HomeMy WebLinkAboutC-5837 - MSA for Landscape Maintenance Services for Corona del Mar Business Improvement District0
PINNACLE
March 11, 2015
City of Newport Beach
Mike Pisani
Deputy General Services Director
100 Civic Center -Dr
Newport Beach, CA 92660
Subject; Landscape Contract Change
Dear Mike,
I just wanted to inform you that our CEO Jason Stewart has left Pinnacle Landscape
Management, Inc., and will no longer be responsible for Pinnacle's business with the City of
Newport Beach. George Meadows, President OC Division will be the new contact for Pinnacle in
charge of ongoing business with the city and is authorized to sign contracts with the city. He can
be contacted at 714-721-9252, or George(a)_reach4pinnacle.com. We apologize for any
inconvenience, and please feel free to contact me with any questions.
*adebhard Landscape Management, Inc.
2200 S. Fairview
Santa Ana, CA 92704
2200 S. Fairview Street, Santa Ana, CA 92704 • (714) 434-7472 (P) • (714) 434-7492
(F)www.pinnaclelandscapecompany.com
CA Contractor License. #835710
(q--�
MAINTENANCE SERVICES AGREEMENT
�J
WITH PINNACLE LANDSCAPE MANAGEMENT, INC.
Jl
DBA PINNACLE LANDSCAPE COMPANY FOR
LANDSCAPE MAINTENANCE SERVICES FOR
Q„i
CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 1st day of June, 2014 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PINNACLE LANDSCAPE MANAGEMENT, INC., a California corporation,
doing business as ("DBA") PINNACLE LANDSCAPE COMPANY, ("Contractor'), whose
address is 2200 S. Fairview Street, Santa Ana, California 92704, 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 desires to engage Contractor to perform landscape maintenance services
within the Corona del Mar Business Improvement District ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation 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 Effective Date, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). As a material inducement to 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
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
standards" shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
2.2 Contractor shall perform all Work 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner 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 within two (2) calendar days of the occurrence causing the delay 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 as defined herein, 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
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
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 B and incorporated herein by reference. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed Sixty Five Thousand Dollars and 00/100 ($65,000.00), without
prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to the City's Project Administrator
or designee describing the Work performed the preceding month. Contractor's bills
shall include the name and/or classification of employee who performed the Work, a
brief description of the Services performed and/or the specific task in the Scope of
Services to 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
Pinnacle Landscape Company Page 2
expenditures. City shall pay Contractor no later than thirty (30) calendar days after
approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Jason Stewart to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. City's Public
Information Specialist or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 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 or utilized unless approved in advance and in writing
by the Project Administrator.
Pinnacle Landscape Company Page 3
8.2 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 industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 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.
9.2 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 Contractor.
9.3 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
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,
attorneys' 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, 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).
Pinnacle Landscape Company Page 4
9.4 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 attorneys' 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
Contractor.
9.5 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 by Contractor or its agents.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work 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.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
Pinnacle Landscape Company Page 5
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50%) or more of the voting power or
twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
Pinnacle Landscape Company Page 6
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
20. 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/her 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.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 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.
22.2 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
Pinnacle Landscape Company Page 7
City for any and all claims for damages resulting from Contractor's violation of this
Section.
23. NOTICES
23.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
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.
23.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Public Information Specialist
City Manager's Office
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Jason Stewart
Pinnacle Landscape Company
2200 S. Fairview Street
Santa Ana, CA 92704
24. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this 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. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
25. TERMINATION
25.1 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
Pinnacle Landscape Company Page 8
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
26. LABOR
26.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seq.).
26.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
26.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
26.4 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 from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
27.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
27.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
Pinnacle Landscape Company Page 9
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
27.4 Integrated Contract. 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.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 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.
27.7 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.
27.8 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.
27.9 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, State of California.
27.10 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, age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Pinnacle Landscape Company Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:kA'S& IA v-4 k&D Lr
Aaron C. arp
City Attorney
ATTEST: 2q/
Date: �" (''
By: iomt�
Leilani I. Brown
City Clerk
h2-1-/FoRr%
CITY OF NEWPORT BEACH,
a California munici al corporation
Date: 5
Dave
City Manager
CONTRACTOR: Pinnacle Landscape
Management, Inc., a California corporation
DBA Pinnacle Landscape Company
Date:
By:
Ja on Stew
Chi xecutive Officer
Date: vl'�
By:
Caden Gebhard
Secretary/Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Pinnacle Landscape Company Page 11
EXHIBIT A
SCOPE OF SERVICES
All Work performed will be in accordance with this Scope of Services as it relates
to the following job name and address:
Job Name: East Coast Highway Tree Wells
Physical Job Address: East Coast Highway from Avocado Avenue to Hazel
Drive
1. LANDSCAPE MAINTENANCE SPECIFICATIONS
1.1 GENERAL
1.1.1 It is the intention of this Scope of Services to provide for the highest
level of quality in landscape maintenance. Methods and procedures shall be the most
recently recommended, recognized and/or registered for the industry; and
1.1.2 Contractor shall furnish all supervision, labor, materials and
equipment necessary to complete the maintenance service, on and off, of the premises,
as specified in the maintenance outline below. This includes procurements, off-site
disposals, and travel time.
1.2 REPAIR OF DAMAGE
Any damage, scars or disfigurements caused solely by Contractor with no other
contributing factors, to any material or property, constituting a part of or contained in
said premises, resulting from the methods or materials used or employed by
"Contractor" from the acts of his employees or agents. In fulfilling his duties there under
and in accomplishing the proposed hereof, shall be promptly repaired and/or replaced
by "Contractor" at his own cost.
1.3 DAMAGE
Contractor is exempt from any liability or obligation for cost to repair damages or
personal injuries arising, by Acts of Nature, such as earthquake, wind, storm, hail,
Tsunami, tornados, water spouts, drought, fire, extreme heat, flood, power outages,
war, strike, riot, crime, terrorism, domesticated & non -domesticated animals and
freezing. Vandalism and theft, car accidents are considered some other willful acts over
which Contractor has not any control and is, therefore, exempt from any and or all
financial responsibilities. "Damage, Vandalism and Theft caused by those other than the
Contractor are considered some other willful acts, over which Contractor has not any
control, City and/or City's Agent/Representative(s), therefore; exempts Contractor from
any and all financial responsibilities.
Pinnacle Landscape Company Page A-1
1.4 DAYS
Contractor observes both State and Federal holidays including but not limited to:
New Year's Eve, New Year's Day, Good Friday, Easter Day, Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day, as the holiday
days may fluctuate year to year, day of service may be altered. Rain days or any acts
as such are to be considered Acts of Nature and Contractor will NOT be
subject/required to make up such days.
2. KNOWLEDGE OF PROJECT AND MAINTENANCE PLAN
2.1 KNOWLEDGE OF PROJECT
Upon request, Contractor will provide one (1) Quarterly Visit, to meet with City
representatives to discuss previous quarter activities and the next quarter maintenance
plan. Any additional meeting requests must be scheduled in advance at least two (2)
weeks prior, to set a mutual meeting date.
2.2 DRESS CODE
For the purpose of employee identification for all personnel working on the
property, the Contractor shall provide uniforms and/or all employees shall wear other
employee identification and uniforms at all times that, they are on site.
2.3 WATER MANAGEMENT CONCEPTS
Water management techniques will be based on the State of California's AB325
Landscape Water Ordinance requirements as specified by the local water purveyor.
Allocation variations are subject to drought or unusually wet conditions and to
conservation measures.
3. MAINTENANCE MANAGEMENT
3.1 GROUND COVER MAINTENANCE
3.1.1 Contractor shall trim and edge all ground covers as needed.
3.1.2 Beds shall be weeded and cleaned of all debris on a regular basis
to maintain a neat and clean appearance.
3.2 IRRIGATION SYSTEM MAINTENANCE
3.2.1 Contractor shall administer appropriate irrigation of all turf, shrub,
trees, flowerbeds, and slopes.
3.2.2 Contractor shall adjust irrigation schedule for seasonal and special
conditions such as rainfall, wind, temperatures, exposures, etc.
Pinnacle Landscape Company Page A-2
3.2.3 Contractor will inspect and adjust all irrigation heads and
components for coverage and adjustment. Complete Irrigation system inspection for
routine repairs will be performed on a monthly basis.
3.2.4 Contractor, when and if possible, will adjust heads, to prevent
overspray on buildings, sidewalks or other un -landscaped areas.
3.2.5 Should poor coverage of localized areas become evident,
Contractor will submit proposal for remedy recommendation and upon written approval
by City and/or City's Agent/Representative, work will be scheduled.
3.2.6 Contractor shall not be held responsible for damage of any kind,
due to malfunction of an irrigation system, including but not limited to structural damage
or Acts of Nature.
3.2.7 Repair or replacement of irrigation system components to be
invoiced as time and material, which can include damages caused by other services,
vandalism or Acts of Nature. This agreement represents authorization to repair/replace
minor irrigation components without prior approval to alleviate further damages and/or
waste on property, Invoice will be submitted to City and/or City's Agent/Representative,
for payment.
3.2.8 Any all -major and/or pre-existing irrigation conditions shall be
repaired on a time and material basis, by separate proposal and upon written approval
by City and/or City's Agent/Representative, work will be scheduled.
3.3 SEASONAL COLOR AND HIGH VISUAL IMPACT AREAS
Contractor shall maintain all seasonal color beds in such a manner as to promote
full blooming on a continual basis as much as possible or weather permitting and keep
high visual impact areas weed and debris free as much as possible. Installed color is
not warranted.
4. EXTRA WORK
4.1 PROCEDURE
4.1.1 Duties that require the services of a technician such as irrigation
technician, arborist, spray technician, horticulturalist, and pest control advisor, etc. will
be invoiced as extra work. Contractor will submit proposal, and upon written approval by
City and/or City's Agent/Representative, work will be scheduled.
4.1.2 Special fertilization, soil testing, plant tissue testing, pest control,
and tree pruning. Contractor will submit a proposal for any extra work projects, and
upon written approval by City and/or City's Agent/Representative, work will be
scheduled.
Pinnacle Landscape Company Page A-3
4.1.3 Extra work that is billed on a time and materials basis shall be billed
agreed upon in writing. Contractor will submit proposal for remedy recommendation and
upon written approval by City and/or City's Agent/Representative, work will be
scheduled.
4.1.4 City and/or City's Agent/Representative request and/or Contractor's
recommendation, installation of new plant material replacement or removal of trees,
shrubs or ground covers, and/or the renovation of same shall be considered extra work
and will require separate written sales contract. Contractor will submit proposal for
remedy recommendation and upon written approval by City and/or City's
Agent/Representative, work will be scheduled.
4.1.5 For any items not covered under the terms and conditions of this
agreement, Contractor will submit a proposal for any extra work projects and upon
written approval by City and/or City's Agent/Representative, work will be scheduled.
4.2 TRASH REMOVAL
All landscape debris accumulated because of maintenance operations shall be
removed from the site at no additional cost to the City. Any other removals shall be
charged as extra work, Contractor will submit a proposal for any extra work projects,
and upon written approval by City and/or City's Agent/Representative, work will be
scheduled.
4.3 EMERGENCY SERVICE
4.3.1 Contractor shall provide emergency service and respond to calls
outside of normal business hours, at a rate of $65.00 per hour, port to port. Equipment
and materials will be billed separately to City and/or City's Age nt/Representative.
(Normal business hours are Monday -Friday, 7:00 a.m. to 4:00 p.m.).
4.3.2 After-hours Emergency Response Team, number is (714) 434-
7472.
5. SERVICE REQUESTS/WORK ORDERS
For any Service Requests/Work Orders, City and/or City's Agent/Representative
will submit request(s) via E-mail to service@pinnacle land scape.co or Fax to (714) 957-
3168.
Pinnacle Landscape Company Page A-4
EXHIBIT B
SCHEDULE OF BILLING RATES
Contractor shall provide weekly Landscape Maintenance, in accordance with the Scope
of Services (Exhibit A) as follows for the property known as 'East Coast Highway Tree
Wells' located on East Coast Highway from Avocado Avenue to Hazel Drive.
TOTAL MONTHLY COST:
Special Conditions:
4 flats of annual color, 4
Marguerite and PCH
$ 1,040.00
times yearly included at monument plaza located at
Bark mulch included twice yearly.
Annual Color to be installed in the months of November, February, May and
August. This installation shall be agreed upon between Contractor and the
City.
Hand watering of 10 tree wells is included.
EXTRA WORK:
Per -planter cost for installing succulents (see attached breakdown): $189.00
Installation of drip irrigation for 5 planters along PCH (see attached breakdown):
$1,090.00
Pinnacle Landscape Company Page B-1
"'J" ,"Al,;'
CONTRACT
LANDSCAPE MAINTENA,NC, E"�'
Included in
Conhact"
Excludedvo $
C, 9sPr?"o,Tj,4ecse
Va�r^Confiactd"'$•,,'wr�ty,,�t�t��ei;
Monthly Base Maintenance
$1,040.00
Aeration
X
Emergency Response
X
Fertilization - Rates Described Below
X
-Turfrass
4
times per
ear
X
- Shrubs, ground cover, vines
_4_times
per
ear
X
- Annual color
4
times per
ear
X
-Trees
2
times per
ear
X
Weed Control
X
- Broadleaf weeds
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 Overseedin
X
'EXTRA PLANT MATERIAL -,LABOR AND: MATERIALS
`'
Unit Cost ('
1 square foot of cool season sod
$ 1.25
1 flat of 4" potted annual color labor and
materials
25.00
1 flat of 4" potted annual color labor on
$ 8.00
1 flat of 4'1vy geranium
35.00
1 flat of ground cover
22.00
1 one gallon plant
$ 8.50
1 five gallon plant
$ 25.00
1 fifteen gallon plant
$100.00
1 fifteen gallon tree with 2 stakes and ties
$110.00
1 24" boxed tree
$275.00
1 36" boxed tree
$675.00
1 cubic yard of landsca e mulch
50.00
LABOR COSTS. EXTRA WORK
Unit Cost ".
1 hour labor for maintenance worker
$22.00
1 hour labor for maintenance foreman
$ 35.00
1 hour labor for chemical applicator
$60.00
1 hour labor for irrigation specialist
$40.00
Pinnacle Landscape Company Page B-2
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Pinnacle Landscape Company C-1
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 each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Pinnacle Landscape Company C-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Pinnacle Landscape Company C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
Pinnacle Landscape Company C-4