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HomeMy WebLinkAbout11 - Landscape Maintenance Service Agreements��aEWPORT O G 4 �� /FOP�� TO: FROM: SUBJECT: Mayor and City Council General Services Director Landscape Maintenance Service Agreements City Council Agenda Item No. 11 August 22, 2000 Recommendations Approve the attached service agreement with TruGreen LandCare, Inc. to provide park and turfgrass maintenance at certain City parks and facilities. Approve the assignment of the April 8, 1996 California Landscape Maintenance agreement to provide landscape maintenance of City medians and roadsides to TruGreen LandCare. Background In 1997, budget constraints led to the privatization of some park landscape and turfgrass maintenance services. In August 1997, the City entered into an agreement with California Landscape Maintenance (CLM) to provide turfgrass maintenance at certain City parks and facilities. Subsequently that same year, the City Council directed staff to privatize maintenance of all new City parks. In response, the City entered into a second agreement with CLM in September 1997 to provide park landscape and turfgrass maintenance services in all new City parks. Both CLM contracts have been renewed annually since 1998 without any increase in rates. Last January, CLM was purchased by TruGreen- ChemLawn Company, and began to operate in Newport Beach as TruGreen LandCare. Given that the two contracts will need to be renewed this fall, staff has prepared a new agreement (Attachment A), which merges the scope of work of the two existing agreements and addresses TruGreen LandCare's acquisition of CLM. A third existing agreement with CLM to provide landscape maintenance of City medians and roadsides will expire next year; however, staff is recommending that this agreement be assigned to TruGreen LandCare at this time. TruGreen has submitted written acceptance of the assignment, and agrees to comply with the terms and conditions of the current agreement (Attachment B). r.k �rniine.;i_r/.m stveH~dM, Discussion In addition to the scope of work specified in the current park/facility and turfgrass maintenance agreements, the proposed agreement includes additional service areas east of Newport Bay that are currently serviced by City staff (with the exception of 10 City parks and facilities east of the Bay which will continue to be maintained by City staff due to special service needs). The proposed agreement would provide full park maintenance services to 85 acres of City property including 19 parks, and 40 acres of turfgrass maintenance at 14 other City facilities. The extended service area results in an additional $75,000 contract fee. The additional contract costs will be paid by salary and equipment savings from the elimination of two vacant full -time positions in the Parks and Trees Division. This change was a part of the new budget and is consistent with Council direction to privatize parks maintenance through personnel attrition. The agreement is proposed for a one -year term, which will automatically renew for four consecutive years. The City may terminate the agreement with 30 days written notice at the conclusion of the initial term or any of the automatic extension periods. No annual CPI adjustment is included in the contract. To ensure that a high standard of service is maintained, specifications for the installation of material, the application of herbicides or fertilizers, the planting of landscaping materials, and hardscape and landscape maintenance schedules are detailed in the proposed agreement. The agreement, also includes a provision allowing the City to alter the frequency of maintenance when necessary. Service levels will be monitored by City supervisory staff who will also review the contractor's required weekly, monthly, and annual reports of maintenance activities. The assignment of the medians and roadsides maintenance agreement will result in no changes to the scope of work nor service area provisions of that agreement. Very respectfully, `ifs' _. : ►:____ David E. Niederhaus Attachments: (A) Agreement with TruGreen LandCare, Inc. to provide park maintenance and turfgrass maintenance at certain City parks and facilities. (B) Letter signed by TruGreen LandCare accepting the assignment of the medians and roadsides landscape maintenance agreement from California Landscape Maintenance to TruGreen LandCare. FAUeers\GSV\MEIdridgeUULY 001Counci1- CLM_SUffRepcdoc CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this day of of 2000, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City'), and TruGreen LandCare, Inc., a California Corporation ( "Contractor or TruGreen "), is made with reference to the following Recitals: RECITALS WHEREAS, prior to 1997, the City maintained City parks and facilities using its own employees and equipment. WHEREAS, due to budget constraints, in August 1997, the City contracted with California Landscape Maintenance to begin to provide turfgrass maintenance services in some City parks and facilities. In September of 1997, the City entered into another contract with California Landscape Maintenance for park landscape and turfgrass maintenance services in all new City parks. The August 1997 and September 1997 contracts have been extended annually per the terms of the contract since 1998 and were last extended in 1999. WHEREAS, in January 2000, California Landscape Maintenance was purchased by TruGreen — ChemLawn Company and recently began to operate in the City under the name of TruGreen LandCare. WHEREAS, the City Council has determined it is in the City's best interest to terminate the August 1997 and September 1997 contracts and enter into a new single contract for services with TruGreen upon the terms and conditions as set forth below. WHEREAS, TruGreen desires to enter into a new single Agreement to provide services to City and acknowledges that the City has relied upon its representations and commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. WHEREAS, TruGreen has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, common nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement NOW, THEREFORE, the Parties agree as follows: 1. TERM The Term of this Agreement shall be for a period of one (1) year. The term shall commence within ten (10) working days of City Council Approval and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall 1 automatically be extended for four (4) additional one (1) year terms (automatic extensions) with the first extension to commence upon the expiration of the initial term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any automatic extension, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. 2. CONTRACTOR DUTIES Contractor shall perform the services specifically described in, and in strict compliance with the scope of work requirements of Exhibits A and B at the park and facility locations listed in Exhibits C and D ( "Contract Services "). The Contract Services shall be performed at least as frequently as specified in Exhibit E with particular attention to the time schedule of Exhibit F. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contract Services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit G. Reports will be submitted by the Contractor in accordance with Exhibit H. Bid Unit Prices and Costs are contained in Exhibits I through K. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement. 3. WORKMANSHIP, SUPERVISION AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the Contract Services and all members of the work force shall be legally documented. B. All Contract Services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be monitored by a certified California Landscape Contractors Association Landscape Technician I (irrigation). All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, State, and Federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (in addition to irrigation and pesticide specialists) necessary to properly perform Contract Services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications by directly overseeing the contract operations. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. D. All Contractor personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Parks and Tree Maintenance Superintendent when performing Contract Services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. E. All work shall be performed in accordance with the highest landscape maintenance standards. F. All vehicles and equipment used in conjunction with the work shall be in good working order and have appropriate safety guards (mowers, etc.). All vehicles shall bear the identification of the Contractor and clearly past "serving for the City of Newport Beach." G. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. An area supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of Two hundred ninety eight thousand five hundred fifty eight dollars and eighty two cents ($298,558.82) per year. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices ". 5. City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 6. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit G in performing Contract Services. Any deviation from the materials described in Exhibit G shall not be installed unless approved in advance by the City Administrator. B. Subject to the provisions of Section 7, City shall reimburse Contractor for the actual cost, plus fifteen percent (15 %), of all materials installed by 3 Contractor in the performance of Contract Services. Actual cost shall be the best price available to Contractor including all applicable discounts. Contractor shall provide City with a schedule of typical costs of irrigation parts, plant materials and other commonly used items within thirty (30) days from the date of this Agreement. Contractor shall retain records reflecting the actual cost of parts or materials used and the performance of services required by this Agreement. C. City reserves the right to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and /or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. 7. REPAIR/REPLACEMENT A. Contractor shall advise the City Administrator (as defined in Section 13 of this agreement) of any damage to City equipment or property immediately upon becoming aware of the damage. B. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or it agents, employees, representative, or officers. C. Contractor shall repair damaged irrigation pipes, controllers, and valves only after the City Administrator has approved a written estimate of the costs of repair. D. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover,. mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 8. EXAMINATION OF WORK SITES City makes no representation regarding the order or condition of any area or location for which Contractor is to provide services. City has also made no representation that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of the Agreement. U 9. HOLD HARMLESS A. Contractor assumes all risk in any way related to the performance of Contract Services. Contractor agrees to indemnify, defend, save and hold harmless City, its elected and appointed boards and commissions, officers, agents, and employees from and against any loss, damages, liability, claims, costs, expenses or damages, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from, or in any way related to, the performance of Contract Services required by this Agreement, provided, however, Contractor's obligation in this regard shall not apply in the event of the sole negligence, fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to Contractor in the performance of services under this Agreement. C. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control of Contractor, Contractor shall not be relieved of its obligation to defend, indemnify, and hold City and its officers, employees and representative harmless, by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City. 10. INSURANCE A. In addition to Contractor's obligation to defend, indemnify, and hold City harmless, Contractor shall obtain and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Insurance policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to performing any Contract Services. B. Prior to the commencement of work, Contractor shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements. At the 5 option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class A -7 or better carriers: 1. Worker's Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and one million dollars ($1,000,000) per accident Employers' Liability; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury; and property damage. If the policy contains a general aggregate limit, then the aggregate limit shall not be less than two million dollars ($2,000,000); 3. Commercial auto liability and property insurance covering all owned and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage; D. Endorsements to the policies providing the above insurance shall be obtained by Contractor, adding the following three provisions: 1. Additional Insured: "The City of Newport Beach and its elected and appointed boards, officers, agents, and employees as additional insured." 2. Notice: "The policy shall not terminate, nor shall it be canceled or the coverage reduced, until thirty (30) days after written notice is given to City." 3. Other Insurance: "Any other insurance maintained by the City of Newport Beach shall be excess and not contributing with the insurance provided by this policy." E. Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of this Agreement. Contractor shall also procure and maintain, at its own cost and expense, D any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and performance of Contract Services. F. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor, a waiver of any right of subrogation which any such insurer of Contractor may acquire against City by virtue of the payment of any loss under insurance. 11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignments are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of Contract Services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of Contract Services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 12. RECORDS /REPORTS A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. 7 D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within ten (10) days after the end of each month. Irrigation programming schedules will be submitted monthly. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service and a description of the action taken from the City call. E. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his/her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 14. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional turfgrass maintenance or landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to five hundred dollars ($500). B. City reserves the right to withdraw certain park or facility locations from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the scope of services, compensation to Contractor shall be reduced in accordance with the bid unit costs specified 51 in Exhibits J and K. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 15. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 16. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any disposal fees or other expenses unless authorized in writing by City Administrator. 17. LABOR AND PERFORMANCE BONDS Contractor shall furnish, concurrently with the effective date of this Agreement, a bond or other instrument satisfactory to the Administrator in an amount equal to fifteen thousand dollars ($15,000) as security for the Faithful Performance of this Agreement. 18. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 19. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, consultant, employee or applicant for employment based on race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 21. CONFLICTS OF INTEREST A. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractors violation of this Section. 22. NOTICES All notice, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: General Services Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 -8915 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: TruGreen LandCare, Inc. 1150 West Trenton Avenue Orange, CA, 92867 10 23. TERMINATION /DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonable required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this Agreement by giving written notice of termination. B. This Agreement may be terminated at anytime, without cause by City or Contractor, upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for Contract Services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and /or Contractor fails to satisfactorily perform Contract Services. City shall have the right to return funds withheld until the City Administrator determines that Contract Services are performed as well as frequently as required by this Agreement. 24. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party. 25. COMPLIANCE Contractor represents that it is familiar, and shall comply, with all state, federal, or local laws, rules, ordinance, statutes or regulations applicable to the performance of Contract Services. 11 26. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 27. INTEGRATED CONTRACT The August 1997 and September 1997 agreements are terminated as of the effective date of this Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: LaVonne Harkless, City Clerk AP D AS TO FORM: RoOhT.Wauson, Assistant City Attorney F:\cat\users\sharedAgkTruGreen.doc da\07 -25.00 lilj CITY OF NEWPORT BEACH A Municipal Corporation 0 TruGreen LandCare, INC. TitleL� LIST OF EXHIBITS Exhibit A Scope of Work — Park/Facility Maintenance Exhibit B Scope of Work — Park/Facility Turfgrass Maintenance Exhibit C Park/Facility Maintenance Locations Exhibit D Park/Facility Turfgrass Maintenance Locations Exhibit E Maintenance Frequency Summary Exhibit F Park and Facility Areas Exhibit G Standard Materials Exhibit H Reports Exhibit I Bid Unit Prices Exhibit J Bid Unit Costs — Park/Facility Maintenance Exhibit K Bid Unit Costs — Park/Facility Turfgrass Maintenance EXHIBIT A TECHNICAL MAINTENANCE SPECIFICATIONS FOR CONTRACT MAINTENANCE OF CITY PARKS AND FACILITIES SCOPE OF WORK L GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS 1. All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the "Maintenance Frequency Summary ", Exhibit E. The City shall have the right to determine schedule days and the extent and frequency of additional "as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed facilities. 2. All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public use of City facilities. 3. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds, trash, and other debris. 4. Contractor will keep sidewalks free of algae where constant runoff occurs. 5. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off -site. 6. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by his maintenance operations. 7. The Contractor shall maintain the premises clean of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used by the Contractor for his debris. 8. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. 9. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. 10. Contractor must notify the City immediately of any unusual and hazardous conditions in the work site. 1 of 1 I EXHIBIT A 11. Contractor must notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of City facilities. 12. All insects and other like pests shall be controlled by the Contractor. Any control measures should be approved first by the Parks and Tree Maintenance Superintendent with written recommendations from the Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. 13. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. 14. All broken glass and sharp objects shall be removed immediately. 15. All areas, benches, picnic tables, and associated park amenities shall be inspected daily and maintained in a neat, clean and safe condition at all times. 16. All play and sports equipment shall be inspected for vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing immediately to the City. 17. All sand and wood chip areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 18. Trash cans provided by the City shall be emptied as needed and washed after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. 19. All concrete "V" drains, to include the portion under the sidewalk, shall be kept free of vegetation, debris and algae to allow unrestricted water flow. 20. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to the City. 21. All barbecue grills shall be emptied of all ashes once per week. II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS Drainage Facilities 1. All drainage structures shall be checked and cleaned monthly or as needed to insure consistent unrestricted water flow. 2. Any damage to structures shall be noted immediately to the Parks and Tree Maintenance Superintendent. 2of11 EXHIBIT A 3. Failure to properly maintain drainage systems or to notify the Parks and Tree Maintenance Superintendent of damaged systems will result in the contractor assuming full responsibility for the repair of drainage damage to the facility. Irrigation System Maintenance 1. The Contractor- shall maintain the complete sprinkler system in an operable condition in those locations where operable systems exist. This includes but is not limited to controllers, backflow devices, moisture sensors, manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter assembly except as he /she may cause damage to these items. a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. b. Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for damages occurring due to under - watering or over - watering. c. Contractor must turn off irrigation systems during rains. d. All replacements to be made with original type material or as directed. e. Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. f. Material substitutions must be approved by the Parks and Tree Maintenance Superintendent. g. Necessary irrigation repairs shall be made prior to the next scheduled irrigation cycle. All repairs shall be made in accordance with City of Newport Beach standard irrigation specifications. h. Irrigation programming charts will be included in each monthly report. i. Areas that require irrigation will have such accomplished no earlier than 11:00 PM or later than 6:00 AM. j. Contractor will maintain moisture sensors at all sites at which moisture sensors are installed. 3ofII EXHIBIT A 2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the system. 3. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions. Such inspection shall be made weekly June through September and bi- weekly October through May. However, the contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur or are needed. Turf Maintenance 1. All turf is to be mowed once per week in the growing season, or as needed to maintain the height specified below: a. Frequency or mowing shall be scheduled so that no more than one -third (1/3) the height of the grass plant is removed. b. Borders shall be edged at each mowing. c. Clippings shall be collected and removed unless otherwise directed by the City. d. Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted. e. Chemically kill turf around trees, as needed, a maximum of six inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A 2" layer of bark mulch shall be maintained in this area. f. Mechanically trim around vaults, posts, and other similar features on a weekly basis. g. Mowing equipment shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. h. Pick up all litter prior to mowing. 2. Mow turf to the following heights: a. Warm season turf's including Bermuda grass- 3/4 to 1 1/4 inches. b. Cool season turf's including bluegrass, perennial rye, fescues - 1 1/2 to 2 1/2 inches. 4of11 EXHIBIT A c. Kikuya and St. Augustine turf's - 1 1/4 to 13/4 inches. 3. Vertical mowing of warm season grasses shall be done once per year in October, permitting sufficient time for turf regeneration. a. Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. b. Cool season grasses shall be renovated to remove thatch annually as directed. 4. All turf shall be fertilized three times per year using a homogenous, pellet or granular slow release material. City must approve the material used. Apply at the following rates and time: a. February: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. b. June: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. c. October: 16 -4 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. d. Material shall be applied using a rotary type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed. e. The Contractor shall perform a soil fertility analysis at individual parks as directed by the City in the month of December and review the analysis with the City representative in the month of January. f. All materials must be approved by the Parks and Tree Maintenance Superintendent. Quantities used must be submitted to the Parks and Tree Maintenance Superintendent on a "Monthly Fertilizer Use Report." 5. Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a. Turf areas must be maintained in a weed -free basis b. Chemical control of broadleaf weeds shall be initiated as needed on all turf. 5 of11 EXHIBIT A 6. Aerate all turf areas as often as required (minimum of twice per year; between April 1 and May 15 and between September 1 and November 1). a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more than 6" spacing and a minimum depth of 4 ". b. Remove and dispose all cores. c. Contractor is responsible for locating and marking all sprinkler components. 7. Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. a. Irrigation must be scheduled to avoid either under - watering or over - watering. b. Manually water where necessary. c. Check operation of irrigation weekly June through September and biweekly October through May, or more often when conditions warrant, to insure proper operation of irrigation system. 8. Control all rodent pests as necessary to provide a healthy and safe environment for plants and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs, Correct as necessary. 10. Scheduling of mowing and turf care maintenance times will be approved by the City. Attention to public use will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. Ground Cover Maintenance 1. All ground cover areas shall be maintained in a trimmed, weed free condition. a. Weeds shall be removed as they appear. A pre- emergent herbicide may be used where appropriate in shrub and ground cover beds. b. Morning glory and grass infestations shall be treated immediately when observed. c. Groundcover areas shall be fertilized twice per year, once in April and once in September with the approved 12 -4 -6 slow - release turf fertilizer, at a rate of 2 pounds actual fertilizer per 1,000 square feet. 6of11 EXHIBIT A d. Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants. Growth retardants may be used as approved by the City. e. Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. f Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. It. Bark mulch should be replaced as needed. Shrub. Vine. and Tree Maintenance 1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. a. Quarterly trim all shrubs to maintain the size and shape specified by the Parks and Tree Maintenance Superintendent. b. Pruning shall be accomplished to maintain a "natural" appearance; decorative, poodle cuts or other unnatural pruning will not be permitted. c. Control pests as required, including snails and insects. d. Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. e. Application of an iron chelate fertilizer or balanced fertilizer shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. f. Irrigate as required to maintain adequate growth and appearance. Manually water where necessary. g. Careful attention not to prune or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants such as raphiolepsis, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, morea, and other similar plants shall be removed immediately after blooming or as directed by City. h. All bare shrub bed areas shall be raked weekly to remove all litter and other debris. 7ofII EXHIBIT A i. Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures. Dead branches of plants shall be removed regularly. j. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. k. Bark mulch should be replaced as necessary. 1. All plant material will be trimmed to protect property owners ocean views, bay views, vistas, etc. as needed or as directed by City staff. 2. Contract responsibility covers trimming all trees up to eight (8) feet. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. a. Remove all suckers from base of trees as they develop throughout the year. b. Stake and support trees as necessary. Staking and guying shall be as directed by the City. c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. d. Contractor to stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. e. Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Parks and Tree Superintendent if any of the above conditions exists. f Except for emergency removal, no tree /shrub shall be removed without prior direction or approval of the City. Trees /shrubs badly damaged and in need of replacement shall be brought to the attention of the Parks and Tree Superintendent. g. Water as required to maintain proper and vigorous growth according to variety. Manual water where necessary. h. Tree wells shall be maintained with 2" of bark mulch unless ground cover is present. Weeds shall be removed, including their roots, before they reach 3" in height. i. All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. 8of11 EXHIBIT A 3. Complete pruning, heading back, lacing out, or removal will only be done at the direction of the City and at the prescribed unit price. All such pruning shall be made in accordance with current International Society of Arboricultural techniques and practices that promote the natural character of the tree. 4. All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions. Hardscape Maintenance 1. During each site visit, concrete (including stamped concrete) and asphalt areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios shall be checked and cleaned. a. All expansion joints and cracks are to be maintained free of weeds. b. Dirt, litter, and other debris must be removed on a weekly basis. c. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks and Tree Maintenance Superintendent. 2. Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. General Grounds Policing 1. The Contractor shall provide general grounds policing and inspection six days per week. a. Remove all litter and other debris from site six days per week. b. If refuse or litter is not removed during site visit, said litter or debris will be considered an emergency and removed immediately upon notification by the City. Failure of said removal may result in deduction of payment for that date or week. c. Provide safety and facility inspection and immediately report any deficiencies to the Parks and Tree Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: 9 oftt EXHIBIT A 1. Light standards and fixtures 2. Walls, fences, gates 3. Signage 4. Graffiti Sand/Wood Chip Areas: 1. These areas shall include tot lots, play areas, volleyball courts, etc. a. All areas shall be maintained weed free. b. During the first week in April, June, August, October, December and February, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. c. Sand and wood chips shall be replenished as necessary to maintain optimum level in each area, and final level shall be determined by the City for each area. Replacement sand shall be at least equivalent to washed plaster sand and approved by the City (standard designation of rock product suppliers to denote a type and cleanliness of sand). All additional sand or wood chips that are added shall be at the contractor's expense. d. Six days per week week, all sand and wood chip areas shall be cleaned and raked level. Specialty /Sports Areas 1. General: (Applies to all hardscape maintenance areas) a. These areas shall include tennis courts, handball courts, basketball courts, bicycle trails, all asphalt, concrete and decompossed granite walkway. b. All areas shall be swept six days per week if necessary, to remove all deposits of silt and/or sand and glass. c. On Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. d. All hard surface areas shall be inspected six days per week for uplifts and/or tripping hazards. All uplifts and/or tripping hazards shall be barricaded immediately and the City notified verbally within two (2) hours and by written memo within twenty -four (24) hours. e. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. 10 of 11 EXHIBIT A f. All broken glass and sharp objects shall be removed immediately. g. All areas shall be inspected six days per week and maintained in a neat, clean and safe condition at all times. h. All areas shall be raked to remove leaves and debris six days per week. i. All play and sports equipment within hardscape areas shall be inspected for vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing immediately to the City j. All leaves, paper and debris shall be removed from hardscape areas and disposed of off site. Drinking Fountains: 1. Inspect, clean, adjust six days per week. 2. Report any deficiencies to the City immediately in writing Disposal At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the City by 30 days after the end of each calendar quarter. 11 of 11 EXHIBIT B Specifications for Contract of Turfgrass Maintenance of City Parks and Facilities SCOPE OF WORK The contractor shall provide the following services and meet the following specifications: 1. SCOPE OF WORK Furnish all labor, equipment, materials, and supervision to perform turfgrass maintenance as described herein including, but not limited to, the following: 1. Turfgrass weed eradication and control both mechanically and with chemicals. 2. Fertilizing. 3. Irrigation repair. 4. General pest control. 5. Mowing, verticutting, and aerifying. 6. General litter control, refuse removal, and grounds policing. 7. Hardscape cleaning. 8. Removal of all grass clippings from site as directed by the City. 2. WORKING HOURS Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City, unless it is an emergency situation or the result of a normal holiday. No motorized equipment shall be operated before 8:00 AM nor after 5:00 PM., unless specified in Attachment F. 3. LEVEL OF MAINTENANCE A. All work shall be performed in accordance with the highest turfgrass maintenance standard, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. B. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with I of 10 EXHIBIT B specifications set forth within this document and providing no other arrangements have been made between the Contractor and the and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standard. C. The Contractor is required to correct deficiencies within the time specified by the City. If noted• deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. If an area is not mowed or edged as scheduled, payment will be withheld for the maintenance cost of the specific areas that were not maintained. 4. SUPERVISION OF CONTRACT A. All work shall meet with the approval of the City of Newport Beach General Services Department. There shall be a minimum of a weekly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first of said month. B. 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. 5. SPECIFICATIONS These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. 6. CORRESPONDENCE All correspondence shall be addressed to David E. Niederhaus, General Services Director, General Services Department, City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 -3884. 7. PROVISIONS FOR EXTRAS No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. 2of10 EXHIBIT B 8. STREET CLOSURES, DETOURS, BARRICADES A. Warning signs, lights, and devices shall be installed and displayed in conformity with the "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. B. 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. 9. DISPOSAL At least 50% of all landscape debris will be disposed of through a landscape material recycling center or roused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. 10. RECORDS A. The contractor shall keep accurate records concerning all of Ms/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. B. The Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Tree Maintenance Superintendent. This report should also contain a description, including man - hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. A uhone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of NeyTort Beach Police Department to the Contractor, whether or not those calls require a request for service, and a description of the action taken from the City call. C. The Contractor shall, within fifteen (15) days of the effective date of an executed agreement;, prepare and submit a written annual maintenance calendar to the Parks and Tree Maintenance Superintendent. This maintenance calendar shall clearly indicate all of the turfgrass maintenance tasks required by this agreement and the months of t e year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Parks and Tree Maintenance Superintendent for approval prior to the date the change 3 are to take effect. D. The Contractor shall permit the City to inspect and audit its books and records regarding City provided services only at any reasonable time. 3of10 EXHIBIT B 11. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who may be contacted by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. The Contractor representatives shell respond to said emergency within thirty (30) minutes from receiving notification. 12. SPECIALTY OPERATIONS . Written notification of all "specialty type" maintenance operations shall be given to the City forty -eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: fertilization, turf aerification, tur dethatching, seeding, preventive and curative application of turf fungicide, herbicide or any required pesticide applications and plant replacements. 13. LANDSCAPE LICENSE The Contractor shall hold a valid and current California C -27 License and submit a copy thereof. The Contractor must be licensed as a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor. The name and permit number will be supplied to the City at the beginning of contract, and any changes forwarded within twenty -four (24) hours of said change. 14. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. 15. SCHEDULES A. Annual Schedule 1. The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. The Contractor shall complete the schedule for each park and facility and in a manner which shall correspond to the weekly schedules. 3. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. 4of10 EXHIBIT B B. Weekly Schedule 1. Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 2. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. 4. Changes to the schedule shall be received by the Parks and Tree Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. 5. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week. 6. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. C. Performance on Schedule 1. 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. 5of10 EXHIBIT B 16. PERFORMANCE DURING INCLEMENT WEATHER A. 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. B. 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. C. The Contractor shall immediately notify the Parks and Tree Maintenance Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. 17. UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Parks and Tree Maintenance Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48 hours before commencing any excavation, to locate underground service lines. 18. PESTICIDES A. The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Tree Maintenance Superintendent with all of the following: 1. A copy of Contractor's Orange County Agricultural Commissioner, "Restricted Materials Permit /Operator I.D. numbers ". 2. A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. 3. A "Pesticide Use Daily Record" for any site at which a pesticide was used, within 24 hours of application. 4. If a restricted pesticide is proposed to be used, a copy of the "Notice of Intent To Use Restricted Materials ", 24 hours before application. 5. A list of Environmental Protection Agency numbers and Material Safety Data Sheets of 0 the pesticides Contractor intends to use for this contract, prior to such use. 6. The contractor shall not use any pesticide that has not been authorized by the Park and Tree Maintenance Superintendent. 6of10 EXHIBIT B 19. TECHNICAL MAINTENANCE SPECIFICATIONS A. GENERAL TURFGRASS MAINTENANCE REQUIREMENTS 1. All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the "Maintenance Frequency Summary" (Exhibit E). 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 parks and facilities. 2. All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public use of City parks and facilities. 3. Leaves, paper, broken glass, and any other debris will be removed from turfgrass areas prior to mowing and disposed of off -site. 4. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by his maintenance operations. 5. The Contractor shall maintain the premises clean of debris at 0 times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used by the Contractor. 6. Contractor must notify the City immediately of any unusual and hazardous conditions in the work site. 7. Contractor must notify City within one (1) hour of facilities or conditions that may break, malfunction, or interrupt the public's use of City parks and facilities. 8. All insects and other like pests shall be controlled by the Contractor. Any control measures should be approved first by the Parks and 'free Maintenance Superintendent with written recommendations from the Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. 9. Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. 10. All repairs or replacements to be made with original type material or as directed. 11. Material substitutions must be approved by the Parks and Tree Maintenance Superintendent. 7of10 EXHIBIT B 12. Necessary irrigation repairs shall be made within 24 hours. All repairs shall be made in accordance with City of Newport Beach standard irrigation specifications. 13. Turf shall be regularly mechanically trimmed using line trimmers around sprinkler heads to insure the proper operation of the system. B. TURF MAINTENANCE A mowing schedule of all areas shall be provided to the City by the Contractor. 2. All areas will be mowed not less than once a week during the warm season of March I through November 30 and once every two weeks during the cool season of December I through February 28. AU sports turf areas and City Hall are to be mowed weekly, 52 times per year. Fescue, Kikuya, Perennial Rye and Bluegrass turfgrasses shall be mowed using a rotary mower at a cutting height of 2 " -2 1 /2 ". Bermuda turf shall be mowed using a reel mower, at a cutting height of 1/2" - 3/4 ". Mowing height shall be as directed by the City. 3. Clippings shall be collected and removed at end of each mowing unless otherwise directed by the City. Mulching mowers may be acceptable if approved by City prior to mowing of a particular site(s) 4. Mechanically, trim growth using line trimmers from around all trees, valve boxes, lamp posts, drains and other permanent structures located in the turf at each site mowing. fine trimmers shall be used to keep the turf at approximately the height as mowers, except around sprinkler heads and valve boxes where the turf should not be trimmed to below 1/2". The contractor shall be liable for any damage caused to trees as a result of use of line trimmers. 5. Mowing equipment shall be sharp and properly adjusted to avoid damage to the turf grass. Pick up all litter from turfgrass areas prior to mowing. 7. Vertical mowing of turfgrass shall be done once per year in October. Sports fields will be done in July, or as directed by City. 8. Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The amount of dethatching shall be determined by City. 9. All thatch and debris shall be removed and disposed of at the end of each day. 8of10 EXHIBIT B 10. All turf shall be fertilized three times per year using a homogenous, pelletor granular slow release material. City must approve the material used. Apply at the following rates and time: a. February: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. b. June: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. c. October: 16 -8 -6 fertilizer at one pound actual nitrogen per 1,000 square feet. d. Material shall be applied using a rotary type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed. e. The Contractor shall perform a soil fertility analysis at Contractors expense at 12 individual parks and/or facilities as directed by the City in the month of December and review the analysis with the City representative in the month of January. f All materials must be approved by the Parks and Tree Maintenance Superintendent. Quantities used must be submitted to the Parks and Tree Maintenance Superintendent on a "Monthly Fertilizer Use Report." 11. Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a. Turf areas must be maintained in a weed -free basis. b. Chemical control of broad leaf weeds shall be initiated as needed on all turf. 12. Aerate all turf areas twice per year; once in April and again in October. a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more than 6" spacing and a minimum depth of 4 ". b. Remove and dispose of all cores. c. Contractor is responsible for locating and marking all sprinkler components prior to aeration operations. 13. Visually check all turf areas on a weekly basis for pests, fertility, irrigation, damage, or other problems. Correct or advise the City immediately. 14. Scheduling of mowing and turf care maintenance times will be approved by the City. Attention to public use will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. 9of10 EXHIBIT B C. HARDSCAPE MAINTENANCE After each mowing or maintenance activity all hardscape will be cleaned. 2. Vacuums, blowers, sweepers.or other approved means may be used to clean hardscape areas. AU blowers shall be operated in a manner so as to not disturb residents or visitors. However, debris shall not under any circumstance be blown or otherwise swept onto adiacent streets or property. All debris must be nicked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. D. GENERAL GROUNDS POLICING 1. Refuse or litter shall be removed prior to mowing operations. Failure of said removal may result in deduction of payment for that date or week. 10 of 10 EXHIBIT C Park/Facility Maintenance LOCATIONS PARK JADDRESS ACREAGE Balboa Island 115 Agate Ave., Balboa Island 0.3 Ba side Drive Ba side Dr. between Carnation and Larkspur 4.4 Bayview Mesa Dr. Ba view Ave. 3.0 Begonia Begonia Ave. at First Ave. 2.1 Bob Henry 16th Street @ Dover Drive 4.8 Bonita Creek University Dr. @ La Vida 10.0 Buffalo Hills Newport Hills Dr. East/West @ Ford Rd. 15.0 Castaways 16th Street Dover Drive 5.0 Gateway Newport Blvd. @ Via Lido 0.4 Eastbluff Vista Del Oro @ Vista Del Sol 13.9 Irvine Terrace Seadrift Dr. @ Evita Dr. 6.8 Jasmine View Harbor View Dr. @ Marguerite Ave. 1.0 Manning Tract Newport Hills Dr. W. and Port Wheeler Pl. 2.7 Old School Carnation Ave. 4th Ave. 0.8 San Joaquin Hills San Joaquin Hills Rd. Crown Dr. 4.1 San Miguel San Miguel Dr. Spyglass Hill Rd. 7.3 Spyglass Hill Spyglass Hill Rd El Ca itan Dr. 1.4 Spyglass Hill Resevoir Muir Beach Circle 1.0 Sunset View North of PCH off of Superior Ave. 0.7 SUBTOTAL 84.7 FACILITIES JADDRESS JACREAGE Police Department I Santa Barbara Drive @ Jamboree Road 1 0.4 SUBTOTAL 0.4 GRAND TOTAL 85.1 1 of 1 EXHIBIT D Turfgrass Maintenance Park/Facility Locations Parks jAddress lAcreage Bolsa Bolsa Ave. @ Old Newport Blvd. 0.1 Channel Place Channel Place @ 44th St. 1 Cliff Drive Cliff Dr. @ Riverside Dr. 1.5 Ensign View 2501 Cliff Dr. @ El Modena Ave. 0.5 Galaxy View Galaxy Dr. between Polaris & Mariners Dr. 1 Grant Howald Iris Ave. P 5th Ave. 2.5 Harbor View Nature San Miguel Dr. @ Pacific View Dr. 1 Kings Road Kings Road west of St. Andrews Road 0.1 "L" Street "L" St. @ Del Sur 0.5 Las Arenas Balboa Blvd. @ 16th St. 0.2 Lido Via Lido entrance to Lido Island 0.5 Mariners Dover Dr. P Irvine Ave. 5 INewport Island Marcus @ 39th St. 0.1 INewport Shores 61 st St. @ Coast Blvd. 0.1 Oasis Passive Marguerite Ave. @ 5th Ave. 3.4 Ocean Blvd. Bluffs Femleaf Ave. to Poppy Ave. 1 Peninsula Main St. @ Oceanfront, Balboa 3.5 Veteran's Memorial 15th St. @ Bay Ave. 0.4 Westcliff Polaris Dr. @ Westwind Way 1 West Jetty View Ocean Blvd. @ Channel Rd., Balboa 0.2 West Newport Seashore Dr. Between 57th St. & River Je!_q 4 38th Street Balboa Blvd. @ 38th St. 0.3 SUBTOTAL 27.9 1 of 2 EXHIBIT D Turfgrass Maintenance Park/Facility Locations Fire Stations: 1 Balboa Blvd. @ Island Ave. 0.1 2 32nd St. @ Villa Way 0.1 3 Santa Barbara Dr. @ Jamboree Rd. 0.1 5 Marigold Ave. between PCH/2nd Ave. 0.1 6 Irvine Ave. @ Dover Dr. 0.1 SUBTOTAL 0.5 Libraries: Balboa Balboa Blvd. @ Island Ave. 1 0.2 Corona del Mar IMarigold Ave. between PCH/2nd Ave. 1 0.1 SUBTOTAL 0.3 Miscellaneous: CdM State Beach Ocean Blvd. @ Jasmine Ave. 1 City Hall 3300 Newport Blvd.@ 32nd St. 1 Lincoln Athletic Center 3101 Pacific View Dr. 8 Newport Pier Plaza Balboa Blvd. @ McFadden Pl. 0.2 Oasis Senior Citizens Ctr. 800 Marguerite Ave. @ 5th Ave. 1 W. Nwpt Community Ctr. 883 W. 15th St. off Placentia Ave. 0.1 SUBTOTAL 11.3 GRAND TOTAL 40 Zof 2 EXHIBIT E MAINTENANCE FREQUENCY SUMMARY FUNCTION IFREQUENCY Irrigation Inspection lWeekly Turf Maintenance Mowing Every week, March thru November Every Two weeks, December thru February Sports Fields and City Hall Weekly throughout the year Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize 3 /year Vertical Mow 1 /year Aerate 2 /year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Twice a year Pest and Weed control As needed Visual Inspection Weekly Shrub, Vine, and Tree Maintenance Trim 4 /year Fertilize Twice a year (once /year for trees) Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Hardsca a Maintenance Each site visit/weekly min. Grounds Policing/Litter Removal Six days per week Site -Inspection Six days per week 1 of 1 EXHIBIT F PARK AND FACILITY AREAS Sites Requiring Mandatory Early Mowing loft Before 7:00 a.m. lBefore 9:00 a.m. lBefore 10:00 a.m. City Hall 38th St. Park Las Arenas Park Newport Pier Plaza Peninsula Park Oasis Senior Citizens Ctr West Jetty View State Beach W. Newport Park Ocean Blvd. Bluffs Ensign View Park All Libraries Irvine Terrace Park All Fire Stations Balboa Island Park All Play Areas San Joaquin Hills Park Lincoln Athletic Ctr San Miguel Park Begonia Park loft EXHIBIT G STANDARD MATERIALS All material used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance Superintendent. STANDARD MATERIAL LIST: 1. Febco 825Y RP 2. Rainbird #ST -03UL Snap Tile Connectors 3. Rainbird #PT -55 Snap Tite Sealer 4. Toro Series Sprinklers 5. Griswald DW Series Elect. Valve 6. Rainmaster Evolution DX2 7. Rainmaster EVMV 2 way master valve 8. Rainmaster EVFM Flow sensor 9. Rainmaster EV -SEN ADJ moisture sensor 10. Matco 754 Series Full Port Ball Valve 11. Class 200 PVC Lateral Pipe 12. Class 315 PVC Main Supply Pipe 1 %z" and Larger 13. Schedule 40 PVC Main Supply Pipe 1 %4" and Smaller 14. Rectangular Valve Box - Plastic -18 "L x 12 "Deep 15. Round Valve Box — Plastic — 10" 16. Rainbird #44 Quick Coupling Valve with Vinyl Cover 17. Control Wire: AWG, U.F. 600 -Volt Direct Burial Copper with PVC Insulation 18. Head model to be selected by the City a. Toro 570 Pop Up b. Toro 300 Series Stream Rotor -Pop Up c. Toro XP 300 Series — Pop Up d. Toro 640 Series — Turf Head e. Toro 500 Series Shrub Flood Bubbler f. Toro 2001 Turf Rotor g. Toro V1550 TURF FERTILIZERS, ETC: 1. All commercial fertilizers must be homogenous. 2. All organic fertilizers must have lowest salinity rate possible 3. No steer nor chicken manure is allowed. 4. All fertilizers, planting medium, humus material, etc. must be City approved. 1 oft EXHIBIT G PLANTSTOCK All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Park and Tree Maintenance Superintendent before planting. All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All State, County, and City laws regarding pesticide use and disposal must be followed. 2 of 2 EXHIBIT H REQUIRED REPORTS 1. Annual Maintenance Schedule 2. Weekly Maintenance Schedule 3. Weekly Performance Report 4. Monthly Chemical Use Report (as sent to County Agriculture Commission) 5. Monthly Fertilizer Use Report 6. Proposed Pesticide List with EPA numbers 7. Monthly Phone Log with action taken 8. Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required) 9. Monthly irrigation controller programming charts 10. Extra work approval list 11. Weekly maintenance inspection list for all sites 12. Manual irrigation schedule 13. Annual pesticide safety training records 14. Required tailgate safety meeting records 15. Monthly maintenance report 16. Monthly greenwaste recycling report Iof1 EXHIBIT I UNIT PRICES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the construction documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the Contractor. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or the amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the contact and exhibits. FUNCTION COST /UNIT OF MEASURE TURF Turf Mow -Reel Blade $2.25/1000 Sq. Ft. Turf Mow -Rotary Blade $1.5011000 Sq. Ft. Turf Mow and Clippings Picked Up $1.65/1000 Sq. Ft. Turf Edge $2.50/1000 Linear Ft. Turf String Trim $3.25/1000 Linear Ft. Turf Chemical Edge 6" Swath $7.00/1000 Linear Ft. Turf Chemical Edge 12" Swath $14.00/1000 Linear Ft. Turf Aerify $2.30 /1000Sq.Ft. Turf Fertilize $2.10/1000 Sq. Ft. Turf Dethatch/Renovate $150.00 /Acre Turf Sweeping $5.1511000 Sq. Ft. Flail Mow of Natural Areas $140.00 /Acre HARDSCAPE Cleaning and weed abatement $6.50/1000 Sq. Ft. GROUNDCOVERS Mow $2.25/1000 Sq. Ft Edge $2.60/1000 Linear Ft. Fertilize $2.75/1000 Sq. Ft. 1 of2 EXHIBIT I PEST CONTROL Turf disease /insect spray $22.89/1000 Sq. F. Boom Application $10.5011000 Sq. Ft. Hand Application $19.50/1000 Sq. Ft. Turf Broadleaf Spray Up to 8 Feet $20.00 /Tree Boom Application $10.00 /1000 Sq. Ft. Hand Application $19.00/1000 Sq. Ft Groundcover disease /insect spray $19.50/1000 Sq. Ft. Shrub disease /insect spray $21.00/1000 Sq. Ft. Soil Sterilant Applicant $22.50/1000 Sq. Ft. Turf Pre-Emergent $6.50/1000 Sq. Ft. Landscape Planter Weed Control $18.25/1000 Sq. Ft. General Weed Control Post Emergent $18.25/1000 Sq. Ft. SHRUB PRUNING 1 -4 Feet, Lacing $4.25 /Shrub 1 -4 Feet, Hedging $3.90 /Shrub 4 plus Feet, Lacing $6.25 /Shrub 4 plus Feet, Hedging $5.50 /Shrub TREE PRUNING $19.50/Hour Up to 8 Feet $20.00 /Tree PLANTING $19.50/Hour 1 Gal. Shrub /Tree $5.00 /Each 5 Gal. Shrub $16.00 /Each 5 Gal. Tree $30.00 /Each 15 Gal. Shrub $50.00 /Each 24" Box Tree $175.00 /Each 64 Count Flat Groundcover $15.00/Flat Turf -Seed and Top Dress $.38/1000 Sq. Ft. Turf -Sod $.65/1000 Sq. Ft. LABOR Landscape Maint. Laborer $10.00/Hour Landscape Maint. Leadworker $12.00/Hour Landscape Maint. Supervisor $17.00/Hour Irrigation Specialist $19.50/Hour Pest Control Applicator $19.50/Hour Tree Trimmer $19.50/Hour Equipment Operator $48.35/Hour 2of2 EXHIBIT J Park/Facility Maintenance BID UNIT COSTS Area Unit Cost Balboa Island $686.28 Ba side Drive $10,784.40 Ba iew $7,353.00 Begonia $5,147.10 Bob Henry $11,764.80 Bonita Creek $24,510.00 Buffalo Hills $36,765.00 Castaways $12,255.00 Gateway $980.40 Eastbluff $34,068.90 Irvine Terrace $16,740.33 Jasmine View $2,451.00 Manning Tract $6,617.70 Old School $1,960.80 San Joaquin Hills $9,951.06 San Miguel $17,941.32 Spyglass Hill $3,480.42 Spyglass Hill Resevoir $2,451.00 Sunset View $1,712.27 SUBTOTAL $207,620.78 Area Unit Cost ,Police Department $4,166.70 SUBTOTAL $4,166.70 GRAND TOTAL $211,787.48 loft EXHIBIT K Turfgrass Maintenance BID UNIT COSTS Area Unit Cost Bolsa $216.92 Channel Place $2,169.28 Cliff Drive $3,253.93 Ensign View $1,084.64 Galaxy View $2,169.28 Grant Howald $5,423.22 Harbor View Nature $2,169.28 Kings Road $216.92 "L" Street $1,084.64 Las Arenas $433.85 Lido $1,084.64 Mariners $10,846.44 Newport Island $216.92 Newport Shores $216.92 Oasis Passive $7,375.57 Ocean Blvd. Bluffs $2,169.28 Peninsula $7,592.50 Veteran's Memorial $867.77 Westcliff $2,169.28 West Jetty View $433.85 West Newport $8,677.15 38th Street $650.78 SUBTOTAL $60,523.06 Iof2 EXHIBIT K Turfgrass Maintenance BID UNIT COSTS 111119UNFwk-roli 1 :: Area Unit Cost Fire Stations: 1 $216.92 2 $216.92 3 $216.92 5 $216.92 6 $216.92 Libraries: Balboa $433.85 Corona del Mar $216.92 Miscellaneous: CdM State Beach $2,169.28 City Hall $2,169.28 Lincoln Athletic Center $17,354.30 Newport Pier Plaza $433.85 Oasis Senior Citizens Ctr. $2,169.28 W. N t Community Ctr. $216.92 SUBTOTAL $26,248.28 GRAND TOTAL $86,771.34 2 of 2 TOGREEN LandCare =M Mr. David E. Niederhaus, Director. General Services Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Dear Mr. Niederhaus, 1150 W.'ftenton Avenue Orange, CA 92868 714 -288 -5955 FAX: 714 -288 -5950 Contractor's License #774548 August 7,2000 On April 8, 1996, California Landscape Maintenance (CLM) entered into an agreement with the City of Newport Beach to provide landscape maintenance of City medians and roadside areas ("Agreement'). The Agreement has renewed annually since 1996, and is currently in its fourth year. The purpose of this letter is to inform the City of Newport Beach that CLM was purchased by TruGreen- ChemLawn Company on August 28,1998. As of August 28, 1998, CLM's operations merged with those of TruGreen- ChemLawn and began to operate in the City of Newport Beach under the name of TruGreen Landcare. CLM no longer exists as a separate business entity. Therefore, please assign the Agreement dated April 8,1996 to TruGreen Landcare. By Signing this letter, TruGreen Landcare accepts the assignment of the Agreement from CLM to TruGreen Lancare and will comply with all the terms and conditions of the Agreement. You may contact Howard Mees at (714) 363 -0065 if you have any questions regarding this letter. Sin erely, CA 0 rA, Howard Mees Regional Manager Attachment B RE,E,