HomeMy WebLinkAboutC-4846 - Agreement for Maintenance Services at East Coast Highway Tree WellsAGREEMENT FOR MAINTENANCE SERVICES
AT EAST COAST HIGHWAY TREE WELLS WITH
PARK WEST LANDSCAPE MAINTENANCE, INC.
THIS AGREEMENT FOR MAINTENANCE SERVICES "Agreement" is made and
entered into as of this day of June, 2011, by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation and charter city ( "City "), and
PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation
( "Contractor "), whose principal place of business is 815 South Grand Avenue, Santa
Ana, California 92705 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires maintenance of tree wells on East Coast Highway, in Corona del
Mar.
C. City desires to engage Contractor to provide landscape maintenance to Tree
Wells on East Coast Highway, from Avocado Avenue to Hazel Drive ( "Project').
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on June 30, 2012, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1 Contractor shall perform all the work described in the Scope of Work
attached hereto as Exhibit A and incorporated herein by this reference ( "Work" or
"Services "). As a material inducement to the City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
Contractor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
professional standards in performing the Work required hereunder and that all materials
will be of good quality. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those prevailing industry standards of practice recognized by one
or more first -class firms performing similar work under similar circumstances.
22 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than Two (2) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference. No rate
changes shall be made during the term of this Agreement without the prior written
approval of the City.
4.2 Contractor shall submit monthly invoices to the Board of Directors for the
Corona del Mar Business Improvement District ( "BID ") describing the Work performed
the preceding month..Contractor's invoices shall include the name of the person and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task from the Scope of Services attached hereto which it
relates, the date the Services were performed, the number of hours spent on all Work
billed on an hourly basis, and a description of any reimbursable expenditures. Upon its
review and approval the BID shall submit Contractor's invoices to City. City shall pay
Contractor no later than thirty (30) days after approval of the monthly invoices by the
Board of Directors for the Corona del Mar Business Improvement District.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Services attached hereto. Unless otherwise
approved, such costs shall be limited and include nothing more than the actual costs
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and /or other costs and /or payments specifically authorized in advance in writing and
incurred by Contractor in the performance of this Agreement.
4.4 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the Project Administrator (as defined in Section 5 below) to be necessary
for the proper completion of the Project, but which is not included within the Scope of
Work and which the City and Contractor did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in accordance
with the Schedule of Billing Rates set forth in Exhibit A.
5. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
James W. Campbell, Principal Planner or his designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
6.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed unless approved in advance by the City Administrator.
6.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
7.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
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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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship 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, sub - consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
7.4 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
Consultant.
7.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work.
7.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
7.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the 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 express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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.
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9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
10. INSURANCE
10.1 Without limiting Contractor's indemnification of City, and prior to
commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
10.2 Coverage and Limit Requirements.
10.2.1 Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
with limits of at least one million dollars ($1,000,000) each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of the
Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
10.2.2 General Liability. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per occurrence,
two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000)
Products and Completed Operations Aggregate for bodily injury, personal injury, and
property damage, including without limitation, blanket contractual liability. Coverage
shall be at least as broad as that provided by Insurance Services Office form CG 00 01.
None of the policies required herein shall be in compliance with these requirements if
they include any limiting endorsement that has not been first submitted to City and
approved in writing.
10.2.3 Automobile Liability. 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 accident.
10.3 Other Insurance Provisions or Requirements.
10.3.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
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waiver of subrogation endorsement for workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced in
this Agreement must be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all insurance and bond
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
10.3.2 General liability insurance provisions. Primary and excess or umbrella
liability policies are to contain, or be endorsed to contain, the following provisions:
10.3.2.1 City, its elected or appointed officers, agents, officials, employees, and
volunteers are to be covered as additional insureds as respects: liability arising out of
activities performed by or on behalf of Contractor, including the insured's general
supervision of Contractor; products and completed operations of Contractor; premises
owned, occupied or used by Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City, its elected or appointed officers,
officials, employees, agents or volunteers. Contractor shall submit to City a copy of the
additional insured endorsement along with the required certificates of insurance.
10.3.2.2 Contractor's insurance coverage shall be primary insurance and /or
primary source of recovery as respects City, its elected or appointed officers, agents,
officials, employees and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services provided to the City.
Any insurance or self- insurance maintained by City, its officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
10.3.2.3 Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
10.3.3 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.
10.3.4 Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with 30 days notice of cancellatioh (except for nonpayment
for which 10 days notice is required) or nonrenewal of coverage for each required
coverage except for builder's risk insurance. The builder's risk policy will contain or be
endorsed to contain a provision providing for 30 days written notice to City of cancellation
or nonrenewal, except for nonpayment for which 10 days notice is required.
10.3.5 Self- Insured Retentions. Contractor agrees not to self- insure or to use
any self- insured retentions on any portion of the insurance required herein and further
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agrees that it will not allow any indemnifying party to self- insure its obligations to City. If
contractor's existing coverage includes a self- insured retention, the self- insured
retention must be declared to City. City may review options with the contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
10.3.6 Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
10.3.7 Waiver. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
10.3.8 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
10.3.9 Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
10.3.10 City's Remedies. City shall have the right to order the Contractor to
stop Work under this Agreement and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this article. In the alternative, City may purchase the required coverage and charge
Contractor the cost of the premiums or deduct the cost from Contractor's payments.
10.3.11 Coverage not Limited. All insurance coverage and limits provided by
contractor and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other Agreement
relating to the city or its operations limits the application of such insurance coverage.
10.3.12 Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
other Agreement with the City. Contractor shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A coverage binder or
letter from Contractor's insurance agent to this effect is acceptable. A certificate of
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insurance and /or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five days of
the expiration of the coverages.
11. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Contractor shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding
of any amounts found to have been improperly withheld.
12. CONFLICTS OF INTEREST
12.1 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 any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
12.2 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 immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
13. NOTICES
13.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: James W. Campbell, Principal Planner
Community Development Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3228
Fax: 949 - 644 -3224
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13.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Ralph Vazquez
Park West Landscape Maintenance, Inc.
815 South Grand Avenue
Santa Ana, CA 92705
Phone: 714 - 543 -2433
Fax: 714 - 543 -2410
14. NOTICE OF CLAIMS.
Unless a shorter time is specified elsewhere in this Agreement, before making its final
request for payment under the Agreement, Contractor shall submit to City, in writing, all
claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 900 et seq.).
15. TERMINATION
15.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
15.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Contractor. In the event of termination under
this Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Agreement.
16. STANDARD PROVISIONS
16.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
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16.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
16.3 Integrated Agreement. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal Agreement or implied covenant shall be held to vary the provisions
herein.
16.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
16.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
16.6 Effect of Contractor's Execution. Execution of this Agreement by
Contractor is a representation that Contractor has visited the Project Site, has become
familiar with the local conditions under which the Work is to be performed, and has
taken into consideration these factors in submitting its Project Proposal and Scope of
Work.
16.7 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.
16.8 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
16.9 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.
16.10 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Date: 6'�W
By:_ �km�' 0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: L& / CfGItO
Kimberly Brandt, AIU
Community Development Department
Director
CONSULTANT: Park West Landscape
Maintenanc I ., a California corporation
Date: �9//
By:
In rt Namerr� -` N�� C-
Insert Title AltvvJ
Date:
By :16nh NADI
Insert Name To,.l ro+.'at
Insert Title e,(ge4ndW- 040' %•om-'7-
Attachments: Exhibit A - Scope of Work, Schedule and Rates
FORM Maintenance and or Repair Services Agreement
111Page
EXHIBIT A
SCOPE OF WORK, SCHEDULE AND RATES
A -1 I Page
M EST
LANDSCAFEE MANAGEMENT
PROPOSAL
Corona del Mar Business Improvement District
Bernie Svalstad
P.O. BOX 2295
Newport Beach, CA 92657
Date: 511611011
Submitted by: Ralph Vazquez
Park West Landscape Maintenance, Inc., will furnish all labor and materials to the property listed below, in a good,
workman -like and substantial manner.
Business Improvement District
DESCRIPTION OF WORK:
Install plant material at approximately 134 tree wells as designed by Richard Ramsey Landscape Architect. Seven
(7) options are included, see attached drawing for detailed description. Planting costs include labor and
ammendments as needed.
815S. Grand Ave. Santa Ana, CA 91705 Tel: 714.338.0250 Far: 714.338.0251
/THIS PROPOSAL GOOD FOR 90 DAYS/
13 tree wells option 1
26
Ceonothus' carmel creeper'
$
13.50
$
351.00
52
Cotyledon'orbiculata'
$
13.50
$
702.00
26
Carex buchananii
$
13.50
$
351.00
35 tree wells option 2
70
Lavandula angustifolia
$
13.50
$
945.00
140
Eriogonum crocatum
$
13.50
$
1,890.00
70
Nasella tenuissima
$
13.50
$
945.00
19 tree wells option 3
38
Muhlenbergia rigens
$
13.50
$
513.00
38
Kalanchoe luciae
$
13.50
$
513.00
76
Festuca glauca
$
10.00
$
760.00
20 tree wells option 4
80
Aloe striata
$
13.50
$
1,080.00
80
Senecio mandraliscae
$
13.50
$
1,080.00
17 tree wells option 5
68
Eigeron karvinskianus
$
10.00
$
680.00
34
Eriogonum granole'rubescens'
$
13.50
$
459.00
34
Leymus condensatus'canyon prince'
$
13.50
$
459.00
815S. Grand Ave. Santa Ana, CA 91705 Tel: 714.338.0250 Far: 714.338.0251
/THIS PROPOSAL GOOD FOR 90 DAYS/
ACCEPTEDBY: Buyer /Agent's Signature Print Name Title Date
Proposal provided by: Park West Landscape Maintenance, Inc. (Contractor's License #745663)
PAYMENTS. Payments are due upon receipt of invoice. Anypoyment made after thirty (301 days from billing date, shall be considered overdue and will bear interest
at the maximum legally permissible rote. Afailure ofpaymentfor a period ofthiny1301 days shall be considered a major breach.
815 S. Grand Ave. Santa Alta, CA 92705 Tel: 714.338.0250 Fac: 714.338.0251
(THIS PROPOSAL GOOD FOR 90 DAYS)
11 tree wells option 6
24
Salvia 'mystic spires'
$
10.00
$
240.00
36
Asteriscus maritimus 'compact gold coin'
$
10.00
$
360.00
36
Artemesia'powis castle'
$
10.00
$
360.00
28 tree wells option 7
18
Dymondia margaretae
$
20.00
$
360.00
infill tree well Between Acacia and Begonia
4
1 gallon 8uxus
$
10.00
$
40.00
infill tree well Between Jasmine and larkspur
3
1 gallon Agapanthus
$
10.00
$
30.00
infill tree well between Marigold and Marguerite
6
1 gallon Nasella
$
10.00
$
60.00
Total
$
12,178.00
ACCEPTEDBY: Buyer /Agent's Signature Print Name Title Date
Proposal provided by: Park West Landscape Maintenance, Inc. (Contractor's License #745663)
PAYMENTS. Payments are due upon receipt of invoice. Anypoyment made after thirty (301 days from billing date, shall be considered overdue and will bear interest
at the maximum legally permissible rote. Afailure ofpaymentfor a period ofthiny1301 days shall be considered a major breach.
815 S. Grand Ave. Santa Alta, CA 92705 Tel: 714.338.0250 Fac: 714.338.0251
(THIS PROPOSAL GOOD FOR 90 DAYS)
ML DSCA.PE MANAGEMENT
PROPOSAL
Corona del Mar Business Improvement District
Bernie Svalstad
P.O. BOX 2295
Newport Beach, CA 92657
Date: 511612011
Submitted by: Ralph Vazquez
Park West Landscape Maintenance, Inc., will furnish all labor and materials to the property listed below, in a good,
workman -like and substantial manner.
Business Improvement District
DESCRIPTION OF WORK:
Modify irrigation to install an additional bubbler head per tree well. 119 total tree wells
Labor and all materials (Adjustable bubbler, pipe and fittings)
needed to change out and modify irrigation at tree well
approximately 119 tree wells @ $45 per tree well
ACCEPTEDBY: Buyer /Agent's Signature Print Nome Title
Proposal provided by: Park West Landscape Maintenance, Inc. (Contractor's License &745663)
$ 5,355.00
Total $ 5,355.00
Date
PAYMENTS: Payments are due upon receipt of invoice. Any payment made after thirty (30) days from billing date, shall be considered overdue and will bear interest at
the maximum legally permissible rare. A failure of paymentfor o period of thirty (30) days shall be considered a major breach.
815S. Grand Ave. Santa Ana, CA 92705 Tel: 714.338.0250F=- 714.338.0251
(THIS PROPOSAL GOOD FOR 90 DAYS]
®�/ ®�'7P�'9
815 S. Grand Ave.
?0250
awm= =LANDSCAPE MANAGEMENT
Phone: (714) 38
-
Fax: (714)338-0251
www.parkwestine.corn
May 16, 2011
Corona del Mar Business Association
City of Newport Beach
Re: Landscape Maintenance Proposal for the Business Improvement District in Corona del Mar, City of Newport Beach
Dear Ms. Foust:
I would like to personally thank you for the opportunity to present this proposal. We have the experience to maintain . your project
at the level you expect Our dedication to providing fast efficient and professional customer service is what sets us apart from the
other landscape management companies.
Our proposal is based upon our visit to the property as well as the specifications provided. All of the work will be performed in a
substantial and workmanlike manner according to standard industry practices for the sum of:
Business Improvement District, 181 Tree wells
Landscape Maintenance: One Thousand one hundred ($ 1,100.00) per month
Included:
o Tree well mulch two(2) times per year
u Seasonal Color change at monument plaza located on Marguerite and PCH
We shall provide all labor, equipment and insurance to satisfactorily perform all landscape services required by the AHPCA for one
calendar year from the date service begins. Payment for all services shall be due upon completion or by the 101h of the following
month.
Should you choose our company to handle your landscape needs, you are not just hiring a maintenance crew but rather an entire
team of professionals dedicated to your property. Included in this team -will be an experienced Supervisor, Certified Irrigation
Technician and trained laborers who will ensure high quality work standards are continually met.
We welcome the opportunity to work with you on this project with the ultimate goal of building a long -term relationship. Please
return this proposal with your signature as approval to schedule work to begin. Should you have any questions or need any further
information, please do not hesitate to call me at (714) 543 -2433.
Approved By: Date:
(Upon acceptance of this proposal a formal contract will be sent out for signature. Please let us know if you would prefer to use your own contract)
Sincerely,
PARK WEST LANDSCAPE MANAGEMENT
M
Brett McCormick
Division President P 2 L _I ' //lit.
y
_A\I• A V.&IJAGEVEILIT
Summary of Proposal and Unit Price Exhibit
Corona del Mar Business Improvement District, City of Newport Beach
Monthly Base Contract Cost
$1100.0
Weekly Hours average
8
Aeration
n/a
n/a
Emergency Response
X
Fertilization
X
- Turf sass 4 times per ear
n/a
n/a
- Shrubs, ground cover, vines 4 times per ear
X
- Annual color 4 times per y ear
X
- Trees
X
Weed Control
X
- Broadleaf weeds
X
- Invasive grasses
X
- Hardsca a weeds
X
Snail Abatement
X
Dump Fees
X
Rodent Control
X
Routine Chemical Application
X
- Pesticide, herbicide and insecticide
X
Thatching and Oversee din
We
1 square foot of cool season sod
$ 1.20
1 flat of V' otted annual color
$ 23.00
1 Flat of ground cover*
$ 21.00
(1) one gallon plant`
$ 10,00
1 five gallon planr
$ 20.00
1 fifteen gallon plant*
$ 70.00
1 fifteen gallon tree with 2 stakes and ties"
$ 95.00
1 24" box tree"
$260.00
1 36" box tree"
0 9 CO: WE,
1 6" pop-up spray head with nozzle
$750.00
NIKAW-4
$ 8.10
1 12" pop-up spray head with nozzle
$ 12.30
1 shrub head on 6" riser with nozzle
$ 3.95
(1 ) stream rotor 15 It to 30 ft radius
$ 12.49
1 stream rotor 35 It to 50 ft radius
$ 17.19
1 remote control valve 1"
:o 0 0-
1 hour labor for landscape laborer
$111.09
o
$ 21..00
1 hour labor forforeman
$30.00
1 hour labor for supervisor
$ 40.00
1 hour labor for irrigation specialist
$ 35.00
1 hourspray technician with truck
$ 50.00
1 hour driver with truck
$ 30.00
'Note: Unit pricing for plant material is for standard material only. Should specialty plant material such as succulents, cacti, palms,
etc. need to be procured, an additional charge may result.
LANDSCAPE MANAGEMENT SPECIFICATIONS
Date: 5 16 2011
The work involved, which shall be performed, includes the maintenance of all the common areas including but not limited to, lawns,
slopes, flowerbeds, shrub -beds and pathways. Contractor shall clean parking lots and roads of debris caused by Contractor. (i.e.
lawn clippings, hedge clippings, or any other landscape debris generated by workers of Park West Landscape Management)
Contractor shall maintain an emergency paging number (951- 493 -2860) available twenty-four (24) hours per day, seven days per
week.
Contractor shall designate a qualified representative with experience in landscape maintenance. The work force shall be uniformed
and personably presentable at all times. All employees shall be competent and qualified, and shall be a U.S. citizen or a legal
resident.
1. GENERAL MAINTENANCE
a. Complete policing of all areas once a week. General sweeping/blowing of parking lots is not included in this contract,
unless otherwise stated herein.
b. Contractorwill clean all drainage inlets, catch basins, concrete swales and drainage channels of debris, plant vegetation
and trash as needed. All city drainage inlets are not included. Costs of material, labor and special equipment needed for
repairing or replacing underground drain lines Is not included in this contract.
2. SPRINKLER MAINTENANCE
a. Sprinkler heads shall be cleaned as required to provide maximum coverage.
b. Contractor shall at its own expense, repair and /or replace any portion of the irrigation system damaged by Contractor
at no charge to the Owner. Contractor shall complete any such repairs within a reasonable amount of time after
discovery.
Any damage to the irrigation system that is not caused by Contractor and requires trenching, or repairs to aging /worn-
out components . such as, but not limited to; main lines; lateral lines; valves;. controllers; wiring; backflows; quick
couplers; new lines and or additional placement of sprinkler heads etc. will require the expertise of an irrigation
technician(s). Contractor shall complete any such repairs within a reasonable amount of time after discovery and only
upon the approval of the Owner or its authorized agent. Any such repair(s) shall be chargeable to Owner as an extra
immediately upon completion of work at $35.00 per labor hour plus materials. Hand watering is not included in the
contract and will be charged as an extra unless otherwise stated herein.
d. Contractor shall program irrigation timers to provide efficient watering to all plant and turf areas based on seasonal
conditions and plant requirements.
e. Contractor shall not be held responsible for overly wet or dry sections of the turf and plant zones as a result of poor
sprinkler system design /installation; placement of shrubs, trees or other obstacles on -site; shade caused by mature
trees and building profile; installation of plant material around sprinkler heads that may inhibit the spray pattern of the
sprinkler; shade which may contribute to mold; improper nozzleing etc. Contractor will notify and provide remedy for
correction.
f. Contractor shall produce a report outlining the general operating condition of the irrigation system within the first
quarter the landscape maintenance services commence, with recommendations for repairs and or upgrades.
3. LAWN MAINTENANCE
a. Complete mowing, edging and weed whipping of all lawn areas as per attached schedule.
b. Fertilize all turf areas four (4) times per year. Fertilizer type will be based on seasonal conditions and plant type. Soil
samples maybe taken, upon approval by Owner or its authorized agent, to determine soil type and deficiencies. Soil
samples will be charged as an extra. See attached fertilizer application schedule.
c. Complete removal of all broadleaf weeds, when possible, from turf areas with accepted chemical methods and
materials. Crab -grass removal and pre- emergent is an extra.
d. Turf height shall be maintained as appropriate for climate and seasonal conditions. Mowing height will be according to
grass type and variety. Contractor will leave clippings on the lawn as long as no readily visible clumps remain on the
grass surface 36 hours after mowing. Winter mowing schedule November 1 — April 1, mowing shall be performed every
other week.
4. TREE AND SHRUB MAINTENANCE
a. Complete trimming, edging and weeding of all shrub beds to produce a neat and healthy appearance. Hard pruning,
'lollipop', 'ball' shaped pruning of shrubs shall not be performed unless required to allow for passage, visibility, orto
maintain plant material to a desired shape /pattern. In most cases, natural pruning will be performed on shrubs to
encourage shrub massing and the natural shape of the plant material to occur. Death or decline of plant materials due
to improper selection, placement, planting or maintenance done before the time of this contract is not the
responsibility of Contractor.
b. Tree and shrub trimming will be performed as needed on trees and shrubs that are less than fifteen (15) feet in total
height. Trees and shrubs over fifteen (15) feet in total will be bid upon as an extra. Trees which have normal growing
habits of greater than (15) feet will not be topped to be kept under the (15) foot allowance. This applies as well to
existing trees, which have been topped in prior years.
c. Trees and shrubs growing next to walkways, paths, driveways, parking areas etc. shall be trimmed up to a height of 7
(seven) feet to allow for unobstructed movement by pedestrians and vehicles.
d. Tree ties shall be inspected regularly. Any girdling or embedded tree ties shall be removed.
e. Fertilize all shrub areas four (4) times per year. Fertilizer type will be based on seasonal conditions and plant type. Soil
samples may be taken, upon approval by Owner, to determine soil type and deficiencies. Soil samples will be charged
as an extra.
S. GROUND COVER MAINTENANCE
a. Complete weeding, trimming and edging of all ground covers as needed.
b. All ground covers shall be kept trimmed or removed away from water basins or drip line areas of individual trees as
needed.
c. Fertilize all ground cover areas (4) times per year. Fertilizer type will be based on seasonal conditions and plant type.
Soil samples may be taken, upon approval by Owner, to determine soil type and deficiencies. Soil samples will be
charged as an extra.
6. INTEGRATED PEST MANAGEMENT
a. Licensed Pest Control Applicator. All herbicides, miticides, insecticides, fungicides and other pesticides which are used
by the Contractor in furtherance of its obligations under this agreement, must be applied by a licensed pest control
operator or a licensed maintenance gardener in compliance with all governmental rules and regulations.
b. Contractor shall take reasonable steps necessary to maintain landscaped areas essentially free of harmful horticultural
insects and disease infestations as customarily occur in the vicinity of the project and as preventable by application of
available chemicals. The approach taken toward plant pest and disease problems will be one of integrated pest
management (IPM). This may include a combination of control methods, including biological controls, cultural controls,
physical controls and use of resistant plant varieties, as well as chemical controls. Plant pest and disease control will be
conducted where pest and disease problems cause a landscape area to fall below the Client's quality expectation level.
c. Contractor agrees to treat all shrubs, trees under 15 feet in total height and other plants with proper amounts of
commercially acceptable materials to control mites, insects, mollusks, and other pests and diseases that are susceptible
to standard IPM treatments. Contractor is not responsible for spraying trees over 15 feet in total height.
d. Contractor is responsible to keep all landscaped areas maintained essentially free of noxious weeds prior to the time
that such weeds go to seed, weather and soil conditions permitting. '
e. Owner acknowledges that certain undesirable noxious weeds, including but not limited to, Bermuda, oxalis, nut grass,
kikuya grass and others may not be susceptible to chemical or manual control, and to that extent, Contractor shall only
be responsible to take such necessary action as is the custom and practice of the landscape maintenance industry for
job sites similar to this project.
f. The cost of weed abatement chemicals and their application to planter areas and broad leaf weeds in turf areas is
included in this contract.
7. WEED CONTROL
a. Contractor is responsible to keep all landscaped areas maintained essentially free of noxious weeds prior to the time
that such weeds go to seed, weather and sail conditions permitting.
b. Owner acknowledges that certain undesirable noxious weeds, including but not limited to, bermuda, oxalis, nut grass,
kikuya grass and others may not be susceptible to chemical or manual control, and to that extent, Contractor shall only
be responsible to take such necessary action as is the custom and practice of the landscape maintenance industry for
job sites similar to this project.
c. The cost of weed abatement chemicals and their application to planter areas and broad leaf weeds in turf areas is
included in this contract.
8. EXTRA WORK
a. Contractor will furnish Client a written estimate for materials, labor and special equipment involved in the removal of
plant material, replanting of trees and shrubs, installation of groundcover, drainage system repair, irrigation system
repair, reseeding and sodding of turf areas, over seeding of turf areas, all mechanical or chemical aeration of turf areas,
and all street maintenance. The Contractor will not proceed until authorization has been received. All removal or
replacement of plant material (when not caused by contractors neglect) shall be provided at an extra charge upon
approval of Owner.
b_Any products or services not otherwise specified in this contract shall be negotiated between Contractor and Owner at
a price to be agreed upon between both parties. All extra work shall be completed at the man hour rates noted on the
unit price sheet.
c. After hours emergency calls are not included in the contract (emergency calls are defined as irrigation related or fallen
trees).
d. Storm related items (i.e. sand bagging, slope protection) are an extra and must have written authorization prior to
work being performed. Storm related items shall be billed at "time and material'.
9. EXTRA ITEMS NOT INCLUDED
a. _ Lab work, soil tests and plant analysis.
b. All repairs and replacement of irrigation components to the sprinkler system not caused by Contractor.
c. Hard pruning /reduction of shrubs.
d. Bark and mulch replacement.
e. Verticutting and over seeding of turf.
f. Manual watering, except where noted.
g. Root pruning of trees and shrubs.
h. Staking and guying materials for trees.
„ ., r
�P EST
LANDSCAPE MANAGEMENT
PROPOSAL
Corona del Mar Business Improvement District
Bernie Svalstad
P.O. BOX 2295
Newport Beach, CA 92657
Date: 511612011
Submitted by: Ralph Vazquez
Park West Landscape Maintenance, Inc., will furnish all labor and materials to the property listed below, in a good,
workman -like and substantial manner.
Business Improvement District
DESCRIPTION OF WORK:
Install plant material at approximately 134 tree wells as designed by Richard Ramsey Landscape Architect. Seven
(7) options are included, see attached drawing for detailed description. Planting costs include labor and
ammendments as needed.
815S. Grand Ave. Santa Ana, CA 92705 Te4- 714.338.0250 Fax: 714.338.0251
[THIS PROPOSAL GOOD FOR 90 DAYS)
13 tree wells option 1
26
Ceonothus ' carmel creeper'
$
13.50
$
351.00
52
Cotyledon'orbiculata'
$
13.50
$
702.00
26
Carex buchananii
$
13.50
$
351.00
35 tree wells option 2
70
Lavandula angustifolia
$
13.50
$
945.00
140
Eriogonum crocatum
$
13.50
$
1,890.00
70
Nasella tenuissima
$
13.50
$
945.00
19 tree wells option 3
`
38
Muhlenbergia rigens
$
13.50
$
513,00
38
Kalanchoe luciae
$
13.50
$
513.00
76
Festuca glauca
$
10.00
$
760.00
20 tree wells option 4
80
Aloe striata
$
13.50
$
1,080.00
80
5enecio mandraliscae
$
13.50
$
1,080.00
17 tree wells option 5
-
68
Eigeron karvinskianus
$
10.00
$
680.00
34
Eriogonum granole'rubescens'
$
13.50
$
459.00
34
Leymus condensatus'canyon prince'
$
13.50
$
459.00
815S. Grand Ave. Santa Ana, CA 92705 Te4- 714.338.0250 Fax: 714.338.0251
[THIS PROPOSAL GOOD FOR 90 DAYS)
12 tree wells option 6
24 Salvia 'mystic spires'
36 Asteriscus maritimus' compact gold coin'
36 Artemesia'powis castle'
18 tree wells option 7
18 Dymondia margaretae
infill tree well Between Acacia and Begonia
4 1 gallon Buxus
infill tree well Between Jasmine and larkspur
3 1 gallon Agapanthus
infill tree well between Marigold and Marguerite
6 1 gallon Nasella
$ 10.00
$
240.00
$ 10.00
$
360.00
$ 10.00
$
360.00
$ 20.00 $ 360.00
$ 10.00
$
40.00
$ 10.00
$
30.00
$ 10.00
$
60.00
Total $ 12,178.00
ACCEPTEDBY. Buyer /Agent's Signature Print Name Title Date
Proposalprovided by., Park West Landscape Maintenance, Inc. (Contractor's Lirense #745663)
PAYMENTS:Payments are due upon receipt of invoice. Any payment made after thirty (30) duyrfrom billing date, shall be considered overdue and will bear interest
at the maxim um legally permissible rate. Afailum ofpaymentfor a period of thirty (301 days shall be considered a major breach.
815S. Grand Ave Santa Ana, CA 92705 Tel: 714.338.0250F= 714.33 &0251
[THIS PROPOSAL GOOD FOR 90 DAYS]
m ✓�,1 ; ti'
PROPOSAL
Corona del Mar Business Improvement District
Bernie Svalstad
P.O. BOX 2295
Newport Beach, CA 92657
Date: 511612011
Submitted by: Ralph Vazquez
Park West Landscape Maintenance, Inc., will furnish all labor and materials to the property listed below, in a good,
workman -like and substantial manner.
Business Improvement District
DESCRIPTION OF WORK:
Modify irrigation to install an additional bubbler head per tree well. 119 total tree wells
Labor and all materials (Adjustable bubbler, pipe and fittings)
needed to change out and modify irrigation at tree well
approximately 119 tree wells @ $45 per tree well
ACCEPTEDBY: Buyer /Agent's Signature Print Name Title
Proposal provided by: Park West Landscape Maintenance, Inc. (Contractor's License #745663)
$ 5,355.00
Total $ 5,355.00
Date
PAYMENTS: Payments are due upon receipt of invoice. Any payment made after thirty (30) days from billing date, shall be considered overdue and will bear interest at
the maximum legally permissible rote. A failure afgaymentfor a period of thirty (30) days shall be considered a molar br each. -
815S. Grand Ave.. Santa Ana, CA 92705 Tel: 714.338.0250F=.- 714.338.0251
[THIS PROPOSAL GOOD FOR 90 DAYS]