of Newport Beach shall consider Past performance
of bidders that have previously been awarded a landscape contract with
the City of Newport Beach.
• Bidders shall have on staff (employees, no subcontractors) ISA Certified
Arborlsts, Certified Nurserymen, Certified Water Auditors, CA. DPR Qualified
Applicators, and a CA. DPR Pest Control Advisor, or then will be considered
non-responsive. Bidders shall provide employee names and copies of
certifications for each of the required staff members mentioned.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years !n excess of $1,000,000 annually provide the following information:
No. 1 Parks & Parks
Project Name/Number-Sports
Project Description Landscape Maintenance, STM, Irrigation, Renovations
Approximate Construction Dates: From
Agency Name City of Irvine
2012 To: On-going
10
17-77
Contact Person
Dennis Chiotti
Telephone 049} 468-6896
Original Contract Amount $3 millionFinal Contract Amount $ 3.5 million
If final amount Is different from original, please explain (change orders, extra work, etc.)
Additional parks added
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and Indicate outcome of claims.
No
No. 2 Orange County Great Park
Project NamelNumber
Project Description Landscape maintenance facilities, & sports fields
Approximate Constructlon Dates: From 2017 To: On-going
Agency Name City of Irvine
Contact Person Dennis Chiotti Telephone 049) 468-6896
Original Contract Amount $ 1.7 M Final Contract Amount $1.7 Million/year
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 3 Parks & Districts
Project Name/Number
Project Description Landscape Maintenance, Irrigation, & Facilities
Approximate Construction Dates: From 2016 To: On- ioing
Agency Name City of West Covina
Contact Person Mike Cresap
Telephone X26) 939-8438
Original Contract Amount $1.1 M Final Contract Amount $ 1.1 Million/year
11
17-78
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against youlContraetor? if yes, briefly explain and Indicate outcome of claims.
0
No. 4 Regional Parks -Carbon Cayon, Clark Regional,
Project Name/Number Craig Regional and Tri -City
Project Description
Landscape Maintenance, Irrigation
Approximate Constructlon Dates: From 2015 To: On-going
Agency Name County of Orange
Contact Person
Chad Ward
Telephone j94q 585-6420
Original Contract Amount $1.2 M Final Contract Amount $ 1.2 Million
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcorne of claims.
V
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
12
17-79
Did you file any claims against the Agency? Did the Agency file any claims
against youlContractor? If yes, briefly explain and indicate outcome of claims.
No. 6
Project NamelNumber
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person
Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and Indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Merchants Landscape Services, Inc. '—� Mark Browet
Bidder ' authorized Signaturu-I ille President
93
17-80
2602 W Aurora Street, Santa Ana, CA 92704 Phone: (949) 892-0412 Email: eutiquiobl9@gmail.com
Eutiquio Bravo
Summary: I have over 13 years experience in California Landscape installation and Landscape
Maintenance.
Cxnerience:
Job Title: Area Manager
Employer: Merchants Landscape Services Inc.
Dates: 2012 - Present
• In charge of Irrigators, Mow crews, Infield crews, Detail crews, Environmental crews
and spray technicians for the City of Irvine Athletic Park and Non Athletic Parks
• Organized and coordinate daily tasks running 80 to 85 employees
• Inspect Quality control and conduct weekly Inspections with the Inspectors
• Conducts weekly safety meetings
• Conducts Monthly equipment inventory
• In charge of Monthly Schedules for all crews
Job Title: Labor/Lead man
Employer: Merchants Landscape Services Inc.
Dates: 2008 - 2012
• Lead man of Mow Crew
• Maintenance lead man
Skills:
■ Excellent Customer Service
■ Good leadership
■ Good with computers
■ Knowledge of Microsoft Office
■ Capability to work and perform in a fast pace environment
Lan um ages:
• Bilingual — Spanish and English
• Write and Read — Spanish and English
17-81
Employee #32552
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Employee #32552 .. ae6 a42
17-82
R 8280 Willow Oaks corporate Drive e
"Z4 Irrigation SS4(4(���glect Certified'
uite 630
ASSOCIATION' Fairfax, VA 22031-4507 c
Tel: 703.536.7080 IRRIGATION ASS 0CiAfION
Fax: 703,536,7019
CAIS: Certified Agricultural Irrigation Specialist
CAWM: Certified Agricultural Water Manager
CGIA: Certified Golf Irrigation Auditor
CIC; Certified Irrigation Contractor
CID: Certifed Irrigation Designer
CIT: Certified Irrigation Technician
CLIA: Certified Landscape Irrigation Auditor
CLIM: Certifed landscape Irrigation Manager
CLWM: Certified Landscape Water Manager
www.irrigation.org I certification@irrigation.org
Martin Herrera
GLIA
Certification ID#: 59663
Expiration Date: 12/31/2021
CEU Cycle: 3./1/2021 to 12/31/2022
Employee 4170
17-83
OSEAS CRUZ
2230 E Ball RD Apt. Anaheim, CA 92086
Contact • (714) 749-4907 • coseas23@yahoo.com
Experienced, bilingual, and self -motivated student. S+ years of experience drafting on AutoCad. Able to
detect situations and come with a solution. Minor experience in structural steel labor.
EXPERIENCE
NOVEMBER 11, 2018—On-going
ASSISTANT SUPERVISOR, MERCHANTS LANDSCAPE
Landscape maintenance at Regional Parks and City of Orange Parks
NOVEMBER 2016
DRAFTING, RAMSEY MACHINE SERVICES.
Producing detailed plan work: Elevations, Sections, Detailed Callouts, Foundation Plans,
Templates, Bill of Material, Material Callouts, Location of Steel Columns and Bolt Holes. These
plans make it easier out in the field for the labor workers.
EDUCATION
FALL 2015 —SPRING 2018
ASSOCIATE DEGREE IN ARCHITECTURE, ORANGE COAST COLLEGE
Certificate of Achievement of CSU General Education Breadth, Achievement Award of EOPS
Program; School work included physical models, Floor Plans, Construction Documents. 2.9 GPA
FALL 2018 -
BACHELOR'S IN LANDSCAPE ARCHITECTURE, CAL POLY POMONA
School work includes knowledge of plant material, Constructions, Determining slope percentage.
3.75 GPA Term Honor Dean's List.
SIULLS
• Skills in AutoCad, Revit, Rhino 3D Modeling
• Skills in Adobe Photoshop, illustrator
ACTIVITIES
• Certified Operator: Aerial & Scissor lift
• Skills in Site Analysis
• Skills in Site Survey
Giving back is more than receiving. Every Fall since 2016, 1 would volunteer to go to Rosarito, MEX with a
church to build two houses for families in need, give Christmas present to the kids, and Food Banks.
17-84
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of 21ange )
Mark Brower being first duly sworn, deposes and says that he or she Is
rest ent ofMerchants Landscape Serv_ices the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made In the Interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone Interested in the proposed
contract; that all statements contained In the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of [tie Slate of California that the foregoing is true and correct.
Merchants Landscape Services, Inc. / Mark Brower
Bidder Authorized rgnature/Title President
Subscribed and sworn to (or affirmed) before me on this day of 2021
by , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that tho foregoing
paragraph is true and correct.
SEE ATTACHED NOTARY ACKNOWLEDGEMENT
ISFAL)
14
Notary Public
My Commission Expires;
17-85
CAfLUFUNIX19A ALL- PURPOSE ACKNOW, LEDG6l RELM u CIVIL COME § 1189
ICCA; A. ,; Z;':'101>A-.<>cc:,A1—<,xX .1, ;X^-. -,,, "%:',—.
State of California
County of Orange
On October 21, 2021 before me, Nadine Rodriguez, Notary Public
Dale Here Insert Name and T[3e of the Officer
personally appeared Mark C- Brower
Name(s) of Signer(5)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/iheir authorized capaclty(les),' and that by
hislher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
*my
NADINERODRIGUEZ
NotaryPublic-California I certify under PEfNALTY OF PERJURY under the
orange County 3k laws of the State of Californla that the foregoing
Commission # 2348121
Comm. Expires Feb 24, 20 paragraph Is true and correct.
�)c%G,'c%(.c:Vc::;�f-�4�<. _ t-.< ,.'_<,._.: �-4'c;pit%4"tq.'cG'c4c%cctrc%4.t.C.cYti'c_4'c%4 s'4L%4�1•iT�:C`'�.4W' �'4'L4'c%C.vC:L4'uJ`t:t.�_'G.'[;C:Gc:�-'. '--4•�%C..�v'�_%G'.�4'cV'.7i�
02010 National Notary Asaaciabcn • NaWnalvolary.org • 1.800 -US NOTARY (1-800-878-6827) Hem 15907
17-86
WITNESS my hand and official seal.
%LL( �Dd L
Signature: -
Placa Notary Seal Above
Signature of Notary Pubik
OPTIONAL - —14
Though the informalion below is not required by law, it may prove valuable to persons retying on the document /
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
_
Document Date:
Number of -Pages:
'
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
Signer's Name:
❑ Corporate Officer — Title(s):
0 Corporate Officer — Titlo(s):
❑ Individual
a
❑ Individual
s
❑ Partner — L) Limited ❑General dap or Inumb here I I Partner — I I Limited l I Genera[ Top cf thumb here
G Attorney in Fact
❑ Attorney in Fact
C Trustee
❑ Trustee
1- Guardian or Conservator
LJ Guardian or Conservator
C Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
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02010 National Notary Asaaciabcn • NaWnalvolary.org • 1.800 -US NOTARY (1-800-878-6827) Hem 15907
17-86
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
DESIGNATION OF SURETIES
Bidder's name Merchants Landscape Services, Inc.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Bolton & Company:
3475 E. Foothill Blvd., Suite 100, Pasadena 91107-(626) 799-7000
15
17-87
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Merchants Landscape Services, Inc.
Record Last Five (5) Full Years
Current Year of Record
Current Record
Record
Record Record Record
Year of for
for
for for for
Record 2020
2019
2018 2017 2016
Total
2021
No. of contracts
45
42
40 40 38
205
Total dollar
Amount of
Contracts (in
29,000.00
27,000.00
25,000.00 24,000.00 20,000.00
125,000.00
Thousands of $
No. of fatalities
0
0
0 0 0
0
53
No. of lost 11 11
10 11 10
Workday Cases
No. of lost
workday cases
involving
permanent
10
12
11 12 12
57
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns
3 to 6, Code
Occupational Injuries, Summary --Occupational Injuries and illnesses, OSHA
No. 102.
16
10,
Legal Business Name of Bidder Merchants Landscape Services, Inc.
Business Address: 1510 S Lyon St., Santa Ana, CA. 92705
Business Tel. No.: (714) 972-8200
Slate Contractor's License No. and
Classification: 765658
Title C-27
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature
bidd,
Da
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
President
October 21 202
Secreta
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder Is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the caro to seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED
17
17-89
CIVIL CODE § 1189
;5'ti,.i-: �..., _ .<•a.-'.t.:.....t..'`n'.t::...ti^.�::.ti,rti;r.., .�.fx. .. �, .......:.:,•:..:-:C -.<....,.,...:.k�'.�.r�t.rtr.�.ri-..^<}i'.�_. . �-c :rx.cR-i,�>.'cx'r2
State of California
County of Orange
On October 21, 2021 before me, Nadine Rodriguez, Notary Public
Dale Hare Insod Name and Title of Iho Officer
personally appeared Mark and Donna Brower
Namelst of Slgnef(s)
*my
vnnlNE aaoelcuE2
Natary Public • California
O,ange CountyCor:mission #2348721
Comm. Expires Feb N, 2025
wpm
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
hislherAheir authorized capacity(ies),- and that by
hislherltheir signature(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: �u "
Placa Notary Seal Above slgnalule of volmy Public
OPTIONAL
Though the information below Is not required by law, it may prove valuable to persons relying on the docu e i
and could prevent fraudulent removal and reattachment of this form to another documen
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer Tille(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Tgp•of thumb here
❑ Attorney in Fact
C Trustee
C Guardian or Conservator
❑ Other:
Sign r1s Representing:
Nujnber of Pages:
er's Name:
❑ Corporate Officer — Title(s):
❑ Individual
I I Partner —I I Limited I I General Top o1 thumb bare
❑ Attorney in Fact
❑ Trustee
LJ Guardian or Conservator
❑ Other:
Signer Is Representing:
® 2010 Nallonal Nolary Assoclal;on • NationalNolary.org • I -WO -US NOTARY (I-800.878.6827)
Item 96947
17-90
Bidder's name
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
ACKNOWLEDGEMENT OF ADDENDA
Merchants Landscape Services, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
None
17-91
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 6772-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: Merchants Landscape Services, Inc
Business Address: 1510 S. Lyon St., Santa Ana CA. 92705
Telephone and Fax Number: (800) 645-4881 - Fax# (714) 972-3185
California State Contractor's License No. and Class
(REQUIRED AT TIME OF AWARD)
765658 C27
Original Date Issued: 7-13-99 Expiration Date: 7-31-22
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed In these contract documents:
Edgar Valdovinos- Branch Manager
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
Mark Brower President 1510 S Lyon St. Santa Ana, 92705 (800) 645-4881
Donna Brower Secretary 1510 S. Lyon St., Santa Ana, 92705 (800) 645-4881
Theodore Haas Chairman 1510 S. Lyon St., Santa Ana, 92705 800 645-4881
Corporation organized under the laws of the State of California
19
17-92
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
None
All company, corporate, or fictitious business names used by any principal having interest
In this proposal are as follows;
None
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
None
Briefly summarize the parties' claims and defenses;
None
Have you ever had a contract terminated by the owner/agency? If so, explain.
"i'To
Have you ever failed to complete a project? if so, explain.
No
For any projects you have been Involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes /®
3]
17-93
Are any claims or actions unresolved or outstanding? Yes /<o
If yes to any of the above, explain, (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Mark Brower
(Print name of Owner or President
of Corporation/Company)
Merchants Landscape Services, Inc.
Bidder uthoozed Signature/Titie
President
Title
October 21, 2021
Date
On October 21, 2021 before me, Nadine Rodriguez , Notary Public, personalty appeared
Mark Brower , 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/shelthey executed the same in his/her/their authorized capacity(fes), and that
by hislher/their signature(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,
SEE ATTACHED NOTARY ACKNOWLEDGEMENT (SEAL)
Notary Public in and for said State
My Commission Expires:
21
17-94
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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State of California
County of Orange
On October 21, 2021 before me, Nadine Rodriguez, Notary Public
Dale Hare Insert Name and Title of the Officer
personally appeared Mark C. Brower
Narne(s) of Signer(s)
NADINE RODRIGUEZ
Notary Public - California
Orange County
Commission N 2348721
`•r �a." My Comm. Expires Feb 24, 2425
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/herltheir signature(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.
Place Notary Seal !Shove Signature of Notary Public
OPTIONAL
Though the information below is not required by laly, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of ]his form to another doclrmenf.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
G Partner — ❑ Limited ❑ General. Top of thumb hero
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
C Other:
,Signer Is Representing:
of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ individual
a
I I Pariner — I I Limited I I General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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®2010 National NotaryAssociatbn • NalionalNctary.org - 1 -60D -US NOTARY (1.600.876-6627)
Item 05907
17-95
City of Newport Beach
LANDSCAPE SERVICES FOR PARKS & FACILITIES
CONTRACT NO. 8772-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBlds.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 8772.1 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
October 21, 2021
Date
714.972.8200 - Fax #714.972.3185
Bidder's Telephone and Fax Numbers
765658 C-27
Bidder's License No(s).
and Classifications)
1000004920
DIR Registration Number
Merchants Landscape Services, Inc.
Bidder
Mark Brower President
Bidder's Authorized Signature and Title
1510 S. Lyon St., Santa Ana, CA. 92705
Bidder's Address
Bidder's email address: mark@merchantslandscape.com
PR -1
17-96
FULL LANDSCAPE MAINTENANCE LOCATIONS & ACREAGE
PARK
"A" Street Pump Station
ADDRESS
815 E Bay Ave
Acreage
(Non-
0.03
Acreage
(Athletic
Total
0.03
Footage
1,437.07
Monthly
$ 72.00
$
864.00
38th Street Park
3600 Balboa Blvd
0.81
0.S1
35,076.40
$ 702.00
$
8,424.00
Arroyo Park
114 Bayswater, Bison Ave.
5.46
2.82
8.28
360,549.51
$ 3,925.00
$
47,100.00
Back Bay View Park
1900 Back Bay Dr, Jambore
10.76
10-76
468,512.40
$ 6,330.00
$
75,960.00
Balboa Island Park
115 Agate Ave.
0.26
0.26
11,395.52
$ 200.00
$
2,400.00
Balboa Yacht Basin
829 Harbor Island Drive
1.72
1.72
75,034.13
$ 11100.00
$
13,200.00
Bayside Drive
Bayside Dr. between Carnat
3.98
3.98
173,288.47
$ 1,820.00
$
21,840.00
Bayview
Mesa Dr and Bay View Ave
2.10
2.10
91,611.59
$ 1,236.00
$
14,832.00
Begonia
Begonia Ave and First Ave
2.22
2.22
96,814.80
$ 1,307.00
$
15,684.00
Big Canyon Phase 1
7.20
7.20
313,812.19
$ 2,355.00
$
28,260.00
Bob Henry
900 Dover Dr, 16th Street a
3.36
1.98 1
5.34
232,476.42
$ 3,075.00
$
36,900.00
Bolsa
Bolsa Ave and Old Newport
0.21
0.21
9,132.46
$ 180.00
$
2,160.00
Bonita Canyon Sports Park
1990 Ford Rd
36.40
6.18
42.58
1,854,815.82
$ 23,200.00
$
278,400.00
Bonita Creek Park
3010 La Vida
11.39
1.82
13.21
575,548.61
$ 6,875.00
$
82,500.00
Buck Gully & Fifth
Poppy and Fifth
0.74
0.74
32,258.54
$ 565.00
$
6,780.00
Buffalo Hifls
1891 Part Provence PI
13.17
4.07
17.25
751,215.99
$ 10,950.00
$
131,400.00
Castaways Park
700 Dover Dr
15.90
15.90
692,735.93
$ 6,650.00
$
79,800.00
Channel Place
4400 Channel PI
1.31
1.31
56,867.05
$ 710.00
$
8,520.00
China Cove Ramp
Ocean Blvd and Fernleaf
0.35
0.35
15,383.53
$ 310.00
$
31720.00
Cliff Drive
301 Riverside Ave
5.46
5.46
237,627.01
$ 3,330.00
$
39,960.00
Coastal Peak Park
20403 East Coastal Peak
6.97
4.27
11.24
489,639.77
$ 6,980.00
$
83,760.00
Corona Del Mar District Tree Wells and Centennial Plaza
0.10
0.10
4,2.74,15
$ 215.00
$
2,580.00
Corona Del Mar Library/Fire Station
420 Marigold
0.42
0.42
18,161.69
$ 185.00
$
2,220.00
Corona Del Mar State Beach
3001 Ocean Blvd
8.68
8.68
377,964.81
$ 3,025.00
$
36,300.00
Eastbluff
2401 Vista Del Oro
11.28
1.46
12.74
554,871.26
$ 7,250.00
$
87,000.00
Fire Station #1/Balboa Library
100-110 Balboa Blvd E
0.36
0.36
15,602.16
$ 390-00
$
4,680.00
Fire Station #2
475 32nd St
0.10
0.10
4,561.62
$ 95.00
$
1,140.00
Fire Station #2 (New)
2807 NEWPORT BLVD
0.23
0.23
9,808.33
$ 195.00
$
2,340.00
Fire Station #4
124 Marine Ave
0.02
0.02
849.25
$ 55.00
$
660.00
Fire Station #6
1349 )rvine Ave
0.05
0.05
2,134.66
$ 110.00
$
1,320.00
Fire Station #7
11971 Mesa Dr
2,111
2.11
92,028.80
$ 1,380.00
$
16,560.00
Ford Road Turf Median
1
0.89
0.89
38,871.67
$ 1,170.00
$
14,040.00
17-97
Galaxy View Park
1398 Galaxy Dr
1.01
1.01
44,072.80
$
880.00
$
10,560.00
Goldenrod Footbridge
0.08
0.08
3,377.76
$
170.00
$
2,040.00
Grant Howald
3000 Fifth Ave
7.29
1.71
8.99
391,748.47
$
5,150.00
$
61,800.00
Harbor View Nature
San Miguel Dr, east of Pacifi
10.09
10.09
439,617.48
$
4,100.00
$
49,200.00
Inspiration Point
1.45
1.45
63,316.59
$
635.00
$
7,620.00
Irvine Terrace
721 Evita Dr
4.96
2.74
7.69
335,131.74
$
4,350.00
$
52,200.00
Jasmine View
Harbor View Dr and MargUE
1.08
1.08
46,991.19
$
590.00
$
7,080.00
John Wayne Park
2501 Cliff Dr
2.13
2.13
92,954.87
$
1,165.00
$
13,980.00
Kings Road
1801 Kings Rd
0.44
0.44
19,046.81
$
390.00
$
4,680.00
L Street Park
327 L St
0.41
0.41
17,798.34
$
320.00
$
3,840.00
Lido Park
Via Lido and Lafayette Ave
0.62
0.62
27,030.43
$
540.00
$
6,480.00
Lincoln Athletic Center
3101 Pacific View D
7.31
4.35
11.66
508,075.39
$
6,150.00
$
73,800.00
Little Corona
0.77
0.77
33,683.43
$
450.00
$
5,400.00
Lookout Point
Ocean Blvd.
0.42
0.42
18,273.41
$
230.00
$
2,760.00
Lower Buck Gully
214 Glen Dr
2.14
2.14
93,362.66
$
1,175.00
$
14,100.00
Lower Castaways
4.13
4.13
180,053.65
$
1,970.00
$
23,640.00
Manning Tract
2001 W Newport Hills Dr
1.64
1.64
71,284.32
$
715.00
$
8,580.00
Marina Park
1600 Balboa Blvd W
6.62
6.62
288,422.79
$
3,610.00
$
43,320.00
Mariners
1300 Irvine Ave
4.88
1.46
6.34
276,188.56
$
3,875.00
$
46,500.00
Mesa Birch
2081 Mesa Dr
0.85
0.85
37,197.55
$
375.00
$
4,500.00
Miramar Park
0.07
0.07
3,019.25
$
155.00
$
1,860.00
M -Street Park
0.06
0.06
2,619.67
$
131.00
$
1,572.00
Newport Island Park
3809 Marcus Ave
0.27
0.27
11,601.20
$
232.00
$
2,784.00
Newport Shores
220 61st St
0.30
0.30
13,165.50
$
395.00
$
4,740.00
Ocean Blvd Bluffs
Ocean Blvd from Bayview tc
2.70
2.70
117,517.33
$
1,610.00
$
19,320.00
Old School
Dahlia Ave and Fourth Ave
0.82
0.82
35,564.80
$
495.00
$
5,940.00
Peninsula
A St and Ocean Front E
1.60
3.04
4.65
202,402.72
$
2,415.00
$
28,980.00
Police Department/Fire Station #3
868-870 Santa Barbara Dr
2.90
2.90
126,395.88
$
1,580.00
$
18,960.00
Rhine Wharf
0.27
0.27
11,815.15
$
180.00
$
2,160.00
San Joaquin Hills
1550 Crown Dr N
4.07
4.07
177,245.51
$
1,760.00
$
21,120.00
San Miguel
San Miguel Dr and Spyglass
5.12
2.29
7.41
322,638.05
$
3,875.00
$
46,500.00
Spyglass Hill Park
Spyglass Hill Rd and EI Capit
1.53
1.53
66,446.58
$
700.00
$
8,400.00
Spyglass Hill Reservoir
21 Muir Beach Cir
1.03
1.03
44,841.49
$
500.00
$
6,000.00
Sunset Ridge Park
8.73
4.91
13.651
594,386.73
$
6,125.00
$
73,500.00
Sunset View
Superior Ave, north of Coas
1.22
1.221
53,014.83
$
530.00
$
6,360.00
Superior Parking Lot
1
3.46
3.461
1SO,S69.85
$
1,505.00
$
18,060.00
17-98
Veteran's Memorial
215 15th 5t
0.39
0.39
16,871.79
$ 675.00
$
8,100.00
West Jetty
2300 Channel Rd
0.47
C.47
20,632.55
$ 825.00
$
9,900.00
West Newport Park
Seashore Dr and Prospect Si6.46
6.46
281,221.25
$ 4,050.00
$
48,600.00
Westcliff
Polaris Dr and Morning Star
3,01
3.01
131,195.80
$ 1,980.00
$
23,760.00
TOTALS
256.85
43.08 299.941
13,065,155.79
$ 162,500.00
$
1,950,000.00
17-99
17-100
Turf
Aerify
1,000 Square Feet
$
5.75
Dethatch/Renovate
Acre
$
500.00
Edge
1,000 Linear Feet
$
4.00
Fertilize
1,000 Square Feet
$
4.60
Gypsum Application at 25lbs
1,000 Square Feet
$
8.00
Mow (Reel Blade)
1,000 Square Feet
$
11.50
Mow (Rotary Blade)
1,000 Square Feet
$
4.50
Top Dress only
11,000 Square Feet
$
41.00
Hardscape
Cleaning
11,000 Square Feet
$
10.00
Power-washing
11,000 Square Feet
$
10.00
Groundcovers
Fertilize
1,000 Square Feet
1 $
5.75
Pest Control
General Weed Control Post Emergent
1,000 Square Feet
$
8.00
Pre-Emergent/turf or planter
1,000 Square Feet
$
6.50
Tree disease/insect foliar spray
Tree
$
65.00
Tree disease/insect root injections
Tree
$
75.00
Shrub Pruning/Removals
Pruning
110 Linear Feet
$
8.00
Removals
110 Linear Feet
$
30.00
Full Tree Pruning/Removals
Pruning
Tree
$
80.00
Removals
ITree
$
250.00
Planting
1 Gal. Shrub
Each
$
9.00
5 Gal. Shrub
Each
$
25.00
15. Gal Shrub
Each
$
70.00
15. Gal Tree
Each
$
125.00
24 in. Box Tree
Each
$
295.00
36 in. Box Tree
Each
$
750.00
64 Count Flat Groundcover
Flat
$
28.00
16 Count 4 in. Glat Annual Color
Flat
$
25.00
Turf - Seed and Top Dress
1,000 Square Feet
$
80.00
Turf - Sod
1,000 Square Feet
$
1,250.00
Hand-spread and rake in City Supplied Seed
1,000 Square Feet
$
5.00
Labor
Landscape Supervisor
Hour
$
60.00
Pest Control Applicator
Fiour
$
48.00
Irrigation Technician
Hour
$
48.00
Landscape Maintenance Lea dworker/Driver
Hour
$
32.00
Equipment Operator
HOUr
$
32.00
Detailed Maintenance Worker
Hour
$
30.00
Tree Trimmer
Hoar
$
52.00
17-100
17-101
Equipment
I-Ton Truck
jDay
$ 145.00
Mulching
0-2 in. Mulch at 2 in. layer
Per Yard
$ 48.00
Greenwaste
Disposa[/Recycling
ITon
$ 90.00
17-101
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," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of One Million Nine Hundred Sixteen Thousand Seven Hundred Eighty
Six Dollars and 16/100 ($1,916,786.16), lawful money of the United States of America,
said sum being equal to 100% of the amount of the annual Agreement price, payable by
the City of Newport Beach under the terms of the Agreement, 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.
MERCHANTS LANDSCAPE SERVICES, INC. Page D-1 17-102
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
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
MERCHANTS LANDSCAPE SERVICES, INC. Page D-2 17-103
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)
MERCHANTS LANDSCAPE SERVICES, INC_ Page D-3 17-104
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
LANDSCAPE SERVICES FOR PARKS & FACILITES, in the City of Newport Beach, in
strict conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the fumishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One
Million Nine Hundred Sixteen Thousand Seven Hundred Eighty Six and 161100
($1,916,786.16) lawful money of the United States of America, said sum being equal to
100% of the amount of the annual Agreement price, to be paid to the City of Newport
Beach, its successors, and assigns; for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
MERCHANTS LANDSCAPE SERVICES, INC. Page E-1
17-105
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
MERCHANTS LANDSCAPE SERVICES, INC. Page E-2
17-106
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 I 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)
MERCHANTS LANDSCAPE SERVICES, INC. Page E-3 17-107
EXHIBIT F
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," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars and 00/100 ($ ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; 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
MERCHANTS LANDSCAPE SERVICES, INC. Page F-1 17-108
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 Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
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
MERCHANTS LANDSCAPE SERVICES, INC. Page F-2 17-109
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)
MERCHANTS LANDSCAPE SERVICES, INC. Page F-3 17-110
EXHIBIT G
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
LANDSCAPE SERVICES FOR PARKS & FACILITES, in the City of Newport Beach, in
strict conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
Dollars and 00/100 ($ .00)
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), of the Agreement, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
MERCHANTS LANDSCAPE SERVICES, INC. Page G-1
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
MERCHANTS LANDSCAPE SERVICES, INC. Page G-2
17-112
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 I 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)
MERCHANTS LANDSCAPE SERVICES, INC. Page G-3 17-113
EXHIBIT H
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 City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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
MERCHANTS LANDSCAPE SERVICES, INC. Page H-1 17-114
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
MERCHANTS LANDSCAPE SERVICES, INC. Page H-2 17-115
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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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
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.
MERCHANTS LANDSCAPE SERVICES, INC. Page H-3 17-116
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this 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.
MERCHANTS LANDSCAPE SERVICES, INC. Page H-4 17-117