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HomeMy WebLinkAboutC-1887 - Landscape Maintenance AgreementVFADOR E.J01.0-roalental Care, Inc.' VirYale Street Sa92704 j I. s ORDER NO '8Z82°fo L AW low- 1.14d►TE "ACHII v TNtf, ORo'so "ounkYttaLfV - .....s wM�EwR nN wi�.ttsvotcEs ' ENtlA,NG NOTIGef: i,t� 4 3 LAWNS. E %MEfa REG61RTS 34,200,O0 AND. FACKAGES... . h Per Contract DELIVERY TICKETS 04ALL INCLUDE UNIT /RICE. _ .DATE Deeember 17, 1976' -- 0EPT. City Council 3RIP'TO 9;;:E h t.ESS C)TFfEH4V IS8 NOTEDi _ Landscape Maintenance_ - 34,200,O0 h Per Contract Contract 1387 Rnolution 8948 IMPORTANT The Articles covered by this Purchase •Order or Contract must CITY UF NEWPORT BEACH 107797014 34,260.06 conform to applicable Cal —OSHA Standards, and /or other " appropriate laws, regulations, rules, and codes of the Federal C "- •. :Government and the State of California. Show as a separate item any retail sales tax, use tax or Federal tax applicable to this purchase.. D. W. MEANS This order subject to California sales tax. PURCHASING AGENT All allowable transportation charges must be prepaid and shown as a separate item on the invoice. Do not include Federal trans. portation tax. F. .. �7:: ..j - `� iC�La'�F.... �'�! I b{rf:r " i�_.�:. 4� ��.� ^.... -. �_� '. ��;: } .__.f: Cb':. ._.:...�. �q'. 'rig ''i: §.1 �_� '. ��;: } .__.f: Cb':. ._.:...�. Cb':. ._.:...�. TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. l 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Cnde 714 673 -2116 DATE December 16. 1976 Description of Contract 1.andneape Maintenance Authorized by Resolution No. 8968 , adopted on December 13, 1976 Effective date of Contract nacamher 15, 1976 Contract with R.nvireinmantal Care. Inc. Ed Address �9�n Srn,fh VAMP Ar_ $ante Ama- CA 92706 Amount of Contract $341200 City Clerk 0 0 December 16, 1976 MEMO TO THE FILE: Executed copies to Cal Stewart for distribution this date. LANDSCAPE MAINTENANCE AGREEMENT This Agreement is made and entered into this 1.5-g, day of 1976, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY" and ENVIRONMENTAL CARE, INC., a California corporation, hereinafter referred to as "CONTRACTOR ". W I T N E S S E T H: A. RECITALS (i) CITY has determined that it may more economically provide for the maintenance of various landscape locations by providing an independent contractor to perform such maintenance work. (ii) The purpose of this Agreement is to provide for the performance of said maintenance work by CONTRACTOR and to define the rights and obligations of the parties hereto with respect to said work. B. AGREEMENT NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. In consideration of the sum of Thirty -four Thousand Two Hundred Dollars ($34,200.00) to be paid to CONTRACTOR by CITY in twelve (12) equal payments of Two Thousand Eight Hundred and Fifty Dollars ($2,850.00), the firstsuch payment to be due and payable on the fifteenth (15th) day of the month next succeeding the month during which CONTRACTOR commences the work prescribed herein and each subsequent payment to be payable on the fifteenth (15th) day of the month following the month during which the latest payment was made, CONTRACTOR agrees to provide all necessary labor, materials, transportation and equipment required to maintain park, median and landscape areas as described in this agreement for a period of one (1) year commencing on the first day of January, 1977. Said maintenance shall consist of the following items and shall be on the following terms and conditions provided for herein: (a) Scope of Work The work to be done consists of landscape maintenance including lawn care, shrubs and ground cover, tree care, irrigation system care and general service of a geographic unit known as Eastbluff. This work unit is located in Newport Beach and consists of: (1) Eastbluff Park bounded by Vista del Oro on the East and North and has ± 14 acres that includes three sand playground areas, asphalt basketball parking lot area, multipurpose ball diamond and large turf areas. (2) Jamboree Road Traffic Median between Coast Highway and MacArthur an 8.4 acre median of ground cover, shrubs, trees and decorative paving. (3) Jamboree Parkway on the West side of Jamboree Road between Eastbluff Drive South and 520 feet South of Bison Avenue, a landscaped buffer of ground cover, shrubbery and trees. (4) Vista del Sol Traffic Median between Eastbluff Drive and Vista del Oro consisting of turf, ground cover, shrubs and trees. (5) Newport Beach Police Facility at Jamboree Road and Santa Barbara Drive a 36,305 square foot landscaped area containing turf, ground cover, shrubs and trees. (b) Description of Work Lawn Care (1) All lawn areas are to be mowed weekly, or as needed to maintain a height of 2" - 2 1/2" (2) Trim around sprinkler heads to insure maximum water coverage three times annually. -2- • (3) Control pests, including rodents and snails, as needed. (4) Maintain lawn areas in a weed -free condition. (5) Aerate all lawns annually by removing 1/2" x 2" cores of sod with an aerator machine at not more than 6" spacing once over. (6) Irrigate as required to maintain adequate growth rate and reasonable appearance using automatic and hand - watering methods. (7) Fertilization a. Police Facility lawn to be fertilized at least four times a year. b. Eastbluff Park and Vista del Sol Traffic Median lawns to be fertilized at least two times a year. C. Rate of each application shall provide one pound of actual slow release nitrogen per 1,000 square feet. d. Fertilizer used shall be a slow- release type, with a 21 -8 -8 formula or equal. Shrub and Ground Cover Care (1) Ground cover in Jamboree Road Traffic Median to be mowed to a height of 3" - 3 1/2 ". (2) Prune to maintain reasonable appearance. (3) Control pests and diseases to maintain pest -free shrubs and ground cover, as needed. (4) Control weeds to maintain a weed -free appearance. (5) Apply fertilizer as needed, but in no event less than annually. -3- Tree Care (1) Shape, trim and prune to maintain a reasonable appearance. (2) Control pests and diseases as needed to maintain a pest -free condition. (3) Remove all dead and damaged branches back to point of breaking. (4) Double -stake and support trees where necessary. (5) Stakes and ties will be placed so no chafing of bark occurs and shall be removed when tree is of size to be self- supporting. (6) All guys and ties shall be checked frequently to avoid girdling. (7) Irrigate as required to maintain adequate growth rate and appearance. (8) Fertilize annually. Irrigation System Care (1) The CITY shall provide a sprinkler system for maintaining general moisture requirements. Water used for landscape maintenance will be furnished free of charge to CONTRACTOR by CITY. (2) CONTRACTOR shall maintain, repair and keep operable to a satisfactory level all sprinkler heads, valves, lines, risers, automatic controls, etc., at CONTRACTOR's expense. All replacements to be with original type material or substitutes approved by CITY. Tot Lots and Play Areas (1) Remove from youth play areas any and all animal feces or materials detrimental to human health on a daily basis. -4- • (2) Inspect and check all play equipment for vandalism and safety hazards, making repairs as needed. (3) Maintain tot lots and play areas weed free. (4) Immediately remove all broken glass and any sharp objects. (5) Play areas must be inspected daily and maintained in a neat, clean and safe condition at all times. (6) Maintain all drains and downspouts free from siltation and debris to facilitate proper drainage. General Service (1) Restrict growth through pruning to maintain reasonable road and walk visibility with no vegetation to overhang a walk less than seven feet. (2) Dispose of all cuttings, weeds, leaves and other debris from landscaped areas the day that such items accumulate. CITY shall in no way be responsible for the disposal. (3) Remove and dispose of leaves, papers, weeds and other debris from landscaped areas. (4) Empty designated trash containers as needed, but in no event less than weekly. (5) Clean walks and other hard - surfaced areas. Maintenance Inspection (1) CONTRACTOR shall submit to CITY a 12 -month schedule of planned "specialty type" maintenance -5- operations. "Specialty type" operations are defined as: a. Fertilization b. Turf aerification C. Spraying of trees and shrubs d. Other items as determined by the Director of Parks, Beaches & Recreation (2) CONTRACTOR shall perform weekly a maintenance inspection during daylight hours of the landscape areas. Such inspection shall be both visual and operational. The operations inspection shall include operation of all sprinkler, playground equipment and other mechanical systems to check for proper operational condition. (3) CONTRACTOR shall monthly meet on site with an authorized representative of the City for a walk- through inspection. Said meeting shall be at the convenience of CITY and may include residents of the City. Equipment and Labor (1) CONTRACTOR shall use and furnish at his own expense all labor, equipment and supplies necessary for satisfactory performance of the work set forth in this agreement. (2) CONTRACTOR shall comply with the provisions of the California Labor Code and, in particular, Sections 1810 through 1815. (3) CONTRACTOR shall conform to CAL OSHA safety requirements and operating rules. CONTRACTOR is responsible for supplying and using safety equipment as necessary to protect personnel, property and the public. (4) CONTRACTOR shall require all employees to maintain acceptable personal appearance, including the wearing of shirts, long pants and shoes while working. (5) CONTRACTOR shall not be permitted to stock over one week's supply of any materials on the premises of CITY. (c) Control of Work (1) The City of Newport Beach Director of Parks, Beaches & Recreation shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed; all questions which may arise as to the interpretation of the specifications; all questions as to the acceptable fulfillment of the contract on the part of CONTRACTOR; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which CONTRACTOR fails to carry out promptly and deduct the cost thereof from the payments made to CONTRACTOP. (d) Insurance (1) CONTRACTOR shall deposit with the CITY a certificate of Workmen's Compensation Insurance policy, which shall be in accordance with the laws of the State of California. (2) CONTRACTOR shall deposit with the CITY a certificate of insurance which shall evidence the fact that CONTRACTOR has in full force and effect a comprehensive Bodily Injury and Property Damage insurance policy in amounts not less than approved by CITY. (3) The policy shall name the City of Newport Beach as an additional insured. In addition, the policy shall provide that it cannot be cancelled without at least thirty -7- 0 (30) days' notice to CITY. (e) Contract Extension or Termination (1) The duration of this Agreement may be extended for successive periods of twelve (12) months so long as the parties hereto mutually agree in writing with respect to each such extension at least thirty (30) calendar days prior to the date on which the contract or an extension thereof would otherwise have terminated. (2) This Agreement may be terminated for any reason by thirty (30) days' prior written notice of intent to terminate, which notice may be given by either party to the other party to such agreement. (f) Licenses (1) CONTRACTOR must possess a valid Landscape Contractor's License. (2) CONTRACTOR must possess a valid City Business License. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: City C er APPROVED AS TO FORM: -�4 City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation By- yor ENVIRONMENTAL CARE, INC., A California Corporation n LU -8- Robert L. Scofield, Vice President LANDSCAPE /ENG IN EER ING /CONTRACTORS• environmental care, inc. an equal opportunity employe+ . . . . . . . license no. 266211 1920 South Yale Street, Santa Ana, California 92704 PHONE: (714) 546 -7843 To: City of Newport Beach Date: December 9, 1976 3300 W. Newport Boulevard Newport Beach, Calfironia 92663 Attention: Calvin C. Stewart, Director of Parks, Beaches and Recreation Job Name: CITY OF NEWPORT BEACH ECI Job Number: 23 -615 Santa Ana Gentlemen: We are sending you XXX herewith under separate cover as follows: Copies 1 1 1 3 Remarks: Very truly yours, ENVIRONMENTAL CARE, INC Date Description 12/09/76 Coordination Letter 12/09/76 Certificate of Insurance Landscape Maintenance Brochure Landscape Maintenance Agreement By: Robert L. Scofield, Vice President CC: Contract File, Job File ECI Form 912 (Rev. 5/21/73) . wb"i" of OWMWAMW WafiiM WL environmental • LANDSCAPE MAINTENANCE CONTRACTORS • care, inc. an equal opportunity employer by choice 1920 SO. VALE STREET • SANTA ANA, CALIFORNIA 92704 • AREA CODE 714 -546 -7843 December 9, 1976 City of Newport Beach 3300 W. Newport Boulevard Newport Beach, California 92663 Attention: Calvin C. Stewart, Director of Parks, Beaches and Recreation Subject: CITY OF NEWPORT BEACH ECI JOB #23 -615 Santa Ana Gentlemen: To coordinate all phases of the landscape maintenance operations in conjunction with our contract on the above subject project, please direct all questions regarding the scheduling of the work and all job correspondence to: Mr. Robert L. Scofield, Vice President Environmental Care, Inc. 1920 South Yale Street Santa Ana, California 92704 Telephone: (714) 546 -7843 All billing will be prepared by our regional accounting offices located at 1920 South Yale Street, Santa Ana, California 92704. Very truly yoars, ENVIRONMENTAL CARE, INC. ed-� Robert L. S4ield Vice President CC: Contract File Job File ECI FORM #909 (Rev.10/22/75) a subsidiary of environmental California • Colorado • Washington industries Inc. CERTIFICATE OF INSURANCE DATE: December 9, 1976 • • TO: City of Newport Beach NAMED INSURED AS SHOWN BELOW: 3300 W. Newport Boulevard Newport Beach, California 92663 A SUBSIDIARY OF ENVIRONMENTAL INDUSTRIES, INC. 16055 VENTURA BLVD. ENCINO, CALIFORNIA 91316 CITY OF NEWPORT BEACH - Various Locations, Newport Beach, California JOB OR LOCATION: ECI JOB #23 -615 Santa Ana VALLEY CREST LANDSCAPE, INC. VALLEY CREST TREE COMPANY XXXXX ENVIRONMENTAL CARE, INC. GREEN VALLEY LANDSCAPING, INC. WESTERN LANDSCAPE CONSTRUCTION COVERAGE COMPANY & POLICY # 71XPIRATION DATE LIMITS OF LIABILITY WORKMEN'S COMPENSATION LEATHERBY INSURANCE EMPLOYERS LIABILITY COMPANY 4 -1 -77 WC- STATUTORY ALL STATES WC -15- 047620058 I COMPREHENSIVE GENERAL AETNA INSURANCE $300,000 COMBINED LIABILITY INCLUDING COMPANY 5 -1 -77 SINGLE LIMIT BODILY OWNER'S AND CONTRACTOR'S CG- 662000 INJURY AND PROPERTY PROTECTIVE AND BLANKET DAMAGE LIABILITY CONTRACTUAL LIABILITY AND AUTOMOBILE LIABILITY EXCESS LIABILITY CENTRAL NATIONAL $5,000,000 COMBINED INS. CO. 4 -1 -77 SINGLE LIMIT CNU- 124023 NOTICE OF CANCELATION, ASSIGNMENT OR CHANGE: Should the above - mentioned contract of insurance be canceled, assigned or materiall reduced during the above -named policy period in such manner as to affect this document, we, the Undersigned, will give 30 days written notice to the holder of this document. This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organization to whom it is issued an additional assured, nor does it modify in any manner the contract of insurance between the Assured and the Companies. Any,amendment, change or extension of such contract can only be affected by specific endorsement attached thereto. :(See Reverse Side for Additional Provisions) * ** FRED. S. JAMES & CO. THIS IS TO CERTIFY COVERAGE UNDER THE ABOVE POLICIES #1 EMBARCADERO CENTER (1�_e !� SAN FRANCISCO, CA 94111 By\\a k M.H. Gianola, Vice President It is hereby understood and agreed that the City of Newport Beach is added as an additional named insured under this policy as pertains all operations to be performed by Environmental Care, Inc., under the contract with the City of Newport Beach. Landscape Maintenak ice Environmental Care, Inc. Green Valley Landscaping, Inc. The Investment You've spent a sum of money to landscape your property. You've made an investment, and you hope that investment will appreciate in value in the coming years. It may be your own business facility, or it may be property that you rent to others for their busi- ness activities. Perhaps, it's property that you are developing to sell. It may even be property that will be used by the public. Whether you are a public agency, developing parks and beautifying streets ... a real estate developer, building shopping centers or office buildings...a housing builder, creating communities in which people will live ... a property management com- pany, managing the property of others... or whether you're a private individual or a company improving your own facilities or real estate hold- ings, one thing is certain: You most likely will not have the proper program for the landscape maintenance of your property. You will take the easy way out ... take the lowest price, with- out even investigating what it is that you're buying and to whom you're entrusting a very valuable investment — your property. Landscape maintenance is a profes- sional service, and you should be professional in your approach to the selection of a company that is going to care for and look out for your investments. Our company offers and performs these professional services. The Approach A tailored program for your property. Each property is different. The condi- tions, the needs, the problems of each property must be individually analyzed and a specific program tailored to fulfill the maintenance requirements... not just spoken words, which are too soon forgotten, but a written plan, out- lining each maintenance phase of operations —when each item will be performed, how often the various phases of work are to be done, and a regular progress report on their accomplishment. Quite often properties are in need of immediate remedial work. This work should be done prior to the start of regularly scheduled maintenance, in order to bring the property up to an acceptable standard of appearance and condition. A separate evaluation should be made of needed remedial work, and the work planned for and .budgeted. Proper planning in front,. setting goals to achieve... spelling out clearly the program to attain those goals...a complete understanding of philosophy between client and contractor... and a constant line of open communica- tion during the program's progress... will attain success. Our company offers and performs these professional services. I FAT - T s Caring for a garden has become a sophisticated skill. Modern technology has made it possible to accomplish desired results never before dreamed of. With the evolving of new fertilizers, pre- emergent herbicides and other materials, it is now possible to chem- ically treat landscape conditions at a more economical cost. Many expensive man -hours of labor (which produce only temporary results) have been eliminated.. By using specialized equipment, phases of operations which in the past were manual chores are now ex- pedited with a new level of efficiency. Technological understanding of these elements... proper use of today's chemicals... scheduling and applica- tion of the right equipment for each property... awareness of what is horti- culturally needed for your landscap- ing... all of these are facets of a planned program for better mainte- nance and increased value of the investment in your property. Our company offers and performs these professional services. T1 y * We are a company that looks at the long range view: We want you as a client today —and we want you as a client ten years from now. We take pride in the fact that we have satisfied clients, aware and enthusiastic about the services we perform... and, more importantly, proud of the appearance and condition of their properties. To accomplish these goals, we have made long -term commitments to develop the finest staff of profes- sionals in our industry. Our manage- ment staff is comprised of individuals who are graduates of schools of hor- ticulture, possessing the academic background necessary to form a strong foundation. They have worked themselves up through the ranks of gardener, foreman, supervisor and regional manager, expanding their knowledge gained in the classroom by actually performing work on the properties and obtaining the practical experience which improves their understanding and capabilities ... a well- rounded staff of generalists, sup- plemented by groups of specialists, to offer complete expertise. Our company offers and performs these professional services. The Services The complete range of landscape maintenance services includes: a. Lawn and turf care, including programmed renovation, aeration and fertilization. b. Ground cover care, including weed control, insect and other pesticide controls. C. Tree and shrub care, including pruning, shaping, deep feeding and deep watering. d. Vine and espalier care, including continuous training of plant material. e. Pottery and hanging baskets care, including replacement of annual color. f. Complete monitoring of your irrigation system to insure proper coverage at all times. g. A complete fertilization program scheduled at the applicable inter- vals to guarantee the needed nourishment for all plant materials. h. Continuous clean -up of all waste materials generated by land- scape maintenance operations. i. Monitoring of garden lighting and other special features to make sure they are in constant repair and functioning properly. Our, company offers and performs these professional services. n . A Partial List Of Our Clients Public Agencies City of Arcadia City of San Diego City of Son Francisco County of Orange County of San Mateo Industrial Properties Cabot, Cabot & Forbes Honeywell Kaiser Center for Technology McGaw Laboratories Shell Oil Company Public Utilities Pacific Gas & Electric Company Southern California Edison Company Golf Courses Fullerton Golf Course Property Management Companies Coldwell Banker Company Damon Daike & Company Emkay Development Management Co. Naiman Company Other Types of Commercial Properties Bullock's Department Store Golden Valley Park Center Plaza Prudential Office Center Security Pacific Bank Sheraton Universal Hotel Stanford Shopping Center Sunkist Headquarters Condominiums & Apartments Crown Colony Apartments Islandia Homes Lincoln Properties Mariner's Bay Apartments Mission Bay Mobile Home Community Ponderosa Homes Environmental C, .e, Inc. Green Valley Landscaping, Inc. Servicing California.. Southern California: Environmental Care, Inc. Los Angeles 1920 South Yale Street Orange County Santa Ana, California San Diego Phone: 714- 546 -7843 Northern California: Green Valley Landscaping, Inc. San Jose 825 Maybury Road San Francisco San Jose, California Oakland Phone, 408- 288 -9770 Servicing Colorado. Denver Environmental Care, Inc. 2000 South Quebec Street Denver, Colorado Phone: 303- 755 -4567 Subsidiaries of environmental industries, inc. "Equal opportunity employers by choice" 1975 0 Environmental Industries, Inc. RESOLUTION NO. 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ENVIRONMENTAL CARE, INC. FOR MAINTENANCE OF VARIOUS CITY LANDSCAPE LOCATIONS WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain landscape maintenance agreement between the City of Newport Beach and Environmental Care, Inc. for maintenance of various City landscape locations; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk,are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 13th ATTEST: City Clerk day of December , 1976. Mayor DDO /bc 12/8/76