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HomeMy WebLinkAbout_ Contract - Nova Landscape Group, Inc. - 202436 DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 PUBLIC WORKS AGREEMENT (Uniform Cost Accounting Contract-DBMC Chapter 3.25) The following agreement ("Agreement") is made and entered into, in duplicate, as of the date executed by the City Manager and attested to by the City Clerk, by and between Nova Landscape Group Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City." WHEREAS, City received Contractor's bid on May 31, 2024; and WHEREAS, City accepted the bid of Contractor under its Uniform Public Construction Cost Accounting Ordinance, Diamond Bar Municipal Code Chapter 3.25 ("UPCCA Ordinance"); and WHEREAS, the UPCCA Ordinance authorizes the Public Works Director to execute written contracts with the Contractor for furnishing labor, equipment and material for the LLAD 38 & 39 Landscape Replant in the City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the LLAD 38 & 39 Landscape Replant in the City (the "Work"). The Work to be perFormed in accordance with the proposal dated May 31, 2024 (the "Proposal") on file with the City and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City's Project Manager, who is Jason Williams, Supervisor. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY/PRIORITY OF DOCUMENTS: The Proposal is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Proposal, May 31, 2024 ("Contractor's Bid") together with this Agreement shall constitute the entire agreement between the parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in this Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) this Agreement; and (2) the Proposal (collectively, the "Contract Documents"). 3. COMPENSATION: Contractor agrees to receive and accept the prices set forth in its Contractor's Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all obligations hereunder. Said compensation in the amount of eighteen thousand seven hundred thirty four dollars and fifty six cents ($18,734.56) shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance, including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension or discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, 1363002.1 j DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. 4. TERM OF AGREEMENT/LIQUIDATED DAMAGES: Contractor agrees to complete the work within twenty �, calendar days from the date of the notice to proceed (the "Completion Date"). 5. INSURANCE: Contractor shall not commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. The Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $2,000,000 per accident for bodily injury and property damage. 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. c. Each such policy of insurance provided for in paragraph b. shall: 1363002.1 2 DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage." 5) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any sub- contractor in performing the work provided for herein; 6) Otherwise be in form satisfactory to the City. d. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. Contractor shall cause a copy of such determinations to be posted at the job site. Contractor shall forFeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any sub-contractor under him. Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the 1363002.1 3 DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 award of a contract for a public work on any public works project awarded after April 1, 2015 to a person not registered. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions. Contractor and any sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in perForming the work; or for injury or damage to any person or persons, either workers or employees of Contractor, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the perFormance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. Contractor will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub- 13630021 4 DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations perFormed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735. 13630021 5 DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 12. RESERVED: 13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications. 14. TERMINATION: This Agreement may be terminated by the City for any reason upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits. State of California Contractor's License No. 1015991 Contractor's Business Phone:909-681-6949 Contractor's emergency phone which can be reached at any time: 909-681-6949 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. Nova Landscape Group, Inc. DocuSignedby: 6��0„� ,��,.,a By: George Magana +�EF11.28GSEC]S�L10,.,— Title: Chief Executive Officer 6/10/2024 Date: By: Title: Date: 1363002.1 ( DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 CITY OF DIAMOND BAR, CALIFORNIA DocuSigned by: ��t,l ��.�t,��t,v� 6/10/2024 By: David�iu, irector of Public Works Hal Ghafari , Public works Manager/assistant City Engineer on behalf of David Liu A I TE , DocuSigned by: ��`— 6/13/2024 By: � Kris�ina��an ana, City Clerk APPROVED AS TO FORM: DocuSigned by: ,�. , 6/10/2024 Omar an oval, City Attorney *NOTE: If Contractor is a corporafion, the City requires the following signature(s): -- The Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 1363002.1 7 DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 ��► No�n � AEW NO.: 053124-0719 LANDSCAPE GROUP 15218 Summit Ave#300-734 Fontana CA 92336 Phone:(909)681-69491 Email:wmagana@nlg-inc.com Contract 8�Authorization For Extra Work Date: Ma 31,2024 INTERNAL USE ONLY Job Name: Grand Ave.Plant Material Installation Client No: JobAddress: Grand Ave.Median Island BranchlJobNo: 112200 Diamond Bar CA.91765 sales order No: Bill To: Clients P.O.No.: attention: Jason Williams/Anthony Jordan Tax Code: Bill To Address: Account Code: 130 Client Phone#: Project Name:Grand Ave.and Summit Ridge Dr.Median Island OTHER NOTES: � DO NOT MAIL;SEND INVOICE BACK TO BRANCH Plant material installation in open areas. � ATTACH COPY OF APPROVAL WITH INVOICE Scope of Work/ Labor&Materials QTY. SIZE MATERIAL Prep planter for new plant material.Lower soil 2"below final grade 40 5-gal Povide and instal 5gal Echeveria after glow 3 5-gal Provide and install 5gal red Yucca 2 C.Y. Forest Floor 0-2"decorative mulch Slope Area#1(coming from East to West of Southside of Grand Ave.) 80 5-gal Provide and install 5gal Calistemmon-Little John 32 5-gal Provide and install5gal Tacomaria-Cape Honeysuckle 34 5-gal Provide and install 5gal Xylosma congestum-Shiny xylosma 80 5-gal Provide and install Sgal Acacia redolens-Desert carpet(under Pepper tree) Slope Area#2(coming from East to West of Southside of Grand Ave.) 48 5-gal Provide and install Sgal Eleagnous-Silverberry 48 5-gal Provide and install 5gal Pyracantha-Santa Cruz Slope Area#3(coming from East to West of Southside of Grand Ave.) 60 5-gal Provide and install 5gal Acacia redolens-desert carpet(Under pepper tree) 36 5-gal Provide and install 5gal Abelia Grandiflora Total Labor&Materials,including Sales Tax 5�8,�34.56 This proposal is valid for 60 calendar days unless otherwise approved by Nova Landscape Group Inc. ��.osi,zns THIS IS NOT AN INVOICE DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 TePI11S ari(1 COri(11t10riS No. os3�2a-o�i9 Total: $78,734.56 1. The Contrac[or shall recognize and perform iu accordance with written ternvs,written specifications aud drawings only,contained or referred ro herein.All materials shall conform to bid specifications. 2. Work Force:Contractor shall designate a qualified representa[ive wi[h experience in landscape maintenance/cons[ruction upgrades.The workforce shall be competent and qualified,and shall be legally authorized to work in the U.S. 3. License and Permits:Contractor shall maintain a Landscape Contractor's license,if required by State or local law,and wil]comply with all other license and permit requirements of the Ciry,State and Federal Governments,as well as all other requirements of law. 4. Taxes:Contractor agrees ro pay all applicable[axes,including sales tax where applicable on material supplied. 5. Insurance:Contractor agrees to provide General Liability Insurance,Automobve Liability Insurance,Worker's Compensation Insurance,and any other insurance required by law or C1ie�UOwoer,as specified in writing priar to commencement of work. If not specified,Conhactor will furnish insurance with$1,OOQ000 limit of Iiabiliry. 6. Liabili :Contractor shall indemnify the ClienUOwner and its age�ts and employees from arid against any liabilities that arise out of Contractor's work to the extent such liabilities are adjudicated to have bee�caused by ContracWr's negligence or willful misconduct Cond�actor sha11 not be liable for any damage that occurs from drought restnetions,or Acts of God which are defined as those caused by windstorm,hail,fire,flood, earthquake,and freezing,et�c.Under these circumstances,Conffactor shall have the right to renegotiate[he tenns and prices of this agreement within sixty(60)days.Any illegal trespass,claiins and/or damages resulCing from work requested that is not on property owned by C1ienUOwner or not under ClienUOwner management and control shall be the sole responsibility of the C1ienUOwner. 7. Subcontractors:Conh-actor reserves the right to hire qualified subcon[ractors to perform specialized functions or work requiriog specialized equipment. 8. Additional Services:Any additional work not shown in the above specifications involving exd�a costs will be executed only upon signed wriften orders,and will become an extra charge over and above the estimate. 9. Access to Jobsite:ClienUOwner shall provide all utilities to perform the work.Client/Owner shall fumish access to all parts ofjobsite where Contractor is W perform work as required by the Contract or other functions relared thereto,during normal business hours and other reasonable periods of time.CoutracYor will perfonn work as required by the Contrac[or o[her functions related fhereto,during normal business hours and other reasonable periods of time.Contractor will perform the work as raaso�ably practical after the owner makes the site available for performance of the work 10. Invoicine:ClienUOwner shall make payment to Contractor within fifteen(15)days upon receipt of invoice. In the event the schedule for the completion of the work shall require more than thirty(30)days,a progress bill will bepresented by month end and shall bepaid within fiftee��(LS)days upou receiptofinvoice. 11. Termination:This Work Order may be terminated by the Client/Owner with or wit}�out cause,upon seven(7)work days advance written notice. ClienUOwner will be required to pay for all materials purchased and work completed to the date of termivation and reasonable charges incurred in demobilizing. 12. Assienment:The Client/Owner and the Contractor,respectively,bind themselves,their partners,successors,assignees and legal representatives to the other parry with respectto all covenants of this Contract In thc event of sale or transfer of ClienUOwner's interest in its business and/or the property which is the subject of this agreement,GienUOwner must first obtain the written consei�t of Contractor for the assignment of any i�terest i�this agreement to be effective. 13. Disclaimer: This proposal was estimated and priced based upon a site visit�and visual inspecYion from ground level using ordinuy means,at or aboot the fimc this proposal was prepared.The price quoted in this proposal for the work described,is the result of that ground level visual inspection and therefore oar company will not be liable for any additional costs or damages for additional work not described hereiq or liable for ury inciden[s/accidents resulting from conditions,[hat were not ascertainable by said ground level visual inspection by ordina�y means at the time said inspection was performed.We cannot be held responsible for unknown or otherwise hidden defects.Any corrective work proposed herei�cannot guaraotee exact results.Professio�al engineering architectural,and/or landscape design services("Design Services")are not included in this Agreement and shall not be provided by the Contractor.Any design defects in the Contract Documents are the sole responsibility of the Ownec If the ClienUOwner must engage a licensed engineer,architect and/or landscape design professional,any cosYs coucerning these Design Services are to be paid by the C1ienUOwner directly to the designer involved. Acceptance of this Contract Contractor is authorized to perf'orm the work stated on the face of this Contract. Payment will be 100%due at time of billing.If payment has not been received by Nova Landscape Group inc.within fifteen(30)days after billing,Nova Landscape I.andscape Group shall be entitled to all costs of coRection,including reasonable attorneys'fees and it shall be relieved of any obligation to continue performance under this or any other Contract with Ctient/Owner.Interest at a per annum rate of 1%per month,or the highest rate permitted by law,will be charged on unpaid balance 45 days after billing. NOTICE: FAILIJRE TO MAKE PAYiV1ENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS,MAY RESULT 1N A MECHANIC'S LIEN OY THE T1TLE TO YOUR PROPERTY. Client/Owner Nova Landsape Group Inc. Email: Email:wmagana@nlg-inccom By: By: 5l31/24 Signzture / Title Signature , Date Rafael Munoz Account Manager Prin[ed Name � Da[e P�in[ed Nune / 7'itle DocuSign Envelope ID:93C59DD1-7FAF-4346-A6C5-E372DFAE78A0 EXCLUSIONS&QIIALIFICATIONS NOTES PersonneU Working hours • Our bid is based upon personnel working normal daytime hours 8 hour work day and 40 hour work week and does not include working in an ineffective manner i.e.working in the rain or unsafe working conditions. • Nova Landscape Group Ine.is an open shop conhactor,non-signatory to any labor agreements. This proposal is based on non-prevailing wage rates. • This work is based on non-union Iabor. • This proposal is based on performing ihe work in one continuous operation and includes one mobilization of equipment ro and from site. Utilities,traffic,and permitting • Nova Landscape Group Inc.has notincluded any permits or fees for this work in this proposal.Permits and fees if required are to be supplied and paid for by others including street closure and ffaffic control plans. • Water meters,fees,permits and cost for water not included in proposal. • Nova Landscape Group Inc.is not responsible for undergrouud or overhead utilities or their re-routing. • Nova Landscape Group Inc.is not responsible for unmarked private utilities. • A minimum of(48)hour notice prior to mobilization must be provided for proper underground utility marking,efi.in public areas. • The owner shall be responsible for identifying and marking all uuderground udlities within in the work site.Nova Landscape Group Inc.shall accept no responsibiliry for da�nage to any umnarked underground utilities. Scope of Work/Project Specs • No import or export soils are provided for in this proposal except as noted in the materials list.All pla�dng spoils to be used on site. • Equipment access roads and level crane pads are to be pirovided as the time of installation and approved by Nova Landscape Group Inc. • Any aud all concrete or asphalt cu[ting,demolition aud removal,to be performed by others. • Hardscape,electrical,demolition,surveying,metal work or wa[erproofmg,noY included. • No demolition work is provided for in this proposal. • Nova Landscape Group Inc.will receive the site clean and free of weeAs and construction debris and in finish graded condition(plus or minus 1/I O�h foot) • Site is to be readily accessible to smood�bucket skip loader,forklift,and workmen with hand tools,semi truck and hailer. • Cutting,patching or penetration af planter walls is noT included.Coring of stluctures has not been included.Others will provide all necessary peneffations into existing planters,etc.Sealing of these penetra[ions[o be by others also. • Waterproofing,protection boards,and topping slabs shall be completed,in place and tested by otheis. • Specified plant material is subject ro availability at the time of conshuction. Irrigation • Nova]andscape Group Inc.shall be give�i sufficient norice to place irriga[ion sleeving prior ro paving and/or curbing or wall footings being poured. • No hardscape(asphalt,cone�ete,efi.)cutting for purposes of installi�g irrigation piping,wires,etc.is providf;d Yor in this proposal. . irrigation to be taken trom provided point of connection no meter installation included. • Irrigation to be installed per plan no deviation from plan has been included.Any necessary irrigation modifications to be billed at time and materials. • Power(1 I Ov)P.O.C.for irrigation controller will be provided by fhe Owner • Nova Landscape Group Inc-will warranry the irrigatio�system,with regards to material qualiry and workmanship for(90)days from the date of installation. Warranty • Nova landscapc Uroup Inc.shall guaran[ee all shrubs and ground covers lor a period of(90)days and all specimen trees for a period of one(1)year,or for as long as Nova Landscape Group Inc.is retained as the maintenance provider.