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HomeMy WebLinkAbout06 - Landscape Maintenance ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 August 9, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 644 -3055, mharmon(a)city.newport- beach.ca.us SUBJECT: Agreement for Landscape Maintenance Services with Park West Landscape Maintenance, Inc. ISSUE: Should the City approve the attached Landscape Maintenance Agreement with Park West Landscape Maintenance, Inc. in the amount of $390,315 to provide landscape maintenance for City parks and facilities and approve the attached Budget Amendment in the amount of $71,751 to fund the additional cost over the expiring contract? RECOMMENDATION: Award the attached Landscape Maintenance Agreement with Park West Landscape Maintenance, Inc. in the amount of $390,315 to provide landscape maintenance to City parks and facilities; and Approve the attached Budget Amendment in the amount of $71,751. DISCUSSION: Background: In 1997, budget constraints led to the privatization of some park and facility 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 to the Council direction, 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. Landscape Maintenance Agreement August 9, 2005 Page 2 In January 2000, CLM was purchased by TruGreen Landcare (TGL) and the two CLM contracts were assigned to TGL. The current TGL contract for park landscape and turfgrass maintenance expires August 29, 2005. In anticipation of the CLM contract expiration, staff mailed out nineteen Requests for Proposal (RFP) to qualified landscape maintenance companies for landscape maintenance of City parks and facilities. The areas described in the RFP include 91.3 acres of full park and facility maintenance in addition to 40.0 acres of park and facility turfgrass maintenance. Of the nineteen contractors who received RFPs, eight attended the mandatory pre -bid meeting and five contractors submitted bids. The bid results are as follows: Park West Landscape $390,315 /annually TruGreen Landcare $396,000 /annually Dworsky Landscape Services $473,640 /annually Pinnacle Landscape Company $506,566 /annually Mission Landscape Services $717,084 /annually The proposed maintenance agreement with Park West Landscape Maintenance, Inc. (PWL) is for a one -year term, which may 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 at any of the automatic extensions. The contract provides for an annual CPI increase, not to exceed 2.5% beginning June 1, 2007. To ensure that a high standard of service is maintained, specifications for the installation of material, the application of herbicides and fertilizers, and hardscape and landscape maintenance schedules are detailed in the proposed agreement. The agreement also contains a provision requiring minimum staffing levels and allows 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 reports of maintenance activities. Environmental Review: Not required by CEQA. Funding Availability: Funding for this contract was is included in the Fiscal Year 2005 -2006 budget, but was budgeted at the existing contract cost of $318,564. A budget amendment in the amount of $71,751 is attached to cover the increased costs of the new contract. Prepared by: Landscape Maintenance Agreement August 9, 2005 Page 3 Submitted by: _LLQL 149� 4)/- Jer y ammond, Mark Harmon, Ad inistrative Analyst Director Attachments: (1) Agreement with Park West Landscape Maintenance, Inc. to provide Landscape Maintenance of City Parks and Facilities (2) Budget Amendment CONTRACT SERVICE AGREEMENT FOR LANDSCAPE MAINTENANCE THIS AGREEMENT, entered into this _ day of August, 2005, ( "Commencement Date ") by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and Park West Landscape Maintenance, Inc. ( "Contractor"), 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. Prior to August 1997, City maintained turfgrass in City parks and facilities using its own employees and equipment. C. Subsequently, City determined it to be in the City's best economic interests that these landscaping and maintenance functions be performed by a private contractor. D. City desires to engage Contractor to provide landscaping and maintenance services to the City. E. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement, F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render landscape and maintenance services under the terms and conditions set forth in this Agreement. G. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. H. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, 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 required work for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless earlier terminated in accordance with Section 26 of this Agreement, 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 automatically be extended for four (4) additional one (I) year terms (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. 2. SCOPE OF SERVICES A. Li compliance with all terms and conditions of this Agreement, Contractor shall perform the landscape and maintenance services specifically described in, and in strict compliance with the requirements of Exhibit A (Scope of Work), which services may be referred to herein as the "services" or "work" hereunder, at the park and facility locations noted by Exhibits B and C. The services shall be performed at least as frequently as specified in Exhibit D and in compliance with the time schedule set forth in Exhibit E. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contractor services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformance with Exhibit F. Reports shall be submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices and Costs are contained in Exhibits H through J. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement by reference. B. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 1) 3. WORKMANSHIP, SUPERVISION, AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the contract services. The Contractor shall comply with all State and Federal legal requirements regulating the right to work in the United States of America to ensure that all members of the work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. B. All contract services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be performed 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 (ill 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. 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. At a minimum, Contractor shall provide, in addition to one (1) supervisor, eleven (11) full -time positions including one (1) leadworker, two (2) full -time irrigation technicians each with a fully stocked vellicle, four (4) positions to perfonn the nnowiug/tnrf maintenance, and four (4) positions to perform detailed maintenance. D. All Contractor personnel working under this Agreement shall be neat in appearance and ill ulliforms as approved by the Parks and Trees 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 and maintenance standards. F. All vehicles and equipment (mowers, etc.) used in conjunction with the work shall be in good working order and have appropriate safety guards. All vehicles shall bear the identification of the Contractor. G. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of contract services. An area 3 supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 4. LICENSES, FEES, PERMITS AND ASSESSMENTS Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 5. FURTHER RESPONSIBILITIES OF PARTIES Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 6. COMPENSATION TO CONTRACTOR City shall pay Contractor the stun of S390,315 per year ( "Contract Amount ") to perform all the work and services contemplated by and described in Exhibits A through G. 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 ". Upon the second anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Commencement Date. For example, if the adjustment is to occur effective June I, 2007, the index to be used for the numerator is the index for the month of March 2007 and the index to be used for the denominator is the index for the month of March preceding the Commencement Date. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said G Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding such adjustment. 7. 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. 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 perfmniing 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 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. S. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit F in performing contract services. Any deviation from the materials described in Exhibit F shall not be installed unless approved in advance by the City Administrator. B. Subject to the provisions of Section 9, City shall reimburse Contractor for the actual cost, plus 15 %, of all irrigation materials installed by 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 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 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. 5 9. REPAIR/REPLACEMENT A. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies 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 City's sole negligence or willful misconduct. B. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. C. 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. D. Contractor shall repair damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. E. 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. 10. FAMILIARITY WITH WORK A. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be perforned, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the site and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inforn the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. B. City and Contractor agree that City has made no representation regarding the order or condition of any area or location for which Contractor is to provide services or 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 terns of this Agreement. 6 11. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /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, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 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 attorney's 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 the Contractor. 12. 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, a policy or policies of liability insurance of the type and amounts described below and in a forim satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. 7 D. Coveraee Requirements. i. Workers' Compensation Coverag Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California; however, in no event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Covera }. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employer's liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including ally self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 0 vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional 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. 13. 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 assignment 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, or 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. 14. 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. 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 9 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. 15. 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. 16. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perforn additional landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to $500. Administrator shall provide Contractor with written authorization prior to the performance of any additional services that exceed $500. Contractor shall be compensated for additional services in accordance with the unit prices specified in Exhibits H through J. 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 in Exhibits I and J. hi the event the location is withdrawn for a period of less than a full 1 (one) year term, Contractor's compensation shall be reduced on a prorated basis. 10 17. 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. 18. WORK DEFICIENCIES AND CORRECTIONS A. Irrigation- related work deficiencies shall be corrected within twenty -four (24) hours of written notification from the City or prior to the scheduled watering; whichever is earlier. Malfunctions resulting in continuously running water shall be repaired immediately. All other work deficiencies of Contractor shall be corrected in a timeframe per the City's discretion. Written notification maybe hand delivered, e- mailed, faxed, or mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the City and request inspection of the corrective work. Deficiencies listed in the Notice of Deficiency shall not be considered as having been connected until the City has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. B. Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City (or within 24 hours in the case of irrigation- related deficiencies) may, in the Cit)?s sole discretion, result in action being taken by the City, including, but not limited to, (a) correcting the deficiency (using the Citys own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (b) deletion of site(s) from the Contract and reducing the corresponding compensation for that month; (c) contracting with another Vendor to perform the maintenance and other services required for the remainder of the term of the Contract with respect to the site where the deficiencies exist and deducting from the Contractor's total compensation under the contract any costs that City pays or becomes obligated to pay the new Contractor, including expenses City incurs over and above the monthly billing rate by the Contractor for that site; (d) terminating the agreement; and/or (e) taking any other action and exercising any other legal remedy available to the City under law. 19. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any disposal fees or other expenses. 20. PERFORMANCE BOND A. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sun of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the City Administrator. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. B. The performance bond required by this Agreement shall be satisfactory only if issued by a company qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City. 21. 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. C. This agreement shall be paid in accordance Section 1770 of the California State Labor Code and in accordance with the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said detennination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive). 22. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, Contractor, employee or applicant for employment because of 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. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 12 24. 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 Contractor's violation of this Section. 25. NOTICES All notices, 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: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Attention: General Services Director All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Park West Landscape Maintenance, Inc. Attn: Dustin Kemmerer, Director of Sales 22421 Gilberto, Suite A Rancho Santa Margarita, CA 92688 26. 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 13 period of two (2) working days, or if more than two (2) working days are reasonably 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 without cause by City 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. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach." 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 retain funds withheld until the City Administrator determines that contract services are perfonmed as well and as frequently as required by this Agreement. 27. 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 attorneys' fees shall not be recoverable by the prevailing party. 28. COMPLIANCE WITH LAW All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local govermnental agency having jurisdiction in effect at the time service is rendered. 29. 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. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of 14 whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 31. 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. 32. 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. 33. 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. 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: AS ISTANT CITY ATTORNEY 16 CITY OF NEWPORT BEACH A Municipal Corporation M Mayor John Heffernan By: /Z�, ark West Landscape List of Exhibits Exhibit A Scope of Work Exhibit B Park/Facility Maintenance Locations Exhibit C Park and Facility Turfgrass Maintenance Locations Exhibit D Maintenance Frequency Schedule Exhibit E Park and Facilities Mandatory Schedule Exhibit F Standard Materials Exhibit G Required Reports Exhibit H Unit Costs Exhibit I Bid Unit Costs (Park/Facility Maintenance Locations) Exhibit J Bid Unit Costs (Park and Facility Turfgrass Maintenance Locations) 17 EXHIBIT A Scope of Work I. INTENT The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, vigorous, and well -kept state at all times. II. DESCRIPTION OF PROJECT SCOPE OF WORK Furnish all labor, equipment, materials, and supervision to perform park 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. hriagtion repair. a. 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. 111. WORKING HOURS Normal working hours shall be within a ten -]your day between the hours of 7:00 AM and 5:00 PM, Monday through Friday, except as specified in Exhibit E or with written approval by the City Administrator. No Saturday or Sunday work is to be scheduled other than litter control and refuse collection, without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 8:00 AM nor after 5:00 PM, except as specified in Exhibit E. IV. TERM OF CONTRACT The term of this agreement shall be for a period of twelve (12) months. The City reserves the right to terminate the agreement unilaterally at any time upon thirty 18 (30) days written notice to the Contractor. Unless terminated by the City, the Agreement will be automatically renewed in one (1) year increments. In determining whether the Agreement should be tenninated, the City will evaluate the performance of the Contractor and determine whether the Contractor's performance is satisfactory. V. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest park maintenance standards, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standard. 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. VI. SUPERVISION OF CONTRACT 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 moth. 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. 19 VII. 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. VIII. CORRESPONDENCE All correspondence shall be addressed to Dan Sereno, Parks and Trees Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884. IX. 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. X. STREET CLOSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with "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. 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. XI. DISPOSAL At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in sonic 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. Pill XII. RECORDS The contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Trees 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 and which has been approved by the City in accordance with the Agreeement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved by the City in accordance with the Agreement. 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. 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 park 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 Parks and Trees Maintenance Superintendent for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services at any reasonable time. XIII. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two 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 of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. 21 XIV. 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, turf dethatching, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications and plant replacements. XV. 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. XVI. 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. XVII. SCHEDULES 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 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. 22 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 momings for City approval, prior to scheduling work for the upcoming week. 4. Changes to the schedule shall be received by the Parks and Trees 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, at the City's sole discretion, 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. 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. XVIIL Performance During Inclement Weather 1. 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. 2. 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. 23 3. The Contractor shall immediately notify the Parks and Trees Maintenance Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. XIX. 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. XX. Pesticides The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Trees Maintenance Superintendent with all of the following: 1. A copy of Contractors Orange County Agricultural Commissioners, "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 that a pesticide was used, within 24 hours of application. 4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials ", 24 hours before application. 5. A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use. 6. The Contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. 24 TECHNICAL MAINTENANCE SPECIFICATIONS I. 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 Schedule ", Exhibit D. 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 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, nebbish, 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. Prime 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. 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. 25 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 Contra ctor's operations and at other times as required. 13. Trash cans provided by the City shall be emptied as needed and washed after emptying (when necessary) or as detennined by the hispector. 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 Trees Maintenance Superintendent. 26 3. Failure to properly maintain drainage systems or to notify the Parks and Trees 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 lie /slie may cause damage to these items. a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. Tile 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 Trees 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 nor later than 6:00 AM. .j. Contractor will maintain moisture sensors at all sites at which such a unit is installed. 2. Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the system. 27 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. 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 including Bermuda grass- 3/4 to 1 1/4 inches. b. Cool season turf including bluegrass, perennial rye, fescues - 1 1/2 to 2 1/2 inches. c. 1Gkuya and St. Augustine turf - 1 1/4 to 1 3/4 inches. 28 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 Trees Maintenance Superintendent. Quantities used must be submitted to the Parks and Trees 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. 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). 29 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, or more often when conditions warrant, to insure proper operation of irrigation system. 3. 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. Use by the public 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 slu-ub 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. 30 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 enviromuent for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. h. Bark mulch should be replaced as needed. Shrub, Vine, and Tree Maintenance I. 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 Trees 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 tluougliout 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. 31 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. The Contractor is responsibility for trimming all trees up to eight (8) feet in height. Trees shall be trinuued 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 shall 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. 32 i. All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. 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 Policine L The Contractor shall provide general grounds policing and inspection six (6) days per week, except general grounds policing and inspection will be seven (7) days per week frorn Memorial Day to Labor Day. a. Remove all litter and other debris from site six days per week and seven (7) days per week from Memorial Day to Labor Day. b. If refuse or litter is not removed during site visit, said litter or debris will be considered an emergency and removed immediately upon 33 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: 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, all sand and wood chip areas shall be cleaned and raked level. Specialty /Snorts 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. 34 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. 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 of the cost thereof. 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. 35 Water Conservation Contractor shall appoint a staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements. Abilities L Meet Leine Ranch Water District Landscape Irrigation Guidelines and monthly water allocations. 2. Maintain a healthy landscape. 3. Calculate evapotranspiration (ET) rates to GPM. 4. Maintain all parks and landscape in a usable condition (no flooding due to over - -- irrigation). 5. Troubleshoot and diagnose irrigation systems and take corrective action. Requirements L The Water Manager shall program all controllers weekly according to the Irvine Ranch Water District allocation. 2. The Water Manager shall notify the Contractor or City Representative of all required repairs. 3. The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly water allocations for each meter on all streetscape and park applications. Maintain healthy plant material, and avoid monthly IRWD penalties. Damages for Water Management L Should the contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the contractor's monthly billing. 2. Deduction shall exclude all approved appeals such as mainline and control valve failures. 3. The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over allocation water billings to determine which water billing appeals are to be approved and which are to be waived. 36 4. Over- allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. 37 EXHIBIT B Park/Facility Maintenance Locations Parks I Address Acreage Arroyo Park 1411 Bayswater; Bison Ave. at Bayswater 8.0 Balboa Island Park 115 Agate Avenue 0.3 Bayside Drive Bayside Dr. between Carnation and Larkspur 4.4 Bayview Mesa Dr. re. Bayview Ave. 3.0 Begonia Begonia Ave. at First Ave. 2.1 Bob Henry 16 °i Street @ Dover Drive 4.8 Bonita Creek University Dr. « La Vida 10.0 Buffalo Hills Newport Hills Dr. East/West @ Ford Rd. 15.0 Eastbluff Vista del Oro a 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 rt El Capitan Dr. 1.4 Spyglass Hill Resevoir Muir Beach Circle 1.0 Sunset View North of PCH off of Superior Ave. 0.7 Total Park Acreage 87.6 Facilities Address Acreage Central Library 1000 Avocado Ave. 3.3 Police Department Santa Barbara Drive @ Jamboree 0.4 Total Facilities Acreage 3.7 Grand Total 91.3 W EXHIBIT C Park and Facility Turfgrass Maintenance Locations Parks Address Acreage Bolsa Bolsa Ave. @ Old Newport Blvd. 0.1 Channel Place Channel Place @ 44th St. l 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. @ 5th Ave. 2.5 Harbor View Nature San Miguel Dr. @ Pacific View Dr. I Kings Road Kings Road west of St. Andrews Road 0.1 "L" Street "L" St. @ Piazza del Sur 0.5 Las Arenas Balboa Blvd. a 16th St. 0.2 Lido Via Lido entrance to Lido Island 0.5 Mariners Dover Dr. @ Irvine Ave. 5 Newport Island Marcus @ 39th St. 0.1 Newport Shores 61 st St. @ Coast Blvd. 0.1 Oasis Passive Marguerite Ave. @ 5th Ave. 3.4 Ocean Blvd. Bluffs Ocean Blvd. from Fernleaf Ave. to Poppy Ave. I Peninsula Main St. a East Oceau Front, Balboa 3.5 Veteran's Memorial 15th St. @ Bay Ave. 0.4 Westcliff Polaris Dr. @ Westwind Way I West Jetty View Ocean Blvd. @ Channel Rd., Balboa 0.2 West Newport Seashore Dr. btwn 57th St. & Santa Ana River Jetty 4 38th Street Balboa Blvd. @ 38th St. 0.3 Total Acreage 27.9 Facility Address Acreage 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. betAveen PCH/2nd Ave. 0.1 6 Irvine Ave. @ Dover Dr. 0.1 39 Grand Total 40.0 HE Libraries: Balboa Balboa Blvd. @ Island Ave. 0.2 Corona del Mar Marigold Ave. between PCH12nd Ave. 0.1 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 Total Acreage 12.1 Grand Total 40.0 HE EXHIBIT D Maintenance Frequency Schedule FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Three times /year Vertical Mow Once /year Aerate Twice /year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Twice /year Pest and Weed control As needed Visual Inspection Weekly Shrub, Vine, and Tree Maintenance Trim Four times /year Fertilize Twice /year (once /year for trees) Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Hardscape Maintenance Each site visit/weekly min. Grounds Policing /Litter Removal Six days/ week Seven days/ week Memorial Day thru Labor Day Site Inspection Six days/ week 41 EXHIBIT E PARKS AND FACILITY AREAS Sites Requiring Mandatory Early Mowing Before 7:00 a.m. Before 9:00 a.m. Before 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 Ten-ace Park All Fire Stations Balboa Island Park All Play Areas San Joaquin Hills Park Lincoln Athletic Ctr San Miguel Park Begonia Park 42 EXHIBIT F 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: Heads Toro 570 Pop Up (small turf areas) Rain Bird 3500 (small / medium turf areas) Rain Bird 5000 (medium turf areas) Toro 2001 (large turf areas) Toro 640 (large turf areas) Toro 570 Pop Up / Shrub Adapter (small slope & groundcover areas) Toro 300 Stream Rotor (medium slope & groundcover areas) Toro XP 300 Stream Rotor (large slopes & groundcover areas) Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City of Newport Beach. Please contact Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm. Controller Rain Master Evolution DX2 irrigation controller Rain Master RME Sentar (contact city before using) Drip and specialized low - volume irrigation Rain Bird Xerigation Battery Powered Irrigation Rain Bird TBOS Battery Operated Controller Rain Bird GB Series Remote Control Valve Rain Bird Potted Latching Solenoid Miscellaneous Febco 825Y RP Rain Bird #ST -03UL Snap Tite Connectors 43 Rain Bird 4PT -55 Snap Tite Sealer Rain Bird #44 or 433 Quick Coupler Valve with Vinyl Cover Griswold DW Series Valve (Control Valve) Griswold 2160 Solenoid Valve ( Nomally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Matco 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller) Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D Round Valve Box - Plastic -10" Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor TURF FERTILIZERS, ETC.: L All commercial fertilizers must be homogenous. 2. All organic fertilizers must have lowest possible salinity rate possible. 3. No steer or chicken manure is allowed. 4. All fertilizers, planting medium, hunms material, etc. must be City approved. PLANT STOCK All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perermials, flowers, and ground covers must be approved by the Parks and Trees Maintenance Superintendent before planting. PESTICIDES All pesticides proposed to be used must be submitted to the 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. M EXHIBIT G 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. Possible Pesticide List with EPA numbers 7. Monthly Phone Log with action taken 8. Weekly irrigation inspection check list (to include controller and sire 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 45 EXHIBIT H 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 amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. FUNCTION COST /UNIT OF MEASURE TURF Turf Mow -Reel Blade $1.50 / 1000 Sq. Ft. Turf Mow - Rotary Blade $1.20/ 1000 Sq. Ft. Turf Mow and Clippings Picked Up $2.00 / 1000 Sq. Ft. Turf Edge $2.00/ 1000 Linear Ft. Turf String Trim $2.00/ 1000 Linear Ft. Turf Chemical Edge 6" Swath $3.00/ 1000 Linear Ft. Turf Chemical Edge 12" Swath $6.00/ 1000 Linear Ft. Turf Aerify $1.00/ 1000Sq.Ft. Turf Fertilize $13.00 / 1000 Sq. Ft. Turf Dethatch/Renovate $125 / Acre Turf Sweeping $2.00 / 1000 Sq. Ft. Flail Mow of Natural Areas $125 / Acre AARDSCAPE Cleaning and weed abatement $10.00 / 1000 Sq. Ft. GROUNDCOVERS Mow $20.00 / 1000 Sq. Ft Edge $20.00 / 1000 Linear Ft. Fertilize $13.00 / 1000 Sq. Ft. 46 PEST CONTROL $5 / Shrub 1 -4 Feet, Hedging $2 / Shrub Turf disease /insect spray $10 / Shrub 4 plus Feet, Hedging $4 / Shrub Boom Application $1.00 / 1000 Sq. Ft. Hand Application $10.00 / 1000 Sq. Ft. Turf Broadleaf Spray Turf -Seed and Top Dress $100 / 1000 Sq. Ft. Turf -Sod Boom Application $1.00 / 1000 Sq. Ft. Hand Application $10.00/ 1000 Sq. Ft Groundcover disease /insect spray $10.00/ 1000 Sq. Ft. Shrub disease /insect spray $10.00/ 1000 Sq. Ft. Soil Sterilant Applicant $10.00/ 1000 Sq. Ft. Turf Pre - Emergent $10.00 / 1000 Sq. Ft. Landscape Planter Weed Control $10.00/ 1000 Sq. Ft. General Weed Control Post Emergent $10.00 / 1000 Sq. Ft. SHRUB PRUNING 1 -4 Feet, Lacing $5 / Shrub 1 -4 Feet, Hedging $2 / Shrub 4 plus Feet, Lacing $10 / Shrub 4 plus Feet, Hedging $4 / Shrub TREE PRUNING Up to 8 Feet $25 / Tree PLANTING 1 Gal. Shrub $7 / Each 5 Gal. Shrub $17 / Each 15 Gal. Shrub $Bach 15 Gal. Tree with root barriers $65 / Each 24" Box Tree with root barriers $250 / Each 64 Count Flat Groundcover $18 / Flat 16 Count 4" Flat Annual Color $/Flat Turf -Seed and Top Dress $100 / 1000 Sq. Ft. Turf -Sod $100 / 1000 Sq. Ft. LABOR Landscape Maint. Laborer $17 / Hour Landscape Maint. Leadworker $20 / Hour Landscape Maint. Supervisor $35 /Hour Irrigation Specialist $30 / Hour Pest Control Applicator $35 /Hour Tree Trimmer $45 /Hour Equipment Operator Heavy Equip. $50 / Hour 47 EXHIBIT I BID UNIT COSTS Park/Facility Maintenance Locations Parks Address Cost Arroyo Park 1411 Bayswater; Bison Ave. at Bayswater Bayside Dr. between Carnation and Larkspur 23836.03 893.85 Bayside Drive Bayview Mesa Dr. @ Bayview Ave. 13109.82 Begonia Begonia Ave. at First Ave. 8938.51 Bob Henry 16ih Street @ Dover Drive 6256.96 Bonita Creek University Dr. @ La Vida 14301.62 Buffalo Hills Newport Hills Dr. East/West @ Ford Rd. 29795.04 Gateway Newport Blvd. a Via Lido 44692.56 Eastbluff Vista del Oro a Vista del Sol 41415.11 Irvine Terrace Seadrift Dr. @ Evita Dr. 20260.63 Jasmine View Harbor View Dr. a Marguerite Ave. 2979.50 Maiming Tract Newport Hills Dr. W. and Port Wheeler Pl. 8044.66 Old School Carnation Ave. @ 4th Ave. 2383.60 San Joaquin Hills San Joaquin Hills Rd. n. CroNvn Dr. 12215.97 San Miguel San Miguel Dr. @ Spyglass Hill Rd. 21750.38 Spyglass Hill Spyglass Hill Rd m El Capitan Dr. 4171.31 Spyglass Hill Resevoir Muir Beach Circle 2979.50 Sunset View North of PCH off of Superior Ave. 2085.65 Facilities Address Cost Central Library 1000 Avocado Ave. 9832.36 Police Department Santa Barbara Drive @ Jamboree 1191.80 EXHIBIT J BID UNIT COSTS Park and Facility Turfgrass Maintenance Locations Parks Address Cost Bolsa Bolsa Ave. @ Old Newport Blvd. 297.95 Channel Place Channel Place @ 44th St. 2979.50 Cliff Drive Cliff Dr. @ Riverside Dr. 4469.26 Ensign View 2501 Cliff Dr. @ El Modena Ave. 1489.75 Galaxy View Galaxy Dr. between Polaris & Mariners Dr. 2979.50 Grant Howald Iris Ave. @ 5th Ave. 7448.76 Harbor View Nature San Miguel Dr. @ Pacific View Dr. 2979.50 Kings Road Kings Road west of St. Andrews Road 297.95 "L" Street "L" St. @ Piazza del Sur 1489.75 Las Arenas Balboa Blvd. @ 16th St. 595.90 Lido Via Lido entrance to Lido Island 1489.75 Mariners Dover Dr. @ Irvine Ave. 14897.52 Newport Island Marcus @ 39th St. 297.95 Newport Shores 61st St. @ Coast Blvd. 297.95 Oasis Passive Marguerite Ave. @ 5th Ave. 10130.31 Ocean Blvd. Bluffs Ocean Blvd. from Femleaf Ave. to Poppy Ave. 2979.50 Peninsula Main St. @ East Ocean Front, Balboa 10428.26 Veteran's Memorial 15th St. @ Bay Ave. 1191.80 Westcliff Polaris Dr. @ Westwind Way 2979.50 West Jetty View Ocean Blvd. @ Channel Rd., Balboa 595.90 West Newport Seashore Dr. btwn 57th St. & Santa Ana River Jetty 11918.02 38th Street Balboa Blvd. a 38th St. 893.85 Facility I Address Cost Fire Stations: 1 Balboa Blvd. @ Island Ave. 297.95 2 32nd St. @ Villa Way 297.95 3 Santa Barbara Dr. @ Jamboree Rd. 297.95 Me 5 Marigold Ave. between PCH/2nd Ave. 297.95 6 Irvine Ave. @ Dover Dr. 297.95 Libraries: Balboa Balboa Blvd. @ Island Ave. 595.90 Corona del Mar Marigold Ave. between PCH/2nd Ave. 297.95 Miscellaneous: CdM State Beach Ocean Blvd. @ Jasmine Ave. 2979.50 City Hall 3300 Newport Blvd.@ 32nd St. 2979.50 Lincoln Athletic Center 3101 Pacific View Dr. 23836.03 Newport Pier Plaza Balboa Blvd. @ McFadden Pl. 595.90 Oasis Senior Citizens Ctr. 800 Marguerite Ave. @ 5th Ave. 2979.50 W. Nwpt Community Ctr. 883 W. 15th St. off Placentia Ave. 297.50 50 City of Newport Beach NO. BA- 06BA -007 BUDGET AMENDMENT 2005 -06 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations PX from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $71,751.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for Landscape Maintenance Services. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Signed: Signed: Signed Description General Fund - Fund Balance Description Description Number 3170 GS - Parks Number 8080 Services - Prof & Tech NOC Number Number Number Number Number Number Financial Approval: Services Director Manager City Council Approval: City Clerk Amount Debit Credit $71,751.00 Automatic $71,751.00 Date E � Da e Date