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HomeMy WebLinkAbout12 - Landscape Maintenance of City Parks & FacilitiesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 July 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 644 -3055 mharmon @city.newport - beach.ca.us SUBJECT: Amendment to the Agreement with TruGreen Landcare, LLC for the Landscape Maintenance of City Parks and Facilities. ISSUE: Should the City Council consider an amendment to the existing Parks and Facilities Landscape Maintenance agreement with TruGreen Landcare, LLC to provide landscape maintenance services at Coastal Peak Park? RECOMMENDATION: Staff recommends that the City Council approve the amendment to the existing agreement with TruGreen Landcare, LLC for the landscape maintenance at Coastal Peak Park at a cost of $106,020 per year. DISCUSSION: Coastal Peak Park, built by the Irvine Company, is located in Newport Coast The facility includes 2 baseball /soccer fields, a tot lot, restrooms, and the popular Pacific Ridge trailhead. The Park is currently in its 60 -day maintenance period, and upon completion of this period, the Park will become City property and the City shall assume maintenance, including the utilization of a computerized central irrigation controller system to reduce water consumption. This is scheduled for August 4 and the park is expected to open to the public on September 1. On April 30, three vendors submitted bids in response to the RFP for the Landscape Maintenance of Coastal Peak Park. TruGreen Landcare and Park West Landscape Maintenance submitted bids of $106,020 and $122,400 Amendment to the Agreement with TruGreen Landcare, LLC for the Landscape Maintenance of City Parks and Facilities July 14, 2009 Page 2 respectively. In addition, Merchants Landscape Services submitted an incomplete bid that was deemed non - responsive. The lowest bid was submitted by the current Parks and Facilities Landscape Maintenance contractor TruGreen Landcare. It is the goal of staff to add the Coastal Peak Park location to the existing Parks and Facilities Landscape Maintenance contract as an amendment in order to streamline the contract administration process and to align the maintenance of the individual park with the remainder of the City's parks and facilities. The Office of the City Attorney has approved as to form the attached Amendment for council consideration. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability: Funding is included in the FY 2009 -10 Budget. Prepared by: Maur ce Turne Administrative Analyst Attachments: (1) Bid Summary Submitted by: iwdin ndnnun General Services Director (2) Contract Amendment I Amendment to the Agreement with TruGreen Landcare, LLC for the Landscape Maintenance of City Parks and Facilities July 14, 2009 Page 3 ATTACHMENT 1 Summary of Coastal Peak Park Landscape Maintenance Bids TruGreen $106,020 Park West $122,4001 $16,380 Merchants I - I - Amendment to the Agreement with TruGreen Landcare, LLC for the Landscape Maintenance of City Parks and Facilities July 14, 2009 Page 4 ATTACHMENT 2 Contract Amendment AMENDMENT NO. 1 TO CONTRACT SERVICE AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR LANDCAPE MAINTENANCE FOR CITY'S PARKS AND FACILITIES THIS AMENDMENT NO. 1 TO CONTRACT SERVICE AGREEMENT, is entered into as of this _ day of July 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and TRUGREEN LANDCARE, LLC, a California Limited Liability Company, whose address is 1323 West 130th Street, Gardena, California, 90247 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On August 12, 2008, CITY and CONTRACTOR entered into a Contract Service Agreement, hereinafter referred to as "AGREEMENT," for landscape maintenance services for the City's Parks and Facilities "PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to reflect the addition o1 Coastal Peak Park, a park located in Newport Coast with baseball /soccer fields, a tot lot, restrooms and Pacific Ridge trailhead requiring landscape maintenance services not included in the AGREEMENT. C. CITY assumes maintenance responsibilities for Coastal Peak Park from The Irvine Company on or around September 2009. D. City solicited and reviewed bid proposals for Services at Coastal Peak Park and determined Contractor was the lowest responsible bidder. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated early in accordance with Section 26 of the Agreement, the term for Amendment No. 1 shall be good a period of two (2) years. The Term shall commence on August 31, 2009, upon completion of the first contract year for Agreement, and whereby the City grants a one year automatic extension for the original scope of services. The term of this Amendment No. 1 shall automatically be extended for two (2) additional one (1) year tems ( "automatic extensions ") with the extensions to automatically commence upon the expiration of the intial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the intial term or any extension. Time is of the essence in the preformace of services under this agreement. The commencement of actual maintenance services shall not coincide with the contract term inception date. The current installation contractor is obligated to 5 successfully complete a 60 -day Establishment period followed by a 60 -day maintenance period. The City may elect to extend either or both periods at is soel discretion. Therefore, the Contractor will be notified in writing at least fifteen(15) days prior to the commencement of actual maintenance services. The Contractor shall receive prorated compensation based on the actual work performed for the partial month. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. SCOPE OF SERVICES In compliance with all terms and conditions of the Agreement and this Amendment, Contractor shall perform the additional 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 Coastal Peak Park Maintenance Location /Acreage noted by Exhibits 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. Unit Prices and Costs are contained in Exhibits F and G. Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines are contained in Exhibit H. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement by reference. 3. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of One - hundred Six thousand Twenty Dollars ($106,020.00) per year ( "Contract Amount") to perform all the work and services contemplated by and described in Exhibits A through H. 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, August 31, 2011, 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 for Amendment No. 1 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 2 0 Consumer Price Index for the same calendar month immediately prior to Commencement Date. For example, if the adjustment is to occur effective July 1, 2010, the index to be used for the numerator is the index for the month of April 2010 and the index to be used for the denominator is the index for the month of April preceding the Commencement Date. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said 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. 4. PERFORMANCE BOND 5. A. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of 100% of the contract price for one year, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. The bond shall contain the original notarized. signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. B. The performance bond required by this Agreement shall be satisfactory only if issued by a company qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. e3 V� IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: yn e e pf Assistant Ci A mey ATTEST: By: Leilani Brown, City Clerk Exhibits: CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward D. Selich Mayor CONSULTANT: By: (Corporate Officer) Print Name: By: (Financial Officer) Title: Print Name: Exhibit A: Scope of Work Exhibit B: Coastal Peak Park Maintenance Location/Acreage Exhibit C: Maintenance Frequency Schedule Exhibit D: Standard Materials Exhibit E: Required Reports Exhibit F: Unit Prices Exhibit G: Total Cost Exhibit H: Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines 4 0 EXHIBIT A Scope of Work I. INTENT The intent of these specifications is to provide full and complete contract landscape maintenance at Coastal Peak Park, herein described, and that such site be kept in a healthy, weed free, vigorous, and well -kept state at all times. II. DESCRIPTION OF PROJECT (SCOPE OF WORK) 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. Turfgrass weed eradication and control, both mechanically and with chemicals. 3. Turf, shrub, and tree fertilization. 4. Shrub and groundcover trimming, pruning, and training. 5. Minor tree pruning and staking. Pruning trees under 8 feet in height. 6. Irrigation programming, monitoring, maintenance, and repair. 7. Water meter reading and water conservation. 8. General rodent, pest, and disease control on landscape planting and turf. 9. Mowing, verticutting, and aerifying. 10. General litter control, refuse removal, and grounds policing. 11. Plant replacement. 12. Hardscape cleaning. 13. Maintenance of sand and wood chip areas. 14. Access roadway clearance and visibility maintenance. 15. General drainage structure and system maintenance. 16. Drinking fountain maintenance. 5 M 17. Reporting vandalism, graffiti, or any safety concerns. 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; or 10. Trees over 8 feet in height. 111. WORKING HOURS Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled 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 AM or after 5:00 PM. IV. LEVEL OF MAINTENANCE All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the site. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and /or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or 6 month. Payment will be retained for work not performed until such time as the work is performed to City standard. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected. V. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach General Services Department. There shall be a minimum of a weekly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first day of said month. The supervisor of this contract shall be available to meet with the City's representative daily during working hours, as necessary and have the ability to communicate by email. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. VI. SPECIFICATIONS VII. These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. All correspondence shall be addressed to Dan Sereno, Parks and Trees Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884. VIII. PROVISIONS FOR EXTRAS No new work of any kind shall be considered extra work unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of any safety items or emergency repairs which are made without prior City approval. Documentation of contract compliance may be required on some occasions. IX. STREET CLOSURES, DETOURS, BARRICADES 7 Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. X. 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 nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. XI. RECORDS The contractor shall keep accurate records concerning all of his/her employees or agents. The contractor shall provide this information in an organizational chart as changes in staffing occur. Additionally, the contractor shall provide the City with names and telephone numbers of emergency contact employees. The contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Trees Maintenance Superintendent. This report should also contain a description, including man - hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the contractor deems to be beyond the scope of the contract and which has been approved by the City in accordance with the Agreement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved by the City in accordance with the Agreement. 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 maintenance calendar shall clearly indicate all of the park maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Parks and Trees Maintenance Superintendent for approval prior to the date the changes are to take effect. 8 i�- The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services only at any reasonable time. XII. 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 of receiving notification. Xlll. SPECIALTY OPERATIONS Written notification of all "specialty type" maintenance operations shall be given to the City forty -eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: fertilization, turf aerification, turf dethatching, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications, addition of playground wood chips /sand, mulching, reel mow operator and plant replacements. Positions used for specialty operations shall be in addition to those outlined on page 10, section K -1, of the RFP. XIV. 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. XV. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a 30 minutes response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cell phone 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. XVI. SCHEDULES Annual Schedule E 13 The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. The Contractor shall complete the schedule for Coastal Peak Park in a manner which shall correspond to the weekly schedules. 3. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the Agreement. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. 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. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the Agreement. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. 4. Changes to the schedule shall be received by the Parks and Trees Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. 6. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly schedule. XVII. PERFORMANCE DURING INCLEMENT WEATHER 10 14 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his /her work force in order to accomplish those activities that are not affected by weather. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 3. The Contractor shall immediately notify the Parks and Trees Maintenance Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. If the Parks and Trees Maintenance Superintendent can not be reached, the contractor shall notify the Parks Maintenance Supervisor. XVIII. UNDERGROUND EXCAVATIONS XIX. 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. The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Trees Maintenance Superintendent with all of the following: 1. A copy of Contractor's Orange County Agricultural Commissioners Restricted Materials Permit/Operator I.D. numbers and a copy of the Contractor's Pest Control Business License. 2. A written "Pest Control Recommendation" for each chemical and site before Contractor uses any pesticide. The Contractor shall provide (in a three ring binder) with each Pest Control Recommendation the material safety data sheets and manufacturers label for each chemical. 3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24 hours of application including: chemical name, quantity applied, applicator's name, and date of application. 4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials," 24 hours before application. A Notice of Intent will also be issued whenever chemicals are applied to turfgrass, regardless if it is "Restricted." 5. The contractor shall provide a "Proposed Pesticide List" of all the pesticides they intend to use for this contract, including toxicity category and 11 15 Environmental Protection Agency number for each chemical, before any such use. 6. The contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. 7. A Pest Control Operator with a Qualified Applicator License will be assigned to this contract to apply restricted materials. 8. Provide annual pest control training records for all employees who will be applying such pesticide specified on those records. ii'a 1( 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 Schedule," 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 Coastal Peak Park. All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public use of Coastal Peak Park. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds, trash, and other debris. Contractor will keep sidewalks free of algae. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off -site. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by his/her maintenance operations. The Contractor shall maintain the premises clean of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his /her construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used by the Contractor for his/her debris. Plant materials adjacent to roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection and so that all traffic control signs are clearly visible to approaching drivers. Contractor must notify the City immediately of any unusual and hazardous conditions at the work site. Contractor must notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of Coastal Peak Park. All insects, other pests, and diseases 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 Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. 13 f7 All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. All broken glass and sharp objects shall be removed immediately. 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. 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. All sand and wood chip areas abutting maintained areas shall be cleaned daily when soiled by Contractor's operations and at other times as required. Trash cans provided by the City shall be emptied daily and washed after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. All concrete Y' drains, to include the portion under the sidewalk, shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. 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. All barbecue grills shall be emptied of all ashes once per week. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS Drainage Facilities 1. All drainage structures shall be checked and cleaned weekly or as needed to insure consistent unrestricted water flow. 2. Any damage to structures shall be noted immediately to the Parks and Trees Maintenance Superintendent. 3. Failure to properly maintain drainage systems or to notify the Parks and Trees Maintenance Superintendent of damaged systems will result in the contractor assuming full responsibility for the repair of drainage damage to the facility. Irrigation System Maintenance The Contractor shall maintain tl condition. This includes but is moisture sensors, manual and heads, and anti -drain valves. TI Water meter assembly as he /she ie complete sprinkler system in an operable not limited to controllers, backflow devices, remote control valves, wiring, pipes, vaults, ie Contractor shall not be responsible for the may cause damage to these items. 14 R a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. b. Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for damages occurring due to under - watering or over - watering. c. Contractor must turn off irrigation systems during rains. d. All replacements to be made with original type material or as directed. e. Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. f. Material substitutions must be approved by the Parks and 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 monthly reports in January, April, July and October. L Areas that require irrigation will have such accomplished no earlier than 11:00 p.m. nor later than 6:00 a.m. j. Contractor will maintain moisture sensors at all sites at which such a unit is installed. k. Contractor will maintain master valve and flow sensors at each site they are installed. Master valves will be tested weekly and repaired as required. 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. However, the contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur or are needed. Contractor shall be readily visible when performing these irrigation checks. 15 rq 4. Contractor will not charge labor for any irrigation repairs, unless it is pre - approved by the City for emergency repairs on overtime. Water Conservation Contractor shall appoint a staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements. Abilities 1. Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and monthly water allocations (Exhibit H). 2. Maintain a healthy landscape. 3. Calculate evapotranspiration (ET) rates to GPM. 4. Maintain the park and landscape in a usable condition (no flooding due to over - irrigation). 5. Troubleshoot and diagnose irrigation systems issues and take corrective action. Requirements 1. The Water Manager shall program all controllers a minimum of weekly according to the IRWD allocation. 2. The Water Manager shall notify the Contractor or City Representative of all required repairs. 3. The Contractor shall meet the IRWD monthly water allocations for each meter on all park applications. The Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. Damages for Water Management 1. Should the Contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the contractor's monthly billing. 2. Deduction shall exclude all approved appeals such as mainline and control valve failures. 3. The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over - allocation water billing to determine which water billing appeals are to be approved and which are to be waived. 16 rA 4. The Contractor shall copy City Representative on all such appeals, include all meter readings and allocation calculations. 5. Over - allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. Turf Maintenance 1. All turf is to be mowed once per week, or as needed to maintain the height specified below: a. Frequency or mowing shall be scheduled so that no more than one -third (1/3) the height of the grass plant is removed. b. Borders shall be edged at each mowing with a gas - powered walk- behind edger. c. Clippings shall be collected and removed unless otherwise directed by the City. d. Turf shall be mechanically trimmed 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 12 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 (approved by City) shall be maintained in this area at all times. 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, properly adjusted to avoid damage to the turf plant, and cutting blades /deck thoroughly cleaned from previous mowing. h. Pick up all litter prior to mowing. i. Edging using a string line along the base paths as a guide, shall be performed weekly at the baseball infields. 2. Mow turf to the following heights: a. Warm season turf including Bermuda grass -1/2 to 1 1/4 inches. b. Cool season turf including Bluegrass, Perennial Rye, Fescues - 1 1/2 to 3 inches. 17 P11 c. Kikuya and St. Augustine turf - 1 1/4 to 1 3/4 inches. A reel -type mower shall be used to mow all athletic fields, unless otherwise directed by the City. Scheduling will not conflict with public use /sport group activities and will occur on Wednesday or Thursday or as directed by City staff. e. Infields shall be reel mowed with walk- behind type mower. 3. Vertical mowing of athletic fields shall be done once per year in August, permitting sufficient time for turf regeneration. Non - athletic field areas 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. 4. All turf shall be fertilized four times per year, in January, April, July and October using a homogenous, pellet or granular slow - release material. City must approve the material used which may change due to the season. Fertilizer will be applied at one pound actual nitrogen per 1,000 square feet or as determined by City. a. 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. b. The Contractor shall perform a soil fertility analysis at Coastal Peak Park in the month of December and review the analysis with the City representative in the month of January. c. Quantities of materials used must be submitted to the Parks and Tree Maintenance Superintendent on a "Monthly Fertilizer Use Report." 5. Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a. Turf areas must be maintained in a weed -free basis. b. Chemical control of broadleaf weeds using post and pre- emergent herbicides 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 August 1 and September 1). Aerate all athletic fields an additional two times in January and July. Hj as a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more than 6" spacing and a minimum depth of 4 ". b. Remove and dispose all cores. c. Contractor is responsible for locating and marking all sprinkler components. d. For Sports Field, apply Perennial Rye seed and topdress two times per year with approved topdress material, immediately following September and April aerations. Topdress material to be applied at a minimum of 1/4 ". e. Apply gypsum at 25 pounds /1,000 square feet to turf areas one time per year. 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 entire irrigation system weekly, 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 turf and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs. Correct as necessary. 10.Scheduling of mowing and turf care maintenance times will be approved by the City. Use by the public will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. Ground Cover Maintenance 1. All ground cover areas shall be maintained in a trimmed, weed -free condition. a. Weeds shall be removed as they appear. A pre - emergent herbicide shall be applied in all shrub and ground cover beds twice per year, once in April and once in September. b. Morning glory and grass infestations shall be treated immediately when observed. c. Groundcover areas shall be fertilized twice per year, once in April with 22- 3-9 and once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual 19 sli fertilizer per 1,000 square feet. Substitutions may be considered at the City's sole discretion. d. Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants. Growth retardants may be used as approved by the City. e. Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. f. Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. h. Bark mulch should be replaced as needed to ensure a layer of mulch at least 2" thick all times. Shrub, Vine. and Tree Maintenance 1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. a. Quarterly trim all shrubs to maintain the size and shape specified by the Parks and Trees Maintenance Superintendent. b. Pruning shall be accomplished to maintain a "natural" appearance; decorative, poodle cuts, or other unnatural pruning will not be permitted. c. Control pests as required, including snails and insects. d. Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. e. Areas shall be fertilized twice per year, once in April with 22 -3 -9 and once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual fertilizer per 1,000 square feet. Substitutions may be considered at the Citys sole discretion. f. Application of an iron chelate fertilizer or balanced fertilizer shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. g. Irrigate as required to maintain adequate growth and appearance. Manually water where necessary. h. 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 20 A agapanthus, day lilies, morea, fountain grasses and other similar plants shall be removed immediately after blooming or as directed by City. I. All bare shrub bed areas shall be raked weekly to remove all litter and other debris. j. 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. k. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. I. Bark mulch should be replaced as necessary to ensure a 2" layer of mulch at all times. m. All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. 2. The Contractor is responsible for trimming all trees up to eight (8) feet in height. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. a. Remove all suckers from base of trees as they develop throughout the year. b. Stake and support trees as necessary. Staking and guying shall be as directed by the City. c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. d. Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. e. Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Parks and Trees Superintendent If any of the conditions noted above exist. 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. 21 P h. Tree wells shall be maintained with 2" thick layer of bark mulch unless ground cover is present. Weeds shall be removed, including their roots, before they reach 3° in height. Mulch shall not touch the crown of tree. i. All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. 3. Complete pruning, heading back, lacing out, or removal will only be done at the direction of the City and at the prescribed unit price. All such pruning shall be made in accordance with current International Society of Arboricultural techniques and practices that promote the natural character of the tree. 4. All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions. Hardscaoe Maintenance During each site visit, concrete (including stamped concrete) and asphalt areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios, shall be checked and cleaned. a. All expansion joints and cracks are to be maintained free of weeds. b. Dirt, litter, and other debris must be removed on a daily basis. c. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks and Tree Maintenance Superintendent. 2. Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. General Grounds Policing 1. The Contractor shall provide general grounds policing and inspection six (6) days per week, except general grounds policing and inspection will be seven (7) days per week from Memorial Day through Labor Day. a. Remove all litter and other debris from site six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. b. If refuse or litter is not removed during site visit, said litter or debris will be considered an emergency and removed immediately upon 22 I notification by the City. Failure of said removal may result in deduction of payment for that date, week, or month. c. Provide safety and facility inspections and immediately report any deficiencies to the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: 1. Light standards and fixtures 2. Walls, fences, gates, park benches, gazebos 3. Signage 4. Graffiti d. All areas, benches, picnic tables, and associated park amenities shall be inspected and cleaned six (6) days per week and seven (7) days per week Memorial Day through Labor Day. Contractor shall use a wet rag to wipe these down as needed. Sand/Wood Chin 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 February, April, June, August, October and December, 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. All sand and wood chip areas shall be cleaned and raked level, six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. Specialty /Sports Areas 1. General: (Applies to all hardscape maintenance areas) a. These areas shall include tennis courts, handball courts, basketball courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt, and concrete and decomposed granite walkways. 23 P b. All areas shall be swept and debris disposed of offsite, six (6) days per week and seven (7) days per week from Memorial Day through Labor Day, if necessary, to remove all deposits of sift and/or sand and glass and other debris. c. On Monday and Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. d. All hard surface areas shall be inspected six (6) days per week and seven (7) days from Memorial Day through Labor Day 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 (6) days per week and seven (7) days per week from Memorial Day through Labor Day and maintained in a neat clean, and safe condition at all times. h. All areas shall be raked to remove leaves and debris six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. 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 -sfte. Drinking Fountains 1. Inspect, clean and adjust six (6) days per week. 2. Report any deficiencies to the City immediately in writing. Native and Drought Tolerant Plant Maintenance These requirements are in addition to the above written Technical Maintenance Specifications: 1. All native and drought tolerant plant material at these sites will be maintained in their natural shape. Dead wood from natives will remain on the plant or where it has fallen, unless otherwise directed to remove by City staff. 24 2. The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non - native weed species will be allowed. 3. The contractors 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 the same day's maintenance. 6. For California Meadow Sedge areas follow the Turf Maintenance Specifications (pages 32 -35), unless otherwise directed differently by City. Wash mower thoroughly prior to each mow. Hand pull all weeds in California Meadow Sedge areas prior to each mow, no chemical eradication will be permitted. 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 site. If the Contractor fails to increase staff to accommodate timely weed removal, per specifications, the City may hire an outside Contractor to assist in weed removal and deduct these fees from the Contractors monthly maintenance invoice. 8. Inspect Oak trees watering tubes weekly for proper irrigation. 9. Soil inject or drench all Oak trees one time per year, with fertilizer and Mycorrhizae product approved by City staff. 25 o EXHIBIT B Maintenance Location /Acreage Coastal Peak Park Park Address Acreage Coastal Peak Park 120403 East Coastal Peak 11.52 Total Acreage 1 11.52 26 30 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 Four times/year Vertical Mow Once /year Aerate Twice/year, Four times for Sports Fields Pest and Weed Control As needed Visual Inspection Weekly Topdress Application Twice/year, for Sports Fields Perennial Rye Seed Twice /year Gypsum Application Once/ year, for select turf sites Ground Cover Maintenance Trim Monthly Fertilize Twice/year Pest and Weed control As needed Visual Inspection Weekly Pre-emergent Application Twice/ ear Shrub, Vine, and Tree Maintenance Trim Four times /year Fertilize Twice /year (oncelyear for trees) Restake/Check Each site visitievery two weeks min. Visual Inspection Weekly Oak Trees — Liquid In'ect/Drench Once/ ear Hardscape Maintenance Six days/ week, Seven days/ week Memorial Day thru Labor Da Grounds Policing /Litter Removal, Including Six days/ week, Seven days/ week Specialty /Sports Areas and Park Amenities Memorial Day thru Labor Da Site Inspection Six days/ week, Seven days/ week Memorial Day thru Labor Da 27 31 EXHIBIT C (Continued) FUNCTION FREQUENCY Sand/wood chip areas Cleaned and raked Six days/week, Seven days/ week Memorial Day thru Labor Da Rototilled Four times /year Drinking Fountains Six days/week, Seven days/ week Memorial Day thru Labor Da Native Area Maintenance Weed Control As needed Tree Handwaterin Weekly 3a 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: HEADS • Toro 570Z -COM Pop Up (small turf areas) • Rain Bird 3500 (small / medium turf areas) • Rain Bird 5000 (medium turf areas) • Toro 2001 (large turf areas) • Toro 640 (large turf areas) • Toro 570Z -COM Pop Up / Shrub Adapter (small slope & groundcover areas) • Toro 300 Stream Rotor (medium slope & groundcover areas) • Toro XP 300 Stream Rotor (large slopes & groundcover areas) • Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City of Newport Beach. Please contact Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm. CONTROLLER • Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain Master 805 - 527 -4498 • Rain Master RME Sentar (contact city before using) DRIP AND SPECIALIZED LOW- VOLUME IRRIGATION Rain Bird Xerigation Jardinier Surface Flow Irrigation MP Rotator Nozzles BATTERY POWERED IRRIGATION ■ Toro DDCWP Battery Powered Controller MISCELLANEOUS • Febco 825Y RP • Spears # DS -100 Dri- Splice Connectors with crimp sleeves • Spears # DS -300 Dri- Splice Sealant • Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover 29 33 • 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 • Rockwell Metal Repair Clamp for all Main Line repairs • PVC Slip Fix for Lateral line repairs only 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. 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. 3q EXHIBIT E REQUIRED REPORTS 1. Annual Maintenance Schedule which includes: Organization chart, mow and trash schedules, once per year submittal. 2. Weekly Maintenance Schedule, including approved extra work. 3. Weekly Performance Report, including approved extra work completed. 4. Monthly Chemical Use Report (As sent to County Agriculture Commission), daily as needed for certain applications. 5. Monthly Fertilizer Use Report. 6. Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets. 7. Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required). 8. Irrigation controller programming charts, submitted quarterly (January, April, July, October). 9. Bi- weekly maintenance inspection list for all sites. 10. Annual pesticide safety training records. 11. Required tailgate safety meeting records, include with Monthly Maintenance Report. 12. Monthly maintenance report which includes Monthly Greenwaste Report. 13. Weekly Master Valve/Flow Sensor inspection checklist. 14. Monthly pest and disease inspection for all sites conducted by a qualified applicator certificate or license holder. 31 IN EXHIBIT F UNIT PRICES 1. 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. 2. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. 3. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. 4. All work shall be performed in accordance with specifications described in the RFP. TURF FUNCTION COST /UNIT OF MEASURE Turf Mow -Real Blade Turf Mow -Rotary Blade Turf Edge Turf Aerify Turf Fertilize Turf Dethatch/Renovate Turf Topdress only Turf Gypsum Application at 25lbs HARDSCAPE Cleaning Powerwashing GROUNDCOVERS Fertilize PEST CONTROL Tree disease /insect foliar spray 32 $ 5 1000 Sq. Ft. $ 5 1000 Sq. Ft. 1.50 / 1000 Linear Ft. $5 1000 Sq. Ft. $4 1000 Sq. Ft. 300 / Acre $7 1000 Sq. Ft. $ / 1000 Sq. Ft. $ / 1000 Sq. Ft. 10 / 1000 Sq. Ft. $4 1000 Sq. Ft. 85 / Tree 36 (using Talstar or Equal) Tree disease /insect root injections (using Merit or Equal) Pre- Emergent/turf or planter (using Snapshot or Equal) General Weed Control Post Emergent (using Roundup or Equal) SHRUB PRUNING /REMOVALS Pruning Removals FULL TREE PRUNING /REMOVALS Pruning Removals 85 / Tree 50 / 1000 Sq. Ft. 25 / 1000 Sq. Ft. 10 / 10 Linear feet 85 110 Linear feet 195 / Tree 995 / Tree PLANTING (All shrubs and trees will be planted with approved soil amendment) 1 Gal. Shrub 10 / Each 5 Gal. Shrub 25 / Each 15 Gal. Shrub 85 / Each 15 Gal. Tree (with root barriers, 105 / Each tree stakes and ties) 24" Box Tree (with root barriers, 325 / Each tree stakes and ties) 36" Box Tree (with root barriers, 895 / Each tree stakes and ties) 64 Count Flat Groundcover 30 / Flat 16 Count 4" Flat Annual Color 35 / Flat Turf - Seed and Top Dress 120 / 1000 Sq. Ft. Turf - Sod $1,20 0/ 1000 Sq. Ft. Hand spread and rake in City Supplied seed 12 / 1000 Sq. Ft. (in California Native areas) IZ•7 7 Landscape Maint. Supervisor 25 / Hour Pest Control Applicator 45 / Hour Irrigation Specialist 25 / Hour Landscape Maint. Leadworker 25 / Hour Equipment Operator 65 / Hour Landscape Maint. Laborer 20 / Hour Tree Trimmer 65 / Hour EQUIPMENT 33 37 1 -Ton Truck MULCHING 0 -2" Mulch at 2" layer GREENWASTE Disposal Park and Facility Maintenance 360 / Day 70 / 1000 Sq. Ft. 70 / Ton $9,350 Acre/Year RON ATTACIMENT G TOTAL COST PER YEAR OF LANDSCAPE MAINTENANCE COASTAL PEAK PARK 106,020 NOTE: Bid Price shall include all sales, use or other taxes applicable to the above item. If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the necessary Faithful Performance Warranty Bond within ten (10) days after the award of said Contract. The undersigned has examined the location of the proposed work and is familiar with the Specifications and other Contract Documents and the local conditions at the place where the work is to be done. The undersigned has checked carefully all the above figures and understands that the City of Newport Beach will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Proposals are to remain valid for six (6) months. I 000f MW , : - David Evans, Branch Manager (Printed or Typed Name) (Title) 35 TruGreen LandCare (company) 1323 W. 130-th St. Gardena. CA 90247 (Business Address) ;310) 354 -1520 (Telephone Number) 04/30/2009 (Date) 07 EXHIBIT H Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines Irvine Ranch Water District's ascending block rate structure offers very low rates for use at, or below, allocation and higher rates for use above allocation. The allocation for a particular landscape is determined by four factors: 1. ET (evapotranspiration) from IRWD weather stations located in coastal, central or foothill zones. 2. Kc (crop coefficient), which is the relative amount of water cool- season turn needs at various times of the year. 3. 1.25 (for 80 percent irrigation system efficiency), which is the extra water allocated t, make up for inefficiencies in the irrigation system. 4. LA (landscape acreage). This assumes that 100 percent of the landscape is cool- season turfgrass. Allocation formula: ET x Kc x 1.25 x LA= landscape allocation in acre - inches. To convert to CCF, multiply by 36.3. CCF stands for "hundred cubic feet." One CCF equals approximately 748 gallons. Landscape Irrigation Water Rates Effective July 1, 2007 Tier Rate (per ccf *) Use (percent of allocation) Inefficient 51.96 potable 101 -110% 1.76 reclaimed Note: Some areas include a pumping surcharge per CCF of water used. Potable water account numbers start vuth 60; reclaimed voter account numbers start vrith 62. Since the allocation changes weekly, the most effective way to avoid overuse charges is to monitor the usage weekly (using the meteriallocation log sheet or IRWD water manaoemer software) and compare it to the weekly allocation. Allocation information is available at the ET Hotline, updated Monday mornings: English (949) 453 -5451 Spanish (949) 453 -5452 To access this information from IRWD website, irwd.com, click on the ET Hotline icon located on the home page. If you have any questions, or need to discuss your landscape irrigation account, please contact IRWD's Landscape Water Conservation Specialist, Nick Mrvos, at (949) 453 -5324 or email mrvosna.irwd com. 36 POLICY AND PROCEbU12:ES FOR THE ADJUSTMENT OFOAERALLOCAiTION CHARGES TO LANDSCAPE R IGATION ACCOUNTS Landscape irrigation eecounts are deftrredw those amou=wA account rnrabers begmmnswith:.60, 61, 62,.63,64, affil 65. Inthe event that over - allocation duagesam incurred, those overweflocation charges may be adjusted under the following.. conditions: •- A malfunction of a.eomponenQ of the iirigatiat system, Le. a stuck vahre,- broken mainline, controller malfunction. • The instgilation.of new plant material' • The acreage listed for the account is incorrect Note that only over-allocation. are adjusted; therefore if no overallocation charges are:mcurred, then no adjustment re" is :to be made. -1. System. Malru acdon: and/or - InstAntlon of New Plaid Material The following procedure is to be implemented Wrequest an:adjustment to the account: • Complew fill Cut 4 copy of the IRWD Lartaxapel tigaiim Adjustmera Fo=r (LiAF). Incomplete forms Will be returned uegfrtrcessed. (Accowa irimmabonm available by contact ng the IRWb,i:andscape Water C earvaiion Specialist. The l!AF'is available at the IRk website - bMMLN wwjrwd coral ) • A sepmete LIAF'must be filled Cut fCc scli account and each billing period ftlrw,ijich an adjustment is being tegtgfe'd •- The LIAF must be reocivo&no later than three months after the bilft period-in which the over-allocation usage. occurred (For example. if the billing period is &23103 - 70103, then the LIAF mw be received by IRWIi no laws -than 10!33/03.)- • The - LIAF`must be accauq%med:tip afihm- following: i. An invoice showing the repair work .or plant installation. ii. A-- Mb&.tlr job order showing the repsirwork or plaithhstailation: Re... 6A, *usanents Iran account has }tat . A adjustment requests submitted wdhm a twelve.mmthpet od 'M;mm or a copy oftha- M.eeazJallao dion:log slier ftirthe bating l'Tecveted -' 'Water For water- lossestcaedmg 50,000 gallons (approx., 67 C ".') he Customer may be:rmcltt mAoChowproof that the Calif .Regmnat WaterQitality Control -Soard Santa Arm Regiarlhas beenproperlynotified 46Anerirt`lmfaa' • Th7amjtidn9um: ; ti&tat� fkovar in . ' a�j - seedm8ucrlllre' etiavatimtacocynCxbil (h��ertorlallecatioa. Themaximtta+ a}j t ficca stuck valve ormcinlinehreak will be 24 hmrs e*eflo w refe for tnGl aztioufas vale • Brec umw.adjustmentrequegta m the same!aecomit may be partially approved or demad.ifthCaactu ntis idemnifadas havingchrariimm%dr..,olloCaticgr - use. Chronic over-allocation users defhndes tlueer ve;maiths Orsimout of twelve:motitts�of �ovet�allooation use., �r�as8nent- Pmeesskre: LURs will be prowaseMn thwordwinvhiah they awr+:7iiavad.If anUAF isrennned duatoineamplefe irttbrinOtu n, the reeeipVdate 1. Alt be the date-on whAkismaobmi lteCl.II€WDisnottxspornible for lost ormisdireetetUA £ s::Ct strongly- :tacmumended t$ta. customer keap oopiesof'aU`submitfedUAps, Z;�e c3faitrx it riteaateagx rte Gn154 lrerlr cl steerzaat a t*aei b*d Nr;ft tttac e*"bar Sttarmitta�npm§ml Landscape; ir�stxm�{# waChattgeltegttesL (LI+1Ai"It)akmg�w{1haadmm��$ the mantis nttdtiseretia`aYesseti�t#ty itlaat}iaztaiilar ire, ifUEd dha1*1494cd, theaexlFiSiiitsyfadgaig .Iiilt§WaulldreCalddated t ltt 7tmc€rtco[eda ad 8, 4E.'Sizt ?afit}&4 ar firm tha> of W13 flow r(dulylj iSlatcltei er . K)I yl Big Generated 912696 Account No qwmmowm Book 6639 Service Address Winge Status ACTIVE Name UATER SERVICE CHARGE VOUR ALLOCRTIM FOR THIS BILL BILL C9Ln"TION BOLD ON REVENUE RLLOC. TO HTS $1266.90 TO AVOID LATE CHARGE IW BEFU?E -- --- - - -- -- END OF BILL GENERATE] Seq 62 .680 $206.04 .826 $373.18 1.649 $124.64 3.29B 5249.28 6.5% $255.84 $1288.98 $187. gB 758 CCF 3.32 HOES e' 22 $24.18 1B/19/86 $1395.98 Q 6:34:00 -- --- - - ---- Meter and Allocation Log Site Name: Irvine Ranch Water District Meter Number: Weather Station Zo www.irwd.com ET Hotline: 949 - 453 -5451 (English) 949- 453 -5452 (Spanish) Today's Date Today's Meter Reading mmO5 Previous Meter Reading EQ0815 Water Usage Alloc. Per Acre Tlm*5 Site Acreage Equals Site Alloc. Over/ Under - - = = CCF CCF x x = = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - _ CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF Using the Meter and Allocation Log Reading the Meter Meters measure water used in Cubic Feet (CF) but allocations are based on Hundre Cubic Feet (CCF). To use IRWds Meter and Allocation Log, you need to read only the CCF. which are the black on white numbers on the odometer portion of the dial. In this example, the meter shows 573.01 CCFs. You need only record the 573 CCFs. However, for smaller site (less than 1/4 acre) you may also wanL to reao the first white on black number as a decimal. Now to Use the Log Sheet 1. Always read the meter on the same day of the week, from week to week. 2. Read the white numbers on the meter, which are in CCFs (hundred cubic feet). Note the date in the "Today's Date" column and the meter reading in the "Today's Meter Reading" column. 3. Wait a week and read the meter again. As before, note today's date and the meter read in the same columns. Write down the previous meter reading in the "Previous Meter Reading" column. Subtract to calculate the "Water Usage" and record the difference in the "Water Usage" column. 4. Call the ET Hotline* at 949 - 453 -5451 to get the allocation per acre for your climate zone. If you are not certain which climate zone this meter is in, call IRWD customer service at 949 - 453 - 5300. S. Write in the acreage for this meter in the "Site Acreage" column. This number is on the water bill. 6. Multiply the "Allot. Per Acre" number by your "Site Acreage" to calculate the allocation for this meter for last week. Write this number in the "Site Alloc." column. 7. From "Site Affoc ° subtract "Water Usage ". Write this number in the "Over /Under" column. If the number is negative, you are over allocation and should make adjustments to the irrigation schedule. *Note: Irvine Rands Water District (I RWD) updates the ET Hotline each Mmday. Weekly ET updates are also posted m IRWD's web - site, www.irwd.cam. If you have any quesdms a concems regardng water usage m ywr site, please call IRWD at 949. 453 -5324. Scheduling Changes in scheduling will need to be done frequently during certain periods of the year, particularly fall and spring. In September, October and November, the rate of plants' evapotranspiration (ET) typically drops steadily as days get shorter and the energy reaching the earth from the sun is less intense. Conversely, ET increases by approximately 40 percent in April, but gradually less rapidly during May, June and July. IRWD recommends taking extra care to adequately irrigate during the spring and early summer to ensure that plants develop heathy root structures in this growing season. Calculating ET ET changes almost every day because the ET rate is calculated from weather data collected at three weather stations measuring these climate zones: Coastal (covering Newport Coast and Santa Ana Heights); Central (covering the City of Irvine, UCI, Tustin Ranch, and Lake Forest, except Foothill Ranch); and Foothill (covering Portola Hills and Foothill Ranch). Each weather station monitors solar radiation, air temperature, wind speed, humidity, and other evapotran- spiration factors, 24 hours per day, seven days per week. As every site is assigned to one of these weather stations, the allocation for each site will increase and decrease in response to all weather factors in its specific climate zone. If you're not sure which climate zone your site is located in, please call. How Allocations Work Landscape water -use allocations are determined by the square footage of irrigated landscape and the ET for exactly those day that occurred during the billing cycle. Because ET changes daily, the allocation will change with every bill. Allocations have several "buffers" built in, so your usage should always be below your allocation. For example, IRWD assumes that all landscape is 100 per- cent turf, located in 100 percent sun. There is also an "inefficiency" factor built into the formula because you are not expected to change your controllers daily nor have a perfect irrigation system. If you believe you have more acreage than is indicated on your bill, contact Nick Mrvos at 949 - 453 -5324. IRWD's rates (in dollars per CCF) for landscape irrigation Potable Water Reclaimed Water Low Volume Discount - 0% to 40% of allocation $ 72 $ 65 Conservation Base Rate - 41% to 100% of allocation $ .8 $ .79 Inefficient - 101% to 110% over allocation $ 1.76 $ 1.58 Excessive - 111% to 120% over allocation $ 3.52 $ 3.16 wasteful -121% or more over allocation $ 7.04 $ 6.32 ;t� LANDSCAPE IRRiGA,TJON ADJUSTMENT FORM Low=& MMUM timlaw Account Name Account Number Meter Number Contact Pe"Ort Phone Number Billing Period Fivin To Amount to be adjusted: CCF Re son for adjustment Orvmvxmii ; Sim-Of valve- GPM How long was ft shick-open? Please submit fliis form and'arryinvoices related to the prohlemtot conservation Doutroot 10,flox5ibw CA. 9AWvK Ifyou.have anyqUegtiGIISy please call (949) 453,6324. Commentsiby Couservai4on, Wpartment-, "ift- 1-t-01WIft 14-5 Suggested \MEEKLY %Vatering Schedule by Month for spray -head irrigation systems: Month Turfgrass Trees, Shrubs, Notes 0!0 Groundcover Option* Turn water off before January 2 days, 2 cycles" of 1 day, 2 cycles" rains ant let soil dry 30% 2 minutes of 3 minutes before turning water on aca�n February 2 days, 2 cycles- of 1 day, 2 cycles" of 2 minutes 3 minutes hiarch�April is tae mo=t a;tive growth rch 3 days, 2 cycles' of 2 days, 2 cycles" of period for turfgrass 50 °fa 3 minutes 3 minutes and o sure ,.. adeq Tales nta ch.fAp f �s the= - m t active growth Apn 11 days, 2 cycles' of 2 days, 2 cycles' of p not for turfg ass o, ` minUt2S 4 minutes and other plants. Be - sure to Ovate . - adecuetel ,� May - 8, 3 cycles' of 2 days, 3 cycles" of 80' (notes 3 minutes June days, 2 cycles" of 2 days, '3 cycles" of 100 i;minutes 3 minutes July `days, 3 cycles" of 2 days, 3 cycles' of 100 °,0 3 minutes 4 minutes August 4 days, 3 cycles' of 2 days, 3 c es'of 100% 3 minutes 4 minute September"" 4 days, 2 cycles" of 70 % 3 minutes 4 minutes October'- 3 days, 2 cycles' of 2 days, 2` SO% 3 minutes 3 minute November— 2 days, 2 - g' of 1 day, 2 ; ®® 3 minutes 4 minute'' December 2 day 2 mi' *By "cycling" your irrigation timer to turn on for the suggested number of minutes an hour apart, you reduce runoff and gain deeper watering and healthier root growth. Start with this weekly schedule and increase the times only if your plants showsigns of stress. If stress occurs only in isolated area, check your irrigation system before increasing the time. * *In September, plants water needs drop by approximately 30 percent even if the temperature is hotter, for two reasons. First, the days are shorter, so evaporation decreases. Second, plants begin to go into a dormant phase where they need less water. In some years, humidity is also higher, decreasing plant water needs as it slows the rate of evaporation. This rapid drop in neater needs vAll continue in October and November. ** *Some irrigation controllers have a Feature by which the watering time can be set by changing the percentage instead of specifically entering the days, cycles and minutes. 42 CITY OF NEWPORT BEACH Request for Proposal Landscape Maintenance of Coastal Peak Park April 2009 y7 CITY OF NEWPORT BEACH Request for Proposal I. INTRODUCTION The City of Newport Beach currently maintains all of its medians, roadsides, and the majority of City parks and facilities through contracts with private landscape maintenance companies. The City of Newport Beach is seeking proposals from qualified contractors to provide professional contract landscape maintenance for Coastal Peak Park, a newly constructed facility located within the Newport Coast area of the City. The City may also acquire or assume control over additional adjacent property in the future, and in such case, will need to supplement additional landscape maintenance areas to this contract using the agreed - upon rates for service. II. RFP OBJECTIVES III. The objectives of this RFP are to obtain suitable proposals fiom qualified contractors, review all proposals in a comprehensive manner, and select a qualified company for a landscape maintenance contract. The City of Newport Beach is interested in receiving proposals for landscape maintenance from selected, qualified landscape maintenance companies. After a careful review of each submitted proposal, the City will conduct an evaluation leading to the selection of a contractor and the award of a contract. The resulting contract is intended as a two (2) year contract, with the possibility of up to two (2) one (1) year extensions, renewable on an annual basis at the City's sole discretion based on the contractor's performance. The contract will be re -bid no less than every four (4) years. New landscape areas, as developed or assumed by the City for landscape maintenance, may be added to the contract. Copies of this request for proposal may be obtained in person at the Administration office of the General Services Department located at 592 Superior Avenue, Newport Beach. Please do not mail any correspondence to the Superior Avenue address as it is not a valid mailing address. IV. SCHEDULE of EVENTS from ISSUANCE of the RFP to AWARD of CONTRACT RFP Mailing Date Mandatory Pre - Proposal Meeting At Park Site: 20403 East Coastal Peak April 15, 2009 10:00 a.m., Thursday, April 23, 2009 Proposal due to the City 11:00 am., Thursday, April 30, 2009 2 M Award of Contract June 9, 2009 Contractor in Place July 1, 2009, or upon the City's assumption of maintenance V. CITY POINT OF CONTACT The sole source of contact regarding this RFP is Dan Sereno, Parks and Trees Maintenance Superintendent, (949) 644 -3069. Individuals or firms interested in submitting a proposal are asked not to contact other members of the City of Newport Beach staff in connection with the RFP prior to the announcement of the selected contractor. Proposals and all written inquiries related to this RFP are to be submitted in a sealed envelope to the General Services Administration office, located in Bldg. A at 592 Superior Blvd., no later than 11:00 a.m. on April 30, 2009 with the following notation: CONFIDENTIAL (PROPOSAL FOR LANDSCAPE MAINTENANCE OF COASTAL PEAK PARK) VI. CITY OF NEWPORT BEACH BUSINESS LICENSE The contractor must obtain and maintain in effect a valid City of Newport Beach Business License prior to commencement of work and during the entire time that work is being performed under the contract. Questions regarding business licenses should be addressed to the Revenue Division at (949) 644 -3141. VII. PROFESSIONAL LICENSES, PERMITS, ETC. Contractor represents and warrants to the City that he/she has, and will keep in effect at all times during the term of a contract with the City, all licenses, permits, professional qualifications, and approvals of whatever nature that are legally required to practice his/her trade. Confirmation of this condition must be contained in the proposal. Additionally, the contractor's personnel responsible for irrigation repairs shall be a Certified Landscape Technician-I (irrigation), as provided through the California Landscape Contractors Association or shall acquire certification within one hundred twenty (120) days of the start of this contract. VIII. PREVAILING WAGE REQUIREMENT This contract 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 3 yQ (415) 7034774, 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). IX. PROPOSAL CLOSING DATE Contractor must submit one (1) original and two (2) complete copies of the proposal (copies must be marked "COPY") no later than 11:00 AM on April 30, 2009. All proposals must be delivered to the General Services Administration office in Bldg. A, at 592 Superior Avenue, Newport Beach, California 92658 or mail to: City of Newport Beach Attn: Maurice Turner 3300 Newport Boulevard Newport Beach, CA 92658. Proposals will become a part of the official files of the City of Newport Beach and will not be returned. X. INSTRUCTIONS AND CONDITIONS See pages 5 -17 XI. DESCRIPTION OF PROJECT AND INTENT (Scope of Work) See pages 18 -25 XII. DELIVERABLES The Contractor is responsible for the following deliverables in keeping with the schedule described in subsection below: a. Proposal in the format and content explained on pages 12 -17. b. Attachments D and E containing unit prices and total landscape maintenance costs. See pages 47 -50. 4 5D CITY OF NEWPORT BEACH Request for Proposal Instructions and Conditions The following instructions and conditions apply to this RFP: I. GENERAL CONDITIONS A. Pre - Contractual Expenses Pre - contractual expenses are defined as expenses incurred by Contractor in: Preparing a proposal in response to this RFP. 2. Submitting that proposal to the City of Newport Beach. Negotiating with the City of Newport Beach in any matter related to this RFP, proposal, and/or contractual agreement. 4. Any other expenses incurred by the Contractor prior to the date of an executed contract. The City of Newport Beach shall not, in any event, be liable for any pre - contractual expenses incurred by any Contractor. In addition, no proposal shall include any such expenses as part of the price proposed to perform the contract landscape maintenance of Coastal Peak Park. B. Authority to Withdraw RFP and/or Not Award Contract The City of Newport Beach reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any Contractor responding to the RFP. The City expressly reserves the right to postpone the opening of proposals for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). The City also reserves the right to negotiate with the successful bidder concerning various alternatives. C. Pricing Approach The City of Newport Beach intends to award a contract based on a fixed annual contract price for the two (2) year term of this contract, renewable annually for two (2) one (1) year terms based on performance at the City's sole discretion. The primary purpose of the Unit Prices (Attachment D) proposal is to provide for additional contracted work during the course of the contract and to establish clear payment deductions for contract duties not rendered or not satisfactorily performed. 51 Upon the second anniversary of the Commencement Date of the Contract and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to the 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 July 1, 2010, the index to be used for the numerator is the index for the month of April 2010, and the index to be used for the denominator is April 2009. 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 including 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. D. Right to Reject Proposals The City of Newport Beach reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the Contractor which, in the opinion of the City, is best qualified to execute the contract. The City also reserves the right to select and substitute unit prices for total costs. E. Proposal Evaluation Criteria Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City of Newport Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all - inclusive list. The order in which they appear is not intended to indicate their relative importance: 1. The Contractor's demonstrated awareness of safety in all operations. 2. The Contractor's responsiveness to the requirements of the contract as set forth in the RFP. 3. A demonstrated understanding of the offeror's work plan and other proposal documents. 6 5� 4. A logical, proven methodology for carrying out the work tasks described in the proposal and developing contract deliverables. 5. The offerer's recent experience in conducting contracts of similar scope, complexity, and magnitude, particularly for government agencies. 6. The quality and quantity of personnel to be assigned to the contract, including educational background, work experience, and directly related recent landscape maintenance experience. 7. The quality and quantity of equipment to be assigned to the contract. 8. A listing of the organizational structure of the proposed contract team. 9. The financial stability of the Contractor. 10. Recent references from local clients with particular emphasis on local government. 11. The proposed contract schedule. 12. The proposed contract costs. F. Compliance with Applicable Laws The Contractor shall have in his/her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances, and regulations governing Affirmative Action programs. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public in connection with the performance of the work required by this contract. 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 government agency having jurisdiction in effect at the time service is rendered. G. Suspension and/or Cancellation of Contract 1. 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 Agreement or 53 authorized by law, terminate this Agreement by giving written notice of termination. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment of undisputed sums 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. 3. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City Administrator determines that contract services are performed as well and as frequently as required by this Agreement. 4. Written notice, as required to be given by the provisions of the section, shall be deemed complete after deposit in the United States Mail in the County of Orange, postage pre -paid. 5. When notice is directed to the Contractor, it shall be at his/her address as filed with the City. H. Familiarity with Work By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services 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 site and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 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 bidden, at the commencement of, or at any time during the term of this Agreement. 8 5y I. Assignment of Contract The Contractor shall not assign the Contract required to be executed by the City without the prior written consent of the City. I Quality of Work and Material All material and equipment furnished by the Contractor shall be in good working order, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accord with the best standard practices. Both materials and workmanship shall be subject to the approval of the Parks and Trees Maintenance Superintendent. All materials used shall be approved in advance by the Parks and Trees Maintenance Superintendent. The actual cost of all materials passed on to the City shall be wholesale cost of the material. a. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discounts available. Receipts shall be required for reimbursements. b. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. c. Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. 2. The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply. a. Contractor shall conform to all City practices and procedures. b. All City purchases will be for the sole expressed use of and for the City. c. The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. d. The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. K. Workmanship and Supervision 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 55 deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. At a minimum, Contractor shall provide: # Positions Work Performed Required Vehicle Frequency (1) Supervisor (1) truck (1) Detailed Detailed Maintenance (l) Truck or utility vehicle 5 Days / week Maintenance Laborer (1) Imgation Irrigation Maintenance (1) Fully stocked truck with 1 Day / week Technician irrigation controller remotes Nov — Apr for Rainmaster 2 Days / week May - Oct (I) Laborer Detailed Maintenance 5 Day/ week M -Oet Mowing to be completed by a separate crew, with assistance of Detailed Maintenance staff The City reserves the right to change minimum staffing based upon the actual need. 2. Work shall be performed by competent and experienced workers. All irrigation maintenance and repairs shall be performed by a California Landscape Contractors Association, Certified Landscape Technician-I (Irrigation). 3. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and lead workers must communicate effectively, both in written and oral English, shall be present at all times during contract operations and shall have ability to communicate by email. Any order given to these supervisors or lead workers shall be deemed as delivered to the Contractor. 4. All pesticide operations, where required, shall be performed by a California State Licensed pest control operator with a Qualified Applications Certificate or Qualified Applications License through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. 5. All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Parks and Tree Maintenance Superintendent. All personnel shall wear identification badges or patches, and employees working adjacent to traffic lanes must wear safety vests. 6. 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. 10 56 L. Equipment All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order. The General Services Director, or his authorized agent, may reject any vehicle or piece of equipment and order it removed from the job site. Contractor vehicles used within this contract shall, at all times, bear identification signs that the contractor is performing services for the City. The Parks and Trees Maintenance Superintendent shall approve these signs prior to installation by the contractor. M. Safety Requirement All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Parks and Trees Maintenance Superintendent reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. 2. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the Parks and Trees Maintenance Superintendent. N. Claims by Contractor's Employees 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. O. Liability for Damages 1. The contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor's operations under this contract. This shall include but not be limited to the replacement, at Contractor's expense, of shrubs, trees, vines, 11 57 turf, groundcover or other landscape items that are lost due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, or lack of proper maintenance and care. 2. The Contractor may insure the equipment, materials, and work to cover Contractor's interest in the same. The City will not, under any circumstances, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed in fully completing the contract. 3. Contractor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorney's fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work or activities conducted or performed by Contractor pursuant to a mutual contract. P. Advertising No advertising of any kind or description, bill posters, printed, painted, or by the use of any other method application legible to human sight, shall appear on any buildings, structures, fences, canopies, posts, or signs except valid and authorized legal notices required to be placed thereon and except as may be specifically authorized in these general conditions. II. PROPOSAL FORMAT AND CONTENT Proposals should be typed as briefly as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to by each Contractor: Cover Letter A cover letter not to exceed three (3) pages in length should summarize key elements of the proposals. The letter must be signed by an individual authorized to bind the Contractor. The letter must stipulate that the proposed price will be valid for a period of a minimum of four (4) years. Indicate the address and telephone number of the Contractor's office located nearest to Newport Beach, California, and the office from which the contract will be managed. A. Background and Approach The Background and Approach Section should describe your understanding of the City and the work to be done. 12 58 B. Methodology This section should clearly describe the methodology you plan to use to carry out the specific work tasks described in the Work Plan. C. Work Plan Describe the sequential work tasks you plan to carry out in accomplishing this contract. Indicate all key deliverables and their contents. D. Contract Organization and Staffing Describe your approach and methods for managing the contract. Provide an organization chart showing all proposed contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Director and/or Manager and the person who will be the key contact with the City of Newport Beach. Indicate how many hours each team member will devote to the contract by task, along with a statement indicating the availability of the members of the contract team for the duration of the contract. Please include resumes for key members of the contract team with particular emphasis on their experience and professional affiliation. Also include any additional information or staff support required from City personnel during the course of the RFP preparation. E. Related Experience Describe recent, directly related public agency experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; name of the Contract Director and/or Manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address, and telephone number. The City of Newport Beach reserves the right to contact any of the organizations or individuals listed. F. Contract Schedule Provide a schedule for completing each task in the work program, based upon the Maintenance Frequency Summary (Attachment A). G. Cost Data Indicate the total annual Unit Prices (Attachments D, E) for which you will conduct the contract based upon the information provided. 13 J9 H. Statement of Compliance Contractors must submit a Statement of Compliance with all parts of the Request for Proposal and Draft Agreement terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either: 1. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or 2. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception and/or suggested change, the Contractor must include: a. The suggested change in the RFP or rewording of the contractual obligations. b. Reasons for submitting the proposed exception or change. c. Any impact the change or exception may have on contract costs, scheduling, or other considerations. d. Please be advised that the City's indemnity and insurance obligations are non - negotiable. I. Other Information Include any other information you consider to be relevant to the proposal. Additional optional services may be provided at the discretion of the contractor. J. Employment Provision Contractor agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub - contractors working on the contract, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed by Contractor here under is subcontracted to another person or firm (with approval of the City as required herein), sub - contract shall contain a similar provision. K. Insurance Coverage Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain it its own expense during the term of this Agreement, a policy or policies of liability 14 0 insurance of the type and amounts described below and in a form satisfactory to City. 1. 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. 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. 4. Coverage Requirements. a. 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. b. 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. c. Automobile Liability 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- 15 61 owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each occurrence. 5. Endorsements. Each liability, employer's liability and automobile liability insurance policy shall be endorsed with the following specific language: a. 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. b. 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 provide to City. Any insurance maintained by City, including any self-insured retention City may have, shall b considered excess insurance only and not contributory with the insurance provided hereunder. c. 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. d. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. e. 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. f. The insurance provided by this policy shall not be suspended, voided, cancelled, 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. 6. 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. 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. 16 a L. Guarantees A Faithful Performance Warranty Bond in the amount of one hundred percent (100 %) of the contract price for one year shall be required for the entire length of the contract period. Unless otherwise specified, the Contractor shall guarantee that the work performed under the Contract will be performed to the HIGHEST INDUSTRY STANDARDS specified in the RFP and remain as such for the term of the contract. Whenever, in these specifications, written guarantees are requested, or specified, the Contractor shall guarantee the products or installations therein described for the time specified and no further guarantee shall be required. If defective material or workmanship is discovered by the City in the work proposed within this contract, and this defective material or workmanship requires repairs to be made under this guarantee, all such repair work shall be done by and at the expense of the Contractor. Should the Contractor fail to repair such damage within five (5) working days thereafter, the City shall have the right to repair the defect or damage and charge the Contractor with the actual cost of all labor and material required. M. Pre- Proposal Meeting and Tour All parties selected to submit proposals for landscape maintenance of Coastal Peak Park are instructed to attend a mandatory pre - proposal meeting. The meeting is scheduled for April 23, 2009 at 10:00 am., Coastal Peak Park, 20403 East Coastal Peak, Newport Beach, California. Present at this meeting will be representatives of the City of Newport Beach General Services Department. The purpose of this meeting is to familiarize contractors with the contract's contents and scope of work and to answer any questions which may arise prior to submitting proposals. Attendance at this meeting is MANDATORY for those wishing to submit proposals. A map detailing the Park is included. Failure to attend the pre - proposal meeting shall result in disqualification form the RFP process. 17 2 DESCRIPTION OF PROJECT AND INTENT I. INTENT The intent of these specifications is to provide full and complete contract landscape maintenance at Coastal Peak Park, herein described, and that such site be kept in a healthy, weed free, vigorous, and well -kept state at all times. II. DESCRIPTION OF PROJECT (SCOPE OF WORD 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. Turfgrass weed eradication and control, both mechanically and with chemicals. 3. Turf, shrub, and tree fertilization. 4. Shrub and groundcover trimming, pruning, and training. 5. Minor tree pruning and staking. Pruning trees under 8 feet in height. 6. Irrigation programming, monitoring, maintenance, and repair. 7. Water meter reading and water conservation. 8. General rodent, pest, and disease control on landscape planting and turf. 9. Mowing, verticutting, and aerifying. 10. General litter control, refuse removal, and grounds policing. 11. Plant replacement. 12. Hrdscape cleaning. 13. Maintenance of sand and wood chip areas. 14. Access roadway clearance and visibility maintenance. 15. General drainage structure and system maintenance. 16. Drinking fountain maintenance. 17. Reporting vandalism, graffiti, or any safety concerns. 18 Oq III. 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; or 10. Trees over 8 feet in height. Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled 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 AM or after 5:00 PM. IV. TERM OF CONTRACT 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 July 1, 2009, 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 two (2) 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. Due to the fact that the site is currently in a maintenance period, the exact start date has yet to be determined. The City anticipates a start date of July 15 and shall notify the Contractor in writing at least fifteen (15) days prior to the actual start date. 19 / /5 V. LEVEL OF MAINTENANCE All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the site. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. VI. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach General Services Department. There shall be a minimum of a weekly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first day of said month. The supervisor of this contract shall be available to meet with the City's representative daily during working hours, as necessary, and have the ability to communicate by email. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. VII. SPECIFICATIONS These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. 20 VIII. All correspondence shall be addressed to Dan Sereno, Parks and Trees Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 -3884. IX. PROVISIONS FOR EXTRAS No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. X. STREET CLOSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. 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 nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. XII. RECORDS The contractor shall keep accurate records concerning all of his/her employees or agents. The contractor shall provide this information in an organizational chart as changes in staffing occur. Additionally, the contractor shall provide the City with names and telephone numbers of emergency contact employees. The contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Trees Maintenance Superintendent. This report should also contain a description, including mum- hours,, equipment, and 21 6-7 XIII. materials breakdowns and costs used to accomplish any additional work which the contractor deems to be beyond the scope of the contract and which has been approved by the City in accordance with the Agreement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved by the City in accordance with the Agreement. The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Parks and Trees Maintenance Superintendent. This maintenance calendar shall clearly indicate all of the park maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Parks and Trees Maintenance Superintendent for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City- provided services only at any reasonable time. 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 of 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, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications, addition of playground wood chips /sand, mulching, reel mow operator and plant replacements. Positions used for specialty operations shall be in addition to those outlined on page 10, section K -1. 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. 22 XVI. Contractor is required to maintain an office within a 30 minutes response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cell phone or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. XVII. SCHEDULES Annual Schedule 1. The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. The Contractor shall complete the schedule for Coastal Peak Park in a manner which shall correspond to the weekly schedules. 3. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance: Weekly Schedule 1. Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and fiuther delineate the time frames for accomplishment by day of the week and by morning and afternoon. 2. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. 4. Changes to the schedule shall be received by the Parks and Trees Maintenance Superintendent at least twenty-four (24) hours prior to the scheduled time for the work. 5. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. 23 / p UPI 6. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly schedule. XVIH. PERFORMANCE DURING INCLEMENT WEATHER 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 3. The Contractor shall immediately notify the Parks and Trees Maintenance Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. If the Parks and Trees Maintenance Superintendent can not be reached, the contractor shall notify the Parks Maintenance Supervisor. 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. XX. PESTICIDES The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Trees Maintenance Superintendent with all of the following: 1. A copy of Contractor's Orange County Agricultural Commissioners Restricted Materials Permit/Operator I.D. numbers and a copy of the Contractor's Pest Control Business License. 2. A written "Pest Control Recommendation" for each chemical and site before Contractor uses any pesticide. The Contractor shall provide (in a three ring binder) 24 70 with each Pest Control Recommendation the material safety data sheets and manufacturers label for each chemical. 3. A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24 hours of application including: chemical name, quantity applied, applicator's name, and date of application. 4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials," 24 hours before application. A Notice of Intent will also be issued whenever chemicals are applied to turfgrass, regardless if it is "Restricted." 5. The contractor shall provide a "Proposed Pesticide List" of all the pesticides they intend to use for this contract, including toxicity category and Environmental Protection Agency number for each chemical, before any such use. 6. The contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. 7. A Pest Control Operator with a Qualified Applicator License will be assigned to this contract to apply restricted materials. 8. Provide annual pest control training records for all employees who will be applying such pesticide specified on those records. 25 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," Attachment A. 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 Coastal Peak Park. All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public use of Coastal Peak Park. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds, trash, and other debris. Contractor will keep sidewalks free of algae. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off -site. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by his/her maintenance operations. The Contractor shall maintain the premises clean of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his/her construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used by the Contractor for his/her debris. Plant materials adjacent to roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection and so that all traffic control signs are clearly visible to approaching drivers. Contractor must notify the City immediately of any unusual and hazardous conditions at the work site. Contractor must notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of Coastal Peak Park. All insects, other pests, and diseases 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 Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. 26 72 All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. All broken glass and sharp objects shall be removed immediately. 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. 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. All sand and wood chip areas abutting maintained areas shall be cleaned daily when soiled by Contractor's operations and at other times as required. Trash cans provided by the City shall be emptied daily and washed after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. All concrete "V" drains, to include the portion under the sidewalk, shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. 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. All barbecue grills shall be emptied of all ashes once per week. II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS Drainage Facilities 1. All drainage structures shall be checked and cleaned weekly or as needed to insure consistent unrestricted water flow. 2. Any damage to structures shall be noted immediately to the Parks and Trees Maintenance Superintendent. 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. h-ri ag tion System Maintenance 1. The Contractor shall maintain the complete sprinkler system in an operable condition. This includes but is not limited to controllers, backflow devices, moisture sensors, manual and remote control valves, wiring, pipes, vaults, heads, and anti-drain valves. The Contractor shall not be responsible for the water meter assembly as he/she may cause damage to these items. 27 73 a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. b. Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for damages occurring due to under - watering or over - watering. c. Contractor must turn off irrigation systems during rains. d. All replacements to be made with original type material or as directed. e. Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. f. Material substitutions must be approved by the Parks and 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 monthly reports in January, April, July and October. i. Areas that require irrigation will have such accomplished no earlier than 11:00 p.m. nor later than 6:00 a.m. j. Contractor will maintain moisture sensors at all sites at which such a unit is installed. k. Contractor will maintain master valve and flow sensors at each site they are installed. Master valves will be tested weekly and repaired as required. 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. However, the contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur or are needed. Contractor shall be readily visible when performing these irrigation checks. 4. Contractor will not charge labor for any irrigation repairs, unless it is pre - approved by the City for emergency repairs on overtime. 28 7q Water Conservation Contractor shall appoint a staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements. Abilities 1. Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and monthly water allocations (Attachment F). 2. Maintain a healthy landscape. 3. Calculate evapotranspiration (ET) rates to GPM. 4. Maintain the park and landscape in a usable condition (no flooding due to over - irrigation). 5. Troubleshoot and diagnose irrigation systems issues and take corrective action. Requirements 1. The Water Manager shall program all controllers a minimum of weekly according to the IRWD allocation. 2. The Water Manager shall notify the Contractor or City Representative of all required repairs. 3. The Contractor shall meet the IRWD monthly water allocations for each meter on all park applications. The Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. Damages for Water Management 1. Should the Contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the contractor's monthly billing. 2. Deduction shall exclude all approved appeals such as mainline and control valve failures. 3. The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over - allocation water billing to determine which water billing appeals are to be approved and which are to be waived. 4. The Contractor shall copy City Representative on all such appeals, include all meter readings and allocation calculations. 29 -75 5. Over - allocations that do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. Turf Maintenance 1. All turf is to be mowed once per week, or as needed to maintain the height specified below: a. Frequency or mowing shall be scheduled so that no more than one -third (1/3) the height of the grass plant is removed. b. Borders shall be edged at each mowing with a gas - powered walk- behind edger. c. Clippings shall be collected and removed unless otherwise directed by the City. d. Turf shall be mechanically trimmed 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 12 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 (approved by City) shall be maintained in this area at all times. 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, properly adjusted to avoid damage to the turf plant, and cutting blades /deck thoroughly cleaned from previous mowing. h. Pick up all litter prior to mowing. i. Edging using a string line along the base paths as a guide, shall be performed weekly at the baseball infields. 2. Mow turf to the following heights: a. Warm season turf including Bermuda grass- 1/2 to 1 1/4 inches. b. Cool season turf including Bluegrass, Perennial Rye, Fescues - 1 1/2 to 3 inches. c. Kikuya and St. Augustine turf - 1 1/4 to 13/4 inches. d. A reel -type mower shall be used to mow all athletic fields, unless otherwise directed by the City. Scheduling will not conflict with public use/sport group activities and will occur on Wednesday or Thursday or as directed by City staff. 30 76 e. Infields shall be reel mowed with walk - behind type mower. 3. Vertical mowing of athletic fields shall be done once per year in August, permitting sufficient time for turf regeneration. Non - athletic field areas 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. 4. All turf shall be fertilized four times per year, in January, April, July and October using a homogenous, pellet or granular slow - release material. City must approve the material used which may change due to the season. Fertilizer will be applied at one pound actual nitrogen per 1,000 square feet or as determined by City. a. 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. b. The Contractor shall perform a soil fertility analysis at Coastal Peak Park in the month of December and review the analysis with the City representative in the month of January. c. Quantities of materials used must be submitted to the Parks and Tree Maintenance Superintendent on a "Monthly Fertilizer Use Report." 5. Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a. Turf areas must be maintained in a weed -free basis. b. Chemical control of broadleaf weeds using post and pre - emergent herbicides 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 August 1 and September 1). Aerate all athletic fields an additional two times in January and July. a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more than 6" spacing and a minimum depth of 4 ". b. Remove and dispose all cores. c. Contractor is responsible for locating and marking all sprinkler components. 31 77 d. For Sports Field, apply Perennial Rye seed and topdress two times per year with approved topdress material, immediately following September and April aerations. Topdress material to be applied at a minimum of 1/4 ". e. Apply gypsum at 25 pounds/ 1,000 square feet to turf areas onetime per year. 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 entire irrigation system weekly, 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 turf and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs. Correct as necessary. 10. Scheduling of mowing and turf care maintenance times will be approved by the City. Use by the public will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. Ground Cover Maintenance 1. All ground cover areas shall be maintained in a trimmed, weed -free condition. a. Weeds shall be removed as they appear. A pre - emergent herbicide shall be applied in all shrub and ground cover beds twice per year, once in April and once in September. b. Morning glory and grass infestations shall be treated immediately when observed. c. Groundcover areas shall be fertilized twice per year, once in April with 22 -3 -9 and once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual fertilizer per 1,000 square feet. Substitutions may be considered at the City's sole discretion. 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. 32 r/ 7d f. Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. h. Bark mulch should be replaced as needed to ensure a layer of mulch at least 2" thick all times. Shrub. Vine. and Tree Maintenance 1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. a. Quarterly trim all shrubs to maintain the size and shape specified by the Parks and Trees Maintenance Superintendent. b. Pruning shall be accomplished to maintain a "natural" appearance; decorative, poodle cuts, or other unnatural pruning will not be permitted. c. Control pests as required, including snails and insects. d. Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. e. Areas shall be fertilized twice per year, once in April with 22 -3 -9 and once in September with 9 -9 -9 + Iron, at a rate of 2 pounds actual fertilizer per 1,000 square feet. Substitutions may be considered at the City's sole discretion. f. Application of an iron chelate fertilizer or balanced fertilizer shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. g. Irrigate as required to maintain adequate growth and appearance. Manually water where necessary. h. 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, fountain grasses and other similar plants shall be removed immediately after blooming or as directed by City. i. All bare shrub bed areas shall be raked weekly to remove all litter and other debris. j. 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. 33 k. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. 1. Bark mulch should be replaced as necessary to ensure a 2" layer of mulch at all times. m. All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. 2. The Contractor is responsible for trimming all trees up to eight (8) feet in height. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. a. Remove all suckers from base of trees as they develop throughout the year. b. Stake and support trees as necessary. Staking and guying shall be as directed by the City. c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. d. Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. e. Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Parks and Trees Superintendent if any of the conditions noted above exist. f. Except for emergency removal, no tee/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" thick layer of bark mulch unless ground cover is present. Weeds shall be removed, including their roots, before they reach 3" in height. Mulch shall not touch the crown of tree. i. All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. 3. Complete pruning, heading back, lacing out, or removal will only be done at the direction of the City and at the prescribed unit price. All such pruning shall be made in accordance with current International Society of Arboricultural techniques and practices that promote the natural character of the tree. 34 �h 4. All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under 'normal conditions. Hardscane Maintenance During each site visit, concrete (including stamped concrete) and asphalt areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios, shall be checked and cleaned. a. All expansion joints and cracks are to be maintained free of weeds. b. Dirt, litter, and other debris must be removed on a daily basis. c. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks and Tree Maintenance Superintendent. 2. Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. General Grounds Policine The Contractor shall provide general grounds policing and inspection six (6) days per week, except general grounds policing and inspection will be seven (7) days per week from Memorial Day through Labor Day. a. Remove all litter and other debris from site six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. b. If refuse or litter is not removed during site visit, said litter or debris will be considered an emergency and removed immediately upon notification by the City. Failure of said removal may result in deduction of payment for that date, week, or month. c. Provide safety and facility inspections and immediately report any deficiencies to the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: 1. Light standards and fixtures 2. Walls, fences, gates, park benches, gazebos 3. Signage 4. Graffiti 35 �l d. All areas, benches, picnic tables, and associated park amenities shall be inspected and cleaned six (6) days per week and seven (7) days per week Memorial Day through Labor Day. Contractor shall use a wet rag to wipe these down as needed. Sand/Wood Chin 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 February, May, August, and November, 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. All sand and wood chip areas shall be cleaned and raked level, six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. Specialty /Sports Areas 1. General: (Applies to all hardscape maintenance areas) a. These areas shall include tennis courts, handball courts, basketball courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt, and concrete and decomposed granite walkways. b. All areas shall be swept and debris disposed of offsite, six (6) days per week and seven (7) days per week from Memorial Day through Labor Day, if necessary, to remove all deposits of silt and/or sand and glass and other debris. c. On Monday and Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. d. All hard surface areas shall be inspected six (6) days per week and seven (7) days from Memorial Day through Labor Day 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. 36 8�. f. All broken glass and sharp objects shall be removed immediately. g. All areas shall be inspected six (6) days per week and seven (7) days per week from Memorial Day through Labor Day and maintained in a neat clean, and safe condition at all times. h. All areas shall be raked to remove leaves and debris six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. 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 and adjust six (6) days per week. 2. Report any deficiencies to the City immediately in writing. Native and Drought Tolerant Plant Maintenance These requirements are in addition to the above written Technical Maintenance Specifications: 1. All native and drought tolerant plant material at these sites will be maintained in their natural shape. Dead wood from natives will remain on the plant or where it has fallen, unless otherwise directed to remove by City staff. 2. The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non -native weed species will be allowed. 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. S. Pulled weeds will be placed in a "mantilla" to prevent the seeds from coming in contact with the ground and removed from the project site during the same day's maintenance. 6. For California Meadow Sedge areas follow the Turf Maintenance Specifications (pages 30 -32), unless otherwise directed differently by City. Wash mower thoroughly 37 83 prior to each mow. Hand pull all weeds in California Meadow Sedge areas prior to each mow, no chemical eradication will be permitted. 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 site. If the Contractor fails to increase staff to accommodate timely weed removal, per specifications, the City may hire an outside Contractor to assist in weed removal and deduct these fees from the Contractor's monthly maintenance invoice. 8. Inspect Oak trees watering tubes weekly for proper irrigation. 9. Soil inject or drench all Oak trees one time per year, with fertilizer and Mycorrhizae product approved by City staff. 38 9q TOTAL COST PER YEAR OF LANDSCAPE MAINTENANCE COASTAL PEAK PARK NOTE: Bid Price shall include all sales, use or other taxes applicable to the above item. If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the necessary Faithful Performance Warranty Bond within ten (10) days after the award of said Contract. The undersigned has examined the location of the proposed work and is familiar with the Specifications and other Contract Documents and the local conditions at the place where the work is to be done. The undersigned has checked carefully all the above figures and understands that the City of Newport Beach will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Proposals are to remain valid for six (6) months. (Signature) (Company) (Printed or Typed Name) (Title) (Business Address) (Telephone Number) (Date) 39 NIN REQUIRED REPORTS Annual Maintenance Schedule which includes: Organization chart, mow and trash schedules, once per year submittal. 2. Weekly Maintenance Schedule, including approved extra work. 3. Weekly Performance Report, including approved extra work completed. 4. Monthly Chemical Use Report (As sent to County Agriculture Commission), daily as needed for certain applications. 5. Monthly Fertilizer Use Report. 6. Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets. 7. Weekly irrigation inspection check list (to include controller and site inspection and a list of any repairs required). 8. Irrigation controller programming charts, submitted quarterly (January, April, July, October). 9. Bi- weekly maintenance inspection list. 10. Annual pesticide safety training records. 11. Required tailgate safety meeting records, include with Monthly Maintenance Report. 12. Monthly maintenance report which includes Monthly Greenwaste Report. 13. Weekly Master Valve/Flow Sensor inspection checklist . 14. Monthly pest and disease inspection conducted by a qualified applicator certificate or license holder. 15. Submit Irvine Ranch Water District meter readings and calculations for site on a monthly basis. 40 96 LIST OF ATTACHMENTS Attachment A : Maintenance Frequency Schedule Attachment B : Standard Materials Attachment C : Coastal Peak Park Maintenance Location/Acreage Attachment D : Unit Prices Attachment E : Total Cost Attachment F : IRWD Landscape Irrigation Guidelines Attachment G : Coastal Peak Park Map 41 R7 ATTACHMENT A 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 Four times /year Vertical Mow Once/year Aerate Twice/year, Four times for Sports Fields Pest and Weed Control As needed Visual Inspection Weekly Topdress Application Twice/year, for Sports Fields Perennial Rye Seed Twice/year Gypsum Application Once/ ear, for select turf sites Ground Cover Maintenance Trim Monthly Fertilize Twice/year Pest and Weed control As needed Visual Inspection Weekly Pre-emergent Application Twice/ ear Shrub, Vine, and Tree Maintenance Trim Four rimes /year Fertilize Twice/year (once/year for trees) Restake /Check Each site visit/every two weeks Visual hispection min. We Oak Trees — Liquid Inject/Drench Once/ ear Six days/ week, Seven days/ . Hardscape Maintenance week Memorial Day thru Labor Da Six days/ week, Seven days/ Grounds Policing/Litter Removal, Including week Memorial Day thru Labor Specialty/Sports Areas and Park Amenities Da Six days/ week, Seven days/ Site Inspection week Memorial Day thru Labor Da 42 99 ATTACHMENT A (Continued) FUNCTION FREQUENCY Sand/wood chip areas Cleaned and raked Six days /week, Seven days/ week Memorial Day thru Labor Da Rototilled Four times /year Drinking Fountains Six days /week, Seven days/ week Memorial Day thru Labor Da Native Area Maintenance Weed Control As needed Tree Handwaterin Weekly 43 �9 ATTACHMENT B 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: • Toro 570Z -COM Pop Up (small turf areas) • Rain Bird 3500 (small / medium turf areas) • Rain Bird 5000 (medium turf areas) • Toro 2001 (large turf areas) • Toro 640 (large turf areas) • Toro 570Z -COM Pop Up / Shrub Adapter (small slope & groundcover areas) • Toro 300 Stream Rotor (medium slope & groundcover areas) • Toro XP 300 Stream Rotor (large slopes & groundcover areas) • Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City of Newport Beach. Please contact Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm. CONTROLLER ■ Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain Master 805 - 5274498 ■ Rain Master RME Sentar (contact city before using) DRIP AND SPECIALIZED LOW- VOLUME IRRIGATION Rain Bird Xerigation Jardinier Surface Flow Irrigation MP Rotator Nozzles BATTERY POWERED IRRIGATION ■ Toro DDCWP Battery Powered Controller MISCELLANEOUS • Febco 825Y RP • Spears # DS -100 Dri-Splice Connectors with crimp sleeves • Spears # DS -300 Dri-Splice Sealant • Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover M i • 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 • Rockwell Metal Repair Clamp for all Main Line repairs • PVC Slip Fix for Lateral line repairs only 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. PLANTSTOCK All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Parks and Trees Maintenance Superintendent before planting. All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. 45 qJ ATTACHMENT C MAINTENANCE LOCATION /ACREAGE Coastal Peak Park Park Address Acreage Coastal Peak Park 20403 East Coastal Peak 11.52 Total Acreage 11.52 In rem IFAI ATTACHMENT D UNIT PRICES I. 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. H. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications described in the RFP. TURF FUNCTION COST/UNIT OF MEASURE Turf Mow -Real Blade $ 1000 Sq. Ft. Turf Mow -Rotary Blade $ 1000 Sq. Ft. Turf Edge $ 1000 Linear Ft. Turf Aerify $ 1000 Sq.Ft. Turf Fertilize $ 1000 Sq. Ft. Turf Dethatch/Renovate $ Acre Turf Topdress only $ 1000 Sq. Ft. Turf Gypsum Application at 251bs $ 1000 Sq. Ft. HARDSCAPE Cleaning $ 1000 Sq. Ft. Powerwashing $ 1000 Sq. Ft. CeT3s1i1�11�Zi]�� af;F.v Fertilize $ 1000 Sq. Ft. PEST CONTROL Tree disease/insect foliar spray �_/ Tree (using Talstar or Equal) 47 93 Tree disease /insect root injections (using Merit or Equal) Pre - Emergent/turf or planter (using Snapshot or Equal) General Weed Control Post Emergent (using Roundup or Equal) SHRUB PRUNING/REMOVALS Pruning Removals kill -11 ry 0 R D1 A 91110 a Iaff /:t D1 [41901&'' Pruning Removals $ Tree x_11000 Sq. Ft. 1000 Sq. Ft. $ 10 Linear feet $ / 10 Linear feet $ Tree $ Tree PLANTING (All shrubs and trees will be planted with approved soil amendment) 1 Gal. Shrub S Each 5 Gal. Shrub $ Each 15 Gal. Shrub $ Each 15 Gal. Tree (with root barriers, $ Each tree stakes and ties) $ Hour 24" Box Tree (with root barriers, $ Each tree stakes and ties) $ Hour 36" Box Tree (with root barriers, $ Each tree stakes and ties) 64 Count Flat Groundcover $ Flat 16 Count 4" Flat Annual Color $ Flat Turf - Seed and Top Dress $ 1000 Sq. Ft. Turf - Sod $ 1000 Sq. Ft. Hand spread and rake in City Supplied seed $ 1000 Sq. Ft. (in California Native areas) LABOR Landscape Maint. Supervisor $ / Hour Pest Control Applicator $ Hour Irrigation Specialist $ / Hour Landscape Maint. Leadworker $ Hour Equipment Operator $ Hour Landscape Maint. Laborer $ / Hour Tree Trimmer $ Hour EQUIPMENT 1 -Ton Truck �_/ Day 48 !q MULCHING 0 -2" Mulch at 2" layer GREENWASTE Disposal Park and Facility Maintenance 49 $ / 1000 Sq. Ft. $ / Ton Acre/Year q5 ATTACHMENT E TOTAL COST PER YEAR OF LANDSCAPE MAINTENANCE COASTAL PEAK PARK NOTE: Bid Price shall include all sales, use or other taxes applicable to the above item. If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the necessary Faithful Performance Warranty Bond within ten (10) days after the award of said Contract. The undersigned has examined the location of the proposed work and is familiar with the Specifications and other Contract Documents and the local conditions at the place where the work is to be done. The undersigned has checked carefully all the above figures and understands that the City of Newport Beach will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Proposals are to remain valid for six (6) months. (Signature) (Company) (Printed or Typed Name) (Title) (Business Address) (Telephone Number) (Date) 50 9(v ATTACHMENT F Irvine Ranch Water District (IRWD) Landscape Irrigation Water Rates Irvine Ranch Vv ater District's ascending block rate structure offers very low rates for use at, or below, allocation and higher rates for use above allocation. The allocation for a particular landscape is determined by four factors: 1. ET (evapotranspiration) from IRWD weather stations located in coastal, central or foothill zones. 2. Kc (crop coefficient), which is the relative amount of water cool- season turn needs at various times of the year. 3. 1.25 (for 80 percent irrigation system efficiency), which is the extra water allocated t make up for inefficiencies in the irrigation system. 4. LA (landscape acreage). This assumes that 100 percent of the landscape is cool- season turfgrass. Allocation formula: ET x Kc x 1.25 x LA= landscape allocation in acre - inches. To convert to CCF, multiply by 36.3. CCF stands for 'hundred cubic feet." One CCF equals approximately 748 gallons. Landscape Irrigation Water Rates Effective July 1, 2007 Tier Rate (per ccf *) Use (percent of allocation) Low Volume $0.82 potable o 0 -40 /c s0.74 reclaimed Base Rate 0.98 potable PrSO.88 41 -100% reclaimed - Inefficient =1.96 potable 101 - 11040 $1.76 reclaimed Excessive X3.42 potable II CI l...d -;m -J 111 - 120 °ro Note: Some areas include a pumping surcharge per CCF of eater used. Potable v,ater account numbers start oath 60; reclaimed eater account numbers start wth 62. Since the allocation changes weekly, the most effective way to avoid overuse charges is to monitor the usage weekly (using the meteriallocation log sheet or IRWD water manaaemer software) and compare it to the weekly allocation. Allocation information is available at the ET Hotline, updated Monday mornings: English (949) 453 -5451 Spanish (949) 453 -5452 To access this information from IRWD website, irwd.com, click on the ET Hotline icon located on the home page. If you have any questions, or need to discuss your landscape irrigation account, please contact IRWD's Landscape Water Conservation Specialist, Nick Mrvos, at (949) 453 -5324 or email mrvos@irwd.com. 51 POLICY AM PROCEDURES FOR..TBE.ADJUSTMENT OF OV EYALLOCA17ON CHARGES MLAP OSCAPE ERRIGATION ACCOUNTS Landscape r4gation soeozft are deftned as those accounts with'account numbers beginning with 60, 61, 62, 63,,64, and 65- In the event ffid cveralbcation dmqpca.aro incurrotL those over - allocation djaWS may be. adjusted under the following conditions: A malfunction of a compund*) of the irrigation system; ix..a.stuck valve, broken mainline, controller malfunction- The, installation of new plant: material. The acreage UsW for die account is incorrect Note that,only over-allocation charges.we adjusted, dierefore. if no over- Uocationcharges are incurred, then no adjustment request is to bomadc, I System Maguaction axWpr MMU@*n RE-Nm The following procedure is to be.implementod to request an adjustmentto the.account: • Completely till ouva copy of the IRWD Landscape-Irrigaticrx.A4- snncr� Form ([1AF).. Incomplete forms will be returned unprocessed :(Account idbrmation is avauiabiAy ecartacting the iRwD Landscape W#w Conservation Specialist. The LIAF is'aVailable at the ]R-WD welesith — fi&Ztfflww;irwdom� • kmeparfitc.LIAF must be filleelzoig for- c" accouritiand. each Wiing:period for wirich aft Amtta &A IsNingrequested. e, The LIAF must be-re0eived-no later than three m ontlisafter the billing period in which the over= allocation usap occurred. (For emmpl% ifth&billing period is: "103 — 7125103, then'ihe LIAF must be received by IRWD no law than 10/2"3) The.LIAF must be accompanied byon&ofthe foUowirW i. An invoio&show-4 the repair work or plaminsfiallation. ii. A work. orj6-order showing:the repair wcrk or plantinstallaticrt If account .74SW. an adjustment anysubsequentadjustidenttequest; submitted witlurratwely period 0 be I accompanied I .1 - I by I on I wof the folloThr_- "nonth • A printoutof the IPWD BVWDQ;wat&r of;a-do -bffhe.WterMAocx4o#,l 9 f§r,ft W* pejio& (Both we available. it7 py sheet lhaww_gnvdoc come or c4f-714) Califfomia bC30A a b0velht ollft4cn, TherawcanumAustaledibra dwkva1vtormainlinebreak-vAllbe 241 xuaatft flow rate VMqXUfS4U%1Mentmqmsts cn.*&,wmeA000Mmqy-1 be partiR ovW or denied if thaaoeounfis idffje&d as I= -,canseeadve.m or utof twelve mo>ifhsofover�llocatiiort use.. 1d,aWdH)M- onft SWO Landscape 'the ow, 14 Will No" 'ustm sorootov* ueikiib69is 52 N ,- RON wwmouwumwuwm C E A Meter and Allocation Log Site Name: Meter Number: Weather Station Zone: Irvine Ranch Water District www.irwd.com ET Hotline: 949 - 453 -5451 (English) 949 - 453 -5452 (Spanish) Today's Date Today's Meter Reading Minus Previous Meter Reading Equals Water Usage Alloc. Per Acre Times Site Acreage Equals Site Alloc. Over/ Under - = = CCF CCF x x = = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x CCF - CCF CCF x = CCF - CCF CCF x = CCF - CCF CCF x = CCF Using the Meter and Allocation Log Reading the Meter Meters measure water used in Cubic �e Feet (CF) but allocations are based on Hundred Cubic Feet (CCF). To use IRWD's Meter and E D Allocation Log, you need to read only the CCFs, p which are the black on white numbers on the 7 odometer portion of the dial. In this example, 10 the meter shows 573.01 CCFs. You need only record the 573 CCFs. However, for smaller sites (less than 1/4 acre) you may also want to read the first white on black number as a decimal. How to Use the Log Sheet 1. Always read the meter on the same day of the week, from week to week. 2. Read the white numbers on the meter, which are in CCFs (hundred cubic feet). Note the date in the `Today's Date" column and the meter reading in the 'Today's Meter Reading" column. 3. Wait a week and read the meter again. As before, note today's date and the meter read in the same columns. Write down the previous meter reading in the "Previous Meter Reading" column. Subtract to calculate the "Water Usage" and record the difference in the "Water Usage" column. 4. Call the ET Hotline* at 949 - 453 -5451 to get the allocation per acre for your climate zone. If you are not certain which climate zone this meter is in, call IRWD customer service at 949- 453 -5300. 5. Write in the acreage for this meter in the "Site Acreage' column. This number is on the water bill. 6. Multiply the "Alloc. Per Acre" number by your "Site Acreage" to calculate the allocation for this meter for last week. Write this number in the "Site Alloc." column. 7. From "Site Alloc." subtract "Water Usage ". Write this number in the "Over /Under" column. If the number is negative, you are over allocation and should make adjustments to the irrigation schedule. 'Note: Irvine Ranch Water District (IRWD) updates ft Er Hotline each Monday. Weekly ET updates are also posted on IRWD's web- site, www.irwd.com. If you have any questions or concerns regarding voter usage on your site, please call IRWD at 949-453 -924. Scheduling Changes in scheduling will need to be done frequently during certain periods of the Rt: , year, particularly fall and spring. In September, P October and November, the rate of plants' evapotranspiration (ET) typically drops steadily 5 3m as days get shorter and the energy reaching ,9K FEvA, the earth from the sun is less intense. s Conversely, ET increases by approximately 40 percent in April, but gradually less rapidly during May, June and July. IRWD recommends taking extra care to adequately irrigate during the spring and early summer to ensure that plants develop heathy root structures in this growing season. Calculating ET ET changes almost every day because the ET rate is calculated from weather data collected at three weather stations measuring these climate zones: Coastal (covering Newport Coast and Santa Ana Heights); Central (covering the City of Irvine, UCI, Tustin Ranch, and Lake Forest, except Foothill Ranch); and Foothill (covering Portola Hills and Foothill Ranch). Each weather station monitors solar radiation, air temperature, wind speed, humidity, and other evapotran- spiration factors, 24 hours per day, seven days per week. As every site is assigned to one of these weather stations, the allocation for each site will increase and decrease in response to all weather factors in its specific climate zone. If you're not sure which climate zone your site is located in, please call. How Allocations Work Landscape water -use allocations are determined by the square footage of irrigated landscape and the ET for exactly those day that occurred during the billing cycle. Because ET changes daily, the allocation will change with every bill. Allocations have several "buffers" built in, so your usage should always be below your allocation. For example, IRWD assumes that all landscape is 100 per- cent turf, located in 100 percent sun. There is also an "inefficiency" factor built into the formula because you are not expected to change your controllers daily nor have a perfect irrigation system. If you believe you have more acreage than is indicated on your bill, contact Nick Mrvos at 949- 453 -5324. IRWD's rates (in dollars per CCF) for landscape Irrigation Potable Water Reclaimed Water Low Volume Discount - 0 0!a to 40% of allocation ¢ .72 $ .65 Conservation Base Rate - 41% to 100% of allocation ¢ .88 $ .79 Inefficient - 101% to 110% over allocation $ 1.76 $ 1.58 Eaccessive - 111% to 120% over allocation $ 3.52 $ 3.16 Wasteful -121% or more over allocation $ 7.04 $ 6.32 55 n6 1 LANDSCAPE ImGATioN ADJUSTMENT FoRm .t. Amount Name Account Number Meter Number conuct Person Phone Number BRang Period F)rWa Amount to be adjusted CCF Reason for ladjustment $TUCY'v ES. To SSA ,of valve, Gpm.;— How, long ;was It stirck.xpen? Please submit-this Ibrinand. any-invoices Telatedto the problem to congowa,fieT D6 e partmad n PO Mk t7dw IrO6,Imo, '9 Fax- If you have any questions, please-caM(949) 453-5324 Uomments•y. Conservadoxv, Department, _ ApproWd, _.: Not QSO 01 M Suggested V EEKLY OVatering Schedule by Month for spray -head irrigation systems: Month Turfgrass Trees, Shrubs, Groundcover January February May ; June July August -- September"" October" November"" December 2 days, 2 cycles" of 1 day, 2 cycles' 2 minutes of 3 minutes days, 2 cycles" of 1 day, 2 cycles" of minutes 3 minutes Notes Turn water off before rains and let soil cry before turning rater on again. March /April is the most active growth 3 days, 2 cycles" of 2 days, 2 cycles" of period for turfgrass 3 minutes 3 minutes and other plants, Be sure to water adequately.,.. , days, 2 cycles" of 2 days, 2 cycles" minutes 4 minutes 9 days, 3 cycles" of 2 days, 3 cycles" of 0 minutes 3 minutes days, 2 cycles" of 2 days, 3 cycles` of minutes 3 minutes days, 3 cycles- of 2 days, 3 cycles" of: minutes 4 minutes 4 days, 3 cycles` of 2 days, 3 cycles-of 3 minutes 4 minutes Al 4 days, 2 cycles" of 2 days, 2 cycles" of 3 minutes 4 minutes 3 days, 2 cycles" of 2 days, 2 cycles` of 3 minutes 3 minutes 2 days, 2 cycles` of 1 day, 2 cycles` of' 3 minutes 4 minutes 2 days, 2 cycles" of 1 day, 2 cycles" of <. 2 minutes 3 minutes and other plants. Be sure to Avatar. ,_,_ Option* 30% 30% 100% 1000,0 SO %0 %` 50 30°!0 *By "cycling" your irrigation timer to turn on for the suggested number of minutes an hour apart, you reduce runoff and gain deeper vistering and healthier root growth. Start with this weekly schedule and increase the times only if your plants show signs of stress. If stress occurs only in isolated area, check your irrigation system before increasing the time. * *In September, plants water needs drop by approximately 30 percent even if the temperature is hotter, for two reasons. First, the days are shorter, so evaporation decreases. Second, plants begin to go into a dormant phase where they need less water. In some year== -, humidity is also higher, decreasing plant water needs as it slaws the rate of evaporation. This rapid drop in water needs will continue in October and November. ** *Some irrigation controllers have a feature by which the watering time can be set by changing the percentage instead of specifically entering the days, cycles and minutes. 57 g: \\J l l l J I ATTACHMENT G Coastal Peak Park City of Newport Beach 58 'I' 0 150 300 Feet CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 August 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949- 644 -3055 mharmon(a tynewoort- beach.ca.us SUBJECT: Agreement with TruGreen Landcare, LLC for the Landscape Maintenance of City Parks and Facilities ISSUES, Should the City Council enter into a two-year agreement with TruGreen Landcam, LLC to provide landscape maintenance services in City parks and facilities and fund the increase over the previous contract for the remainder of the fiscal year? RECOMMENDATION: Staff reoommends that the City Council: (1) Approve a two-year agreement with TruGreen Landcare, LLC of Gardena for the landscape maintenance of City parks and facilities at a cost of $852,000 per year; and (2) Approve a budget amendment in the amount of $145,443, from General Fund Unappropriated Reserves, to fund the increase in cost over the expiring contract for the remainder of the fiscal year. DISCUSSION: At its July 8 meeting, the City Council authorized General Services Department staff to negotiate with TruGreen Landcare, LLC for the landscape maintenance of City parks and facilities. TruGreen had the lowest cost of the seven proposals received in an RFP process, and is currently the contractor performing the work at these locations. The RFP represented staffs intent to combine two exiting contracts 05 AgreenwritwNhTmOreen Lanft=4 U.Cfarthe UmdmW Mainhmnee of C8r Parka and Fodlitin August 12, 2008 Papa 2 (Maintenance of Parks and Facilities and the Maintenance of Bonita Canyon Sports Park) into a single agreement, since the scope of work is similar for each. Following Council authoraation, staff met with TruGreen staff to negotiate and refine the company's proposal. The following items were agreed upon: o Mulching of landscaped areas will be included as `specialty operations" and will be performed by additional staff outside of. the minimum required manpower. o An additional mower operator and track will be allocated to the City up to two days per week to mow larger parks, in addition to the minimum manpower required by the agreement. o The TruGreen Area Supervisor will meet daily with a City staff member to discuss immediate work requirements. o The City and TruGreen agree to negotiate the price of landscape maintenance services for any new parks or facilities developed during the term of this agreement. o TruGreen and City staff will conduct training of TruGreen's employees as necessary to provide instruction on landscape and irrigation maintenance, and safety or other issues. These changes have been included in the attached agreement. � � A The proposed contract is $13,222 more per month than the current agreements the City has with TruGreen Landcare, due to the substantial increases in fuel, personnel, and equipment since the Parks/Facilities contract was approved in 2006 and the BCSP contract was approved in 2003. Additionally, the Parks Division budgets an extra 10% of contract costs to fund extra work outside the scope of work, such as irrigation repairs, replanting of dead or declining vegetation, and miscellaneous repairs due to damage and wear and tear. Consequently, staff is requesting a budget amendment in the amount of $145,443 from General Fund Unappropriated Reserves Into Account 3170 -8088 (Parks Maintenance Division — Services - Contract) to fund the difference of the monthly maintenance cost and extra wank over the ten months of the fiscal year for which this contract will be in force (August 30, 2008 through June 30, 2009). ABrseamu t with TruGreen Lancka e, LLC for the Landscape Mahntanance of City Parks and FaClUes August 1$ 20ea Page S ENVIRONMENTAL REVIEW This action requires no environmental review, as it is not a project pursuant to CEQA. Prepared by: &Pro Deputy General Services Director Attachment: (1) Proposed Agreement (2) Budget Amendment Submitted General Services Director Io7 CONTRACT SERVICE AGREEMENT WITH TRUGREEN LANDCARE, L.L.C. TO PROVIDE LANDSCAPE MAINTENANCE FOR CITY PARKS AND FACILITIES THIS AGREEMENT, entered into this 12th day of August 2008. ("Commencement Date ") by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "Clt o, and TRUGREEN LANDCARE, L.I.C., a Delaware Limited Liability Company, whose office is located at 1323 West 130"' Street, Gardena, California, 90247, ( "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 cant' on Its business as It is now being conducted under the statutes of the State of California and the Charter of City. B. Prior to August 1997, City maintained turtgrass in City parks and facilities using its own employees and equipment. C. Subsequently, City determined it to be in the City's best economic interests that these landscaping and maintenance functions be performed by a private contractor. D. City desires to engage Contractor to provide landscaping and maintenance services to the City. E. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. F. City has solicited and received a proposal from Contractor, has negotiated With Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render landscape and maintenance services under the terms and conditions set forth in this Agreement. G. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and In accordance with the terms and conditions of this Agreement. H. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services, and has committed to perform all required work for the price specified in this Agreement. IN NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 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 August 30, 2008, 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 SERVICES 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 park and facility locations noted by Exhibits B and C. The services shall be performed at least as frequently as specified in Exhibit D and in compliance with the time schedule set forth in Exhibit E. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. Contractor services relative to the installation of material, the application of substances, or the planting of landscaping shall be in strict conformanoe with Exhibit F. Reports shall be submitted by the Contractor in accordance with Exhibit G. Bid Unit Prices and Costs are contained in Exhibits H through J. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement by reference. B. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contactor 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 INDUSTRY 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 INDUSTRY STANDARDS" shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances. ioq 3. WORKMANSHIP, SUPERVISION, AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the contract services. The Contractor shall comply with all State and Federal legal requirements regulating the right to work in the United States of America to ensure that all members of the work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. B. All contract services shall be performed by competent and experienced employees. Irrigation maintenance and repairs shall be performed by a certified California Landscape Contractors Association Landscape Technician I (Irrigation). All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (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, seventeen (17) full-time positions, as depicted in the below table: # Positions Work Required Vehicle Location Performed (1) Supervisor (1) Leadworker (1) Crew cab truck (2) Irrigation Include (2) Fully stocked trucks All Contract Sites Technicians Irrigation with irrigation controller Except Bonita Maintenance remotes for Rainmaster Canyon Sports Park (1) Irrigation Include (1) Fully stocked truck Bonita Canyon Techician Irrigation with Irrigation controller Sports Park Maintenance remotes for Rainmaster (1) Mow Crew Mowing / Turf (1) Crew cab truck All Contract Sites Driver Maintenance (4) Mow Crew Laborers 3 110 (2) Detailed Detailed (1) Truck or Bonita Canyon Maintenance Maintenance utility vehicle Sports Park Laborers (2) Detailed Detailed (1) Truck or Back Bay View Maintenance Maintenance utility vehicle Park/ Castaways Laborers Park/ Morning Canyon/ Mesa Birch Park (3) Detailed Detailed All Other Contract Maintenance Maintenance Sites (1) Laborer General litter (1) 1 -Ton stakebed truck All Contract Sites control, refuse removal, and grounds policing The City reserves the right to increase minimum staffing based upon additional acres being added to this contract. D. Work shall be performed by competent and experienced workers. All Irrigation maintenance and repairs shag be performed by a California Landscape Contractors Association, Certified Landscape Technician -I (Irrigation). E. The work force shall Include a thoroughly skilled, experienced, and competent supervisor who shag be responsible for adherence to the specifications. Supervisors and lead workers must communicate effectively, both In written and oral English, and shall be present at all times during contract operations. Any order given to these supervisors or lead workers shall be deemed as delivered to the Contractor. F. All pesticide operations, where required, shall be performed by a California State Licensed pest control operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shag be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. G. 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 written notice from the City. H. 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 shag wear 2 identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. I. All work shall be performed in a000rdance with the highest landscape and maintenance standards. J. 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. K. 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 lioenses, permits and approvals as may be required by law for the performance of the services required by this. Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. S. 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. B. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of Eight Hundred Fifty -Two Thousand Dollars ($852,000.00) per year ( "Contract Amount") to perform all the work and services contemplated by and described in Exhibits A through G. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after 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 "Notioes" Upon the seoond anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be 11� adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Commencement Date. For example, if the adjustment is to occur effective June 1, 2008, the index to be used for the numerator is the index for the month of March 2008 and the index to be used for the denominator is the index for the month of March preceding the Commencement Date. The "Consumer Price Index' to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said 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 F in performing contract services. Any deviation from the materials described in Exhibit F shall not be installed unless approved in advance by the City Administrator. B. Subject to the provisions of Section 9, City shall reimburse Contractor for the actual cost plus 150/6 of all irrigation materials installed by Contractor in the 6 115 performance of contract services. Actual cost shall be the best price available to Contractor including all applicable discounts. Contractor shall provide City with a schedule of typical costs of irrigation parts, plant materials and other commonly used items within thirty (30) days from the date of this Agreement and within thirty (30) days of each anniversary of the Commencement Date. Contractor shall retain records reflecting the actual cost of parts or materials used and the performance of services required by this Agreement. C. City reserves the right to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and /or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. 9. REPAIRIREPLACEMENT A. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, except such losses or damages as may be caused by City's sole negligence or willful misconduct. B. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. C. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. D. Contractor shall repair damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. E. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace Plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 19. FAMILIARITY WITH WORK A. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has 7 I�� carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the site and Is fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately 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. 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 commence"nt 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. 8 5 A. Certr>Icafes of Insurance . Contractor shall provide certificates of insurance yAth original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by Citys 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. Sianafure. 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. D. Coverage Reeuirements. 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 Employers Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation Policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance In an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability 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 one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employers 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 insured's 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 9 11� respects to all claims, losses, or liability arising directly or Indirectly from the Contractors 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. Ill. 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. tv. 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. A. 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 vold. 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. 10 14. A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within ten (10) days after the end of each month. Irrigation programming schedules will be submitted quarterly (January, April, July, October) or when changes are made to a controller on the City's Central Irrigation System. Additionally, tailgate safety meeting records and green waste recycling reports will be submitted monthly. 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. 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 WO A. Contractor shall perform additional landscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for 11 H additional services, prior to performance of the work, up to One Thousand Dollars ($1,000.00). Contractor must obtain written authorization from the City Administrator 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 H through J. B. City reserves the right to withdraw, certain park or facility locations from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the scope of services, compensation to Contractor shall be reduced in accordance with the bid unit costs speed in Exhibits I and J. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 17. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 18. 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 Citys 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 inigatan- 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 andfor by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (b) deletion of site(s) from the Contract and reducing the corresponding compensation for that month; (c) contracting with another Vendor to perform the maintenance and other services required for the remainder of the term of the Contract with respect to the site where the deficiencies exist and deducting from the Contractor's total compensation under the 12 contract any costs that City pays or becomes obligated to pay the new Contractor, including expenses City incurs over and above the monthly billing rate by the Contractor for that site; (d) terminating the agreement; and/or (e) taking any other action and exercising any other legal remedy available to the City under law. 18. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any disposal fees or other expenses not expressly set forth in this Agreement. 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 to the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City. 21. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of Califomia 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 Callfomia State Labor Code and in accordance with the terns of the Southem Califomia 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 contrail A copy of said deterninatlon is available by calling the prevailing wage hotline number (415) 703- 13 120 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 in violation 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 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 harness the City for any claims for damages resulting from the Contractor's violation of this Section. 25. ON TICES 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: 14 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: TwGreen Undcare 1323 West 13e Street Gardena, CA 90247 Attention: Sergio Hernandez, Branch Manager 26. TERMINATION /DEFAULT A. In the event Contractor falls 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 Agreement or authorized by law, terminate this Agreement by giving written notice of termination. B. This agreement may be terminated without cause by City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services 9, in the Judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City Administrator determines that contract services are performed as well and as frequently as required by this Agreement. 15 W- 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 acoordance 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 oovenant 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. 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 shad continue in full force and effect. 88. 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. 115-1 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. 17 yaw 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 ATTEST: CITY CLERK is CITY OF NEWPORT BEACH A Municipal Corporation By: Edward D. Selich, Mayor City of Newport Beach CONTRACTOR: By:_ Title: By. rune: List of Exhibits Exhibit A: Scope of Work Exhibit B: Parks and Facilities Maintenance Locations Exhibit C: Parks and Facilities Turfgrass Maintenance Locations Exhibit D: Maintenance Frequency Schedule Exhibit E: Parks and Facilities Mandatory Schedules Exhibit F: Standard Materials Exhibit G: Required Reports Exhibit H: Unit Prices Exhibit 1: Bid Unit Costs (Parks/Facilitles Maintenance Locations) Exhibit J: Bid Unit Costs (Parks[Facilities Turfgrass Maintenance Locations) 19 EXHIBIT A Scope of Work 1. Nl TENT The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such site be kept in a healthy, weed free, vigorous, and well -kept state at all times. II. DESCRIPTION OF PROJECT [SCOPE OF WORK} Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the folkwving: 1. Weeding, cultivating and brush control, both mechanically and with chemicals. 2. Turfgress weed eradication and control, both mechanically and with chemicals. 3. Turf, shrub, and tree fertilization. 4. Shrub and groundcover trimming, pruning, and training. 5. Minor tree pruning and staking. Pruning trees under 8 feet in height. 6. Irigation programming, monitoring, maintenance, and repair. 7. Water meter reading and water conservation. 8. General rodent, pest, and disease control on landscape planting and turf. 9. Mowing, verticutting, and aerifying. 10. General titter control, refuse removal, and grounds policing. 11. Plant replacement. 12. Hadscape clieaning. 13. Maintenance of sand and wood chip areas. 14.Acoess roadway clearance and visibility maintenance. 15. General drainage structure and system maintenance. •.r 1V 16. Drinking fountain maintenance. 17. Reporting vandalism, graffiti, or any safety concerns. It shall NOT be the contractors responsibility to maintain or repair: 1. Area lighting systems 2. Fencing 3. Gates 4. Any building located at the specified site 5. Grafrdi 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. 111. WORKING HOURS Normal working hours stall be within a ten -hour day between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled 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 AM or after 5:00 PM. IV. TERM OF CONTRACT The term of this agreement shall be for a period of two (2) years, with up to three (3), one (1) year extensions, renewable on an annual basis as City's sole discretion. The City reserves the right to terminate the agreement unilaterally at any time upon thirty (30) days written notice to the Contractor. This Agreement can be renewed in one year increments in the City's sole discretion, based upon an evaluation of performance of the maintenance contractor with a determination of satisfactory performance by the City. 21 N V. LEVEL OF MAINTENANCE VI. All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered In accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result In deduction of payment for that date, week, or month. Payment will be retained for work not Performed until such time as the work is performed to City standard. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected. AD work shall meet with the approval of the City of Newport Beach General Services Department. There shall be a minimum of a weekly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first day of said month. The supervisor of this contract shall be available to meet with the Citys representative daily during working hours, as necessary. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. VII. SPECIFICATIONS These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the 22 11 completion of this work, shall be performed by the Contractor as if described in the specifications. VIII. ADDITIONAL TERMS Contractor and City have agreed to the following additional terms: A. Mulching of landscaped areas will be included as "specialty operations' and will be performed under the oonditions noted in Section XV. B. An additional reel mower operator and truck will be allocated to the City up to two days per week to mow larger parks. This is an addition to the minimum manpower required by the agreement. C. The Area Supervisor will meet daily with City staff to discuss immediate work requirements. D. The City and Contractor agree to negotiate the price of the landscape maintenance for any new parks or facilities developed during the tern of this agreement. The City retains the right to negotiate with other contractors for the work. E. Contractor and City staff will conduct training of Contractor's employees as necessary to provide instruction on landscape and irrigation maintenance, and safety issues. F. Contractor will apply gypsum at up to seven selected turf areas per year. IX. CORRESPONDENCE All correspondence shall be addressed to Dan Sereno, Parks and Trees Maintenance Superintendent, General Services Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663,WS4. X. PROVISIONS FOR EXTRAS No new work of any kind shall be considered extra work unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of any safety items or emergency repairs which are made without prior City approval. Documentation of contract compliance may be required on some occasions. W 130 XI. STREET CLOSURES, DETOURS, BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with °The California Manual on Uniform Traffic Devices' for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. XII. 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 nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. XIII. RECORDS The contractor shall keep accurate records concerning all of his/her employees or agents. The contractor shall provide this information in an organizational chart as changes in staffing occur. Additionally, the contractor shall provide the City with names and telephone numbers of emergency contact employees. The contractor shall complete a monthly maintenance report Indicating work perforated and submit this completed report to the Parks and Trees Maintenance Superintendent. This report should also contain a description, including man- hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the contractor deems to be beyond the scope of the contract and which has been approved by the City in accordance with the Agreement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved by the City in accordance with the Agreement. The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance 24 (31 calendar to the Parks and Trees Maintenance Superintendent. This maintenance calendar shall clearly indicate all of the park maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. if it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Parks and Trees Maintenance Superintendent for approval prior to the date the charges 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. XIV. 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 of receiving notification. XV. 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 aedfication, turf dethatching, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications, water truck operations, and plant replacements. Positions used for specialty operations shall be in addition to those outlined on page 10, section K•1, of the RFP. XVI. LANDSCAPE LICENSE XVIL 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. Contractor is required to maintain an office within a 30 minutes response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be FK- utilized and the answering service shall be capable of contacting the Contractor by cell phone 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. XVIII. SCHEDULES Annul Schedule 1. The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. The Contractor shall complete the schedule for each park in a manner which shall correspond to the weekly schedules. 3. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the Agreement. . 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Weekly Schedule 1. Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 2. The Contractor shall complete the schedule for each Item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the Agreement. Thereafter, It shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. 4. Changes to the schedule shall be received by the Parks and Trees Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. 5. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may,_ at the City's sole discretion, result in deduction of payment for that date, week or month. 26 133 8. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly schedule. XD(. PERFORMANCE DURING INCLEMENT WEATHER 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 3. The Contractor shall immediately notify the Parks and Trees Maintenance Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. If the Parks and Trees Maintenance Superintendent can not be reached, the contractor shall notify the Parks Maintenance Supervisor. XX. UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility fines 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. XXI. 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: 27 13YI: 1. A copy of Contractor's Orange County Agricultural Commissioners Restricted Materials Permtt/Operator I.D. numbers and a copy of the Contractor's Pest Control Business License. 2. A written "Pest Control Recommendation" for each chemical aril site before Contractor uses any pesticide. The Contractor shall provide (in a three ring binder) with each Pest Control Recommendation the material safety data sheets and manufacturers label for each chemical. 3. A "Pesticide Use Daily Rsoord" for any site that a pesticide was used, within 24 hours of application including: chemical name, quantity applied, applicator's name, and date of application. 4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials," 24 hours before application. A Notice of Intent will also be issued whenever chemicals are applied to turfgress, regardless if it is `Restricted." 5. The contractor shall provide a "Proposed Pesticide List' of all the pesticides they intend to use for this contract, including toxicity category and Environmental Protection Agency number for each chemical, before any such use. 8. The contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. 7. A Pest Control Operator with a Qualified Applicator License will be assigned to this contract to apply restricted materials. 8. Provide annual pest control training records for all employees who will be applying such pesticide specified on those records. 4-j 135 TECHNICAL MAINTENANCE SPECIFICATIONS GENERAL LANDSCAPE MAINTENANCE REQUIREMEN 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," Attachment A. 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. All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public use of City facilities. Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds, hash, and other debris. Contractor will keep sidewalks free of algae where constant runoff occurs. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off -site. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by his/her maintenance operations. The Contractor shall maintain the premises clean of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his/her construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City hash containers shall not be used by the Contractor for his/her debris. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the Intersection. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. Contractor must notify the City Immediately of any unusual and hazardous conditions at the work site. 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. 29 130 All insects, other like pests, and diseases 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 .Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. All animal feces or other materials detrimental to human health shall be removed from the park areas Immediately. All broken glass and sharp objects shall be removed immedlately. 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. 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. All sand and wood chip areas abutting maintained areas shall be cleaned daily when dirtied by Contractor's operations and at other times as required. Trash cans provided by the City shall be emptied daily and washed after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. All concrete "V° drains, to include the portion under the sidewalk, shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. 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. All barbecue grills shall be emptied of all ashes once per week. II. SPECIFIC LANDSCAPE MAINTENANCE REQUIREMEN'T'S Drainage Facilities 1. All drainage structures shall be checked and cleaned weekly or as needed to insure consistent unrestricted water flow. 2. Any damage to structures shall be noted Immediately to the Parks and Trees Maintenance Superintendent. 30 137 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. tion System Maintenance The Contractor shall maintain the complete sprinkler system in an operable condition in those locations where operable systems exist. This Includes but is not limited to controllers, backtiow devices, moisture sensors, manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter assembly as he/she may cause damage to these items. a. Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. b. Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes In weather. Contractor will be responsible for damages occurring due to under - watering or over- watering. C. Contractor must turn off irrigation systems during rains. d. All replacements to be made with original type material or as directed. e. Repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense. f. Material substitutions must be approved by the Parks and 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 monthly reports in January, April, July and October. 1. Areas that require irrigation will have such accomplished no earlier than 11:00 p.m. nor later than 6:00 a.m. J. Contractor will maintain moisture sensors at all sties at which such a unit is Installed. 31 � 3� k. Contractor will maintain master valve and flow sensors at each site they are installed. Master valves will be tested weekly and repaired as required. 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 at each site. however, the contractor shall be responsible for the proper operation of the system at all times and shall perform obvious repairs as they occur or are needed. 4. Contractor will not charge labor for any irrigation repairs, unless it is pre - approved by the City for emergency repairs on overtime. Water Conservation Contractor shall appoint a staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements. Abilities 1. Meet Irvine Ranch Water District (IRWD) Landscape Irrigation Guidelines and monthly water allocations (Exhibit K). 2. Maintain a healthy landscape. 3. Calculate evapotranspiration (ET) rates to GPM. 4. Maintain all parks and landscape in a usable condition (no flooding due to overimgation). 5. Troubleshoot and diagnose Irrigation systems issues and take corrective action. Requirements 1. The Water Manager shall program all controllers weekly according to the IRWD allocation. 2. The Water Manager shall read all IRWD meters on a weekly basis, and provide this data to City Representatives if requested. 32 139 2. The Water Manager shall notify the Contractor or City Representative of all required repairs. 3. The Contractor shall meet the IRWD monthly water allocations for each meter on all streetscape and park applications. The Contractor shall maintain healthy plant material, and avoid monthly IRWD penalties. Damp"s for Water Management 1. Should the Contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the contractor's monthly billing. 2. Deduction shall exclude all approved appeals such as mainline and control valve failures. 3. The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over - allocation water billing to determine which water billing appeals are to be approved and which are to be waived. 4. The Contractor shall copy City Representative on all such appeals, include all meter readings and allocation calculations. S. Over - allocations that do not quality for appeal or have not been waived will be deducted from the Contractors monthly payment. Turf Maintenance I. All turf is to be mowed once per week in the growing season, or as needed to maintain the height specified below. a. Frequency or mowing shall be scheduled so that no more than one- third (113) the height of the grass plant is removed. b. Borders shall be edged at each mowing with a gas - powered walk - behind edger. c. Clippings shall be collected and removed unless otherwise directed by the City. d. Mechanically true around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted. 33 140 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 (approved by City) shall be maintained in this area at all times. 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 property adjusted to avoid damage to the turf plant. h. Pick up all litter prior to mowing. I. Edging using a string line along the base paths as a guide to be performed weekly at Bonita Canyon Sports Part and other baseball Infields as needed. 2. Mow turf to the following heights: a. Warn season turf Including Bermuda grass -112 to 1 114 Inches. b. Cool season turf Including Bluegrass, Perennial Rye, Fescues - 1 112 to 3 Inches. c. Kikuya and St. Augustine turf - 1 1/4 to 13/4 Inches. d. A reel -type mower shall be used to mow all athletic fields, unless otherwise directed by the City. Scheduling will not conflict with public use /sport group activities and will occur on Wednesday or Thursday. 3. Vertical mowing of warn season grasses shall be done once per year In September, permitting sufficlent time for turf regeneration. a. Depth of cut shall be sufficient to remove thatch without damaging crown of turf plant. b. Cool season grasses shall be renovated to remove thatch annually as directed. 4. All turf shall be fertilized four times per year using a homogenous, pellet or granular slow- release material. City must approve the material used. Apply at the following rates and time: a. January: 1646 -8 (or approved equivalent) fertllizer at one pound actual nitrogen per 1,000 square feet. 34 b. April 22 -3-9 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. c. July: 21 -3-5 (or approved equivalent) fertilizer at one pound actual nitrogen per 1,000 square feet. d. October: 16-6 -8 (or approved equal) fertilizer at one pound actual nitrogen per 1,000 square feet. e. Material shall be applied using a rotary-type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking tots, and other hardscape areas shall be properly cleaned and removed. f. The Contractor shall perform a soil fertility analysis at individual parks (up to 13) 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 Tree Maintenance Superintendent. Quantities used must be submitted to the Parks and Tree Maintenance Superintendent on a °Monthly Fertilizer Use Report." 5. Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a. Turf areas must be maintained in a weed4ree 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). Aerate all athletic fields an additional two times In January and July. a. Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more than 6" spacing and a minimum depth of 4 ". b. Remove and dispose all cores. c. Contractor is responsible for locating and marking all sprinkler components. d. Topdress two times per year with approved topdress material at a depth of one-quarter (114) inch (for sports fields only, Immediately following October and April aerations). 35 e. Apply Gypsum at 25 pounds /1,000 square feet to select turf areas one time per year as conditions dictate. 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 entire irrigation system at each site weekly, or more often when conditions warrant, too ensure proper operation of irrigation system. 8. Control all rodent pests as necessary to provide a healthy and safe environment for turf and public. 9. Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs. Correct as necessary. 110-Scheduling of mowing and turf care maintenance times will be approved by the City. Use by the public will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. Ground Cover Maintenance I. 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 shall be applied in all shrub and ground cover beds twice per year, once in April and once in September. b. Morning glory and grass infestations shall be treated immediately when observed. C. GroundODver areas shall be fertilized twice per year, once in April with 22-3 -9 and once in September with 9 -9-9 + Iron, at a rate of 2 pounds actual fertilizer per 1,000 square feet. Substitutions may be considered at the City's sole discretion. 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. 36 U3 e. Irrigate as required to maintain adequate growth and reasonable appearance. Manually water where necessary. f. Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. g. Bare ground cover areas shall be kept cultivated and raked of all debris. h. Bark mulch should be replaced as needed to ensure a layer of mulch at least 2° of mulch at all times. Shrub. Vine. and Tree Maintenance 1. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. a. Quarterly trim all shrubs to maintain the size and shape specified by the Parks and Tree Maintenance Superintendent. b. Pruning shall be accomplished to maintain a °natural° appearance; decorative, poodle cuts, or other unnatural pruning will not be permitted. c. Control pests as required, including snails and insects. d. Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. e. Areas shall be fertilized twice per year, once in April with 22-3 -9 and once in September with 9 -9-9 + Iron, at a rate of 2 pounds actual fertilizer per 1,000 square feet. Substitutions may be considered at the City's sole discretion. f. Application of an Iron chelate fertilizer or balanced fertilizer shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. g. Irrigate as required to maintain adequate growth and appearance. Manually water where necessary. h. Careful attention not to prune or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants such as raphlolopsis, all blooms shall be trimmed off or otherwise removed. Flower stalks on agapanthus, day lilies, morea, fountain grasses and other similar 37 plants shall be removed immediately after blooming or as directed by City. I. All bare shrub bed areas shall be raked weekly to remove all lifter and other debris. j. 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. k. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. I. Bark mulch should be replaced as necessary to ensure 2" of mulch at all times. m. All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc. as needed or as directed by City staff. 2. The Contractor is responsibility for trimming all trees up to eight (8) feet in height. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. a. Remove all suckers from base of trees as they develop throughout the year. b. Stake and support trees as necessary. Staking and guying shall be as directed by the City. c. All tree guys, ties, and stakes shall be checked regularly to avoid girdling and damage. d. Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. e. Inspect each site for dead or dying trees, broken, cracked, or hanging branches or other hazards. Immediately notify the Parks and 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. 38 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" thick layer of bark mulch unless ground cover is present. Weeds shall be removed, including their roots, before they reach 3" In height. All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. 3. Complete pruning, heading back, lacing out, or removal will only be done at the direction of the City and at the prescribed unit price. All such pruning shall be made in accordance with current International Society of Arboricultural techniques and practices that promote the natural character of the tree. 4. All pruning shall be done with clean, sharp tools appropriate for the intended work Cuts shall be made sufficiently dose to the parent kmb, without cutting Into the branch collar or leaving a stub, so that closure can readily start under normal conditions. Hardscape Maintenance 1. During each site visit, concrete (including stamped concrete) and asphalt areas, including turn pocket fingers, driveways, parking areas, sidewalks, patios, shall be checked and cleaned. a. All expansion joints and cracks are to be maintained free of weeds. b. Dirt, litter, and other debris must be removed on a weekly basis. c. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks and Tree Maintenance Superintendent. 2. Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. 39 4 =19fi 1. The Contractor shall provide general grounds policing and inspection six (6) days per week, except general grounds policing and inspection will be seven (7) days per week from Memorial Day through Labor Day. a. Remove all litter and other debris from site six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. b. If refuse or litter is not removed during site visit, said litter or debris will be considered an emergency and removed Immediately upon notification by the City. Failure of said removal may result in deduction of payment for that date, week, or month. c.. Provide safety and facifdy inspection and Immediately report any deficiencies to the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, Including but not limited to: 1. Light standards and fixtures 2. Walls, fences, gates, park benches, gazebos 3. Signage Q. Graffiti d. All areas, benches, picnic tables, and associated park amenities shall be inspected and cleaned six (6) days per week and seven (7) days per week, Memorial Day through Labor Day. Contractor shall use a welted rag to wipe these down as needed. 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 detemaned 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). IN 1HI All additional sand or wood chips that are added shall be at the contractor's expense. d. All sand and wood chip areas shall be cleaned and raked level, six (6) days per week and seven (7) days per week from Memorial Day through Labor Day. Snedalty /Sports Areas 1. General: (Applies to all hardscape maintenance areas) a. These areas shall include tennis courts, handball Courts, basketball courts, baseball dugouts and bleacher areas, bicycle trails, all asphalt, and concrete and decomposed granite walkways. b. Ali areas shall be swept and refuse disposed of off site, six (6) days per week and seven (7) days per week from Memorial Day through Labor Day, If necessary, to remove all deposits of silt and/or sand and glass and other debris. c. On Monday and Thursday of each week, all areas shall be thoroughly cleaned by sweeping or flushing with water. d. All hard surface areas shall be Inspected six (6) days per week and seven (7) days from Memorial Day through Labor Day 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 shalt be removed immediately. g. All areas shall be Inspected six (6) days per week and seven (7) days per week from Memorial Day through Labor Day and maintained In a neat, dean, and safe condition at all times. h. All areas shall be raked to remove leaves and debris siK (6) days per week and seven (7) days per week from Memorial Day through Labor Day, 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 41 JQ j. Ali leaves, paper and debris shall be removed from hardscape areas and disposed of off-site. Drinking Fountains 1. Inspect, clean, and adjust sbc days per week. 2. Report any deficiencies to the City Immediately in writing. Native and Drought Tolerant Park Maintenance — Back Bay View Park, Castaways Park, Morning Canyon Park, Bonita Canyon Sports Park, and Mesa Birch Park These requirements are in addition to the above written Technical Maintenance Specifications: I. All native and drought tolerant plant material at these sites will be maintained in their natural shape. All dead wood for natives will remain on the plant or where it has %lien. 2. The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non -native weed species will be allowed. 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 (60) 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 the same days maintenance. 6. For Morning Canyon Park, leaf and branch drop and organic debris from native species shall be left in place. 7. For California Meadow Sedge areas at Castaways Park follow Turf Maintenance Specifications (pages 30 -33), unless otherwise directed differently by City. Wash mower thoroughly prior to each mow at Castaways Park. Apply two (2) inch layer of mulch to walkways at Castaways Park and Back Bay View Park once per year. Hand pull all weeds in California Meadow Sedge areas prior to each mow, no chemical eradication will be permitted. 42 1q_I 8. Hand water trees without bubblers as needed at Castaways Park and Morning Canyon Park. Monitor excessive summer Irrigation to Oak trees at Castaways Park, especially those situated in California Meadow Sedge areas. 9. Inspect rabbit fencing at Back Bay Vew Park once per week. 10-At several times during the year, especially during the rainy season (November — May), the contractor shall ensure there is sufficient staff to accommodate manual removal of all weeds throughout the sites. if the Contractor fails to increase staff to accommodate timely weed removal, per sperm cations, the City may hire an outside Contractor to assist in weed removal and deduct these fees from the Contractor's monthly maintenance invoice. 43 150 EXHIBIT B Parks/Facilities Maintenance Locations Parks Address Acreage Arroyo Park 1411 Beyewater, Bison Ave. at 13"womter 8.0 Bads Bay View Park Jamboree Road 0 East Coast Hwy 8.13 Balboa island Park 115 A ate Ave 0.18 Bayside Drive Bayside Dr. between Carnation and Larkspur 4.4 Bayview Mesa Dr. 0 Bayvlew Ave. 3.0 Benonla Begonia Ave. at First Ave. 2.1 Bob Henry 16 Street C Dover Drive 4.8 Bonita Canyon Sports Park 1990,1880,1641 Ford Road 38.0 Bonita Creek University Dr. Q La Vida 10.0 Buffalo Hills Newport Hills Dr. East/West fl Ford Rd. 15.0 Castaways Park 160 Street A Dover Drive 18.83 Eastbluff Vista Del Oro to Vista Del Sol 13.9 Irvine Terrace Seadrift Dr. Q Evils Dr. 6.8 Jasmine View Harbor View Dr. Q Marguerite Ave. 1.0 Mannina Tract Newport Hills Dr. W. and Port Wheeler PI. 2.7 Upper Bay View Park 2081 Mesa Drive 0.71 Morning Canyon Comer of Surrey Drive 0 Rockford Road 1.0 Old School Carnation Ave. Q 4th Ave. 0.8 San Joaquin Hills San Joaquin Hills Rd. 0 Crown Dr. 4.1 San Miguel San Miguel Dr. 0 Spyglass Hill Rd. 7.3 Spyglass Hill Spyglass Hill Rd Q El Ca itan Dr. 1.4 Spyglass Hill Reservoir I Muir Beach Circle 1.0 Sunset View North of West Coast Hwy off of Superior Ave 0.7 Total Acreage 153.85 E:] 151 EXHIBIT B (Continued) Facilities Address Acrea Central Library 1000 Avocado Ave. 3.3 Police Department 870 Santa Barbara Dr. 0.4 Fire Station #7 — Santa Ana Helahts 20401 Acacia St. 1.3 Fire Station #4 —Balboa Island 124 Marine Ave. •03 Fire Station #3 — Fashion Island 868 Santa Barbara Dr. 0.1 Total Facilities Acreage 5.13 Grand Total 158.98 acres 45 5a EXHIBIT C Parks/Facilities Turfgrass Maintenance Locations Parks Address Acreaae Boise Bolsa Ave. Q Old Newport Blvd. 0.1 Channel Place Channel Place @ 44 St. 1 Cliff Drive Cliff Dr. 0 Riverside Dr. 1.5 Ensign View 2501 Cliff Dr. El Modena Ave. 0.5 Galaxy View Galaxy Dr. between Polaris & Mariners Dr. 1 Grant Howald Iris Ave. 5 Ave. 2.5 Harbor View Nature San M' uel Dr. a Pacific View Dr. 1 Vinas Road Kings Road west of St. Andrews Road 0.1 "L" Street "L" St. 0 Piazza del Sur 0.5 Las Arenas Balboa Blvd. Q 16 St. 0.2 Lido Via Lido entrance to Lido Island 0.5 Mariners Dover Dr. a Irvine Ave. 5 Newport Island Marcus 39P St. 0.1 Newport Shores 61 St. 0 Coast Blvd. 0.1 Oasis Passive Marguerite Ave. @ 5 Ave. 3.4 Ocean Blvd. Bluffs Ocean Blvd. from Fernleaf Ave. to Poppy Ave. 1 Peninsula Main St. East Ocean Front, Balboa 3.5 Veteran's Memorial 16m St. CEO Bay Ave. 0.4 Westcliff Polaris Dr. Q Westwind Way 1 West Jetty View Ocean Blvd. Q Channel Rd. Balboa 0.2 West Newport Seashore Dr. between 5r St. & Santa Ana River Jetty 4 38 Street Balboa Blvd. a 38 St. 0.3 Total Acres a 27.9 E1 153 EXHIBIT C (Continued) Facili Address Acre! CdM State Beach Ocean Blvd. Q Jasmine Ave. 1 Fire Stations: 3300 Newport Blvd.@ 32nd St. 1 1 Balboa Blvd. 0 Island Ave. 0.1 2 32nd St. 0 Villa Way 0.1 5 Marigold Ave. between Coast Hwy/2nd Ave. 0.1 fi Irvine Ave. @ Dover Dr. 0.1 Libraries: 0.1 "A" Street Pump Station Balboa Balboa Blvd. Q Island Ave. 0.2 Corona del Mar Mari old Ave. between Coast HwYl2rkd Ave. 0.1 Miscellaneous: CdM State Beach Ocean Blvd. Q Jasmine Ave. 1 City Hall 3300 Newport Blvd.@ 32nd St. 1 Lincoln Athletic Center 3101 Pacific View Dr. 8 Newport Pier Plaza Balboa Blvd. Q McFadden Pl. 0.2 Oasis Senior Citizens Ctr. 800 Marguerite Ave. @ 5th Ave. 1 W. Nwpt Community Ctr. 883 W. 15th St. off Placentia Ave. 0.1 "A" Street Pump Station A St. and Balboa Blvd. 0.1 Total Acrea a 12.1 Grand Total 40.0 47. Is EXHIBIT D Maintenance Frequency Schedule FUNCTION FREQUENCY Irrigation Inspection W Turf Maintenance Mowing Weekly Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertiltze Four times /year Vertical Mow Once/year Aerate Twicelyear, Four times for Sports Fields Pest and Weed Control As needed Visual Inspection Weekly Topdress Application Twice/year, for Sports Fields Gypsum Application Once/ ear for select turf sites Ground Cover Maintenance Trim Monthly Fertilize Twice/year Pest and Weed control As needed Visual Inspection Weekly Pre-emergent Application Twice/year Shrub, Vine, and Tree Maintenance Trim Four times/year Fertilize Twioslyear (ance/year fortress) Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Hardscape Maintenance Sox days/ week, Seven days/ week Memorial Day thru Labor Da Grounds Policing/Litter Removal, Including Specfatty /Sports Areas Six days/ week, Seven days/ week and Park Amenities Memorial Day thru Labor Da Site Inspection Six days/ week, Seven days/ week Memorial Day thru Labor Da 48 EXHIBIT D (Continued) FUNCTION FREQUENCY Sand/wood chip areas Cleaned and raked Six days/week. Seven days/ week Memorial Day thru Labor Day Rototllled Four times/year Drinking Fountains Six days/week, Seven days/ week Memorial Day thru Labor Da Native Area Maintenance Weed Control As needed Tree Handwaterin Weekly 49 EXHIBIT E PARKS AND FACILITY AREAS Sites Requiring Mandatory Mowing Schedules Before 7:00 a.m. Before 9:00 a.m. Before 10:00 a.m. After 1:30 p.m. City Hall 36th St. Park Las Arenas Park Lincoln Athletic Ctr. Newport Pier Plaza Peninsula Park Buffalo Hills Park Sports Fields after 1:00 in. Oasis Senior Citizens Ctr. (Wed) West Jetty View State Beach W. Newport Park Ocean Bled. Bluffs Ensign View Park All Libraries Irvine Terrace Park All Fire Stations Balboa Island Park All Play Areas San Joaquin Hills Park San Miguel Park Becionla Park 0 157 EXHIBIT F STANDARD MATERIALS AN material used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance Superintendent. STANDARD MATERIAL LIST: HEADS • Toro 570Z -COM Pop Up (small turf areas) • Rain Bird 3500 (small / medium turf areas) • Rain Bird 5000 (medium turf areas) • Toro 2001 (large turf areas) • Toro 640 (large turf areas) • Toro 570Z -COM Pop Up / Shrub Adapter (small slope & groundcover areas) • Toro 300 Stream Rotor (medium slope & groundcover areas) • Toro XP 300 Stream Rotor (large slopes & groundcover areas) • Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City of Newport Beach. Please contact Parks Supervisor Randy Kearns at (949) 644 -3082 to confirm. CONTROLLER • Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain Master 805-527 -4498 • Rain Master RME Sentar (contact City before using) DRIP AND SPECIALIZED LOW - VOLUME IRRIGATION ■ Rain Bird Xerigation ;• ;D Q [14;• � • Rain Bird TBOS Battery Operated Controller • Rain Bird GB Series Remote Control Valve • Rain Bird Potted Latching Solenoid 51 (5� EXHIBIT F (Continued) MISCELLANEOUS • Febco 825Y RP • Spears # DS -100 Dri- Splice Connectors with crimp sleeves • Spears # DS-300 Dri- Splice Sealant • 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) • Matoo 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 -112" and smaller) • Rectangle Valve Box- Plastio -18 "L x 12V x 12 "D ■ Round Valve Box - Plastic -10" ■ Control Wire- U.F. 600 -VoR Direct Burial Copper with PVC Insulation. ■ Rain Master EVFM Flow Sensor ■ Rockwell Metal Repair Clamp for all Main Line repairs ■ PVC Slip Fix for Lateral line repairs only 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, eta 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. 52 EXHIBIT G REQUIRED REPORTS 1. Annual Maintenance Schedule which includes: Organkzatlon chart, mow and trash schedules, once per year submittal. 2. Weekly Maintenance Schedule, including approved extra work. 3. Weekly Performance Report, including approved extra work completed. 4. Monthly Chemical Use Report (As sent to County Agriculture Commission), daily as needed for certain applications. 5. Monthly Fertilizer Use Report. B. Proposed Pesticide List with EPA numbers, Pesticide Recommendations, Labels and Material Safety Data Sheets. 7. Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required). 8. Irrigation controller programming charts, submitted quarterly (January, April, July, October). 9. Bi- weekly maintenance inspection list for all sites. 10. Annual pesticide safety training records. 11. Required tailgate safety meeting records, include with Monthly Maintenance Report. 12. Monthly maintenance report which includes Monthly Greenwaste Report. 13. Weekly Master Valve/Flow Sensor Inspection checklist. 14. Monthly pest and disease inspection for all sites conducted by a qualified applicator certificate or Acense holder. 53 EXHIBIT H UNIT PRICES 1. 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. 2. Contractor Is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. 3. The unit price quoted by the Contractor shag be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. 4. All work shag be performed in accordance with specifications described in the RFP. W TURF FUNCTION COSTIUNIT OF MEASURE Turf Mow -Real Blade 5.0011000 Sq. Ft. Turf Mow -Rotary Blade 5.0011000 Sq. Ft. Turf Edge 1 5011000 Linear Ft. Turf Aerify $5.0011000 Sq.Ft. Turf Fertilize 0011000 Sq. Ft. Turf DethatchlRenovate $260. Acre Turf Topdress only JZ.001 1000 Sq. Ft. Turf Gypsum Application at 25lbs . j&00 1000 Sq. Ft. HARDSCAPE Cleaning $5.00 / 1000 Sq. Ft. Powerwashing $10, 00/ 1000 Sq. Ft. GROUNDCOVERS Fertilize $4.00 11000 Sq. Ft PEST CONTROL Tree diseaseCnsect foliar spray $85.00/ Tree (using Talstar or Equal) Tree diseasefrnsect root injections $85. 00/ Tree (using Merit or Equal) Pre- Emergentlturf or planter $50. 00/ 1000 Sq. Ft. (using Snapshot or Equal) General Weed Control Post Emergent $25.00/ 1000 Sq. Ft. (using Roundup or EquaQ SHRUB PRUNINGIREMOVALS Pruning $10. 00110' Linear feet Removals $85.00/ 10' Linear feet FULL TREE PRUNINGIREMOVALS Pruning $195.0 0 Tree Removals $995.001 Tree Ki 7 PLANTING (All shrubs and trees will be planted wlth approved soil amendment) 1 Gal. Shrub 10.001 Each 5 Gal. Shrub $ 25.001 Each 15 Gal. Shrub $ 85.00 / Each 15 Gal. Tree (with root barriers, $105. 00/ Each tree stakes and ties) 24" Box Tree (with root barriers, $325. 00 Each tree stakes and ties) 36" Box Tree (with root barriers, $895.00/ Each tree stakes and ties) 64 Count Flat Groundcover 30.0 Flat 16 Count 4" Flat Annual Color S 35.00/ Flat Turf - Seed and Top Dress 120.00! 1000 Sq. Ft. Turf - Sod $1,200 .00/ 1000 Sq. Ft. Hand spread and rake In City supplied seed (In California Native areas) $12.0011000 Sq. Ft. LABOR Landscape Maint. Supervisor $25. 00 Hour Pest Control Applicator $45. 001 Hour Irrigation Specialist $25.001 Hour Landscape Maint. Leadvmrker $25. 00/ Hour Equipment Operator $66. 00 Hour Landscape Maint. Laborer $20.001 Hour Tree Trimmer $65.00/ Hour EQUIPMENT 1 Ton -Truck $360.00 / Day MULCHING 0 -2" Mulch at 2" layer $45.0 0/ 1000 Sq. Ft. GREENWASTE Disposal $70.0 0/ Ton 103 Park and Facility Maintenance $2.500.0 / Acre/Year Park and Facility Turgrass Maintenance $4.S Q.00! Acre/Year Park and Facility Native Park Maintenance $2.500.0 0/ Acre/Year EXHIBIT 1 BID UNIT COSTS Parks/Facilities Maintenance Locations Parks Address Yearly Cost Arroyo Park 1411 Bayswater; Bison Ave at Bayswater $ 41,216.00 Back Bay View Park Jamboree Rd East Coast H $ 34 863.00 Balboa Island Park 115 Agate Avenue $ 2,083. 0 Bayside Drive Bayside Dr. between Carnation and Larkspur $ 17,327.00 Bayview Mesa Dr. ft Bayview Avenue $ 12 496.00 Begonia Begonia Ave. at First Ave. 8,746.00 Bob Henry 16 Street 0 Dover Drive $ 17 993.00 Bonita Canyon Sports Park 1990 1880 1641 Ford Rd $164,928.00 Bonita Creek University Dr. Q La Vida $ 52 629.00 Buffalo Hill Ne rt Hills Dr. EasWVest 0 Ford Rd. $ 62,480.00 Castaways Park 16 St. Q Dover Drive 1 54 000.00 Eastbluff Vista del Oro Q Vista del Sol $ 58 897.00 Irvine Terrace Seadrift Dr. Q Evita Dr. $ 28 323.00 Jasmine View Harbor View Dr. i§ Marguerite Ave. $ 4165.00 Manning Tract Newport Hills Dr. W. and Port Wheeler Pl. $ 12 246.00 Upper Bay View Park 2081 Mesa Drive $ 1.670.001 Morning Canyon Comer of Su rre Dr. Q Rockford Rd. $ 4165.00 Old School Carnation Ave Ow 4 Ave. $ 4 331.00 San Joaquin Hills San Joaquin Hills Rd. 0 Crown Dr. $ 17,077.00 San Miguel San Mi uel Dr. A Spyglass Hill Rd. $ 41,382.00 Spyglass Hill Spyglass Hill Rd. Q El Ca itan Dr. $ 6.831.00 SPYglass Hill Reservoir Muir Beach Circle $ 4165.00 Sunset View North of West Coast Hwy off of Superior Ave $ 2,915.00 Facilities Address Yearly Cost Central Library 1000 Avocado Ave. 13 745.00 Pope Department 870 Santa Barbara Dr. 1,666.00 Fire Station #7 — Santa Ana He' hts 20401 Acacia St. $ 12,000.00 Fire Station #4 — Balboa Island 124 Marine Ave. $ 500.00 Fire Station #3 — Fashion Island 868 Santa Barbara Dr. $ 416.00 FV in EXHIBIT J BID UNIT COSTS Parks /Facilities Turfgrass Maintenance Locations Parks Address Yearly Cost Boise Bolsa Ave. go Old N rt Blvd $ 416.00 Channel Place Channel Place @ 44 St. 2 $ 4,165.00 Cliff Drive Cliff Dr. Riverside Dr. Marigold Ave. between Coast Hwy/2 Ave. $ 6,248.00 Ensign View 2501 Cliff Dr. in El Modena Ave. $ 416.00 $ 2,083.00 Galaxy View Galaxv Dr. between Polaris & Mariners Dr. Balboa Blvd. 0 $ 4,165.00 $ 832.00 Grant Howald Iris Ave. Q 5 Ave. Marigold Ave. between Coast Hwy/2r4 Ave. $10,413.00 Harbor View Nature San Miguel Dr. @ Pacific View Dr. $ 4,165.00 Kings Road I(Ings Road west of St. Andrew's Road $ 416.00 "C Street °L° St Q Piazza del Sur $ 2,083.00 Las Arenas Balboa Bivd. Q I C St, $ 832.00 Lido Via Lido entrance to Lido Island $ 2,083.00 Mariners Dover Dr. a Irvine Ave. $20,000.00 Newport Island Marcus 3r St. $ 416.00 Newport Shores 61 St Coast Blvd. $ 416.00 Oasis Passive Marquerite Ave. V V Ave. $13,162.00 Ocean Blvd. Bluffs Ocean Blvd. from Femleaf Ave. to Poppy Ave. $ 4,165.00 Peninsula Main St. @ East Ocean Front, Balboa $ 14,579.00 Veteran's Memorial 1 r St. 0 Ba y Ave. $ 1,640.00 Westcliff Polaris Dr. Q Wastwind Way $ 4,165.00 West Jetty View Ocean Blvd. 0 Channel Rd., Balboa $ 832.00 West Newport Seashore Dr. btwn 57 St. & Santa Ana River Jetty $16,662.00 3r Street Balboa Blvd. Q 38 St. $ 1,249.00 Facility Address Yearl Cost Fire Stations: 1 Balboa Blvd. Q Island Ave. $ 416.00 2 32 St. Villa Way 416.00 5 Marigold Ave. between Coast Hwy/2 Ave. $ 416.00 6 Irvine Ave. Q Dover Dr. $ 416.00 libraries: Balboa Balboa Blvd. 0 Island Ave. $ 832.00 Corona del Mar Marigold Ave. between Coast Hwy/2r4 Ave. $ 416.00 WA Miscellaneous: "A" Street Pump Station A St. and Balboa Blvd. $ 500.00 CdM State Beach Ocean Blvd. @ Jasmine Ave. $ 4,165.00 City Hall 3300 Newport Blvd. 3 St. $ 4,165.00 Uncoln Athletic Center 3101 Pacific View Dr. $38,235.00 Newport Pler Plaza Balboa Blvd. McFadden PI. $ 832.00 Oasis Senior Citizens Center 800 Marguerite Ave. @ 5 Ave. $ 4,165.00 W. Nwpt Community Ctr. 883,W. 15 St, off Placentia Ave. $ 416.00 CiQ �I City of Newport Beach NO. BA- 09BA -004 BUDGET AMENDMENT 2008 -09 AMOUNT: $14x,443.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following- To increase expenditure appropriations from General Fund unappropriated fund balance to ender into an agreement with TruGreen Landcare for landscape maintenance services in City parks and facilities at an increased cost over the existing contract ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account t Description 010 3605 General Fund -;Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Signed: Sigma: Description 3170 General Services - Parks 8088 Services - Contract Approval: City Manager Amount Debit Credit $145,443.00 $145,443.00 Director Date Day - b`✓dv Signed: City Council Approval: City Clerk Date E ;C' CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 July 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 549- 644 -3055 mharmon@cfty.newport-beach.ca.us SUBJECT: Selection of a Vendor for Contract Negotiations for Landscape Maintenance of City Parks and Facilities ISSUES: Should the City Council select a vendor and direct staff to negotiate a new agreement to provide landscape maintenance of city parks and facilities? RECOMMENDATION: Direct staff to negotiate an agreement with TruGreen Landcare., of Orange to provide landscape maintenance of City parks and facilities, and return to the July 22nd City Council meeting with an agreement for consideration. DISCI 90!9129 Landsaaye Cofftots• In August 2006, the City Council approved a contract with TruGreen Landcare for the maintenance of 40 acres of turfgrass and over 97 acres of parks and facilities throughout the City at an annual cost of $528,997. Among the larger areas maintained under this contract are Buffalo Hills, Eardbluff, and Back Bay View Parks; and City facilities such as the Police Department, Central Library, and Fire Stations. Additionally the contract includes turfgrass mowing and maintenance for all other City parks and facilities, except those in the Newport Coast area. TruGreen commenced work under this landscape maintenance contract on August 30, 2006. The term of the agreement was for two years, and it is renewable for up to three additional years. Earlier this year, TruGreen elected not to renew the contract ffd selection eta VwAw for Contract N990a8om for i anA$C" KWj* w= of Cllr Parka and Fee Wft Jury 8, 2988 . Page b Evaluation of Contractor. In addition to the current landscape maintenance of City parks and facilities and the Bonita Canyon Sports Park contracts with the City, TruGreen Landcare currently has municipal contracts with the Cities of Santa Monica, Norwalk, Beverly Hills, West Hollywood, and Manhattan Beach. Staff contacted representatives from each of these cities, and the comments were favorable. Department Recommendation: Staff is recommending approval to negotiate with TruGreen Landcare based on the cost and quality of work performed in the City and in other cities. With Council approval, staff will return with an agreement for approval at the July 22nd meeting. In negotiations, we will attempt to further define fixed pricing for extra work and out of contract services. It is staffs intention to seek a contract berm of two years, with up to three one -year renewals. FUNDING: Due to the rising costs of personnel, fuel, insurance, supplies and materials, the overall maintenance cost has increased (approximately 22 %). However, it should be noted that this increase is lower than the substantial increases in the Newport Coast landscape maintenance (27% higher) and the median and roadside area (57% higher) agreements which were approved late last year. The cost included in TruGreen's proposal will be $13,223 more per month than the combined costs of the current agreements for parks, facilities, and BCSP maintenance. Consequently, staff will rejuest a budget amendment concurrent with approval of an agreement at the July 22 meeting to fund the difference through 'the remainder of the Fiscal Year 2008 -09. XTI :ak, A This action requires no environmental review, as it is not a project pursuant to CEQA. Prepared by: / Submitted r Mark Hafrnon / ' Analyst General Services Director Attachment: Request for Proposal — Landscape Maintenance of City Parks and Facilities 1-11 Request for Proposal Landscape Maintenance Of City Parks and facilities