HomeMy WebLinkAbout09 - M/RSA for Landscape Maintenance of the Civic Center Complex and Park (Contract No. 9403-1)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 24, 2023
Agenda Item No. 9
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 of a Maintenance/Repair Services Agreement for
Landscape Maintenance of the Civic Center Complex and Park with
Merchants Landscape Services, Inc. (Contract No. 9403-1)
FA 739-:YTl*19
The City of Newport Beach (City) currently utilizes a contractor to maintain all landscaping
at the Civic Center, Civic Center Park, the dog park, and the Central Library grounds, to
keep these areas in pristine condition. The current agreement (Contract No. 8579-1) with
Park West Landscape, Inc. will expire on January 31, 2024. Upon completion of a recent
Request For Bids (RFB) procurement and selection process, staff recommends City
Council approval of a three-year agreement with the lowest bidder, Merchants Landscape
Services, Inc. (Merchants).
RECOMMENDATIONS:
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;
and
b) Approval of a Maintenance/Repair Services Agreement for Landscape Maintenance
of Civic Center Complex and Park with Merchants Landscape Services, Inc. for
$360,000 per year for three years for a total amount not -to -exceed $1,080,000, and
authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The Public Works Department administers three separate citywide landscape
maintenance agreements. One for all street medians and roadside areas, including
Newport Coast facilities and landscaping (Contract No. 8651-1), another for the
landscape maintenance of parks and facilities (Contract No. 8772-1), and a third for the
landscape maintenance of the Civic Center, Central Library grounds, Civic Center Park
and dog park (Contract No. 8579-1). More than 17 acres of ornamental and native
landscapes are maintained under the Civic Center agreement.
9-1
Approval of a Maintenance/Repair Services Agreement for Landscape Maintenance of
the Civic Center Complex and Park with Merchants Landscape Services, Inc.
October 24, 2023
Page 2
The current five-year Civic Center agreement with Park West Landscape Management,
Inc. was awarded on November 27, 2018, for a total not -to -exceed amount of $1,243,125,
and will expire on January 31, 2024. In anticipation of the expiration of the agreement, the
Public Works Department solicited formal bids on August 17, 2023, for the landscape
maintenance of the Civic Center Complex and Park grounds.
The bid specifications required proposers to provide costs and an associated workplan for
the requested areas of maintenance. Included in the workplan and bid specifications is a
minimum labor requirement, which serves to ensure the selected contractor has sufficient
personnel to adequately perform the required work on a daily basis, as outlined in the
contract. Currently, the scope of work includes, but is not limited to, monitoring the
auto -mowers and, as needed, weekly mowing and detailing of the Civic Green, weeding
and trimming of park planters, patrolling all areas for litter, checking and repairing site
irrigation, and bi-weekly washing and clean-up of the dog park. The new agreement
includes all of the current responsibilities plus adding in the recently installed landscaping
along Avocado Avenue adjacent to the Orange County Transportation Center, the
hardscape median on San Miguel Drive between Avocado Avenue and MacArthur
Boulevard, and the all-hardscape square footage surrounding the Civic Center and Park
(for example, the sidewalks along MacArthur Boulevard and Avocado Avenue).
Additionally, mandatory equipment, such as a motorized cart (or gator), power -washer,
and grade -all hydraulic lift for trimming the parking structure's Ficus hedge, was included
in this agreement.
Revisions were also made to the specifications and frequency levels for this agreement.
For example, the agreement now includes refuse collection of all trash receptacles onsite,
which is currently collected by CR&R, a requirement for regular power -washing selected
areas, including the dog park as well as up to five seasonal color change -outs per year
to the Civic Center entry statements. Due to the addition of maintenance areas and
frequency levels to the agreement, one additional contracted staff member was added to
the minimum manpower component of the proposed agreement, bringing the total
manpower for this contract to four.
The Public Works Department issued the RFB for Landscape Maintenance of the Civic
Center Complex and Park through the City's electronic bidding portal. Two hundred
eighteen vendors were notified, requiring proposers to supply qualifications, references,
and base bid and on -call costs for landscape maintenance services. At 10 a.m. on
September 14, 2023, the City Clerk opened and read the base bids for this project:
BIDDER
BASE BID AMOUNT
Low
Merchants
$282,000.00
2nd
DMS Facility Services
$283,776.00
3rd
Brightview Landscape Maintenance, Inc.
$295,000.08
4th
SGD Enterprises
$301,500.00
5th
Parkwood Landscape Maintenance, Inc.
$309,120.00
9-2
Approval of a Maintenance/Repair Services Agreement for Landscape Maintenance of
the Civic Center Complex and Park with Merchants Landscape Services, Inc.
October 24, 2023
Page 3
The City received five 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. Merchants' work plan, including
necessary staffing and equipment, shows an understanding of what is required to
successfully carry out the specifications in the agreement. A review of references for
Merchants shows satisfactory provision of similar services for other local municipalities,
including the current Parks and Facilities Agreement with the City.
Staff recommends the City Council award a three-year agreement to Merchants at a total
not -to -exceed amount of $1,080,000 to provide necessary baseline landscaping services,
plus any unplanned, supplemental work at the Civic Center and Central Library grounds
and the Civic Center Park and dog park. This includes the annual base service cost of
$282,000 as well as a $78,000 annual allowance for supplemental work that would be
conducted on an as -needed basis. Supplemental work includes such items as re -sodding
the Civic Green, installation of replacement plants and trees, replacement of
malfunctioning irrigation parts, or repairs or clean-up from vandalism or storm response.
Currently, staff spends an average of $68,000 per year on supplemental work at the Civic
Center Complex and Park site.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this purchase. It will be expensed to
the Contract Services Civic Center account, (0108031-811026), Maintenance Irrigation
Repair account (0108031-851038), Park Renovations account (0108031-911008), and
Trees Contract Services account (0108032-811017) in the Public Works Department.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section pursuant to Sections 15060(c)(2)
and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment.
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
9-3
Attachment A
Civic Center and Park Landscape Maintenance/Repair Services Agreement
MAINTENANCEIREPAIR SERVICES AGREEMENT
WITH MERCHANTS LANDSCAPE SERVICES, INC. FOR
CIVIC CENTER AND PARK LANDSCAPE MAINTENANCE
THiS MAINTENANCEIREPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 24th day of October, 2023 ("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 1190 Monterey Pass Road, Monterey Park, California 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 California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2026, unless terminated earlier as set forth herein.
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
9-5
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.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed One Million Eighty Thousand Dollars and 00/100 ($1,080,000.00),
without prior written amendment to the Agreement.
4.2 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
Merchants Landscape Services, inc. Page 2 9_6
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.
4.3 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.
4.4 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 Edgar Valdovinos 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. City's Parks and Trees
Superintendent or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
Merchants Landscape Services, Inc. Page 3 9-7
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 orfaulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
Merchants Landscape Services, Inc. Page 4 9_8
(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).
9A Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
Merchants Landscape Services, Inc. Page 5 9_9
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 C, and incorporated herein by reference.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: (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 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.
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
Merchants Landscape Services, Inc. Page 6 9-10
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
16. LABOR AND PREVAILING WAGE REQUIREMENT
16.1 Contractor shall comply with all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the Federal Fair Labor
Standards Act.
16.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give notice to City, including all relevant information.
16.3 This agreement shall be paid in accordance with Section 1770 of the
California State Labor Code and in accordance with the tenus of the Southern California
Master Labor Agreement, which has established a prevailing rate of per diem wages to
be paid in the performance of this agreement. The Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the 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).
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
Merchants Landscape Services, Inc. Page 7 9-11
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
Merchants Landscape Services, Inc. Page 8 9_12
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Mark Brower
Merchants Landscape Services, Inc.
1510 S. Lyon St.
Santa Ana, CA 92705
26. CLAIMS
26.1 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
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identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 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.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. if such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSK) (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Merchants Landscape Services, Inc. Page 10 9-14
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the Unified States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmiess City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
Merchants Landscape Services, Inc. Page 11 9-15
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Merchants Landscape Services, Inc. Page 12 9-16
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: /o• (2.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
aro C. I e rrp +Z Z3 WC Noah Blom
City Attorn Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONTRACTOR: Merchants Landscape
Services, Inc., a California corporation
Date:
By:
Krista M. Haas
Chief Executive Officer 1 Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D —
Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
Merchants Landscape Services, Inc. Page 13 9-17
EXHIBIT A
SCOPE OF SERVICES
Merchants Landscape Services, Inc. Page A-1 g_qg
SCOPE OF SERVICES
CIVIC CENTER AND PARK LANDSCAPE MAINTENANCE
• DESCRIPTION OF PROJECT
o Furnish all labor, equipment, materials, and supervision to perform landscape
maintenance as described herein including, but not limited to, the following:
■ Weeding, cultivating and brush control, both mechanically and chemically
■ Turfgrass weed eradication and control, both mechanically and chemically
■ Turf, shrub, and tree fertilization
■ Shrub and groundcover trimming, pruning, and training
■ Minor pruning and staking of trees under twelve (12) feet in height at main
library
■ Irrigation programming, monitoring, maintenance, and repair
■ General rodent, pest, and disease control on landscape planting and turf
■ Mowing, verticutting, and aerifying
■ General litter control, refuse removal, and grounds policing. Empty trash
receptacles.
■ 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
■ Maintenance of synthetic turf at dog park
■ Programming and monitoring of Husgvarna Auto Mower for Civic Center
turf.
c 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 abatement
■ Vandalism
■ Signage replacements
■ Damage resulting from vehicular accidents
9-19
■ Water, sewer, and electrical lines or systems, except to the extent required
in the technical specifications of the Bid Schedules
■ Trees over twelve (12) feet in height at Central Library
• 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.
■ All materials and inventories shall be made available to the City upon
request.
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.
• 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 AND EQUIPMENT REQUIREMENTS
o At minimum, Contractor shall provide one (1) part time Supervisor, one (1) full-
time irrigator/foreman and three (3) full-time laborer positions. The City reserves
the right to increase minimum staffing based upon additional acres being added
to the Contract.
o A gator or motorized cart, approved by the City, shall be supplied to the crew
working the grounds.
i
o A power washer, approved by the City, shall be supplied (and on -site) to the crew
working the grounds.
o A Gradall Forklift with pneumatic tyres (or equal), approved by the City, shall by
supplied to the crew when trimmingthe Ficus hedge next to the parking structure,
up to six (6) times per year.
• WORKMANSHIP AND SUPERVISION
o The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications expressed
within the Scope of Services. All supervisory personnel must be able to
communicate effectively in English (both orally and in writing). Any order given to
supervisory personnel shall be delivered to the Contractor. The supervisor
assigned must be identified by name to ensure coordination and continuity.
o All hours shall be made up if there are absences to the Contractor's workforce
(including sick days and vacations.) Where advanced notice is provided by the
Contractor, the Contractor shall provide replacement staffing for those absent.
o Assigned work force shall be supplied with uniforms that identify the company
and employee name. Vehicles shall be identified by company name and have
placards stating they are contracted to work for the City of Newport Beach.
• WORKING HOURS
o Normal working hours shall be no more than ten (10) hours per day between the
hours of 7:00 AM and 5:00 PM. Normal working days are Monday through Friday.
Unless otherwise specified in the Scope of Work, no Saturday or Sunday work
other than litter control and refuse collection is to be scheduled without prior
written permission from the City, unless it is an emergency situation. Without
prior written permission, no motorized equipment shall be operated before 7:00
AM or after 5:00 PM.
o For the purposes of the Scope of Work, the following Holidays shall be acceptable.
Any additional holidays requested shall be done so in advance and approved in
writing by the City.
■ Memorial Day
■ Independence Day (41h of July)
■ Labor Day
■ Thanksgiving Day
■ Christmas Day
■ New Year's Day
9-21
• 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.
o At no additional cost, the contractor shall provide five (5) annual color change -
outs of seasonal color plants per year. A minimum of 16 flats of premium 4-inch
seasonal color per change -out.
• 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/trafficops/engineering/) for use in performance
of work upon highways issued by the State of California, Department of
Transportation and as directed by City staff.
9-22
o If the Contractor fails to provide and install any of the signs or traffic control
devices required hereby or ordered by the City staff, staff may cause such signs or
traffic control devices to be placed by others, charge the costs therefore against
the Contractor, and deduct the same from the next progress payment.
o Beacon lighting visible from behind the vehicle will be installed on vehicles
working along City streets.
• DISPOSAL
o All landscape debris will be disposed of through a landscape material recycling
center or reused in some manner. The Contractor shall dispose of all cuttings,
weeds, leaves, trash, and other debris from the operation as work progresses. The
City shall not be responsible for the disposal nor the cost of disposal. Contractor
shall pay all disposal fees and provide documentation evidence of recycling to
include location, tonnage, etc. on a monthly basis to the City. Additionally, the
contractor shall provide the City green -waste, compost and mulch usage totals on
a monthly basis.
• RECORDS
o The Contractor shall keep accurate records concerning all of his/her employees or
agents. The Contractor shall provide this information in an organizational chart as
changes in staffing occur.
o The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Project Administrator. This
report should also contain a description, including staff -hours, equipment, and
materials breakdowns and costs used to accomplish any additional work which
the Contractor deems to be beyond the scope of the contract and which has been
approved by the City in accordance with the Agreement. Payment for any extra
work will not be authorized unless the additional work, and costs thereof are first
approved in writing by the City in accordance with the Agreement.
o 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.
9-23
o The Contractor shall permit the City to inspect and audit its books and records
regarding City -provided services during regular business hours.
0 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: synthetic
turf maintenance, fertilization, turf aerification, turf dethatching, seeding,
preventive and curative application of fungicide, herbicide or any required
pesticide applications, water truck operations, and plant replacements. Positions
used for specialty operations shall be in addition to those outlined in 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.
ME
o Contractor will have full responsibility for maintaining an office and a storage
facility. The Project Administrator, with prior approval, may allow one utility
vehicle to be stored in the Civic Center parking garage.
o Contractor can utilize the existing fenced storage facility in the Civic Center
parking garage, lower level.
• SCHEDULES
o Annual Schedule
■ The Contractor shall provide an annual maintenance schedule indicating
the time frames when items of work shall be accomplished per the
performance requirements.
■ The Contractor shall complete the schedule for each park and facility in a
manner which shall correspond to the weekly schedules.
The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
■ The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
o 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.
9-25
■ Failure to notify of a change and/or failure to perform an item of work on
a scheduled day may, at the City's sole discretion, result in deduction of
payment for that date, week or month.
• The Contractor shall adjust his/her schedule to compensate for all holidays
and inclement weather days. Maintenance and litter removal shall be
scheduled for all holidays and inclement weather days, unless otherwise
indicated by the City.
o Daily Schedule
■ Daily schedule shall be emailed to the Project Administrator before 8:00
AM each workday. It shall list site activities of the crews. Changes to daily
schedule can be made verbally or by email to the Project Administrator.
o Performance on Schedule
■ The Contractor has been provided the maximum latitude in establishing
work schedules which correspond to its manpower and equipment
resources. The Contractor has also been provided the opportunity and
procedure for adjusting those schedules to meet special circumstances.
Therefore, all work shall be completed on the day scheduled, as shown on
the weekly schedule.
• PERFORMANCE DURING INCLEMENT WEATHER
o During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his/her work force in order to accomplish those activities
that are not affected by weather.
o Failure to adjust the work force to show good progress on the work shall result in
deduction of payments to reflect only the work actually accomplished.
o The Contractor shall immediately notify the Project Administrator prior to
removing the work force from the job site for agreement on degree of 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.or ) (1-800-
9-26
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
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 monthly.
■ A weekly schedule indicating locations to be treated. If a restricted
pesticide is going to be used, a copy of the "Notice of Intent To Use
Restricted Materials", must be submitted twenty-four (24) hours before
application.
■ An annual proposed pesticide list including the Environmental Protection
Agency numbers and caution level of all the pesticides Contractor intends
to use for this contract, before any such use.
o A part-time Pest Control Operator will be assigned to the contract to apply all
pesticides with a State of California Qualified Applicators License.
■ 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 Add Alternative #1—Organic Pesticides
9-27
The City may choose to use organic pesticides. Typical pesticides will
include, but are not limited to: Avenger, Engage, Suppress and Scythe, or
Fiesta.
• All other above pesticide specifications will still be enforced even if the
City decides to use organic pesticides with this Add Alternative.
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
Maintenance Frequency Summary. The City shall have the right to determine
schedule days and the extent and frequency of additional as -needed services.
Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the listed facilities.
o Conduct all operations so as to provide maximum safety for the public and
minimize disruption of the public use of City parks and facilities.
o Keep all gutters, curbs, and walks adjacent to contract areas free of leaves,
weeds, trash, and other debris.
o Keep sidewalks free of algae where constant runoff occurs.
o Remove leaves, weeds, trash, and other debris from landscaped areas and
disposed of off -site.
o Clean sidewalks, roadways, and any other areas littered or soiled by Contractor
maintenance operations.
o Maintain the premises free of debris at all times. Upon completion of any work
project, the Contractor shall remove remaining excess materials, waste, rubbish,
debris, and his/her construction and installation equipment from the premises.
Any dirt or stains caused by the work shall be removed. Existing City trash
containers shall not be used for the disposal of debris collected by the
Contractor.
o Prune plant materials adjacent to roadway intersections to provide adequate
sight distance for vehicles entering the intersection.
o Prune plant materials so that all traffic control signs are clearly visible to
approaching drivers.
9-28
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 and
adhering to the City of Newport Beach Integrated Pest Management Policy. All
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, statuary, 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 Keep all concrete " V" 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.
• 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.
m
■ Failure to properly maintain drainage systems or to notify the Project
Administrator of damaged systems will result in the Contractor assuming
full responsibility for the repair of drainage damage to the facility.
o Irrigation System Maintenance
■ The Contractor shall maintain the complete sprinkler system in an
operable condition in those locations where operable systems exist. This
includes but is not limited to controllers, backflow devices, flow sensors,
master valves, manual and remote control valves, wiring, pipes, vaults,
heads, and anti -drain valves. The Contractor shall not be responsible for
the water meter assembly as he/she may cause damage to these items.
■ Repair and adjust all sprinkler heads to maintain proper and uniform water
application. The Contractor will adhere to all State, County, and local
regulations accordingly.
■ Adjust water application (both manual watering and by adjusting the
irrigation controllers) to compensate for changes in weather. Contractor
will be responsible for damages occurring due to under -watering or over -
watering.
■ Contractor shall turn off irrigation systems during rains.
■ All replacements to be made with original type material or as directed.
■ Repair or replacement of equipment damaged as a result of Contractor's
negligence shall be replaced at the Contractor's expense. Damaged grass
as a result of Contractor's negligence in the Civic Green shall be replaced
with sod.
■ 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 Standard Materials.
■ Irrigation programming charts will be included in monthly reports in
January, April, July and October.
■ Unless prior permission is granted by the Project Administrator or
designee, areas shall only be irrigated between 11:00 PM and 6:00 AM.
W X
■ 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, stream 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 hest 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 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.
9-31
■ Turf shall be regularly mechanically trimmed around sprinkler heads to
insure the proper operation of the irrigation systems.
■ 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.
■ Contractor's irrigation technician shall have a working knowledge of two -
wire systems and weather -based, central controller systems.
0 TURF MAINTENANCE
o All turf is to be mowed once per week.
o Borders shall be edged at each mowing with a gas -powered walk -behind edger.
o Clippings shall be collected and removed unless otherwise directed by the City.
o Mechanically trim around sprinklers as needed to provide proper and
unobstructed irrigation. The cutting of holes around sprinklers shall not be
permitted.
o Chemically kill turf around trees, as needed, a maximum of six (6) inches from the
tree base or as directed by the City. If a tree wound is present, then hand trimming
is required. A two (2) inch layer of bark mulch (approved by City) shall be
maintained in this area at all times.
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 Pickup all litter prior to mowing.
o Mow turf to the following height:
9-32
■ Cool season turf including Bluegrass, Perennial Rye, Fescues: one and one-
half (1 %) inches to two and one-half (2 %) inches.
• NOTE: The mow turf height should be in that range, provided that
Contractor never cut more than one-third (1/3) of the existing
height of the grass plant in one single mow.
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:
■ January: 16-6-8 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
April: 22-3-9 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
■ July: 21-3-5 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
■ October: 16-6-8 (or approved equivalent) fertilizer at one pound actual
nitrogen per 1,000 square feet.
■ 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 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.
9-33
■ Chemical control of broadleaf weeds shall be initiated as needed on all
turf.
■ The pest control operator 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; between
April 1 and May 15 and between September 1 and November 1
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
■ Apply City approved, contractor supplied, perennial rye seed mix twice per
year, at ten (10) pounds per 1,000 square feet. Contractor shall apply seed
when topdressing takes place.
■ 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.
ME
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.
o Civic Center Auto Mower
• Check mower daily to make sure it is not stuck anywhere.
■ If mower is stuck, go to the site and physically check on the mower.
■ Put a code in it to stop the alarm that goes off when someone touches it,
lifts, or rides it.
• Constantly check the phone app to make sure the mower is doing what it
is supposed to.
■ Adjust times for mower to mow at optimum times so we do not disturb
anyone that is going in and out of City hall and for any special events
occurring on the Civic green.
■ Perform miscellaneous mower duties that the City asks for.
■ Manually mow, blow, and edge top tier once a week on Monday's in the
summer and every other Monday in the winter.
■ Edge and blow the bottom three tiers once a week on Monday's in the
summer and every other Monday in the winter.
■ Manually mow the whole lawn area (all tiers) as directed by the Project
Administrator or designee.
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 fertilizer at 15 pounds per 1000 square feet for the
first two (2) applications, then 10 pounds per 1000 square feet thereafter.
Material 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.
9-35
o Control pests, including insects, fungus and rodents, as necessary to maintain a
healthy environment for plant growth.
o Bare groundcover areas shall be kept cultivated and raked of all debris.
o Bark mulch shall be replaced as needed and at the Contractor's expense, to ensure
a layer of mulch at least two (2) inches thick all times.
• SHRUB, VINE AND TREE MAINTENANCE
o Shrubs shall be maintained in a safe and reasonably trimmed appearance by
proper shaping and pruning to promote the plant's natural character.
o Quarterly trim all shrubs to maintain the size and shape specified by the Project
Administrator.
o Pruning shall be accomplished to maintain a natural appearance; decorative,
poodle cuts, or other unnatural pruning will not be permitted. Beveled edges/no
hard edges will be permitted.
o Control pests as required, including snails and insects.
o Remove all dead, diseased, or damaged branches back to a side branch. Do not
leave branch stubs.
o Areas shall be fertilized twice per year, once in April and once in September with
JTM complete fertilizer at 15 pounds per 1000 square feet for the first two (2)
applications, then 10 pounds per 1000 square feet thereafter. 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 agapanthus, daylilies, fountain grasses and other
similar plants shall be removed immediately after blooming or as directed by City.
o All bare shrub bed areas shall be raked weekly to remove all litter and other debris.
o Growth of woody plants shall be encouraged except where it interferes with
circulation, maintenance activities, roadways, drainage facilities, fence lines, or
other structures. Dead branches of plants shall be removed regularly.
o Trim plant material regularly adjacent to curbs, sidewalks, and roadways to
provide for proper, unobstructed circulation.
o Bark mulch shall be replaced as needed and at the Contractor's expense, to
ensure a layer of mulch at least two (2) inches thick all times.
o All plant material will be trimmed to protect property owners' ocean views, bay
views, vistas, etc. as needed or as directed by City staff.
o Weeds shall be removed as they appear. A pre -emergent herbicide shall be used
twice per year where appropriate around shrubs, vines and trees, and as approved
by the City.
o The Contractor is responsible for trimming all trees up to twelve (12) feet in height.
Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle
traffic and to provide clearance from buildings, signs and other similar features.
■ Remove all suckers from base of trees as they develop throughout the
year.
■ Stake and support trees as necessary. Staking and guying shall be as
directed by the City. Staking materials shall be supplied at the Contractor's
expense.
■ All tree guys, ties, and stakes shall be checked regularly to avoid girdling
and damage.
■ Contractor shall stake or otherwise support trees during inclement
weather and remove branches and other debris generated by such
weather.
■ Inspect each site for dead or dying trees, broken, cracked, or hanging
branches or other hazards. Immediately notify the Project Administrator
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 Parks &
Trees Superintendent.
9-37
■ 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, unless groundcover is present. 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 Project Administrator.
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.
o Selected areas shall be power -washed weekly or as directed by the Project
Administrator or designee.
M s
O GENERAL GROUNDS POLICING
o The Contractor shall provide general grounds policing and inspection five (5) days
per week, except general grounds policing and inspection will be six (6) days per
week from Memorial Day through Labor Day, including holidays.
o Remove all litter and other debris from sites, including the parking structure.
o Contractor shall empty trash receptacles at the Civic Center grounds and parking
structure. Bags shall be supplied by the contractor at no cost. Currently there are
21 receptacles. As the need arises, the City reserves the right to place additional
receptacles.
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 bythe 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 or power -washer
as needed.
• SYNTHETIC TURF MAINTENANCE
o These areas shall include bicycle trails, all asphalt, concrete and decomposed
granite walkways, and synthetic turf maintenance.
o Contractor will follow "K9Grass" synthetic turf maintenance guidelines
(manufacturer's guidelines included).
o All areas shall be inspected five (5) days per week, and six (6) days per week from
Memorial Day through Labor Day including holidays.
MLO
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 Contractor will be responsible for replacing "Doggie Walk Bag" brand dog bags in
the appropriate receptacles. Workers will inspect the receptacles daily and will fill
as needed. Contractor shall supply necessary bags at no cost.
o Contractor willpower rake synthetic turf six times per year.
o All broken glass and sharp objects shalt be removed immediately.
o On Monday and Thursday of each week, all areas shall be thoroughly cleaned
through the assigned power -washer.
o All hard surface and synthetic turf 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.
• NATIVE AND DROUGHT TOLERANT PARK MAINTENANCE
a Locations:
■ See provided map for native areas.
o These requirements are in addition to all of the preceding Technical Maintenance
Specifications:
18
■ 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.
■ At several times during the year, especially during the rainy season
(November — May), the Contractor will have to make sure there is
sufficient staff to accommodate manual removal of all weeds throughout
the sites. If the Contractor fails to increase staff to accommodate timely
weed removal, per specifications, the City may hire an outside Contractor
to assist in weed removal and deduct these fees from the Contractor's
monthly maintenance invoice.
9-41
MINIMUM STAFF REQUIREMENTS
Position
# of Employees
Work Performed
Required
Location(s)
Vehicle(s)
Supervisor
Part-time
Pickup Truck or
Civic Center
equal
Foreman/ Irrigation
1
Foreman duties/
One (1) fully
Civic Center
"Technician
Irrigation
stocked gator
maintenance
vehicle to be stored
onsite
Detailed Maintenance
3
Detailed
Civic Center
Worker
maintenance
9-42
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 Reward or equivalent
o Snapshot or equivalent
o Sluggo 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)
9-43
o Rain Bird 3500 (small / medium turf areas)
o Rain Bird 5000 (medium turf areas)
o Toro 570-PRXCOM with Precision Series Rotating Nozzle (slopes & groundcover
areas)
o Rainbird RWS Series (tree wells)
• CONTROLLER
o Rain Master Evolution DXi irrigation controller with flow, radio & antenna
• DRIP AND SPECIALIZED LOW -VOLUME IRRIGATION
o Rain Bird Xerigation
o Jardinier Surface Flow Irrigation
o Toro Precision Series Rotating Nozzle
• BATTERY -POWERED IRRIGATION
o Toro DDCWP Battery -Powered Controller
MISCELLANEOUS
o Febco 825Y RP Backflow Device
o Spears # DS-100 Dri-Splice Connectors with crimp sleeves
o Spears # DS-300 Dri-Splice Sealant
o Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
o Griswold DW Series Valve (Control Valve)
o Griswold DW Series Valve with DC latching solenoid (use with battery powered
controller)
o Griswold 2160 Solenoid Valve (Normally Open Master Valve)
o Griswold 2000 Solenoid Valve (Normally Closed Master Valve)
o Matco 754 Series Full Port Ball Valve
a 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
a Round Valve Box-Plastic-10"
o Control Wire- U.F. 600-Volt Direct Burial Copper with PVC Insulation.
o Rain Master EVFM Flow Sensor
"
MAINTENANCE FREQUENCY SCHEDULE
FUNCTION
FREQUENCY
Irrigation Maintenance
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
Aerate
Six times/year
Topdress Application with approved
perennial rye seed
Twice/year for Sports Fields
Vertical Mow
Once/year
Thatch Removal
Once/year
Gypsum Application
Once/year for select turf sites
Pest and Weed Control
As needed
Groundcover Maintenance
Visual Inspection
Weekly
Trim
Monthly
Fertilize
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
Twice/year - Once/year for trees —three/year for
palm trees
Hardscape Maintenance
Five days/week,
Six days/week Memorial Day through Labor Day
9-45
Grounds Policing
(Including Specialty, ParkAmenities,
Dog park)
Five days/week,
Visual Inspection
Six days/week Memorial Day through Labor Day
Five days/week,
Litter Removal
Six days/week Memorial Day through Labor Day
Specialty
Power -washing
Twice/week
Seasonal Color Replacement
Five Per Year
Synthetic Turf Grass
Inspect for debris
Daily
Power broom
Six times/year
Drinking Fountain Maintenance
Inspect
Five/week
Clean
Five/week
Adjust
Five/week
Site Inspection
Five days/week,
Six days/week Memorial Day through Labor Day
SYNTHETIC GRASS MAINTENANCE GUIDELINES
9Grass V
ForeerLawti
General Guidelines
be applied in a small test area first. Contact your local authorized
Forevertswn dealer it you have any concern regarding a specific
Congratulations on your new SDGrassi
product.
While maintenance needs with K9Grass
are much lower than with many other
surfaces, proper maintenance -.will ensure
The following is a fist of known cleaners used by ForeverLawn
many years of pet -friendly play The
K9Gress customers:
following guidelines are to assist in
• Cenneisol
deiaFm ninthe n ecessary level of
ayrne
maintenance for your installation'
K9Zyro
• Nature'e's Miracle
Grooming
• puppy Love
• Simple Soiutrors
The turf should be accasinnally groomed with a stiff bristled push
• 0dor Mute
broom or plastic grass rake. For larger areas, a power broom may
• Eliminator
be used. This wib help the blades to stand upright. Areas of heavy
•Stench and stain nigaster
traffic may require more attention than other areas,
• Ruckeye Watchdog
• Whitt, Distilled Vinegar :Waier }5096,SO%t
it is also recommended that hair build up be monitored and a hair
removal process periodically takes place. Frequency will be based
Other Guidelines
on the number of dons and the degree to which they shed. This
A brush andior sweeper should be used to remove dirt ar debris,
can be accomp&hzd with a power bruom, plastic rake, or a small
which may accumulate on the turf as a result of use. This can
rubber bristle brawn,
be accomplished with a leaf blower. leaf vacuum, grass rake, or
Periodic Cleaning
push hroern.
Since 013rasa is made of non -absorbent polyethytene fibers and
Sunflower seeds, chewng gum, tobacco prrdum or other
contains andmicrobial AiphaSank, the concerns for staining and
foreign substances should not he used on, or dropped on the
housing of odors and bacteria are minimal.
grass. tf such products get on the grass surface, they should be
j rerxaved immediaiely Frewvorks_ sparklers and other ftammab'a
Solid waste should be removed and disposed of immediately and
items can damage the grass_ These should not be used or set
soiled areas rinsed regularty. Required irequency of leaning will be
off on the grass surface,
based on multiple variables. Factors such as ttes number of dogs,
the type of use Iplay or akn inationl, trequency of rain, as well as
Use of -equipment [other than a broom, power broom, piasdo
perwnel preference should all be camsidernd_ Rinsing will remove
! rake, leaf blower or water hosel such as vacuum sweepers,
residue from the blades while moving waste through the base. A
heaters or snow blowers is acceptable, but potential damage
commercial c isin€ectant Isis; well as an optional odor neutrar¢erl
i shall be at the risk of the user Additonaity, motorized vehicles
may also be Li sad.
should be used with cautiDn. Foreveri_awn is not responsible for
damage caused by roich Equipment.
Most cleaning products are safe to use with KrJGrrss. Liow ever. any
agent that contains bleach in a solution of greater that, 1:20 should
For addrianai questions or comments regarding the care and
not be used. t(A 1:32 ratio of biaach to water is sufficient to
maintenance of year ForeverLawn. please contact your local
neutrJrze Parvo virus{, It is recommended that any deaninq product
auftrized rorevert.awn dealer_
9-4 7
REQUIRED REPORTS
• Daily
o Daily email with work assignments of crew.
• 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.
• 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, Compost, and
Mulch Usage 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.
EXHIBIT B
SCHEDULE OF BILLING RATES
Merchants Landscape Services, Inc. Page B-1 9-49
Item #
Item Code
Tye
Item Description
UOM
QTY
Unit Price
Line Total
BASE BID;
$282,000.00
1
Total Full Landscape Maintenance Monthly Cost
Monthly
12
$23,500.00
$282,000.00
On -Call Rates -Turf
$1,240.00
2
jAerify
SF 1
1000
$0.10
$100.00
3
Dethatch/Renovate
Acre
1
$5ftoo
$500.00
4
Edge
LF
1000
$0.10
$100.00
5
Fertilize
SF
1000
$0.10
$100.00
6
Gypsum Application at 25lbs
SF
1000
$0.10
$100.00
7
Maw (Reel Blade)
SF
1000
$0.20
$200.00
8
1
Mow (Rotary Blade)
SF
1000
$0.10
$100.00
9
Top Dress Only
Sr
1000
$0.04
$40.00
On -Call Rates - Hardscape
$2,000.00
10
Cleaning
SF
1000
$1.00
$1,000.00
11
Powerwashing
SF
1000
$1.001
$1,000.00
On -Call Rates - Groundcovers
1
$100.00
12 1 1
Fertilize
SF
1000
$0.10
$100.00
On -Call Rates - Pest Control
$340.00
13
General Weed Control Post Emergent
SF
1000
$o,10
$100.00
14
Pre-Emergent/Turf or Planter
SF
1000
$0.10
$100.00
15
Tree Disease/Insect Foliar Spray
Per Tree
1
$65.00
$65.00
16
Tree Disease/Insect Root Injections
Per Tree 1
1
$75.00
$75.00
On -Call Rates -Shrub Pruning/Removals
$190.00
17
1pruning
LF
10
$8.00
$80.00
18
1 Removals
LF
10
$10.00
$100.00
On -Call Rates - Full Tree Pruning/Removals
$185.00
19
Pruning
Per Tree
1
$85.00
$85.00
20
Removals
Per Tree
1 1
$100,00
$1o0.00
On -Call Rates - Planting
$2,883.00
21
1 Gal. Shrub
Each
1
$10.00
$10.0o
22
5 Gal. Shrub
Each
1
$25.00
$25.00
23
15 Gal Shrub
Each
1
$70.00
$70.00
24
15 Gal. Tree
Each
1
$125.00
$125.00
25
241n. Box Tree
Each
1
$300.00
$300.00
26
361n. Box Tree
Each
1
$850.00
$850.00
27
64 Count Flat Groundcover
Flat
1
$28.00
$28.00
28
16 Count 4 In, Flat Annual Color
Flat
1
$25.00
$25.00
29
ITurf - Seed and Top Dress
5F
1 1000
$0.10
$100.00
30
Turf - Sod
SF
1000
$1.25
$1,250.00
31
Hand -Spread and Rake -In City Supplied Seed
SF
1000
$0.10
$100.00
On -Call Rates - Labor
$302.00
32
Landscape Supervisor
HR
1
$60.00
$60.00
33
Pest Control Applicator
HR
1
$48.00
$48.00
34
Irrigation Technician
HR
1 1
$48.00
$48.00
35
Landscape Maintenance Leadworker/Driver
HR
1
$32.00
$32.00
36
Equipment Operator
HR
1
$32.00
$32.00
37
Detailed Maintenance Worker
HR
1
$30.00
$30.00
38
Tree Trimmer
HR
1
$52.00
$52.00
On -Call Rates -Equipment
$145.00
39 1
1-Ton Truck
Day
1
$145.00
$145.00
On -Call Rates- Mulching
$48.00
40 1 1
0-2 in. Mulch at 2 in. Layer
Per Yard
1
$48.00
$48.00
On -Call Rates - Greenwaste
$90.00
41 1 1
Disposal/Recycling
Ton
1
$90.00
$90.00
G
EXHIBIT C
INSURANCE REQUIREMENTS — MAiNTENANCEIREPAIRIJANITORIAL 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 and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Merchants Landscape Services, Inc. Page C-1 9-51
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. if required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5-year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
Merchants Landscape Services, inc. Page C-2 9-52
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
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Merchants Landscape Services, Inc. Page C-3 9-53
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City 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 C-4 9-54
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
Merchants Landscape Services, inc. 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 Eighty Thousand Dollars ($1,080,000.00), lawful money of
the United States of America, said sum being equal to 100% of the estimated amount
payable by the City of Newport Beach under the terms of the 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 9-55
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:
M
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 9-56
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) islare
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 9-57
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
Merchants Landscape Services, Inc. hereinafter designated as the "Principal," an
agreement for Civic Center and Park Landscape Maintenance, 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 One
Million Eighty Thousand ($1,080,000.00) lawful money of the United States of America,
said sum being equal to 100% of the estimated amount 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
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Merchants Landscape Services, Inc. Page E-1
9-58
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-
0
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
9-59
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 Iss.
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 hislherltheir 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.
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
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.
(seal)
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.
l 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 9-60