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15-0616_MARINA LANDSCAPE MAINTENANCE_F18_Agenda ReportTO: FROM: DATE: SUBJECT: City of San Juan Capistrano Agenda Report 6/16/2015 F18 Honorable Mayor and Members of the City Council Keith Van Der Maaten, Public Works and Utilities Director~ Submitted by: Steven Kooyman, Assistant Public Works Directo ~~ Prepared by: David Hubler, Public Works Manag~ June 16, 2015 Consideration of Water Reduction Levels to the City Parks, Parkways, Medians, and Sports Fields and a Personal Services Agreement for Landscape Irrigation Retrofit (Marina Landscape Maintenance, Inc.) RECOMMENDATION: By motion, 1. Approve the Parks, Recreation, Senior and Youth Services Commission recommendation for reduced water use at the City's parks, parkways, medians, and sports fields (Attachment 2); and, 2. Approve a Personal Services Agreement with Marina Landscape Maintenance, Inc. for a not to exceed amount of $100,000 to perform landscape irrigation retrofit in City Parks, City Parkways and Medians, and City Sports Fields. EXECUTIVE SUMMARY: On April 1, 2015, Governor Brown signed Executive Order B-29-15, directing the State Water Board to impose restrictions to achieve a statewide reduction in potable urban water use. The City of San Juan Capistrano is required to meet a 28% potable water reduction. At the June 10, 2015, Parks, Recreation, Senior and Youth Services Commission (Commission) meeting, staff presented to the Commission options for reducing watering at the City's parks, parkways, medians, and sports fields in response to the drought and the State's requirements. The Commission provided the following recommendations: • Parks - A reduction of turf watering by 28% (two days per week watering) in all parks with the exception of Arce Park. The watering of the turf at Acre Park will cease and the irrigation system will be retrofitted to protect the trees. • Parkways and Medians -All parkways and medians with turf will cease watering and the irrigation systems will be retrofitted to protect the trees, with the exception of the parkway at Calle Arroyo/Sundance where turf watering will be reduced by 28% to ensure this area remains a viable fire buffer. • Sports Fields -A reduction of turf watering by 28% (two days per week watering) in all sports fields. City Council Agenda Report June 16, 2015 Page 2 of 4 A 28% water reduction will apply to all turf (lawn) areas, regardless of the type of water used (potable, non-potable, or recycled). During summer months through early fall, recycled water supply is limited and often the City's non-potable water system is supplemented with potable water. Therefore, reducing recycled water use helps to reduce or eliminate the amount of non-potable groundwater or potable water needed to augment the non-potable system. Based on the Commission recommendations for water reduction, the City can expect to save approximately 6.4 Million Gallons (MG) of water in the parks, 1.5 MG in the parkways and medians, and 2.5 MG in the sports fields for a total of 10.4 MG of water saved annually. These actions will result in water savings of approximately $133,000 annually, as well as annual savings from less required maintenance of $10,320 for a total of $143,320. These savings will be used to offset the cost of required irrigation retrofits in the affected areas. Staff recommends that the City Council implement the recommendations for reduced water use provided by the Commission. Additionally, staff recommends the City Council approve a Personal Services Agreement for landscape irrigation retrofit to be performed by Marina Landscape Maintenance, Inc. for a not to exceed amount of $100,000 to protect the City's trees located in these areas. DISCUSSION/ANALYSIS: The options that were presented to the Parks, Recreation, Senior and Youth Services Commission for reducing water use at the City's parks, parkways, medians, and sports fields are as follows: Option A-"Minimum action to meet State Requirements." This option reduces water by 28% reduction (two days per week watering) to all City parks, parkways, and sports fields and ceases turf watering to medians. Under this option, watering of turf areas would be reduced in City parks, parkways, and sports fields to a level that will allow future re-growth of turf, except on medians where it will need to be replaced, and will allow the trees to continue to survive. Turf grass will be marginally green with some variation of brown turf areas and will recover upon reinstating the water. Medians will be targets for future replacement with drought tolerant plants. The Commission did not choose this option. Option B -"Additional reductions to all turf grass." Under this option, additional reductions in watering could be achieved by selecting certain City parks, parkways, medians, and select areas of sport fields to have the water turned off completely while selected other locations will continue with the 28% reduction. This is the option that the Commission chose. At the June 10, 2015, Commission meeting, each City park, parkway, median, and sports field was presented to the Commission (Attachment 1 ), and recommendations were provided on which areas should have water use reduced beyond 28% (two days per week watering). In general, the Commission recommended to continue with the 28% reduction at City parks and sports fields and to cease watering on the parkways and medians (Attachment 2). The exception to cease watering at Acre Park was justifiable, as this is just a small patch of grass that serves limited purpose. City Council Agenda Report June 16, 2015 Page 3 of 4 The parkway at Calle Arroyo/Sundance exception to continue at the 28% reduction was done to ensure this area remains a viable fire buffer. In this option, some existing irrigation systems will need to be reconfigured to supply water to the trees to protect these assets. Those areas where watering is ceased will be priority areas for future replacement with drought tolerant plants. Option C -"No turf watering except minimum to Sports Fields." Under this option, all watering in turf areas located in 17 neighborhood parks, seven (7) parkways and medians, and selected areas of six (6) Sports Fields would cease. In this option, the existing irrigation systems would need to be reconfigured to supply water to the trees to protect these assets. There are approximately 1,100 trees located in these areas. The cost to replace turf areas at a later date when the drought ends is estimated at $3.25 to $4.50 per square foot for reinstallation which does not include water for re-establishing the area. The Commission did not choose this option. Based on the recommendations provided by the Commission, staff recommends approval of a Personal Services Agreement with Marina Landscape Maintenance, Inc. (MLM) in an amount not to exceed $100,000 to perform the required landscape irrigation retrofit work to protect the City's trees located in areas affected by the reduction of landscape water (Attachment 3). FISCAL IMPACT: Based on the Commission recommendation, the savings achieved by area is listed below. These savings will offset the cost of required irrigation retrofits to protect the trees in the areas that cease watering. Recommendation Annual Annual Water Maintenance Savinas Savinas Parks-Reduce by 28% except turn off Arce Park $31,000 $15 Parkways & Medians -Turn off all except reduce Calle Arroyo/Sundance parkway by 28% $49,000 $10,305 Sports Fields -Reduce by 28% $53,000 $0 TOTAL $133,000 $10,320 ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • The City Council and Utilities Commission received information on the 2015 State emergency drought regulations at a special joint meeting held on April 15, 2015. • The City Council discussed strategies and elements of drought response at the meeting held on May 5, 2015. Water restrictions were approved for the areas of City Parks, and City Parkways and Medians. City Council Agenda Report June 16, 2015 Page 4 of 4 • The City Council and the Utilities Commission held a special joint meeting on May 19, 2015, and were presented numerous options for managing the drought conditions and associated regulatory requirements. • The City Council discussed strategies and elements of drought response at the City Council meeting on June 2, 2015. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • The City held a Special Joint City Council and Utilities Commission meeting on April 15, 2015. • The Utilities Commission continued discussion regarding response to the State's emergency drought regulations and the Governor's Executive Order B-29-15 at the April 21, 2015, Utilities Commission meeting. • An additional Special Meeting of the Utilities Commission was held on May 4, 2015, to further discuss strategies including the implementation of penalties, surcharges, and water budget allocation changes. • The City Council and the Utilities Commission held a special joint meeting on May 19, 2015, and were presented numerous options for managing the drought conditions and associated regulatory requirements. • The Parks, Recreation, Senior and Youth Services Commission held a meeting on June 10, 2015, and were presented with numerous options for managing the drought conditions in the City Parks, City Parkways and Medians, and City Sports Fields. • The Parks, Recreation, Senior and Youth Services Commission will hold a second meeting on June 15, 2015, to confirm the recommendations for managing the drought conditions in the City Parks, City Parkways and Medians, and City Sports Fields. Any changes from the original recommendations of this Commission will be shared in a supplemental agenda report. NOTIFICATION: Not applicable. ATTACHMENT(S): Attachment 1 -Map of Affected Locations and Individual Area Exhibits Attachment 2-Determination by Option, Parks, Recreation, Senior and Youth Services Commission Attachment 3 -Personal Services Agreement-Marina Landscape Maintenance, Inc. )> -1 :; (") :::J: 3: m z -1 - TURF AREAS CITYWIDE MISSION VIEJO COUNTY OF ORANGE ~~ \ ,. N A SAN CLEMENTE LEGEND PROPOSED BROWN AREAS • PARKS • SPORTS FIELDS -PARKWAYS PARKS LIST 1.) RIO OSO PARK 2.) JUNIPERO SERRA PARK 3.) EL CAMINO REAL PARK 4.) DE LA VISTA PARK 5.) GOOD NEIGHBORS PARK 6.) ARCE PARK 7.) VETERANS PARK 8.) HISTORIC TOWN CENTER PARK 9.) ARROYO PARK 10.) COOK DEL CAMPO PARK 11.) SAN JUAN CREEK PARK 12.) FOUR OAKS PARK 13.) LA RONDA PARK 14.) DESCANSO PARK 15.) BONITA PARK 16.) MISSION BELL PARK 17.) JARDIN PARK SPORTS FIELD LIST 18.) STONE FIELD PARK 19.) COOK LA NOVIA PARK 20.) COOK CORDOVA PARK 21.) MARCO FORSTER 22.) SAN JUAN SPORTS PARK r PARKS EXHIBITS -EXISTING IRRIGATION AREA-POTABLE ll\lo\TER (TURF) -EXISTING IRRIGATION AREA-RECYCLED ll\lo\TER (TURF) ~PROPOSED BROVI.NAREA(TURF) -EXISTING IRRIGATION AREA-POTABLE V\IA.TER (TURF) -EXISTING IRRIGATION AREA-RECYCLED WII.TER (TURF) ~PROPOSED BROV\INAREA(TURF) -EXISTING IRRIGATION AREA-POTABLE WATER (TURF) -EXISTING IRRIGATION AREA-RECYCLED WATER (TURF) I22ZJ PROPOSED BROWN AREA (TURF) -EXISTING IRRIGATION AREA-POTABLE WATER (TURF) ~~ -EXISTING IRRIGATION AREA-RECYCLED MTER (TURF) ~ PROPOSED BROIMII AREA (TURF) EXISTING IRRIGATION AREA-RECYCLED WATER (TURF) [2Z2J PROPOSED BROWN AREA (TURF) 0 80 N 160 .. Feet" EXISTING IRRIGATION AREA-POTABLE WATER (lURF) -EXISTING IRRIGATION AREA-RECYCLED WATER (TURF) E2Z;:J PROPOSED BROWN AREA (TURF) -EXISTING IRRIGATION AREA-POTABLE WATER (TURF) -EXISTING IRRIGATION AREA-RECYCLED WATER (TURF) [Z22J PROPOSED BROWN AREA (TURF) -EXISTING IRRIGATION AREA-POTABLE WATER (TURF) -EXISTING IRRIGATION AREA-RECYCLED WATER (TURF) fZZ3 PROPOSED BROiflrt-l AREA (TURF) -EXISTING IRRIGATION AREA-POTABLE WATER (TURF) -EXISTING IRRIGATION AREA-RIECYCLED WATER (TURF) i2ZZ! PROPOSED BROWN AREA (TURF) -EXISTING IRRIGATION AREA-POTABLE WAlER (TURF) -EXISTING IRRIGATION AREA-RECYCLED WAlER (TURF) ~ PROPOSED BROWN AREA (TURF) -EXISllNG IRRIGAllON AREA-POTABLE WATER (TURF) 160 -EXISllNG IRRIGAllON AREA-RECYCLED WATER (llJRF) ~ PROPOSED BROWN AREA (TURF) N 160 • _v Feet A EXISTING IRRIGATION AREA-RECYCLED WATER (TU I2Z2J PROPOSED BROWNAREA(TURF) -EXISTING IRRIGAllONAREA-POTABLE WATER (Tl.RF) -EXISTING IRRIGAllONAREA-RECYCLED WATER (TURF) ~ PROPOSED BROWN AREA (lURF) PARKWAYS AND MEDIAN EXHIBITS Ortega Hwy./ Avenida Siega ORTEGA PROPERTY PARKWAY-A PARKWAY#16 -EJUSnNG IRRIGAnON AREA-POTABLE WATER (TURF) 0 160 320 " -ElliSnNG IRRIGATION AREA-RECYCLED WATER (tURF) Feet A E223 PROPOSEDBROWNAREA(l\JRF) ORTEGA PROPERTY PARKWAY-B PARKWAY#16 -DISTINO IRRIGATION ARIEMIO'DUILE M1ER -EIOSTINQ lRRJ~TION AAEA.fECYCLED WAlER rn PROPOSED BROWN AREA (TUAI') ORTEGA PROPERTY PARKWAYS -C PARKWAY#16 RANCHO VIEJO ROAD -A RANCHO VIEJO ROAD-B u I RANCHO VIEJO ROAD-D SPORTS FIELD EXHIBITS • EXISTING IRRIGATION AREA-RECYCLED W'ITER (TURF) ~PROPOSED BRO'M'JAREA(TURF) EXISTING IRRIGATION AREA-RECYCLED WATER _ EXISTING IRRIGATION AREA-RECYCLED WATER (TURF) 0 ~ PROPOSED BRO'hN AREA(TURF) EXISTING IRRIG.ATION AREARECYCLEDWATER (TURF) 0 ~ -I )> 0 :::L s: m z -I N 28% reductio to TYPE OF Turf Water LANDSCAPE (Water twice CITY PARKS VISUAL AND USE DETERMINATION WATER per week) Turn off Turf Water 11Arce Park I Non-active POTABLE X 2i Bonita Park -------------r-· -·--__ --~ghborhood with Residential use-passive by residents POTABLE X -------1---3 Cook Park Arroyo g ghbo,hood w<h Re>;dont;ol ,.,_,.,.;,,by ,,;doot; RECYCLED X 4 ·Cook Park Del Campo ---. -· ighborhood with Residential use-moderate_!y active POTABLE X ----5, De La Vista Park ighborhood with Residential use-passive POTABLE L X ---------~--6 Descanso Park [Active park with rentals POTABLE '~ X ------7 El Camino Real Park Visible park (as one of the entrances to town) moderately active POTABLE X ---~-----...---8, Four Oaks Park Neighborhood with Residential use-passive by residents RECYCLED X I ---9, Good Neighbors Lucan a Park _.__Neighborhood with Residential use-passive POTABLE X -+ ---. 10 Historic Town Center Park Activ~a rk city-wide events, rentals & visitors from the Mission i POTABLE , X -----.!!.[Jardin Park ~Neighborhood with Residential use-passive POTABLE I X 12 Junipero Serra Park , Neighborhood with Residential use-passive POTABLE I ' X ~ghborhood with Residential use-passive .. ------· 13 La Ronda Park POTABLE X -----------... -------------- 14Mission Bell Park I Neig~borhood with Residential use-_e_a~ve _ _ _ __ POTABLE ; X -----· 15 Rio Oso Park -=f:'lghbo,hood wtth Re>;dont;ol ,.,_,,.,;., POTABLE X l -----. l 61 SJ Cr~ek Neighborhood Park Neighborhood with Residential use-passive RECYCLED I--X I ---17 Veterans Park Centralized in the town-public use & occasionally Veteran's Day celebration POTABLE X 28% reductio to TYPE OF Turf Water LANDSCAPE (Water twice CITY PARKWAYS AND MEDIANS VISUAL AND USE DETERMINATION WATER per week) Turn off Turf Water 1~rtega Highway/Via Crista! l State Hwy., Medium Visibility __ _ _ _ _ _ POTABLE X -12 Ortega Highway/Avenida Siega . ~e Hw_"G_ Medium Visibility _ _ ~-_ ~ _ ~ POTABLE X 161 Ortega PropertY Parkways --j---~ Arterial/Local Streets, Medium Visibility ___ _ __ __ RECYCLED X ~---~Rancho Viejo Rd j;erial, Medium Visibility RECYCLED X --------28IMission Hills Dr. Center Median cal Street, High Visibility, Main entry to Mission Hills Ranch neighborhood RECYCLED X -----43 Ortega Highway/Windsong Dr. _ State Hwy., Medium Visibility RECYCLED X --44ICalle Arroyo/Sundance Dr. Local Streets, High Visibility, Rear entry to Mission Woods neighborhood RECYCLED X 28% reductio to TYPE OF Turf Water LANDSCAPE (Water twice SPORT FIELDS VISUAL AND USE DETERMINATION WATER per week) Turn off Turf Water 1 ~cu Canyon Park _,Very active with sports groups _________ POTABLE X ------·• --· -2 Cook Park Cordova __ Very active with sports group~_ __ ~. +POTABLE . X _[___ --· ---' ---3 Cook Park La Novia Active with sports groups and rentals __ RECYCLED X .i --4 Marco Forster Sports Fields Very active with sports groups POTABLE i X -~ k ery active with sports groups -r 5 \San Juan C_apistrano Sports Park POTABLE X '" ---+--6 Stone Field Very active with seorts groups POTABLE X ATIACHMENT2 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this __ day of , 2015, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Marina Landscape Maintenance, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide drought response water conservation related landscape services for City Facilities, City Parks, City Parkways and Medians, City Sport Fields, Landscape Maintenance Districts, Los Rios Park, Open Space, and Reata Park and Event Center; including but not limited to site assessments, irrigation modifications, and turf replacement/conversion services; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on June 17, 2015 and continue until June 30, 2016, with the option of one (1) one-year extension. Agreement extensions shall be based on staff review of the Contractor performance and at the discretion of the City Manager. The Agreement will terminate on June 30, 2016, unless extended as provided herein. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $100,000 and be payable at the hourly rates as specified in Exhibit A. The City shall issue purchase orders equal to the anticipated Contractor fees on an annual basis, which shall constitute the Contractor's authorization to proceed. ATTACHMENT 3 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the vvork to be performed·(?) it h~s inw~stiqated the work site(s), and is aware of all conditions 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. [RESERVED]. Section 12. [RESERVED]. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to 3 the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. Insurance Coverage Required. The policies and amounts of insurance required hereunder shall be as follows: 14.1. Comprehensive General Liability. Comprehensive General Liability Insurance which affords coverage including completed operations and contractual liability, with limits of liability of not less than $5,000,000 per occurrence and $5,000,000 annual aggregate for liability arising out of Contractor's performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, the aggregate shall be double the each occurrence limit. Such insurance shall be endorsed to: Name the City of San Juan Capistrano and its employees, representatives, officers and agents (collectively hereinafter "City and City Personnel") as additional insured for claims arising out of Contractor's performance of this Agreement. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 14.2 Automobile Liability. Automobile Liability Insurance with a limit of liability of not less than $5,000,000 each occurrence and $5,000,000 annual aggregate is required. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "any auto." Such insurance shall be endorsed to: Name the City of San Juan Capistrano and its employees, representatives, officers and agents as additional insured for claims arising out of Contractor's performance of this Agreement. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City. 4 A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 14.3 Workers' Compensation. Workers' Compensation Insurance in accordance with the Labor Code of California and covering all employees of the Contractor providing any service in the performance of this agreement is required . Such insurance shall be endorsed to: Waive the insurer's right of Subrogation against the City and City Personnel. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 14.4 Evidence of Insurance. Contractor shall provide to City a Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements at least fifteen (15) business days prior to the expiration of any policy. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (1 0) days prior notice shall be provided. Signed insurance certificates, endorsements and the general liability declaration page must be sent via email from Contractor's insurance broker/agent to the City at mmorris@sanjuancapistrano.org. Certificate Holder: City of San Juan Capistrano, California 32400 Paseo Adelanto San Juan Capistrano, CA 92675 14.5 Endorsements. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. Additional Insured Endorsements shall not: 1. Be limited to "Ongoing Operations" 2. Exclude "Contractual Liability" 3. Restrict coverage to the "Sole" liability of Contractor 4. Contain any other exclusion contrary to the Agreement. 14.6 Deductible. 5 Any Deductible in Excess of $50,000 and/or Self-Insured Retentions must be approved in writing by the City. 14.7 Acceptability of Insurers. Each policy shall be from a company with current A.M. Best's rating of A VII or higher and authorized to do business in the State of California or approved in writing by the City. 14.8. Insurance of Subcontractors. Contractor shall be responsible for causing Subcontractors to maintain the same types and limits of coverage in compliance with this Agreement, including naming the City as an additional insured to the Subcontractor's policies. 14.9 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (1 0) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.10 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.11 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (1 0) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 6 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: To Contractor: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten Marina Landscape Maintenance, Inc. 1900 S. Lewis Street Anaheim, CA 92805 Attn: Robert B. Cowan Section 17. Prevailing Wages. Contractor hereby expressly acknowledges and agrees that the City has not previously affirmatively represented to the Contractor in writing or otherwise, in a call for bids or otherwise, that the work to be covered by this Agreement is not a "public work," as defined in Section 1720 of the Labor Code. Contractor shall indemnify, protect, defend and hold harmless the City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the work contemplated by this Agreement, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages and hire apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by Contractor to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the work contemplated by this Agreement, including, without limitation, any and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. "Increased costs," as used in this paragraph, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the work by Contractor. 7 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and has the same force and effect as if they were original signatures. 8 .~~------------------··--·----· IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By:--~---=-=------Derek Reeve, Mayor ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: City Attorney ~•.., • ··--•-· ---··-a~----~---•• .. •••••--•-••--··--·--·--·-••••-••••••·----•• ·--___ ,.,. oo•-·--·---···--••---··-·-·-----•••••..,•••-•··--••• •••-•••-~•• 9 -. -·------- May 12;2015 San Juan Capistrano RE!~ Irrigation retro fi~iug_ IIIAiliiAt __ ___.. __ sifii·Gtow/rlg: __ rand~cape coi)struofion landscape maintenance lal)ds.~pe ~r~hil!lt;t~re erosion. contrOl Marina· Landscape is pleased to provide the rates for the retro fitting of irrigation ·syste.m ~ ~t¢serVe tt~hi:.turf are:a~ _Park w~ys and .m~)llls ·• When possible new valve will be;installed.with pressure regulator and.·on surface dqpli;n:e tP. ~chtr~, • ln areas where you have one:tree only· present we will cap the pop u_ps with thtea4ed c~ or 1\ain])i;r.d Js,Op Cap ~ff.anct us~ Ralnbird r~-i SOO. · • Wlren JX>S$ibknew·y~':Lve ,.vill)cinstaUe.<J With pres~¢ regul;ator1¢d on surface ddpline to each tree .. We-will usetbe oonunon.and valve wire from existh).g valves. Item tiot~rly· Rate lttigat()t $ 45.00 Irrigation Apprentice $ ' 3S.i.JO la.borer s· ao.Oo Site lnspectitin $. ss~oo· J>rqje~. M<mag~ment $· ~~p.dti AU mat~a) is ~tee4 to be as sp~c~fied. All work to bt; co:rnplete,d fu-a. workmanlike manner according· to standardpr:actices. My aiteratlori or deviation from above specifications involving ·extra costs will' be executed only upon written ordersi and-will become <ln. ext.nt chi\fg¢ ovet and ;ab~)"ve·tlle estimate. Aq.thorized .Sipture Jose· Contreras NOTE! Marina may withdraw this proposal ifrtot a~XJ:ei?t~ within 30. qays. Aeceptmlc~ 'of i'rop.osal: The above ptic~; s~ifi~tioU$· .and CQrt<lltio~s are satisfactory and are hereby accepted. You. m ·autborized to do the·w.ork as. specified. Payment will be made as outl~.ed abOve. Si~ttrre~------------------------------- Date of Acceptance'-. ------------- MAfti_NA i..ANosc~e. ·INC. 1900 s:. Lewi!!-S~ilet '• ..1\n~he)m, QA,9,2BO!i p 714.9;j9.6600 f nM3'5.119,~ w marin.aco..com • Licens:e.it492B62, A. B,C27, C'3S EXHIBIT A