HomeMy WebLinkAbout6 - Landscape Maintenance in Newport CoastCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
September 25, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 - 644 -3055
m h armo n (a)city. newaort- beach.ca. us
SUBJECT: Agreement with Park West Landscape Maintenance, Inc. for
the Landscape Maintenance of Public Areas in Newport
Coast
ISSUES:
Should the City Council enter into a two -year agreement with Park West Landscape
Maintenance, Inc. to provide landscape maintenance services in the Newport Coast
section of the City, and fund the increase over the previous contract for the
remainder of the fiscal year?
RECOMMENDATION:
Approve a two -year agreement with Paris West Landscape Maintenance, Inc., of
Rancho Santa Margarita for the landscape maintenance of 94.75 acres at a cost of
$495,277.50 per year and
Approve a budget amendment in the amount of $72,272 to fund the increase in cost
over the expiring contract for the remainder of the fiscal year.
DISCUSSION:
At its September 14 meeting, the City Council authorized General Services
Department staff to negotiate with Park West Landscape Maintenance, Inc. (PWLM)
for the maintenance of the landscape areas under City responsibility in the Newport
Coast area. Paris West had the lowest cost of the three proposals received in an
RFP process, and has been providing excellent service for the City in the Newport
Coast area since 2002.
Agreement with Park West Landscape Maintenance, Inc. for the
Landscape Maintenance of Public Areas in Newport Coast
September 25, 2007
Page 2
Following Council authorization, staff met with Park West staff and negotiated the
following changes to the company's proposal:
o Minimum manpower — The RFP document required firms to submit cost
information based upon a minimum of 12 employees. This condition was
included to insure one firm is not cutting its price by trimming the amount of
labor necessary to perform the job. Park West proposed to change the
manpower requirement to 11 personnel from November to April, and 13 from
May through October. Staff concurred with this change, as it will provide
additional labor during the heaviest growing season
o PWLM agreed to perform the labor for irrigation repairs due to accidents or
vandalism free of charge, if the work is performed during normal operating
hours. The City will pay the cost of irrigation parts, and labor for any
emergency work required at night or on weekends and holidays. Previously,
the City could be charged labor for any irrigation repairs that occurred due to
accidents or vandalism.
o Park West will furnish a staff member to attend the monthly inspection with a
City representative and a representative from the Newport Coast Master
Association. Park West staff currently attend the inspections, but this
requirement is memorialized in the agreement.
o Park West will furnish and install up. to 20 flats of accent plants per year. This
is work that normally is an extra charge in the contract, and it will allow for
planting at various locations as the need arises.
These changes have been included in the attached agreement. This agreement
does not include tree maintenance services; Newport Coast trees are pruned under
the existing City contract with West Coast Arborists.
FUNDING:
PWLM's new cost is $9,034 more per month than under their current agreement.
The increase in cost is due to a number of factors. First, this agreement provides for
maintenance of the landscape at the newly opened Newport Coast Community
Center. Additionally, the agreement includes an increase in the cost to maintain the
five native areas added in 2005, and also accounts for miscellaneous cost increases
(labor, fuel, insurance, equipment etc.) over the past five years, since the previous
agreement did not include any CPI increase.
Consequently, staff is requesting a budget amendment in the amount of $72,272 to
fund the difference over the eight months of the fiscal year for which this contract will
be in force (November 1, 2007 through June 30, 2008).
Agreement with Park West Landscape Maintenance, Inc. for the
Landscape Maintenance of Public Areas in Newport Coast
September 25, 2007
Page 3
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
Prepared by:
Mike Pisani
Deputy General Services Director
Attachment: Proposed Agreement
Submitted
Mark Harmon
General Services Director
Exhibit A
SCOPE OF WORK
Tire
City desires that Contractor provide full and complete contract landscape
maintenance services at all locations specified in Exhibit B, and that such
sites be kept in a healthy, vigorous, and well -kept state at all times.
II. DESCRIPTION OF PROJECT
Contractor shall furnish all labor, equipment, materials, and supervision to
perform landscape maintenance as described herein including, but not
limited to, the following:
1.. Weeding, cultivating and brush control both mechanically and with
chemicals.
2. Fertilizing.
3. Shrub and groundcover trimming, pruning, training:
4. Minor tree pruning and staking.
5. Irrigation programming, monitoring, maintenance, and repair.
6. General rodent, pest and disease control on landscape planting
and turf.
7. Mowing, verticutting, and aerifying.
8. General litter control, refuse removal, and grounds policing.
9. Plant replacement.
10. Hardscape cleaning.
11. Access roadway clearance and visibility maintenance.
12. General drainage structure and system maintenance.
13. Playground and sport area monitoring, cleanliness and safety.
14. Drinking fountain maintenance.
15. Exterior building monitoring and reporting for vandalism, graffiti, or
any safety concerns.
16. Bench, table, barbecue, bleacher, shade structure monitoring,
cleanliness, safety and maintenance.
17. Pruning trees under 8 feet in height.
18. California native landscape maintenance.
It shall NOT be the Contractor's responsibility to maintain or repair.
1. Area lighting systems
2. Fencing
3. Gates
4. Any building located at the specified site
5. Graffiti
6. Vandalism
7. Signage
8. Damage resulting from vehicular accidents.
9. Water, sewer, and electrical lines or systems, except to the extent
required in the technical specifications of the Bid Schedules.
10. Trees over 8 feet in height.
III. WORKING HOURS
Normal working hours shall be within a ten -hour day between the hours of
7:00 a.m. and 5:00 p.m., Monday through Friday. No Saturday or Sunday
work is to be scheduled other than litter control and refuse, without
permission from the City, unless it is an emergency situation. No
motorized equipment shall be operated before 8:00 a.m. or after 5:00 p.m.
IV. TERM OF CONTRACT
The term of this agreement shall be for a period of two (2) years with a
City option for three (3) one (1) year extensions. The City reserves the
right to terminate the agreement unilaterally at any time upon thirty (30)
r,
days written notice to the Contractor. This contract can be renewed in one
year increments by mutual agreement, based upon an evaluation of
performance of the maintenance contractor with a determination of
satisfactory performance by the City.
If negotiations are still in progress at the end of any one -year term
previously agreed upon, City and Contractor will continue performance as
required herein on a month -to -month basis at the previously agreed upon
basis until either a new agreement is entered into or the City terminates
the relationship in accordance with the provisions contained in the above
paragraph. During such period of month -to -month operation while
negotiations are in progress, the Contractor shall be obligated to continue
performance for at least sixty (60) days after written notice to the City of its
decision to terminate the relationship and the City shall be obligated to
give consideration to the Contractor for such additional performance at the
usual rate of payment as provided herein.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest landscape
maintenance standards, as stated in the maintenance specifications
attached hereto. 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 result in deduction of payment for that date,
week or month. Payment will be retained for worts 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's
General Services Department. There shall be a minimum of a weekly
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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
each month.
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 the condition is corrected in a satisfactory manner as set forth
in the specifications.
VII. ADDITIONAL TERMS
Contractor:and City have agreed to the following additional terms:
A. Contractor shall furnish and install up to 20 flats of accent plants per
year, at locations to be determined by City.
B. Contractor shall be allowed to alter the manpower requirement set
forth in Paragraph 3 of the Agreement to allow Contractor to assign 11
employees to perform the work required hereunder from the beginning
of November through the end of April, and 13 employees from the
beginning of May through the end of October. This change is intended
to provide additional labor during the heaviest growing season.
C. Contractor shall perform the labor for irrigation repairs due to accidents
or vandalism free of charge, if the work is performed during normal
operating hours. City shall reimburse Contractor for the irrigation
parts, and will pay any labor costs for such emergency work required
at night or on weekends and holidays.
D. Contractor shall furnish a staff member to attend the monthly
inspection performed by representatives of the Newport Coast Master
Association.
VIII. CORRESPONDENCE
All correspondence shall be addressed to Dan P. 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
written 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
that 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 Califomia,
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 some manner. The
Contractor shall dispose of all cuttings, weeds, leaves, trash, and other
debris from the operation as work progresses. The City shall not be
responsible for the disposal. Contractor shall pay all disposal fees and
provide documentation evidence of recycling to include location, tonnage,
etc. on a monthly basis to the City.
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.
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. Under ordinary conditions,
payment for this work will not be authorized unless the additional work,
and costs thereof, are first approved in writing by the City.
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 Trees Maintenance Superintendent. This
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maintenance calendar shall clearly indicate all of the landscape
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 only 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.
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, mulching,
addition of sand or wood chips to tot lots, play areas or volleyball
courts, seeding, preventive and curative application of fungicide,
herbicide or any required pesticide applications and plant
replacements.
Positions used for all specialty operations shall be in addition to those
positions outlined on page 10, section K1.
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. A licensed Pest Control Operator
must be provided to apply all restricted chemical materials.
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XVI. CONTRACTOR'S OFFICE
Contractor is required to maintain an office sufficiently close to the job site
to allow a one (1) hour response time 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
A. Annual Schedule
Contractor shall provide an annual maintenance schedule
indicating the time frames when items of work shall be
accomplished per the performance requirements.
2. Contractor shall complete the schedule for each site 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. Contractor shall submit revised schedules when actual
performance differs substantially from planned performance.
B. Weekly Schedule
Weekly schedule forms shall be provided by the Contractor
indicating the major items of work to be performed in
accordance with the performance requirements and further
delineate the time frames for accomplishment by day of the
week and by morning and afternoon.
2. Contractor shall complete the schedule for each item of
work and each area of work.
3. The initial schedule shall be submitted one week prior to the
effective date of the contract. Thereafter, it shall be
submitted weekly on Thursday mornings for City approval,
prior to scheduling work for the upcoming week.
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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 result in
deduction of payment for that date or week.
6. Contractor shall adjust his /her schedule to compensate for
all holidays and rainy days. Maintenance and litter removal
shall be scheduled for all holidays and rainy days, unless
otherwise indicated by the City.
C. Performance on Schedule
Contractor has been provided the maximum latitude in establishing
work schedules that 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.
XVIII. Performance Durina Inclement Weather
A. During the periods when inclement weather hinders normal
operations, the Contractor shall adjust his/her work force in order
to accomplish those activities that are not affected by the weather.
B. Failure to adjust the work force to show good progress on the work
shall result in deduction of payments to reflect only the work
actually accomplished.
C. The Contractor shall immediately notify the Parks and 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 Trees Maintenance Superintendent and
Underground Service Alert (1- 800 - 422 -4133) 48 hours before
commencing any excavation, to locate underground service lines.
P
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:
A. A copy of Contractors Orange County Agricultural Commissioner's
"Restricted Materials Permit(Operator I.D. numbers ".
B. A written "Pest Control Recommendation" for each site before
Contractor uses any pesticide.
C. A "Pesticide Use Daily Record" for any site that a pesticide was used,
within 24 hours of application.
D. If a restricted pesticide is going to be used, a copy of the "Notice of
Intent to Use Restricted Materials ", 24 hours before application.
E. 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.
F. Contractor shall not use any pesticide that has not been authorized by
the Parks and Trees Maintenance Superintendent.
G. Pest Control Operator will be assigned to contract to apply restricted
materials.
XX. Specifications
The specifications set forth herein 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.
E
SCOPE OF WORK
TECHNICAL MAINTENANCE SPECIFICATIONS
I. GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
All maintenance functions shall be performed in accordance with the
following specifications and at the frequencies indicated, unless otherwise
indicated in the "Maintenance Frequency Summary," which is attached as
Exhibit C. 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.
1. All operations will be conducted so as to provide maximum safety
for the public and minimize disruption of the public use of City
sites.
2. Contractor will keep all gutters, curbs, and walks adjacent to
contract areas free of weeds, trash, and other debris.
3. Contractor will keep sidewalks free of algae where constant runoff
occurs.
4. Leaves, paper, weeds, and any other debris will be removed from
landscaped areas and disposed of off -site.
5. Contractor will clean sidewalks, roadways, and any other areas
littered or soiled by its maintenance operations.
6. Contractor shall maintain all areas clean of debris at all times.
Upon completion of any work project, the Contractor shall remove
remaining excess materials, waste, rubbish, debris, and its
construction and installation equipment from the area. Any dirt or
stains caused by the work shall be removed. Existing City trash
containers shall not be used by the Contractor for its debris.
7. Prune plant materials adjacent to roadway intersections to provide
adequate sight distance for vehicles entering the intersection.
8. Prune plant materials so that all traffic control signs are clearly
visible to approaching drivers.
9. Contractor must notify the City immediately of any unusual and
hazardous conditions it discovers on City property.
10. 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.
11. All insects, plant, turf diseases and other like pests shall be
controlled by the Contractor. Any control measures should be
approved first by the Parks and Trees Maintenance Superintendent
with written recommendations from the Contractors Pest Control
Advisor. All rodent activity shall be eradicated as soon as possible.
Particular attention to burrowing rodents is necessary to protect the
site.
12. All animal feces or other materials detrimental to human health
shall be removed from the park areas immediately.
13. All broken glass and sharp objects shall be removed immediately.
14. 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.
15. 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.
16. All sand and wood chip areas abutting maintained areas shall be
cleaned when dirtied by Contractors operations and at other times
as required.
17. Trash cans provided by the City shall be inspected daily and
emptied as needed and washed after emptying (when necessary)
or as determined by the Inspector. Contractor shall provide plastic
liners for all trash cans at Contractors expense.
18. All concrete W" drains, to include the portion under the sidewalk,
shall be kept free of vegetation, debris and algae to allow
unrestricted water flow.
19. 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.
20. All barbecue grills shall be emptied of all ashes once per week.
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II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
A. Drainage Facilities
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 immediately reported to
the Parks and Trees Maintenance Superintendent.
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.
B. Irrigation System Maintenance
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, master valves, flow sensors, moisture
sensors, manual and remote control valves, wiring, pipes,
vaults, heads, and anti -drain valves. Contractor shall not
be responsible for the water meter assembly except as
he/she may cause damage to these items.
Repair and adjust all sprinkler heads to maintain
proper and uniform water application. The Contractor
will adhere to all State, County, and local regulations
accordingly.
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 rain.
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.
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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 or later than
6:00 AM.
j. Contractor will maintain moisture sensors at all sites at
which such a unit is installed. '
k. Test all master valves and flow sensors and make all
necessary repairs weekly.
2. Turf shall be regularly mechanically trimmed around
sprinkler heads to insure the proper operation of the
system.
3. Irrigation systems shall be thoroughly inspected by
operating all control valves and checking for proper
coverage, leaks, valve actuation, proper timing, and other
operational conditions. Such inspection shall be made
weekly June through September and bi- weekly October
through May. However, 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.
C. Turf Maintenance
1. All turf is to be mowed once per week in the growing
season, or as needed to maintain the height specked
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.
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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 grass —3/4 to 1 '/< inches. Bermuda
grass — % to 3/4 .
b. Cool season turf grass, including bluegrass, perennial rye,
fescues —1 % to 2 % inches.
c. Kikuya and St. Augustine turf grass — 1 % to 1 % inches.
3. Vertical mowing of warm season grasses shall be done once
per year in March.
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.
c. Seed and topdress all turf areas following vertical mowing
with City approved materials.
iCl
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: 22 -3-9 fertilizer at one pound actual nitrogen
per 1,000 square feet.
b. June: 21 -3 -5 fertilizer at one pound actual nitrogen per
1,000 square feet.
c. October: 16 -6 -8 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.
f. Contractor shall perform a soil fertility analysis at
individual sites as directed by the City in the month of
December and review the analysis with the City
representative in the month of January.
g. 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).
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 ".
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b. Remove and dispose of all cores.
c. Contractor is responsible for locating and marking all
sprinkler components.
d. Topdress with approved topdress material (for sports
fields only).
7. Irrigate as necessary to maintain proper growth rate, optimum
appearance, and the health of the turf plant.
a. Irrigation must be scheduled to avoid either under -
watering or over - watering.
b. Manually water where necessary.
c. Check operation of irrigation weekly June through
September and biweekly October through May, or more
often when conditions warrant, to insure proper
operation of irrigation system.
8. Control all rodent pests as necessary to provide a healthy and
safe environment for plants and public.
9. Visually check all turf areas on a weekly basis for pest,
fertility, irrigation, damage, and other needs, correct as
necessary.
10. Scheduling of mowing and turf care maintenance times will be
approved by the City. Attention to public use will dictate
schedules, and noise levels will be kept to an acceptable
minimum at all times.
D. Planter / 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 will be used where appropriate in shrub and
ground cover beds, but not in a California native
landscape areas. No hoeing or scuffing weeds allowed.
Chemically control or manually remove them by the roots.
b. Morning glory and grass infestations shall be treated
immediately when observed.
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c. Groundcover areas shall be fertilized three times per year,
once in March with approved 9 -9 -9 and iron, once in July
with ammonium sulfate 21 -0 -0, and once in October with
approved 16 -6 -8 slow release fertilizer, at a rate of 2
pounds actual fertilizer per 1,000 square feet.
d. Trim and edge as necessary to restrict growth from
encroaching on sidewalks, curbs, turf areas, roadways, or
other adjacent areas and plants. Growth retardants may
be used as approved by the City.
e. Irrigate as required to maintain adequate growth and
reasonable appearance. Manually water where
necessary.
f. Control pests, including insects, fungus and rodents, as
necessary to maintain a healthy environment for plant
growth.
g. Ban: ground cover areas shall be kept cultivated and raked
of all debris.
h. Bark mulch should be replaced in all planters to ensure a 2
inch layer at all times at Contractor expense.
E. Shrub. Vine, and Tree Maintenance
1. Shrubs shall be maintained in a safe and reasonably trimmed
appearance by proper shaping and pruning to promote the
plant's natural character. Contractor shall:
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.
17
e. Application of an iron chelate fertilizer or balanced
fertilizer shall be made per specifications under
groundcover maintenance (1c), and as needed
throughout the year to maintain a healthy, vigorous
growth and foliage.
f. Irrigate as required to maintain adequate growth and
appearance. Manually water where necessary.
g. Careful attention not to prune or trim shrubs prior to
blooming shall be made. At the conclusion of
blooming of plants such as raphiolepsis, all blooms
shall be trimmed off or otherwise removed. Flower
stalks on agapanthus, day lilies, morea, and other
similar plants shall be removed immediately after
blooming or as directed by City.
h. All bare shrub bed areas shall be raked weekly to
remove all litter and other debris.
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 in all planters to
ensure a 2 inch layer at all times at contractor's
expense.
I. All plant material will be trimmed to protect property
owners' ocean views, bay views, vistas, etc. as
needed or as directed by City staff.
2. Contract responsibility covers trimming all trees up to eight (8)
feet. Trees shall be trimmed as necessary to maintain
adequate pedestrian and vehicle traffic and to provide
clearance from buildings, signs and other similar features.
a. Remove all suckers from base of trees as they
develop throughout the year.
r%3
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 ginning and damage. Trees
damaged from guys/ties, being left on too long will be
replaced at contractor's expense.
d. Contractor to stake or otherwise support trees during
inclement weather and remove branches and other
debris generated by such weather.
e. Inspect each site for dead or dying trees, broken,
cracked, or hanging branches or other hazards.
Immediately notify the Parks and Trees
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 Trees 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.
L All trees shall be fertilized once per year with tree
fertilizer spikes approved by the City.
j. Check bubblers to native oak trees regularly. Manual
water where necessary.
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
19
the parent limb, without cutting into the branch collar or
leaving a stub, so that closure can readily start under normal
conditions.
F. Hardscape Maintenance
1. During each site visit, concrete (including stamped concrete)
and asphalt areas, including turn pocket fingers, driveways,
parking areas, sidewalks, and 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 Trees 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.
G. General Grounds Policing
1. The Contractor shall provide general grounds policing and
inspection six days per week.
a. Remove all litter and other debris from site six days per
week.
b. If refuse or litter is not removed during site visit, said
litter or debris will be considered an emergency and
removed immediately upon notification by the City.
Failure of said removal may result in deduction of
payment for that date or week.
c. Provide safety and facility inspection and immediately report
any deficiencies to the Parks and Trees Maintenance
Superintendent. Contractor shall be responsible to report
20
below standard conditions of all structures and fixtures,
including but riot limited to:
1. Light standards and fixtures
2. Walls, fences, gates
3. Signage
4. Graffiti
H. Sand/Wood Chia Plav 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.
I. Specialty /Sports Areas
1. General: (Applies to all hardscape maintenance areas)
a. These areas shall include 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 sift and /or sand and glass.
c. On Thursday of each week, all areas shall be thoroughly
cleaned by sweeping or flushing with water.
21
J.
K.
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. 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.
22
L. 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:
1. Abilities
a) Meet Irvine Ranch Water District Landscape Irrigation
Guidelines and monthly water allocations.
b) Maintain a healthy landscape.
c) Calculate evapotranspiration (ET) rates to GPM.
d) Maintain all parks and landscape in a usable condition
(no flooding due to over - irrigation).
e) Troubleshoot and diagnose irrigation systems and take
corrective action.
2. Requirements
a) The Water Manager shall program all controllers weekly
according to the Irvine Ranch Water District allocation.
b) The Water Manager shall notify the Contractor or City
Representative of all required repairs.
c) 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.
3. Damages for Water Management
a) 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.
b) Deduction shall exclude all approved appeals such as
mainline and control valve failures.
c) The City's Representative shall meet monthly with the
Contractor's Representative and the Contractor's Water
Manager to review over allocation water billing to
23
determine which water billing appeals are to be approved
and which are to be waived.
d) Over - allocations that do not qualify for appeal or have not
been waived will be deducted from the Contractors
monthly payment.
M. Native and Drought Tolerant Park Maintenance
These requirements are in addition to the above written Technical
Maintenance Specifications:
1. All native and drought tolerant plant material at specified sites
will be maintained in their natural shape. All dead wood for
natives will remain on the plant or where it has fallen.
2. The areas shall be maintained weed free. Only manual
pulling or mechanical cultivation of non - native weed species
will be allowed. Use of pre - emergent herbicides are
prohibited in these areas.
3. The Contractor's maintenance personnel will be trained to
distinguish weedy plant species from native or drought
tolerant vegetation to ensure that only weedy species are
removed.
4. All weeds will be removed manually before they can attain a
height of six inches (6 °) or produce seeds, whichever comes
first.
5. Pulled weeds will be placed in a "mantilla" to prevent the
seeds from coming in contact with the ground and removed
from the project site during maintenance.
6. Leaf and branch drop and organic debris from native species
shall be left in place.
7. At several times during the year, especially during the
rainy season (November — May), the contractor will have
to make sure there is sufficient staff to accommodate
manual removal of all weeds throughout the sites.
8. The staffing necessary to accomplish the above weeding,
shall not delay maintenance frequencies in other areas
(i.e. turf, groundcover, and shrub maintenance).
P
Exhibit B
LOCATIONS /ACREAGE
LOCATIONS /ACREAGE
Newport Coast Master (67.38 Acres)
• Newport Coast Medians and Parkways (8.16 Acres)
• Newport Coast Evergreen Slope (59.22 Acres)
Newport Ridge (10.62 Acres Including Fire Station)
• Newport Ridge Medians and Parkways (4.72 Acres)
• Fire Station 8 (0.79 Acres)
• Newport Ridge Evergreen Slope (5.11 Acres)
Nature Park Sites (14.08 Acres)
■ Nature Parks and 10' Areas (14.08 Acres)
Newport Coast Community Center (2.67 Acres)
■ Community Center (2.67 Acres)
Exhibit C
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— including seeding and topdress
Aerate
Twice /year
Pest and Weed Control
As needed
Visual Inspection
Weekly
Ground Cover Maintenance
Trim
Monthly
Fertilize
Three times per year
Pest and Weed control
As needed
Visual Inspection
Weekly
Pre-emergent herbicide
Three times per year
Shrub, Vine, and Tree Maintenance
Trim
Four times/year
Fertilize
Three times per year (ohce/year for trees)
Restake /Check
Each site visit/every two weeks min.
Visual Inspection
Weekly
Pre-emergent herbicide
Three times per year
Hardscape Maintenance
Each site visit/weekly min.
Grounds Policing/Litter Removal
Six days/ week
Site Inspection
Six days/ week
Exhibit D
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:
Sprinkler Heads
Toro 570 Pop Up (small turf areas)
Rain Bird 3500 (small 1 medium turf areas)
Rain Bird 5000 (medium turf areas)
Toro 2001 (large turf areas)
Toro 640 (large turf areas)
Toro 570 Pop Up 1 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 irrination
Rain Bird Xerigation
Battery Powered Irriaation
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
Rain Bird #PT -55 Snap Tite Sealer
Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover
Griswold DW Series Valve (Control Valve)
Griswold 2160 Solenoid Valve (Normally 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.,
A. All commercial fertilizers must be homogenous.
B. All organic fertilizers must have lowest salinity rate possible.
C. No steer or chicken manure is allowed.
D. All fertilizers, planting medium, humus 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 perennials, 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 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.
PEI
Exhibit E
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. Weekly irrigation inspection check list (to include controller and sire inspection for
all sites and a list of any repairs required)
8. Monthly irrigation controller programming charts
9. Extra work approval list
10. Weekly maintenance inspection list for all sites
11. Manual irrigation schedule
12. Annual pesticide safety training records
13. Required tailgate safety meeting records
14. Monthly maintenance report
15. Monthly greenwaste recycling report
Exhibit F
UNIT PRICES
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.
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.
Ill. The unit price listed below shall be those unit prices that will be charged or
credited for labor and materials to be provided regardless of the total
number of units and /or amount of labor required for added or deleted
items of work.
IV. All work shall be performed in accordance with the specifications
described in the Scope of Work.
TURF
FUNCTION COST /UNIT OF MEASURE
Turf Mow -Reel Blade
Turf Mow -Rotary Blade
Turf Mow and Clippings Picked
Turf Edge
Turf String Trim
Turf Chemical Edge 6" Swath
Turf Chemical Edge 12" Swath
Turf Aerify
Turf Fertilize
Turf Dethatch/Renovate
Turf sweeping
Flail Mow of Natural Areas
HARDSCAPE
Cleaning
GROUNDCOVERS
. Mow
$ .0015 / 1000 Sq. Ft.
$ .0012 / 1000 Sq. Ft.
Up $ .002 / 1000 Sq. Ft.
$ .002 / 1000 Linear Ft.
$ .002 / 1000 Linear Ft.
$ .003 / 1000 Linear Ft.
$ .006 / 1000 Linear Ft.
$ .01 / 1000 Sq. Ft.
$ .013 / 1000 Sq. Ft.
$ 125 / Acre
$ .002 / 1000 Sq. Ft.
$ 125 /Acre
$.001 / 1000 Sq. Ft.
$ .002 / 1000 Sq. Ft.
Edge $ .002 / 1000 Linear Ft.
Fertilize $ .013 / 1000 Sq. Ft.
PEST CONTROL
Turf disease/insect spray
Boom Application
$ .001 / 1000 Sq. Ft.
Hand Application
$ .01 / 1000
Sq. Ft.
Turf Broadleaf Spray
4 plus Feet, Hedging
$ 4.00 / Shrub
Boom Application
$ .001 / 1000 Sq. Ft.
Hand Application
$ .01 / 1000
Sq. Ft.
Groundcover disease/insect spray
$ .01 / 1000
Sq. Ft.
Shrub disease/insect spray
$ .01 / 1000
Sq. Ft.
Soil Sterilant Applicant
$ .01 / 1000
Sq. Ft.
Turf Pre - Emergent
$ .01 / 1000
Sq. Ft.
Landscape Planter Weed Control
$ .01 / 1000
Sq. Ft.
General Weed Control Post Emergent
$ .01 / 1000
Sq. Ft.
SHRUB PRUNING
1-4 Feet, Lacing
$ 5.00 / Shrub
1-4 Feet, Hedging
$ 2.00 / Shrub
4 plus Feet, Lacing
$ 10.00 / Shrub
4 plus Feet, Hedging
$ 4.00 / Shrub
TREE PRUNING
Up to 8 Feet $ 25.00 / Tree
PLANTING
1 Gal. Shrub/Tree
$ 7.50 / Each
5 Gal. Shrub
$ 20.00 / Each
5 Gal. Tree
$ 25.00 / Each
15 Gal. Shrub
$ 70.00 / Each
24" Box Tree with root barriers
$ 260.00 / Each
64 Count Flat Groundcover
$ 20.00 / Flat
Turf - Seed and Top Dress
$ 100.00 / 1000 Sq. Ft.
Turf - Sod
$ 1200.00 / 1000 Sq. Ft.
LABOR
Landscape Maint. Supervisor $ 21.00 / Hour
Landscape Maint. Leadworker $ 30.00 / Hour
Landscape Maint. Supervisor $ 35.00 / Hour
Irrigation Specialist $ 35.00 / Hour
31
Pest Control Applicator $ 35.001 Hour
Tree Trimmer $ 45.001 Hour
Equipment Operator Heavy Equipment $ 50.001 Hour
Newport Coast Maintenance $ 5,227.201 Acre/Year
Newport Coast Turfgrass Maintenance $ 5,227.201 Acre/Year
Newport Coast Native Park Maintenance $ 5,227.20 / Acre/Year
32
Exhibit G
BID UNIT COST
LOCATIONS
UNIT COSTIYEAR
Newport Coast Master
• Newport Coast Medians and Parkways
$ 42,654.00
• Newport Coast Evergreen Sloe
$309,555.00
Newport Ridge
■ Newport Ridge Medians and Parkways
$24,672.00
■ Fire Station 8
$4,129.00
■ Newport Rid a Evergreen Sloe
$26,711.00
Nature Park Sites
■ Nature Parks and 10' Areas
$73,599.00
Newport Coast Community Center
■ Community Center
$13,957.00
City of Newport Beach
BUDGET AMENDMENT
2007 -08
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 08BA -012
AMOUNT: 372,272.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the agreement with Park West Landscape Maintenance, Inc. for
the landscape maintenance of public areas in Newport Coast.
ACCOUNTING ENTRY:
BUDGETARYFUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Signed:
Signed:
Description
3170 General Services - Parks'
8080 Services - Professional & Technical
Fi cial Approval: Administrat, Services Director
Z
Administrative Apprp4al: City Manager
Amount
Debit Credit
$72,272.00 -
` Automahc
$72,272.00
7D
Date
9 ate
Signed:
City Council Approval: City Clerk Date
COUNCIL AGENDA
NO. 1-103
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
September 11, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon; Director, 949- 644 -3055
mharmonCcD-citv.newaort-beach ca us
SUBJECT, Selection of a Vendor for Contract. Negotiations for the
Landscape Maintenance of Public Areas in Newport Coast
ISSUES:
Should the City Council select a vendor and direct staff to negotiate a two -year
agreement to provide landscape maintenance services in the Newport Coast section
of the City?
RECOMMENDATION:
Direct staff to negotiate a two -year agreement with Park West Landscape
Maintenance, Inc., of Santa Ana to provide landscape maintenance services in the
Newport Coast area, and return to the September 25th City Council meeting with an
agreement for approval.
DISCUSSION:
rusrory or wry Landscape Maintenance in Newport Coast. • On September 10,
2002, the City Council approved a contract with Park Landscape Maintenance to
maintain the 14.95 acres of Newport Coast landscape which had become the City's
maintenance responsibility. The term of the contract with Park Landscape was for
one year, with the possibility of up to four automatic one -year extensions upon
approval by both parties.
In December 2003, Assistant City Manager Kiff presented a report to the City
Council requesting to enter agreements with various Newport Coast community
associations to maintain the landscaping on certain slopes, parkways, and medians
Selection of a Vendor for Contract Negotiations for the Landscape
Maintenance of Public Areas in Newport Coast
September 77, 2007
Page 2
along public streets. In an associated action, the Council approved a
recommendation authorizing the General Services Director to enter into or amend
the existing contract with the (newly renamed) contractor, Park West Landscape
Maintenance, Inc. to add these areas at the current contract price. Additional areas
were added to the agreement in February 2004 and April 2005. Following the
acquisition of five native parks from the County of Orange in July 2005, the City
Attorney's Office advised it was prudent to memorialize the additional acreage
(including the February 2004 and April 2005 additions) in a contract amendment.
This amendment was approved by the Council on November 8, 2005, but did not
change the expiration date of the contract (September 30, 2007). Consequently,
PWLM currently provides maintenance of 92.08 acres of landscape in Newport
Coast, and has offered to continue at the same price through October 31, 2007 while
the RFP /Contract process is completed ($32,238 per month, or $386,856 per year).
The landscape in Newport Coast is different from other areas in the City for a
number of reasons. First, the land being maintained is not City property. When the
communities were developed, the major landowner (The Irvine Company) and the
planning jurisdiction (the County of Orange) established a complex program of
private ownership. of lands like street medians, parkways, slopes along, public
streets, which ordinarily would be public property. These areas belong to either the
Newport Coast Master Association or the Newport Ridge Association, and the City
maintains it under Maintenance. Agreements .approved in December 2003.
Consequently, the Associations". management company, and Association board ��.•✓✓
members make monthly inspections, the results of which are forwarded to both City
staff and the contractor.
Second, recycled water for irrigation is purchased from the Irvine Ranch Water
District (IRWD). IRWD's pricing includes penalties for excess usage, and while the
allocations are at a level which allow adequate irrigation at the 60 -75% level, usage
quickly escalates when sprinkler heads are broken or valves are leaking. Since the
contractor is responsible for any penalties, they have a greater incentive to ensure
that irrigation systems are checked and kept in good repair.
Additionally, the varied sites we are asking the vendor to maintain are usually not
combined in a single contract. Elsewhere in the City, we have combined park and
facility contracts, but Citywide medians and roadside areas are separately
contracted. The Newport Coast contractor is responsible for the maintenance of
medians, roadsides, densely landscaped slopes, facilities (Fire Station 8 and the
Community Center following. City assumption of maintenance) and an extensive
series of v- ditches. A map is attached which details the areas included in this
contract.
Request for Proposal Process: On July 25, .2007, staff mailed Requests for
Proposal to 18 landscape maintenance companies, with a due date of August 15. is
Selection of a Vendor for Contract Negotiations for the Landscape
Maintenance of Public Areas in Newport Coast
September 11, 2007
Page 3
l
There were two changes between the current maintenance agreement and. the
guidelines given in the RFP. First, as noted above, the existing agreement had a
one year term, but was renewable in one -year increments up to four times. The RFP
discusses our intent to enter into a two -year agreement, with an allowance for up to
three one -year extensions. While the end result is very similar, it does protect the
City from the vendor giving notice that they choose not to renew at the end of only
one year, requiring another RFP process. The RFP also provides for a CPI increase
not to exceed 2.5% at the end of the two-year term and annual thereafter upon
renewal of the agreement.
A second change is the requirement for a minimum level of manpower. The RFP
stated that the workforce should include a supervisor plus 12 employees: a
leadworker, an irrigation technician, nine positions for general maintenance,, and one
position dedicated to general litter control, refuse removal, and grounds policing, -to
ensure the contract area is checked for litter each day. This manpower requirement
doesn't preclude a contractor from bringing in additional manpower as necessary,
but it allows the City to quantitatively measure their adherence to the contract on a
daily basis.
On August 2, a mandatory pre -bid meeting was held at Fire Station 8 in Newport
Coast, and the meeting was attended by eight vendors. Following the meeting, the
vendors toured the Coast area to view the maintenance areas.
RFP Results: Staff received three proposals by the 11:00 a.m. deadline on August
15. The respondents and annual contract costs were as follows:
Vendor
Annual Cost
Annual Cost Difference from
Lowest Proposal
Park West Landscape
$495,277.50'
-0-
Maintenance, Inc.
Mission Landscape
$495,360.00
$82.50
Services, Inc.
TruGreen Landcare,
$695,000.00
$199,722.50
LLC.
`Park West had listed its annual costs as $495,277.00. Their bid unitcosts hhowever
totaled $495,277.50.
Evaluation of Contractors: As noted above, PWLM currently maintains the
landscape included in this contract. Mission Landscape maintains landscape for
various HOAs in the Newport Coast area, and is familiar with the expectations of the
community.
11
Selection of a Vendor for Contract Negotiations for the Landscape
Maintenance of Public Areas in Newport Coast
September 11, 2007
Page 4
Staff visited sites outside the City which were maintained by PWLM and Mission
Landscape and found the quality of work to be excellent in each case. Likewise,
staff contacted representatives of The Irvine Company and the Rancho Santa
Margarita Corporation who had positive comments about Mission. Likewise, UC
Irvine and Merit Property Management had positive comments about PWLM,
Department Recommendation: As- noted above,. General Services Department
staff looked at the work performed by the two lowest cost vendors, checked with
€their clients, and found them to be very similar in company philosophy, the quality
of the work, and responsiveness of the staff. Either firm would maintain the Newport
Coast landscape at a high level, meet contract requirements, and be responsive to
City staff needs and requests.
Staff is, however, recommending approval to negotiate with PWLM based on cost,
familiarity with the contract specifications and areas, and greater ability to perform at
top level upon the desired start date of the contract, November 1. While our analysis
showed Mission is a first -class organization, there would still be a learning curve
upon commencement of the contract. Consequently, we are seeking approval to
negotiate with PWLM and return to the September 25"' meeting with an agreement
for approval. In negotiations, we will attempt to further define fixed pricing for extra
work and out of contract services.
.FUNDING:
PWLM's new cost is $108,421 more per year than under their current agreement. Of
that increase, $13,957 is attributable to the inclusion of the maintenance of the
Newport Coast Community Center landscape.. The remainder is due to an increase
in the cost to maintain the native areas added in 2005 and cost increases over the
past five years, as the previous agreement did not include any CPI increase.
Consequently, staff will request a budget amendment concurrent with approval of an
agreement at the September 25"' meeting to fund the difference over the eight
months of the fiscal year for which this contract would be in force (November 1, 2007
through June 30, 2008).
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
11
Selection of a Vendor for Contract Negotiations for the Landscape
Maintenance of Public Areas in Newport Coast
September 11, 2007
Page 5
Prepared by: Submitted by:
Mike Pisani Mark Har on
Deputy General Services Director General Services Director
Attachment: Newport Coast Maintenance Contract Map
11
COUNCIL AGENDA
N0. - q7
CONTRACT SERVICE AGREEMENT WITH
PARK WEST LANDSCAPE MAINTENANCE, INC. TO PROVIDE
LANDSCAPE MAINTENANCE SERVICES TO
NEWPORT COAST
THIS AGREEMENT, entered into this 25`h day of September, 2007,
( "Commencement Date ") by and between the City of Newport Beach, a Municipal
Corporation and Charter City ( "City"), and Park West Landscape Maintenance
Incorporated, a California corporation whose address is 22421 Gilberto Suite A, Rancho
Santa Margarita, California, 92688 ( "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. In January 2002, City annexed the area referred to as Newport Coast. The
City intends to have landscape maintenance services performed in the area accepted for
maintenance by the City.
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 Newport Coast area, including approximately 65 acres of evergreen slopes; 13
acres of roadway medians and parkways; 14 acres of nature parks; and the landscaped areas
surrounding the Newport Coast Community Center and Newport Ridge Fire Station
(hereinafter referred to the "Project. ")
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
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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 two (2) years. The term shall commence on
November 1, 2007, after City Council approval of this contract, and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for three (3) additional one (1) 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 WORK
A. In 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 locations noted by Exhibit B.
The services shall be performed at least as frequently as specified in Exhibit C. 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 D. Reports shall be submitted by the Contractor in accordance with Exhibit E. Bid
Unit Prices and Costs are contained in Exhibits F and G. A map of the areas to be
maintained by Contractor pursuant to this Agreement is attached as Exhibit H. All of the
Exhibits are considered to be a part of, and are incorporated into, this Agreement in full 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.
►A
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, Certified Landscape Technician I (Irrigation). All
pesticide operations, where required, shall be performed by a California State Licensed Pest
Control Operator through written recommendation by a California State Licensed Pest
Control Advisor. Contractor shall be responsible for compliance with all local, state, and
federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at
its sole cost and expense, all professional and technical personnel (in addition to irrigation
and pesticide specialists) necessary to properly perform contract services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the specifications. 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, twelve
(12) full -time positions to perform the detailed maintenance functions including one (1)
leadworker with a truck, one (1) irrigation technician with a fully stocked vehicle, including
irrigation controller remotes for Cal Sense, Rainbird and Rainmaster, and, nine (9) positions
with a minimum of 2 large trucks with crew cabs to perform the mowing/turf maintenance,
and detailed maintenance, and one (1) position to perform general litter control, refuse
removal, and grounds policing with a truck. The City reserves the right to increase minimum
staffing based upon additional acres being added.
D. Persons employed by the Contractor who are found not to be satisfactory by
the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from
the City.
E. All Contractor personnel working under this Agreement shall be neat in
appearance and in uniforms 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.
F. All work shall be performed in accordance with the highest landscape and
maintenance standards.
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G. 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.
H. Contractor shall provide an Operations Manager to coordinate work with the
City Administrator and ensure satisfactory performance of contract services. An area
supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms
of this Agreement.
4. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, pernrits 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 sum of Four Thousand, Nine - Hundred and Fifty
Thousand, Two Hundred and Seventy -Seven Dollars and 501100 ($495,277.50) per year
( "Contract Amount ") to perform all the work and services contemplated by this Agreement
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 approval of an invoice 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 one (1) year prior. For example, if the adjustment is to occur effective
June 1, 2008, the index to be used for the numerator is the index for the month of March
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2008 and the index to be used for the denominator is March 2007. 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 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 performing the work, provided that Contractor is in compliance with the
terms of this Agreement. Anything in this Agreement that may appear to give City the right
to direct Contractor as to the details of the performance 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.
8. TYPE AND INSTALLATION OF MATERIAL
A. Contractor shall use only the standard materials described in Exhibit D in
performing contract services. Any deviation from the materials described in Exhibit D 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,
5
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.
9. REPAIR/REPLACEMENT
A. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to City equipment and property and/or other
components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, except such losses or damages as may be caused by 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, including irrigation pipes, sprinklers and controllers, 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 which
have 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 Work to be performed, (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 areas for which Contractor is to
provide services under this Agreement 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 inform 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 term of this Agreement.
R
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 form 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.
i
D. Coverage Requirements.
i. Workers' Compensation Coverage. 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 two million dollars ($2,000,000) 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 Liabilitv Coverage. 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 any 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.
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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.
A. Contractor shall maintain all records, schedules and reports as outlined in
Exhibit E. All such records and reports, as well as 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.
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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 perform additional landscape maintenance services as
requested by the Administrator. The Administrator may give verbal authorization for
additional services up to One Thousand Dollars ($1,000.011). Administrator shall provide
Contractor with written authorization prior to the performance of any additional services that
exceed $1,000.00. Contractor shall be compensated for additional services in accordance
with the unit prices specified in Exhibit F.
B. City reserves the right to withdraw certain locations from the Scope of Work
and services 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 Work,
compensation to Contractor shall be reduced in accordance with the bid unit costs specified
in Exhibits F and G. In 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.
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.
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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 may be 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 corrected 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 City's sole discretion, result in action being taken by the City,
including, but not limited to, (a) correcting the deficiency (using the City's own work force
and/or by contracting the work 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 this Agreement; and/or (e)
taking any other action and exercising any other legal remedy available to the City under law.
19.
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 sum 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
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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 determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code 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.
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
12
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
22421 Gilberto Suite A
Rancho Santa Margarita, CA 92688
Attn: Brian Chinnery, President — Orange County Division
26. TERNHNATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the provisions
of this Agreement in the manner required or if Contractor violates any provisions of this
Agreement, Contractor shall be deemed in default. If such default is not cured within a
period of two (2) working days, or if more than two (2) working days are 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
13
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 or deduct 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
or deduct funds withheld until the City Administrator determines that contract services are
performed 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 governmental 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
whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied
covenant shall be held to vary the provisions hereon.
31.
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.
14
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.
34. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise apply.
[SIGNATURES ON FOLLOWING PAGE]
15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp, Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachments: Exhibit A — Scope of Work
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor Steven Rosansky
for the City of Newport Beach
CONTRACTOR:
PARK WEST LANDSCAPE
MAINTENANCE, INC.
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Exhibit B — Locations and Acreage
Exhibit.0 — Maintenance Frequency Schedule
Exhibit D — Standard Materials
Exhibit E — Required Reports
Exhibit F — Unit Prices
Exhibit G — Bid Unit Cost
Exhibit H — Contract Service Map
16
EXHIBIT H
Newport Coast Maintemuiee
City- of Newport Beach
"j
C.1
'r
i
L� L
Newport Coast MastW 167.39 Acreel
_ Newpad Coast Mechem and Pe"Sys 18 16 A,
MNanWR ^oast EosinrsEn 9aa* 9922Acre„
Nawpsrt Ridge 11 0.62 Acres Including Firs Statlonl
_ Newpm Ficge Melons ana Parkways l6 72 Ayes)
T3m Fee Stahm 8 (0 79 AIXesi
Newport RICO* Ewryreen Slop* 15 11 AC(*5)
N"o Farb Sit" 114.06 ACrnl
PIduM Parks and 10 Areas (14 08 Acres)
Newport Coast COmmlntRy Carder (LV Atrasl
-om mwity Comer (2 67 Arras)
-N
f; R v
iI,�Y j_. �:.� ter• 1.
A c
0 .25 0.5
"T ? 1 es