HomeMy WebLinkAbout24B092 - Universal Green LLCCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Landscape & Grounds Maintenance Svcs-Assessment Districts
Universal Green LLC
Salvador Moreno-Ramos
salvador@universalgreen.llc
provide landscape & grounds maintenance services for the
assessment districts
$887,055
July 1, 2024 through June 30, 2027
Yes
Salvador Moreno-Ramos, salvador@universalgreen.llc
Maintenance & Facilites
Daniel Martinez
05/23/2024
24B092
N/A
Yes
Yes
Yes
Procurement
N/A
No
IFB 24-05
N/A
N/A
N/A
4/30/2024 Brian Sotak-Rossman
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CONTRACT SERVICES AGREEMENT 24B092
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES –
ASSESSMENT DISTRICTS
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered
into on July 1, 2024, by and between the City of Palm Springs, a California charter city and
municipal corporation (“City”), and Universal Green LLC, a California Limited Liability Company,
(“Contractor”). City and Contractor are individually referred to as “Party” and are collectively
referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm to provide landscape and
grounds maintenance services for the assessment districts, (“Project”).
B. Contractor has submitted to City a Bid to provide landscape and grounds
maintenance services for the assessment districts, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified
and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants,
and conditions contained herein, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide services to City as described in the Scope of Services/Work attached to
this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and
satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality,
experienced, and well qualified members of the profession currently practicing under similar
conditions. In the event of any inconsistency between the terms contained in the Scope of
Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement
shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state,
and local laws, statutes and ordinances and all lawful orders, rules, and regulations when
performing the Services. Contractor shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the Services
required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it
has carefully considered how the Work should be performed and fully understands the facilities,
difficulties, and restrictions attending performance of the Work under this Agreement.
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2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of
this Agreement according to the agreed upon schedule of performance set forth in Exhibit
“A.” Neither Party shall be accountable for delays in performance caused by any condition
beyond the reasonable control and without the fault or negligence of the non-performing
Party. Delays shall not entitle Contractor to any additional compensation regardless of the
Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit “A”. The total amount of Compensation shall not exceed $887,055.00.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment,
Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice,
no later than the first working day of such month, in the form approved by City’s finance director.
Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services
performed. City shall pay Contractor for all expenses stated in the invoice that are approved by
City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by
City, Parties shall execute a written amendment to this Agreement, specifying all proposed
amendments, including, but not limited to, any additional fees. An amendment may be entered
into:
A. To provide for revisions or modifications to documents, work product, or
Work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not made,
this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event if Contractor
notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure
Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the Work);
and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its capacity as a
municipal authority. After Contractor notification, the Contract Officer shall investigate the facts
and the extent of any necessary delay, and extend the time for performing the Services for the
period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
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The Contract Officer’s determination shall be final and conclusive upon the Parties to this
Agreement. The Contractor will not receive an adjustment to the contract price or any other
compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement,
this Agreement shall continue in full force and effect for a period of three years, commencing on
July 1, 2024, and ending on June 30, 2027, unless extended by mutual written agreement of the
Parties. In addition, the term may be extended at the sole discretion of the City upon written notice
to the Contractor, for two (2) additional one (1) year terms.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at
any time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to health, safety,
and general welfare, the period of notice shall be such shorter time as may be determined by the
City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services
except such as may be specifically approved by the Contract Officer. Contractor shall be entitled
to compensation for all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer after such notice. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be
entitled to payment for unperformed Services and shall not be entitled to damages or
compensation for termination of Work. If the termination is for cause, the City shall have the right
to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the
cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice
to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated
as being the principal and representative of Contractor authorized to act and make all decisions
in its behalf with respect to the specified Services: Salvador Moreno-Ramos, Member. It is
expressly understood that the experience, knowledge, education, capability, and reputation of the
foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principal shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the Services under
this Agreement. The foregoing principal may not be changed by Contractor without prior written
approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the Services. Contractor shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals, and employees,
were a substantial inducement for City to enter into this Agreement. Contractor shall not contract
with any other individual or entity to perform any Services required under this Agreement without
the City's express written approval. In addition, neither this Agreement nor any interest may be
assigned or transferred, voluntarily or by operation of law, without the prior written approval of
City. Subcontracts, if any, shall contain a provisions making them subject to all provisions
stipulated in this Agreement including without limitation the insurance and indemnification
requirements. If Contractor is permitted to subcontract any part of this Agreement by City,
Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the
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same manner as it is for persons directly employed. Nothing contained in this Agreement shall
create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents, or employees, perform
the Services required, except as otherwise specified. Contractor shall perform all required
Services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Contractor’s work product,
result, and advice. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. Contractor shall pay all wages, salaries,
and other amounts due personnel in connection with their performance under this Agreement and
as required by law. Contractor shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, and workers’ compensation insurance. Contractor shall not have any
authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services in this Agreement. Contractor shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by Contractor
by providing written notice to Contractor.
Name: Title:
Salvador Moreno-Ramos Member
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage
Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and
agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Contractor and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such
Services must be registered with the Department of Industrial Relations. Contractor shall maintain
registration for the duration of the Project and require the same of any subcontractors, as
applicable. This Agreement may also be subject to compliance monitoring and enforcement by
the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with
all applicable registration and labor compliance requirements.
6. INSURANCE
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Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall
defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified
Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims
arising from injuries to or death of persons (Contractor’s employees included), for damage to
property, including property owned by City, for any violation of any federal, state, or local law or
ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct committed by Contractor, its officers, employees, representatives,
and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct
of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits
set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other
liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration
or earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If
Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section 2782.8),
then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated
herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor
in the performance of the Services or this Agreement, and, upon Contractor obtaining a final
adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall
keep such books and records as shall be necessary to properly perform the Services required by
this Agreement and enable the Contract Officer to evaluate the performance of such Services.
The Contract Officer shall have full and free access to such books and records at all reasonable
times, including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this Agreement
shall be the property of City. Contractor shall deliver all above-referenced documents to City upon
request of the Contract Officer or upon the termination of this Agreement. Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by City of
its full rights or ownership of the documents and materials. Contractor may retain copies of such
documents for Contractor's own use. Contractor shall have an unrestricted right to use the
concepts embodied in such documents.
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8.4 Release of Documents. All drawings, specifications, reports, records, documents,
and other materials prepared by Contractor in the performance of Services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Contractor shall provide City, or other agents of City, such
access to Contractor’s books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Contractor’s performance under this Agreement. Contractor shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of final
payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
or any other appropriate court in such county, and Contractor covenants and agrees to submit to
the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms
of this Agreement are contractual and the result of negotiation between the Parties. Accordingly,
any rule of construction of contracts (including, without limitation, California Civil Code Section
1654) that ambiguities are to be construed against the drafting party, shall not be employed in the
interpretation of this Agreement. The caption headings of the various sections and paragraphs of
this Agreement are for convenience and identification purposes only and shall not be deemed to
limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No
consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or
approval of any subsequent act of Contractor. Any waiver by either Party of any default must be
in writing. No such waiver shall be a waiver of any other default concerning the same or any other
provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative. The exercise by either Party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled,
in addition to such other relief as may be granted, to recover from the non-prevailing Party all
reasonable costs and expenses. These include but are not limited to reasonable attorney fees,
expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
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10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default
or breach by City or for any amount which may become due to the Contractor or its successor, or
for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement, nor shall
Contractor enter into any agreement of any kind with any such officer or employee during the term
of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to City’s lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Contractor activity, including
but not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that Contractor is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation
the provision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either Party desires, or is required to give to the other Party or any other person shall be in writing
and either served personally or sent by pre-paid, first-class mail to the address set forth below.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section. Either Party may change its address by notifying the other Party of
the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Universal Green LLC
Attention: Salvador Moreno-Ramos
17989 Corkill Rd 63
Desert Hot Springs, CA 92241
11.2 Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements,
agreements, representations, and understandings, if any, made by or among the Parties with
respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
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any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant
that they are duly authorized to execute this Agreement on behalf of Parties and that by so
executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
11.10 Compliance with Economic Sanctions in Response to Russia's Actions in
Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled
of the State of California, Consultant shall fully and adequately comply with California Executive
Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant
shall also certify compliance with the Russian Sanctions Program by completing the form located
in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by
reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions
Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND UNIVERSAL GREEN LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________
Signature Signature (2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _05/23/2024_______________ Item No. ___1I_____________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________
City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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5/28/2024
5/28/2024
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Background:
The City of Palm Springs has historically contracted for landscape and grounds
maintenance services since 1995, privatizing these services in an effort to reduce General
Fund operating and maintenance costs. The most recent Invitation for Bids (IFB) in 2018
resulted in the award of an initial three-year term, with two optional renewals at the City’s
discretion, and a one-year term extension at the approval of City Council, terminating on
June 30, 2024.
1.2 Scope:
A. Contractor shall furnish all labor, tools, materials, and equipment, except where
otherwise specified, to provide landscape and grounds maintenance services
(Work).
B. The scope of work includes providing daily (7 days per week) landscape and
grounds maintenance services of 8 Assessment Districts consisting of
approximately 2.14 acres of turf and 11.56 acres of total maintained landscaped
areas (inclusive of turf), and annual winter rye grass re-seeding. Tree trimming
services are excluded except to the extent dead or damaged tree limbs have
broken and are hanging from a tree, or fallen onto the ground and require
removal, which is expressly included in the scope of work.
C. All work shall be done in a thorough and workmanlike manner to the satisfaction
of the City and shall comply with all legal construction and landscape
maintenance practices. The premises shall be maintained at the level of service
always provided for in the scope of work.
D. The City has prohibited the use of gasoline leaf blowers. The Contractor shall
only use electric, and battery powered leaf blowers.
E. Contractor shall recycle green waste generated from their contract performance
and submit a monthly report identifying the weight and/or volume of green waste
recycled.
F. Contractor shall provide landscape maintenance of all work sites, including, but
not limited to the following:
1. Fertilize, prune, shape and trim trees, shrubs, vines and ground cover plants.
2. Control weeds and plant diseases.
3. Mow, edge and fertilize turf grass and blow hardscape clean.
4. Maintain plant material in a healthy condition with horticultural acceptable
growth and color.
5. Inspect, maintain and repair all irrigation systems in their entirety.
6. Removal of Damaged Plant Material. All dead, damaged, declining,
hazardous or broken plant material (Trees, shrubs, vines, ground cover, turf),
whether a result of the Contractor negligence or an Act of God shall be
removed by the Contractor at no additional cost to the City. This scope of
work includes removal of dead or damaged tree limbs that have broken
and are hanging from a tree or have fallen onto the ground.
7. Perform general area clean-up, including the removal of leaves, trash, dog
feces and other debris from the work sites.
8. Maintain all work sites in a safe, attractive and usable condition.
9. Maintain hardscape and drainage systems.
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G. The Contractor must provide continuous inspections of its work areas.
H. The City Contract Administrator will schedule inspections to monitor the
Contractor’s activities and ensure that the work performed is done to the quality
level and prescribed methods and time schedules.
I. Discrepancies and deficiencies in the work will be brought to the attention of the
Contractor and corrected in the manner and time frame specified by the City.
J. The Contractor shall meet daily with the City Contract Administrator at a time
mutually agreed upon by the City and the Contractor. This daily contact is for the
purpose of discussing areas to be maintained, Contractors’ work schedule for
the day, areas that need to be inspected for approval, and Site Inspection Forms
that need to be signed off. Failure to contact the Contract Administrator or
designate on a daily basis will constitute a breach of contract.
K. Emergency Response:
1. Contractor shall be available twenty-four (24) hours a day, seven (7) days a
week to respond to all emergencies within two (2) hours of notification.
(Emergencies that involve maintenance work included in these general
conditions shall not be compensated).
2. Contractor shall maintain a 24 hours per day seven days per week on-call
service for emergency calls. The Contractor shall respond to an emergency
call within two (2) hours.
3. Calls of an emergency nature received by the City shall be referred to the
Contractor for immediate disposition.
4. If the Contractor cannot be reached within two (2) hours the City will deduct
from the monthly billing the cost of City forces, or other sources, used to
repair the emergency.
5. The Contractor shall not receive additional compensation for responding to
emergencies for work included within the scope.
6. In situations involving emergency repair work after normal work hours, the
Contractor shall dispatch qualified personnel and equipment to reach the site
within two (2) hours.
a. The Contractor’s vehicle shall carry sufficient equipment to effect safe
control of traffic.
b. When the Contractor arrives at the site, the Contractor shall set up traffic
warning and control devices, if deemed necessary, and proceed to repair
on a temporary/permanent basis.
c. If a City Representative is still at the site when the worksite Contractor
arrives, the Contractor shall quickly evaluate the situation and discuss it
with that responsible person.
1. If the repair will take only a few minutes, the City Employee may stay
to continue to direct traffic while the Contractor makes the repairs.
2. If the repair will take longer than the City Employee can wait, the
Contractor shall immediately set up temporary traffic control devices
and all other necessary warning devices and relieve the City
Representative.
d. The Contractor shall notify the City, or his representative by telephone
within 24 hours of any emergency work that is performed.
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7. Contractor shall also provide additional general cleanup and trash / debris
removal during holiday weekends.
L. Areas to be Maintained:
1. Work sites may include medians, parkways, facilities, slopes, greenbelt
areas, or natural areas
2. An identification of the areas to be maintained is provided in the Appendix
3. Inventories supplied with this bid package are only approximate and may
contain errors.
M. Contractor shall perform a maintenance inspection, during daylight hours, of all
areas. Such inspection shall be both visual and operational. It shall include, but
not be limited to, the operation of all irrigation and/or other mechanical systems
to check for proper condition and reliability. Contractor shall post signs indicating
the system is being checked for maintenance purposes.
N. Contractor shall attend a mandatory inspectors’ meeting each week in order to
receive important information and resolve any problems.
O. Contractor shall complete and submit a monthly Site Inspection form and keep a
monthly complaint log.
P. Site Inspection Form: The Site Inspection Form will consist of a written list of
specified monthly tasks landscape and grounds maintenance. The Site
Inspection Form shall be considered complete when all work on the sheet has
been inspected and approved by the City and has been signed by both the City
and the Contractor indicating that agreement exists as to the information shown
on the Site Inspection Form. Such information shall consist of specific worksite
locations and the acceptability of the maintenance activities performed. The
completed sheets dated, certified, and signed by the Contractor and the City will
be submitted to the City monthly along with an invoice with the Contractor’s
letterhead, and an affidavit for evaluation and pay. It shall be mandatory that all
forms be completed at the end of each month before another Site Inspection
Form may be issued. Failure to obtain a Site Inspection Form prior to beginning
the next month’s maintenance services can result in nonpayment for work
performed.
Q. Contractor Staff:
1. The Contractor shall furnish sufficient supervisory and working personnel
capable of promptly accomplishing on schedule, to the satisfaction of the
City, all work required under this contract during the prescribed hours. During
this Contract, Contractor shall provide the following minimum crew
assignments and full-time staffing levels on-site at all times:
a. One (1) full-time superintendent
b. One (1) full-time lead worker
c. One (1) full-time landscape technician
d. One (1) full-time irrigation technician
2. Contractor shall also provide additional manpower as needed to adequately
perform all tasks as specified in the Contract.
3. All of these people shall work Monday through Friday and be assigned to the
various assessment districts in the city. Additionally, workers shall be
assigned to work a full eight (8) hour shift on Saturdays, Sundays and
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holidays to provide the City with seven (7) day-per-week coverage, as
required on each Task List.
4. All areas shall be maintained on a crew basis where the crews report in the
morning, pick up trash and inspect the facilities. All other landscape tasks,
such as horticultural, irrigation and support services, shall be accomplished
throughout the day and work week, as specified in the Contract.
5. The Contractor shall have competent supervisors, who may be working
supervisors, on the job always work is being performed who are capable to
communicate effectively both in written and oral English and discuss matters
pertaining to this contract. Supervisors must be able to demonstrate to the
satisfaction of the City that they possess adequate technical background.
Adequate and competent supervision shall be provided for all work done by
the Contractor’s employees to ensure accomplishment of high-quality work
which will be acceptable to the City. Any order or communication given to the
supervisor shall be deemed as delivered to the Contractor.
6. The Contractor, and their employees, shall always conduct themselves in a
proper and efficient manner and shall cause the least possible annoyance to
the public. The City may require a Contractor to remove from the work site
any employee(s) deemed careless, incompetent, or otherwise objectionable,
whose continued employment on the job is considered to be contrary to the
best interest of the City.
7. The Contractor shall require each of his employees to wear basic public
works working attire. These are basically proper shoes, and other gear
required by State Safety Regulations, and proper wearing of the clothing.
Shirts shall be worn and always buttoned; safety vests are required when
indicated by the Work Area Traffic Control Handbook, or the City.
8. The Contractor shall establish an identification system for personnel
assigned to service this Agreement which clearly indicates to the public the
name of the Contractor responsible for the landscape maintenance services.
The identification system shall be furnished at the Contractor’s expense and
includes appropriate attire and/or name badges.
9. The superintendent, lead worker, landscape technician, and irrigation
technician shall each have a cell phone in their vehicles and be always
available for telephone contact during normal working hours to respond to
calls and settle problems that may occur throughout the workday.
R. Apprenticeship Standard: Where required under law, the Contractor shall
assume full responsibility for compliance with apprenticeship standards as
established by Section 1777.5 of the California State Labor Code.
S. Protection of Public / Safety:
1. The Contractor shall perform all work outlined in these specifications in such
a manner as to provide maximum safety to the public, and meet all accepted
standards for safe practices during the maintenance operation; to safely
maintain equipment, machines, and materials or other hazards
consequential or related to the work; furthermore, to accept the sole
responsibility for complying with all local, County, State or other legal
requirements including, but not limited to, OSHA and CAL-OSHA.
2. Adequate warning devices, barricades, guards, flagmen or other necessary
precautions shall be taken by the Contractor to give advised and reasonable
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protection, safety and warning to persons and vehicular traffic concerned in
the area. All construction signing, lighting and barricading shall be in
accordance with Part 6 “Temporary Traffic Control” of the California Manual
on Uniform Traffic Control Devices (CA-MUTCD) for Streets and Highways,
or subsequent editions in force at the time of construction. Part 6 of the
California MUTCD is available online at: https://dot.ca.gov/programs/safety-
programs/camutcd.
3. All signs, barricades and other temporary traffic control devices required for
the work shall be the responsibility of the Contractor.
4. The City, or his representative, reserves the right to issue restraint, or cease
and desist orders, to the Contractor when unsafe or harmful acts are
observed or reported relative to the performance of work under this contract.
T. Hazardous Conditions:
1. It shall be the Contractor’s responsibility to identify, any condition(s) that
renders any areas within this Agreement unsafe, as well as any unsafe
practices occurring thereon. The City shall be notified immediately of any
unsafe condition that requires major correction.
2. The Contractor shall be responsible for making minor corrections including,
but not limited to, filling holes in landscaped areas and paving, diverting water
sheet flow, using barricades or traffic cones to alert persons of the existence
of hazards, replacing valve box covers, and securing exercise and/or play
apparatus to protect all persons from injury.
3. The Contractor shall inspect all work sites for hazards, or potential hazards
daily.
4. During the required inspection of all work sites for hazards, or potential
hazards, the Contractor shall keep a log indicating the date the area was
inspected, any unsafe conditions, and the action taken.
5. The Contractor shall cooperate fully with the City in the investigation of any
accidental injury or death occurring on the premises, including the
submission of a complete written report thereof to the City within five (5) days
following the occurrence.
U. Non-Interference: The Contractor shall not interfere with the public use of the
premises, nor disrupt the peace and quiet of the area within which the services
are performed. Contractors shall conduct their operations to offer the least
possible obstruction and inconvenience to the public.
V. Reporting Damage or Malfunction: Any damage to, or malfunction of, any facility
not specifically stated in this Agreement shall be promptly reported to the City.
W. Wear & Tear, Vandalism / Theft:
1. The Contractor shall be responsible for reporting any vandalism/theft of
existing landscaped areas which are maintained under this contract and
damaged or altered in any way as a result of theft and/or mysterious
damages that do not result from the performance of the Contractor.
2. The Contractor shall be responsible for performing maintenance, repairs, and
replacement of existing landscaped areas which are maintained under this
contract and damaged or altered in any way as a result of theft and/or
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mysterious damages that do not result from the performance of the
Contractor
3. Compensation will be reimbursed only for the cost of irrigation system parts
which are directly related to the normal wear and tear, theft and/or vandalism;
labor shall be provided by the Contractor at no additional cost to the City. The
Contractor must receive the City’s prior approval and shall maintain a full
accounting of any additional irrigation system parts. Inclusive with the
Contractor’s bid price is an allowance of $25,000 for the cost of additional
irrigation system parts due to normal wear and tear, theft and/or vandalism.
The Contractor shall maintain a full accounting of any additional irrigation
system parts which are paid from this allowance, with the City’s prior written
approval. Additional compensation will only be allowed to the extent the total
cost of additional irrigation system parts exceed the annual allowance of
$25,000.
4. The following conditions shall be met prior to the Contractor identifying
additional parts as being credited from the annual allowance of $25,000 due
to normal wear and tear, theft and/or vandalism, and for any proposal of Extra
Work requiring additional payment over and above the monthly allowance:
a. Submit a written proposal for the replacement part(s) costs documenting
with photos the condition of the part requiring replacement, or the theft or
vandalism that has caused the damage requiring repair to the irrigation
system.
b. Secure written authorization for the purchase of the replacement parts by
the City, or his delegated representative.
c. Submit a photocopy of the original invoice(s) for the replacement parts.
d. Submit a copy of a report filed with the City Police Department which
relates to the specific incident if required by City.
X. Utilities:
1. The City shall pay for the maintenance-related water and electrical utilities.
2. The Contractor may pay for all excessive utility usage due to the Contractor’s
failure to repair irrigation systems or unauthorized increases in water usage.
3. The excess cost will be determined by comparing the current usage with
historical usage for the same time period.
4. The excess cost factor may be deducted from payments to the Contractor;
however, the Contractor will be allowed to explain the increase in utility usage
prior to the actual deduction.
Y. Local Office:
1. The Contractor shall maintain an office with a telephone and always provide
the following:
a. A responsible person(s), employed by the Contractor, which shall have
the ability to take necessary action regarding all inquiries and/or
complaints received from the City or the City.
b. This person(s) shall be reachable twenty-four (24) hours per day and
seven (7) days per week.
c. An answering service shall be considered an acceptable substitute to full-
time coverage, outside of prescribed working hours, provided the
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Contractor is notified of any communication within one (1) hour after
receipt of said communication.
d. The telephone number(s) of the Contractor or responsible person(s) of
the Contractor shall be a toll-free number for the City.
2. During normal working hours, the Contractor’s Supervisors, who are
responsible for providing maintenance services, shall be available for
notification through cellular telephone communication.
Z. Storage Facilities: The City shall not provide any storage facilities for the
Contractor. The City’s Corporate Yard located at 425 N. Civic Drive is a secure
facility and shall not be used by the Contractor. The Contractor shall be
responsible for obtaining an appropriate administrative office, storage yard, and
secure parking lot for its equipment and vehicles. The location of its facility shall
be within the City of Palm Springs, subject to the approval of the City.
AA. Locks and Keys and Controller Remote Transmitters:
1. Where City locks and keys are required as part of this contract, the
Contractor shall:
a. Not duplicate any coded City key furnished by the City.
b. Surrender all keys furnished by the City at the end of the contract period,
or at any time deemed necessary by the City to prevent loss to the City.
c. Protect the security of City property by keeping controller cabinet and
enclosure doors always locked.
d. Refrain from using premises behind locked doors for storage of materials,
supplies or tools except as approved by the City.
e. Be required to pay a $100.00 deposit for each key issued to open
controller cabinets. This deposit is refundable upon return of the key to
the City. Loss of a key will result in the forfeiture of the key deposit and
may restrict the City from issuing any future keys.
f. Be required to pay a $450.00 deposit for each controller remote
transmitter issued to the Contractor. This deposit is refundable upon
return of the remote transmitter in good condition to the City. Loss of the
remote transmitter or a return of a non-working remote transmitter will
result in the forfeiture of the deposit and may restrict the City from issuing
any future remote transmitters.
BB. Signs:
1. The Contractor shall not post signs or advertising matter upon the areas
under maintenance or improvements thereon.
2. The Contractor shall, always, remove all unauthorized signs and advertising
matter in the areas under maintenance.
CC. Parking:
1. During the Contractor’s daily operations and completion of the Work, the
Contractor shall park their vehicles and equipment within designated public
parking areas or approved locations, in accordance with local and state laws,
maintaining clear travel lanes for vehicular traffic. Overnight parking of the
Contractor’s vehicles and equipment shall be located within the Contractor’s
own secured storage facility, and not within any City facilities or public
parking lots.
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2. The Contractor’s vehicles and equipment shall not be parked or set in such
a manner that they block pedestrian access or vehicular right-of-way except
as required to comply with all safety standards of OSHA or CAL-OSHA.
DD. Vehicles: The Contractor’s vehicles used in performance of the services
required hereunder shall be maintained in first class condition. Upon
commencement of the services, the Contractor shall furnish and apply an
appropriate logo on all vehicles to be used within the City identifying the
Contractor’s company and its capacity working on behalf of the City. The logo
shall be prepared by the Contractor and submitted to the City for approval prior
to use.
EE. Unknown Obstructions: Should any unknown obstruction be encountered during
this contract the Contractor should immediately bring it to the attention of the
City. The Contractor shall be responsible for the protection of all existing
equipment, furniture, or utilities encountered within the work area.
FF. Removing Obstruction and Maintenance of Existing Improvements:
1. When the work hereunder involves performance upon City property, and
when the proper completion of the said work requires their temporary or
permanent removal, the Contractor shall, at its own expense, remove,
and without unreasonable delay temporarily or permanently replace or
relocate to the satisfaction of the City and of another person or agency
having jurisdiction, all water pipes, gas pipe, drainage lines, irrigation
lines, sewer lines, pipelines, conduits, culverts, roads, driveways, fences,
bridges, railroad tracks, wires, poles, towers, retaining walls, buildings,
curbs, gutters, concrete walks, trees, shrubs, lawns, and all other
improvements of whatsoever character not required by law to be
removed by the City thereof; and all such improvements temporarily
removed shall be maintained until permanently replaced, all at the
Contractor’s expense.
2. Where the work is to be constructed in, or adjacent to, areas which
have been improved by lawns, trees, shrubs, or gardens, the
Contractor shall remove such trees or plants as may be necessary
for the execution of the work and give them proper care and attention
until the work has been satisfactorily completed, after which the
Contractor shall replace them in as nearly the original condition and
location as is reasonably possible. Where it is necessary to deposit
the excavated materials on lawns during the process of construction,
the Contractor shall first lay burlap or canvas on the lawn to prevent
contact between the excavated material and the lawn.
3. Unless otherwise indicated in the contract documents all utility lines,
conduits, wires, or structures shall be maintained by the Contractor
and shall not be disturbed, disconnected, or damaged by them during
the progress of the work, provided, that should the Contractor in the
performance of the work disturb, disconnect, or damage any of the
above, all expense, arising from such disturbance, or in the
replacement or repair thereof, shall be borne by the Contractor.
However, in accordance with Section 4215 of the California
Government Code, the Contractor shall be compensated for the cost
of locating and repairing damage to main or trunk line utility facilities
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located on the jobsite, not due to the failure of the Contractor to
exercise reasonable care; for costs of removing or relocating such
utility facilities not indicated in the contract documents with
reasonable accuracy; and for the operation cost for equipment on the
project necessarily idled such work.
4. At least two working days prior to commencing any excavation
pursuant to this Contract, the Contractor shall contact Underground
Service Alert at (800) 227-2600 or other appropriate regional
notification center if the excavation will be conducted in an area which
is known, or reasonably should be known, to contain subsurface
installations.
GG. Use of Chemicals:
1. The Contractor shall submit a list of all chemical herbicides and pesticides,
proposed for use under this contract for approval by the City. Materials
included on this list shall be limited to chemicals approved by the State of
California Department of Pesticide Regulation and shall include the exact
brand name and generic formulation. The use of any chemical on the list shall
be based on the recommendations of a licensed pest control advisor where
required by law.
2. The City has prohibited the use of any herbicide containing Glyphosate.
3. The use of chemicals shall conform to the current County of Riverside
Agriculture Commissioner regulations. No chemical herbicide or pesticide
shall be applied until its use is approved, in writing, by the City as appropriate
for the purpose and area proposed.
1.3 Work Standards:
A. Method of Irrigation
1. Since water requirements by plants vary according to the season and a
particular year, extremely close attention shall be paid to the demands of the
plants as influenced by their exposure to sun, wind, shade and location in the
individual planters. The variation in size of plants installed, as well as the
varieties, shall be taken into consideration. All landscaped and turf areas
shall be irrigated as required to maintain adequate growth and appearance
with a schedule most conducive to plant growth for operational mode.
2. Contractor shall create an annual irrigation schedule, post within each
controller and provide a copy to the Contract Administrator.
3. Adequate soil moisture shall be determined by programming the irrigation
system as follows:
a. Adjusting and setting the automatic controller to establish frequency and
length of watering period.
b. Consideration must be given to the soil conditions, humidity, minimizing
runoff and the relationship of conditions which affect day and night
watering. This may include daytime watering during freezing weather to
prevent icy conditions and manual operation of the irrigation system
and/or hand watering with portable sprinklers during periods of windy or
inclement weather.
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c. A soil probe shall be used to a depth of twelve inches (12”) to determine
the water penetration by random testing of the root zones.
4. Watering shall be regulated to avoid interference with any use of the facility’s
roadways, paving or walks.
5. In the areas where wind creates problems of spraying water onto private
property or road rights-of-way, the controllers shall be set to operate during
the period of lowest wind velocity, which would normally occur at night or
during early morning hours.
6. Irrigation system shall be controlled in such a way as to not cause any
excessively wet or “waterlogged” areas that could interfere with the ability to
mow all turf. “In lawn” trees and other planting shall be protected from over
watering and runoff drowning.
7. New turf [up through the sixth (6th) mowing] shall be watered immediately
after mowing. Well-established turf shall not be watered for at least four (4)
hours after mowing.
8. All ground cover areas shall be watered as needed to maintain a healthy
condition, with appropriate care being taken to not over water in shady areas.
9. Contractor shall be responsible for the operation of the automatic controllers,
valves and sprinkler heads in managing the overall irrigation water delivery
system of the area. All irrigation systems shall be regularly inspected and
tested in accordance with the specifications set forth herein.
10. Contractor shall ensure that all personnel working on the irrigation system
are fully trained in all phases of landscape irrigation systems and can easily
identify and isolate problems and perform the proper testing and inspection
of the irrigation system and the maintenance of the sprinkler heads. This
knowledge of landscape irrigation systems shall include, but not be limited
to, the operation, maintenance, adjustment and repair of said systems and
their components.
11. Contractor shall be responsible for total maintenance of the irrigation system
by performing the following tasks:
a. Setting, scheduling, and monitoring all irrigation controllers.
b. Inspecting and reporting of irrigation system status.
c. Adjusting and cleaning of sprinkler heads.
d. Repairing or replacing broken or damaged sprinkler heads with equal
size and quality.
e. Providing all P.V.C. schedule 80 nipples, caps, plugs, elbows, couplings,
fittings, etc.
f. Providing replacements of all risers and swing joints due to normal wear,
vandalism and/or third-party negligence.
g. Flushing irrigation pipelines, as needed.
h. Replacing valve box covers due to normal wear, vandalism and/or third-
party negligence with ones of equal size and quality.
i. Replacing and/or relocating sprinkler heads. Contractor shall confer with
the Contract Administrator regarding the need for replacement or
relocation of sprinkler heads. City may require the Contractor, at no
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additional cost, to relocate the sprinkler heads to those areas within the
facility identified by the Contract Administrator
j. Repairing and/or replacing the following items of the irrigation system
with equal size and quality: quick couplers, automatic valves, gate valves,
valves, automatic controllers, and back flow devices.
k. Annual inspection of the back flow devices.
12. Complete piping replacement of the irrigation system shall not be required by
the Contractor. Contractor shall be responsible for the repair or replacement
of leaking main and lateral irrigation lines.
13. Replacement of irrigation components shall be completed within twenty-four
(24) hours of determining damage or inoperable irrigation components or as
otherwise specified.
14. Replacement for the irrigation system shall be with originally specified
equipment of the same size and quality or substitutes approved by the
Contract Administrator prior to any installation thereof.
15. The Contractor’s annual costs for landscape maintenance include an annual
allowance of $25,000 for irrigation system components as part of this
Contract to cover all Assessment Districts; any additional parts requiring
replacement pursuant to Section 4.1.X of these specifications.
16. Maintenance of the water and irrigation systems is one of the most important
functions of this Contract. The City expects the Contractor to properly staff,
inspect and maintain these systems to the highest possible standard.
17. Water supplied by the City for irrigation may be Recycled Water, indicated by
purple color-coded sprinklers, valves, valve boxes, tags and signs.
Contractor understands that recycled is not intended for human contact or
consumption.
18. Contractor accepts full responsibility for educating and monitoring its
employees regarding safety issues related to the presence and use of
Recycled Water, and for having appropriate state licenses required for
operation and maintenance of Recycled Water systems.
B. Initial Irrigation Inspection
1. Contractor shall initially inspect and familiarize themselves with the entire
irrigation system at all work sites and identify all needed repairs.
2. Required repairs shall be submitted to the City in a written statement within
two (2) weeks after the start date of the maintenance contract.
3. If a written statement which documents required repairs is not received by
the City within the stated timeframe, the entire system shall be interpreted as
fully operational, and deemed acceptable by the Contractor.
4. The City shall review and verify all submitted repairs from the initial
inspection. Repairs may be completed by the following methods:
a. Authorize the Contractor to make appropriate repairs.
b. Use City forces to make required repairs.
c. Use another source to make required repairs.
5. Upon completion of all repairs following the initial inspection, the Contractor
shall sign-off each individual area as being fully operational
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C. Weekly Irrigation Inspections
1. To ensure the operability of the irrigation system, Contractor shall sequence
controllers to each station manually to check the function of all facets of the
irrigation system and report any damage or incorrect operation to the
Contract Administrator. This shall be done weekly in all areas and
immediately following the mowing operation in all turf areas.
2. During testing, Contractor shall:
a. Adjust all sprinkler heads for correct coverage to prevent excessive runoff
and/or erosion and the spread of water onto roadways, sidewalks, hard
surface areas, buildings and private property.
b. Unplug clogged heads and flush lines to free lines of rocks, mud and
debris.
c. Replace or repair inoperable irrigation equipment.
d. All system malfunctions, damage and obstructions shall be recorded,
reported to the Contract Administrator and corrective action taken.
3. In addition to regular testing, all irrigation systems shall be tested and
inspected as necessary when damage is suspected, observed or reported.
4. Malfunctioning sprinkler heads shall be repaired or replaced within one (1)
watering cycle.
5. Malfunctioning irrigation systems and equipment shall be corrected within
two (2) hours of identification or following verbal notification.
6. The irrigation system shall be controlled during inclement weather conditions
and the use of water limited concurrent with the weather situation to the
satisfaction of the Contract Administrator.
7. The irrigation lines shall be flushed of grit and gravel by removing the last
head on each lateral and operating the system until those materials are
expelled.
8. A weekly report, indicating the time and date of each site inspection, shall be
given to the City. This report shall be in a form acceptable to the Contract
Administrator.
9. In addition to regular weekly testing, all irrigation systems shall be tested and
inspected as necessary when damage is suspected, observed or reported.
10. All system malfunctions, damage and obstructions shall be recorded,
reported to the City, and corrective action taken.
D. Irrigation Maintenance and Repairs – Irrigation system repairs is required for all
areas to be maintained.
1. Contractor shall maintain all irrigation systems in such a way as to:
a. Guarantee proper coverage and full working capability.
b. Make whatever adjustments may be necessary to prevent overspray or
excessive runoff into street right-of-ways or other areas not meant to be
irrigated.
2. All irrigation system repairs shall be provided by the Contractor at no
additional cost to the City, except for any parts required for such repairs upon
prior City approval pursuant to Section 4.1.X of these specifications.
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3. Contractor shall repair or replace inoperable irrigation equipment to maintain
a fully operational system, including but not limited to, pressure pipes from
the water meter to the control valves, all irrigation pipes, all manual and
automatic valves, pumps used for the irrigation systems, backflow devices,
filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and
stakes, anti-drain valves, quick couplers, electrical wiring from the controller
to the solenoid valves, emitters, drippers, valve boxes, controllers, valve
markers, batteries, fittings and risers.
4. Maintenance includes, but is not limited, tightening of loose fittings and
packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters,
strainers, and backflow devices; adjusting sprinkler heads, anti-drain valves
and pressure regulators, adjusting and lubricating controllers; and cleaning
drip emitters.
5. Irrigation repairs shall be made within the following time limits:
a. Mainline irrigation breaks shall be repaired within two (2) hours of
identification or notification.
b. All other irrigation repairs shall be made within one (1) day of identification
or notification.
c. Failure to complete irrigation repairs in the timeframes listed above will
result in the City utilizing City forces, or an alternate source, to correct the
deficiency and deduct from the Contractor’s payment the total cost,
including City overhead.
6. Replacement of irrigation components shall be with originally installed
materials of the same size and quality. Substitutions must be approved by
the City in writing prior to installation.
7. Contractor shall implement repairs in accordance with all effective
warranties, and no separate payment shall be made for repairs on equipment
covered by warranty.
8. The Contractor shall keep all irrigation heads clean of flow impediments and
adjusted properly at all times.
9. Contractor shall be responsible for adjusting height of sprinklers and risers
as necessary to compensate for growth of plant material.
10. Contractor shall restore any landscape areas disturbed by irrigation repair
work back to their preexisting condition.
11. Damages to plant material due to the Contractor’s lack of performance in
accordance with these specifications shall be the responsibility of the
Contractor; dead or damaged plant material shall be replaced at the
Contractor’s expense.
12. Damage to the irrigation system caused by conditions under which the
Contractor has no control, shall be repaired by the Contractor at the City’s
expense, if approved in advance by the City, pursuant to Section 4.1.X of
these specifications.
13. At any time, the City may request a coverage test to evaluate proper settings,
timing, usage, or maintenance of system.
14. The Contractor shall keep all controller enclosures free of debris and pests
(slugs, ants, spiders, etc.) always. Any resultant damage due to the
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Contractor not meeting this specification will be the responsibility of the
Contractor.
15. The Contractor shall be responsible for hand watering at no additional cost
for any areas not provided with an automatic irrigation system. Contractor will
also be required to hand water at no additional cost any landscape areas with
a non-functioning irrigation system if it is the Contractor’s responsibility to
maintain that system.
16. The Contractor may be required to hose off plant material monthly in areas
where a drip system is used.
17. Contractor shall maintain an adequate inventory of medium to high usage
stock items for repair of the irrigation system.
E. Water Conservation – The City utilizes a central irrigation system
1. Contractor shall monitor all irrigation systems during periods of rainfall and/or
times when suspension of irrigation is desirable to conserve water while
remaining within the guidelines of good horticulturally acceptable
maintenance practices. Contractor shall notify the Contract Administrator any
time irrigation systems are turned off.
2. Contractor shall comply with all City Ordinances and/or Resolutions which
relate to water conservation.
F. Turf Grass Care
1. Turf Grass Mowing:
a. Contractors shall submit, in writing, a mowing schedule within ten (10)
days after the start of the maintenance. This mowing schedule shall be
approved by the City.
1. All turf areas shall be mowed once every week.
2. Any alteration of the approved mowing schedule shall be submitted
in writing to the City for approval prior to implementation.
b. Contractor shall mow all turf grass with adequately sharpened reel or
rotary type mowers as to provide a smooth and even cut without tearing
of turf grass blades.
c. Unless otherwise directed by the City, cut cool season turf grass at two
(2) inches by using rotary type mowers.
d. Unless otherwise directed by the City, mowing height for regular
Bermuda grass and ryegrass shall be not less than three-fourths inch
(3/4”). Mowing height may be set as high as one and one-half inch (1-
1/2”), with one inch (1”) being considered normal. Mowing height for
hybrid Bermuda grass shall be no less than one-half inch (1/2”). Mowing
height may be set as high as three-fourths inch (3/4”), with five-eighths
inch (5/8”) being considered the normal for hybrid Bermuda grass.
Mowing heights may vary for special events and conditions.
e. Avoid removing more than one-third of the leaf area blade at any one
time.
f. All mower blades shall be sharpened or replaced at least twice a week.
The blade adjustment shall provide a uniform, level cut without ridges,
depressions, or scalping.
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g. All debris must be removed daily and disposed of legally off-site.
h. Care shall be exercised during the mowing operation to prevent damage
to trees and other obstacles located within the turf areas such as
electrical boxes or fixtures.
i. Do not mow areas that are saturated with water. Alternate mowing
patterns shall be used whenever possible to prevent wheel ruts in turf
areas. If ruts are made, Contractor shall make all necessary repairs at
the Contractor’s expense.
j. The City shall approve of all mowing equipment used by the Contractor.
k. Small rotary push mowers will be required for parkways and other small
areas.
2. Turf Grass Edging and Trimming:
a. Turf grass edging and trimming shall be performed once every week at
the time of mowing.
b. Edging of turf grass shall be performed with a power edger containing a
steel blade.
c. All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds,
and where no improved surface exists, shall be edged in a neat uniform
line.
d. Trimming of turf grass shall be performed along walls, and around valve
boxes, water meter boxes, backflow devices, trees, shrubs, or any
structures located within the turf grass area.
e. Tree trunk protectors shall be provided and installed, at no additional cost
to the City, when string trimmers are utilized for trimming around the base
of trees. The City may allow a sixteen (16) inch diameter mulch ring
around trees to eliminate continual string trimming.
f. In areas where there is no mow curb, a six (6) inch barren strip shall be
provided, and maintained, between turf grass and adjacent ground cover.
Edging of turf grass and ground cover shall provide uniform delineation
adjacent to this barren strip.
g. Trimming of plant material may be required around sprinklers to provide
maximum irrigation coverage.
h. All clippings and trimmings shall be removed from the work site the same
day work is performed and prior to a Contractor vacating the work site.
At no time shall the Contractor blow clippings into the planter areas.
i. After mowing and edging is completed, all adjacent walkways and gutters
shall be swept clean. At no time shall the Contractor blow clippings from
gutters into the turf grass. All clippings must be removed from site.
3. Turf Grass Fertilization:
a. The turf grass shall be fertilized monthly, or as directed by the Contract
Administrator to provide a healthy and vigorously growing turf grass with
horticulturally acceptable growth and color, as determined by the City.
b. Fertilization shall be performed with a balanced fertilizer, consisting of a
4-1-2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square
feet of area. Confirm type of fertilizer to be used in advance with the City
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Contract Administrator; the type of turf and time of year will determine the
type of fertilizer used.
c. Fertilizer shall be applied as often as required to always maintain deep
green color. The frequency of application will greatly depend on the
amount of leaching caused by excess use of water.
d. Contractor shall notify the City, in writing, five (5) working days prior to
any fertilizer application. This written document shall include the
following:
1. Location and exact date the fertilizer application will be performed.
2. Type of fertilizer and method of application to be used.
e. Contractor shall immediately irrigate after each fertilizer application.
f. All fertilizer applications shall be performed with properly calibrated
equipment to provide a uniform application.
4. Turf Grass Aeration:
a. All turf areas shall be aerated by using a device that removes cores to a
depth of two inches (2”) at not more than six inches (6”) spacing.
b. All turf areas shall be aerified twice annually during the growing season
from April to August.
5. Turf Grass Irrigation:
a. All turf grass shall be adequately irrigated to maintain a healthy and
attractive appearance.
b. Irrigation run-off and overspray shall be minimized.
c. A regular, deep watering program shall be implemented to give the best
results.
d. Allow turf to dry out before mowing.
G. Annual Winter Rye Grass Over-Seeding
1. All turf areas may be selected for annual winter rye grass over-seeding by
the City. The approximate acreage of turf areas to be maintained are
identified in the Appendix. Contractor shall provide the quantity of Pure Live
Seed necessary to over-seed all areas as specified. Over-seeding is usually
done in the Fall beginning as early as September. The Contractor shall
provide a schedule for annual over-seeding for Assessment Districts.
2. The Contractor shall provide additional staff and multiple crews, as may be
necessary to ensure all regular landscape maintenance services continue
concurrently with the annual over-seeding.
3. The Contract is advised that the City has multiple formal recreational leagues
that use the various sports fields, and their league schedules are pre-
arranged in accordance with the over-seeding schedule. In the event the
Contractor is unable to complete the over-seeding in accordance with this
schedule, the Contractor will incur liquidated damages of $1,000 per day for
each calendar day beyond the “First Use” identified in the schedule.
4. All schedule changes or modifications must be pre-approved by the Contract
Administrator.
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5. All areas shall be scalped, vertically mowed and swept free of any loose
grass clippings and debris. A maximum acceptable height of remaining turf
after this operation is one-fourth inch (1/4”). Soil must be visible throughout
the turf area to ensure positive soil contact with the seed.
6. Scalping hall be “smart scalping” and contractor shall provide proof of
completing the online College of the Desert Landscaper course which covers
this process. See www.collegeofthedesert.edu/pace
7. Debris generated or accumulated during the course of the renovation
operations shall be removed from the landscape site and disposed of at an
appropriate landfill or disposal site at Contractor’s expense. If stockpiling is
necessary, pre-approval to do so must be obtained from the Contract
Administrator and all material must be removed daily. Absolutely no debris
shall be allowed to be left on site after scheduled daily work hours.
8. Irrigation in all areas that may have been damaged as a result of renovation
practices must be repaired immediately prior to seeding with acceptable
methods and materials at Contractor’s expense. Approval prior to seeding in
any area shall be a consensus judgment between the Contractor and the
City, if applicable.
9. Acceptable performance and turf renovation practices shall be at the sole
judgment of the City. If adequate renovation is not performed within any turf
area, Contractor may be required to redo any area, in whole or in part, to
achieve the desired and intended result. This shall be done at the sole
discretion of the City’s representative or authorized designee.
10. For overseeding purposes, all turf areas shall be fertilized with a “balanced”
fertilizer blend with a minimum guaranteed analysis of fifteen percent (15%)
nitrogen, fifteen percent (15%) phosphorus, and fifteen percent (15%)
potassium at the time of overseeding. This fertilizer application shall be in
addition to all other fertilization requirements as referred to in this document.
Fertilization must occur prior to the initial irrigation on the seed. Minimum
rate: one (1) pound each of actual nitrogen, phosphorus and potassium per
thousand square feet of area covered.
11. Seeding shall be done after renovation and prior to fertilization. Seeding must
be done in two (2) perpendicular directions at half the recommended rate in
each direction to ensure even coverage. After seeding and prior to
fertilization, turf is to be mowed at one-fourth inch (1/4”), with grass stubble
debris to remain in place for additional coverage.
12. Only Oregon-grown “Blue Tag Certified” seed shall be allowed. Seed must
be a perennial ryegrass blend. A minimum of two (2) locally proven grass
varieties and not more than three (3) varieties may be used in the blend. The
maximum allowable percentage of any single variety within the blend shall
not exceed fifty percent (50%) of the entire blend.
13. To compute seeding rates as required, the PLS method shall be used. This
calculation is based upon determining viable seedlings by multiplying the
germination percentage, as stated on the bag tag, by the percentage of pure
seed, as stated on the bag tag, per individual seed lot.
14. Rates will vary depending upon the area of application. An approximate total
acreage of each area shall be provided, although bids are to be based upon
a per-acre basis.
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15. General turf areas shall be seeded at twelve (12) pounds PLS per one
thousand (1,000) square feet.
H. Weed Control
1. Weed control shall be provided at all sites, daily.
2. Chemical application may be used in and around certain sites, such as
planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc.,
as approved by the Contract Administrator. Prior to application of chemicals,
all areas shall be trimmed to proper mowing height. Chemicals shall be
applied in a manner to limit drift to four inches (4”). Precautionary measures
shall be employed since all areas will be open for public access during
application.
3. Spot treat with a portable sprayer or wick wand using a herbicide approved
by the Contract Administrator and applied in accordance with the
manufacturer’s recommendations. Water shall not be applied to treated
areas for the length of time specified by the product manufacturer.
4. Where trees and shrubs occur in turf areas, all grass growth may be limited
to at least eighteen inches (18”) from the trunks of trees and away from the
drip line of shrubs by use of approved chemicals upon approval to do so by
the Contract Administrator.
5. Linear chemical edging of turf boundaries may be performed in a manner
that ensures a defined turf edge and limits its encroachment into beds or
across boundaries where it is impractical to edge mechanically. A four-inch
(4”) barrier width shall be considered normal.
6. Detailing of sprinkler heads to provide maximum water coverage, valve
boxes, meter boxes, and similar obstacles in turf areas may be performed in
a manner that ensures operability, ease of location and/or a clean
appearance. A four-inch (4”-) clearance shall be considered normal.
7. All grass like-type weeds, morning glory or vine-weed types, ragweed or
other underground spreading weeds shall be kept under strict control.
8. All weeds and grass shall be removed from the following areas: roadways,
driveways, parking lots, patios, drainage areas, slopes, hillsides, and
expansion joints in all hard-surface areas.
9. All weeds shall be mechanically removed from shrub beds, planters and
other cultivated areas.
10. Weeds treated with a contact weed chemical shall be left in place for a
minimum of seven (7) days. If kill is not complete, additional applications shall
be made, at no additional cost to the City, until target species are eliminated.
All turf and landscape areas are to be treated annually with a systemic pre-
emergent granular weed control agent for the control of both broadleaf and
grassy weeds. This application shall be included in the base price for the
Contract. The material to be used and the application method proposed shall
be approved by the Contract Administrator prior to application.
11. Weeds treated using a systemic chemical shall be left in place in accordance
with the manufacturer’s recommendation. The initial application of pre-
emergent herbicides typically occurs in the early spring months from
February to April each year. If kill is not complete by the time specified in the
manufacturer’s recommendation, a second application, at no additional cost
to the City, shall be made at the request of the Contract Administrator.
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12. After complete kill, all dead weeds shall be removed from the area.
I. Shrub Care
1. Pruning of Shrubs:
a. Shrubs shall be pruned once per month, or as required for removal of
broken, dead and diseased branches, general containment, and
appearance.
b. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to
properly contain its size with respect to species, size of planters and the
best health of the plant.
c. Prune shrubs to retain as much of the natural informal appearance as
possible, consistent with intended use.
d. Shrubs used as formal hedges or screens shall be pruned as required to
present a neat appearance.
e. Remove any spent blossoms or dead flower stalks as required to present
a neat appearance.
f. Shrubs and mounding shall not exceed 2 feet in height within areas
required for vehicle sight distance depending upon roadway topography
(i.e. medians and street corners).
g. Shrubs shall be pruned and trimmed using sound horticultural
techniques.
h. Shrubs shall be maintained within the limits of confined areas (i.e., narrow
medians, walkways, etc.) so as not to encroach on same.
i. Shrubs shall be trimmed to maintain horizontal clearance along all
walkways and trails to prevent encroachment onto private property.
2. Shrub Fertilization:
a. Shrubs shall be fertilized once a year to maintain horticulturally
acceptable health and color.
b. Foliar fertilization may be performed when appropriate.
c. Fertilizing shall be performed with a balanced fertilizer, consisting of a 1-
1-1 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet.
Any change in the fertilizer ratio and/or rate shall be submitted in writing
and approved by the City prior to usage.
3. Irrigation of Shrubs:
a. All shrubs shall be adequately irrigated to maintain a healthy and
attractive appearance.
b. Irrigation run-off and overspray shall be minimized.
4. Shrub Replacement:
a. All damaged, diseased (untreatable) or dead shrubs shall be replaced
with the exact same species of plant and size of plant will be determined
by the Department. Contractor shall be responsible for the complete
removal and replacement of shrubs lost due to the Contractor’s faulty
maintenance or negligence, as determined by the City.
b. All dead Shrubs must be replaced within one month.
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c. Substitutions for any plant materials must have prior written approval by
the City.
d. Original plans and specifications shall be consulted to determine correct
identification of species.
e. All shrubs shall be guaranteed to live and remain in a healthy condition
for no less than six (6) months from the date of installation, inspection
and verification by the City.
f. Care shall be taken to prevent soil build-up around the crown of shrubs.
J. Vine Care
1. Vines and espalier plants shall be checked and retied as required. Secure
vines with appropriate ties to promote directional growth on supports.
2. Do not use nails to secure vines on masonry walls.
3. Pruning of vines will be in accordance with good horticulture practices.
4. Vines shall be trimmed as required for safety, disease, general containment
or appearance, or as directed by the Contract Administrator.
5. All vines planted on walls shall be trimmed and maintained 18” from the top
of the wall. This distance may be modified at the discretion of the Contract
Administrator.
6. Vine Irrigation:
a. All vines shall be irrigated to maintain a healthy and attractive
appearance.
b. Where possible the vine irrigation shall be on a separate program from
turf grass.
c. Existing vines planted in pockets not provided with sprinklers shall be
deep watered as needed to promote optimum growth.
K. Ground Cover Care
1. Ground covers are low growing plants that grow in colonies to form a solid
mat over the surface of the ground. The plants give a flat or two-dimensional
effect to the landscape, such as, but not limited to arctotheca, gazania, vinca,
lonicera, ivy, trachelosperum, and varieties of iceplant.
2. Edging and Trimming of Ground Cover:
a. Edging of ground cover areas shall be performed every other month.
b. All ground cover adjacent to sidewalks, curbs, mowing strips, or where
no improved surface exists, shall be edged in a neat, uniform line.
c. All ground cover shall be continually trimmed at the drip line of all shrubs.
d. Keep ground cover trimmed back from all utility cabinets, irrigation
controller units, valve boxes, quick couplers, or any other appurtenances
or fixtures.
e. Do not allow ground cover to grow up the trunks of trees, into shrubs, on
structures or walls unless directed by the Contract Administrator.
f. Keep ground cover trimmed back approximately 4 inches from structures,
walls, etc.
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g. Coordinate trimming around base of shrubs/trees with the Contract
Administrator.
h. Trimming of ground cover may be required around sprinklers to provide
maximum irrigation coverage.
i. All clippings and trimmings shall be removed from the work site the same
day work is performed and prior to the Contractor vacating the work site.
j. After edging or trimming, the Contractor shall sweep clean all adjacent
sidewalks or gutters.
k. Weeds shall be controlled and not allowed to reach two inches (2”) in
height. Remove weeds by chemical or mechanical means as approved
by the Contract Administrator.
3. Ground Cover Irrigation: All ground cover areas shall be adequately irrigated
to maintain a healthy and attractive appearance. Irrigation run-off and
overspray shall be minimized.
4. Ground Cover Fertilization:
a. The ground cover shall be fertilized one (1) time per year to provide a
healthy and vigorously growing ground cover with horticulturally
acceptable growth and appearance, as determined by the City.
b. Fertilizing shall be performed with a balanced fertilizer, consisting of a 1-
1-1 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet.
c. Contractor shall immediately irrigate after each fertilizer application.
d. All fertilizer applications shall be performed with properly calibrated
equipment to provide a uniform application.
e. Contractor shall notify the City, in writing, five (5) working days prior to
any fertilizer application. This written document shall include the
following:
1. Location and exact date the fertilizer application will be performed.
2. Type of fertilizer and method of application to be used.
L. Disease and Pest Control
1. Contractor shall monitor and provide disease and pest control on a weekly
basis, as follows:
a. Contractor shall practice Integrated Pest Management. This shall involve
common-sense practices that use environmentally acceptable methods
of pest control with the least possible hazard to the public, City property,
and the environment. Practices shall combine the use of current
information on pest life cycles, exclusion, natural enemies, and host
resistance.
b. Contractor shall provide complete control of all plant pests and/ or
diseases.
c. The Contractor shall obtain all necessary licenses and permits to comply
with City, County, State and Federal regulations or laws.
d. Contractor will assume responsibility and liability for the use of all
chemical controls.
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e. Pest and disease shall include, but shall not be limited to all insects,
mites, other vertebrates, and invertebrates including pocket gophers and
squirrels, pathogens and nematodes.
f. All material use shall be in strict accordance and applied within the most
current EPA regulations and the California Food and Agricultural Code.
g. All areas of the landscape shall be inspected for infestations of pests such
as ants, insects, mites, snails, and sow bugs. Plants shall be observed
closely for leaves that may be blotched, blighted, deformed, mildewed,
rusted, scorched, discolored, defoliated, or wilted.
h. Contractor shall identify the cause of plant injury and consult a Pest
Control Advisor before application of chemical treatments.
i. Cultural preventive methods shall begin before a pest is visible. At certain
times of the year, and with certain environmental conditions, the
presence of certain pests can be anticipated. New plant growth shall be
monitored for the presence of aphids, leaf hoppers, scale, mealy bugs,
and mites. A 10-power magnifying glass is helpful for identifying mites.
Evidence of ant activity may be seen in soil, along walks, and trunks of
shrubs and trees.
j. Adult beetles shall be controlled before they lay eggs on bark in the
spring. Ongoing inspections are necessary to determine if there is a
summer brood.
k. Snails shall be controlled before becoming epidemic. They can be
anticipated as a menace from spring until the advent of high
temperatures.
l. Contractor shall prevent the spread of disease by keeping all cutting
edges sterile by dipping in an alcohol or bleach solution after each cut.
m. Weeds must be removed upon appearance. Selective post-emergent
herbicides shall be used to kill weeds without permanent injury to other
plants.
n. Broadleaf weeds in turf shall be removed selectively, without injury to the
lawn grass other than slight, temporary discoloration.
o. Grass weeds in lawns shall be controlled with selective post-emergent
herbicides.
p. Creeping grasses shall be kept out of shrubs and groundcovers.
q. Weeds not killed with herbicides shall be removed manually. Turf and
other desirable plants killed by weeds, chemicals, etc., shall be replaced
at the Contractor’s expense. All replacements must be made within 7
calendar days after receiving notice from the City.
r. Contractor shall be responsible for controlling weeds in the cracks and
expansion joints of hardscape areas that are contiguous to maintained
areas. Weed control in hardscape includes, but is not limited to, curb and
gutter areas, sidewalks, sport courts, trails, parking lots, etc.
2. Application of Pesticides
a. City shall be notified prior to the application of pesticides and other
chemicals. Pesticide applications shall be recorded on the Maintenance
Schedule and coordinated with the Contract Administrator. Material Use
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Reports for all pesticides shall be filed with the City no later than the 10th
day of every month for the preceding month.
b. Pesticides shall be applied at times which limit the possibility of
contamination from climatic or other factors. Early morning application
shall be used when possible, to avoid contamination from drift. Applicator
shall monitor forecast weather conditions to avoid applications prior to
inclement weather, to eliminate potential runoff in treated areas.
c. Irrigation water applied after treatment shall be reduced to eliminate
runoff. When water is required to increase pesticide efficiency, it shall be
applied only in quantities of which the area is capable of absorbing
without excessive runoff.
d. Care shall be taken in transferring and mixing pesticides to prevent
contaminating areas outside the target area. Application methods shall
be used which ensure that materials are confined to the target area.
Spray tanks containing leftover materials shall not be drained on the site.
Disposal of pesticides and tank rinsing materials shall be within the
guidelines established in the State of California Food and Agricultural
Code or EPA regulations.
e. Spray equipment shall be in good operating condition, quality, and design
to efficiently apply materials to the target area. Spray drift from pesticide
applications shall be minimized.
f. Wherever a specific type of material is specified, no substitutions shall be
allowed without the written consent of the Contract Administrator.
g. There shall be no application of a pesticide without written permission
from the City.
h. There shall be no pesticides sprayed in the Monarch Butterfly Waystation
located at the Animal Shelter.
3. Certification of Materials:
a. All materials shall be transported to the site in original containers.
Materials shall be subject to inspection by the Contract Administrator.
b. The State of California Agricultural Code requires that pesticides and/or
chemicals may be used only after a written recommendation by a State
of California Licensed Pest Control Advisor is obtained, with a copy
forwarded to the Contract Administrator prior to chemical usage. These
recommendations shall be updated on a yearly basis. A recommendation
consists of all the information the applicator should know for accurate and
safe usage. The recommendation must be time and site specific.
c. If a Restricted Use Pesticide is recommended, a use permit issued by the
County of San Bernardino Agricultural Commissioner must be provided
to the City.
d. All pesticides shall be applied only by an operator possessing a California
state issued Qualified Applicator’s License or a Qualified Applicator’s
Certificate.
M. Green Waste Disposal
1. Green waste shall be defined as tree and shrubbery trimmings, grass, weeds,
leaves, woodchips and other garden organic materials.
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2. Contractor shall be responsible for recycling all green waste generated from
their contract performance.
3. Contractor shall have the duty to keep all green waste from being
contaminated to an extent it no longer can be recycled.
4. Contractor shall deliver all green waste to a city approved reclamation site,
for the purposes of recycling. Approved reclamation sites are:
a. Coachella Valley Compost Facility – 87011 Landfill Road, Coachella
b. So Cal Recycling – 29250 Rio Del Sol, Thousand Palms
5. Contractor shall submit a monthly report identifying the weight and/or volume
of green waste recycled during the preceding month. Payment of
maintenance invoice will not be made until green waste monthly report is
completed and received by the City.
6. All debris resulting from any of the Contractor’s operations shall be removed
and disposed of legally at the Contractor’s expense. No debris will be allowed
to remain at the end of the workday. (Failure to remove and dispose of debris
shall result in a liquidated damages charge of $100 per site, per occurrence
to be deducted from the Contractor’s payment.)
7. All debris must be separated into green waste, recyclables, and other waste
to minimize contamination and be disposed of in the appropriate locations.
(Failure to separate and dispose of debris appropriately shall result in a
liquidated damages charge of $100 per site, per occurrence to be deducted
from the Contractor’s payment.)
N. General Clean-up
1. Litter / Debris Removal. All areas in the work sites shall be kept free of, but
not limited to, the following items: bottles, glass, cans, paper, cardboard,
metallic items, and other debris. In addition, dog feces are also to be removed
from the walkways, turf or ground cover areas. Contractor shall promptly
remove from the work area, all debris generated by their performance.
2. Policing of Areas. The Contractor shall ensure the maintained areas of all
Assessment Districts are policed and have trash removed by 10:00 AM daily.
3. Curb and Gutter Maintenance. The Contractor is responsible for removal of
all weeds and grass growing in and around the curb and gutter area. The
Contractor is responsible to ensure the roadway is cleared of all dirt and
debris within four (4) feet of the curb and gutter in all areas adjacent to
maintenance responsibilities.
4. Walkway Maintenance. Walkways shall be cleaned immediately following
mowing and edging and cleaned by use of power sweeping or blower
equipment as per the schedule. This includes removal of all foreign objects
from surfaces such as gum, glass, dog feces, and grease. All walkway cracks
and expansion joints shall be always maintained weed and grass free. NOTE:
THE CITY HAS PROHIBITED THE USE OF GASOLINE LEAF BLOWERS,
THE CONTRACTOR SHALL ONLY USE ELECTRIC AND BATTERY
POWERED LEAF BLOWERS.
5. Drain Maintenance. All drains and catch basins shall be always kept free of
siltation and debris. All v-ditches and drainage areas shall be kept clean and
edged regularly by the Contractor.
6. Removal of Leaves. Accumulation of leaves shall be removed as required.
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7. Removal of Damaged Plant Material. All dead, damaged, declining,
hazardous or broken plant material (Trees, shrubs, vines, ground cover, turf),
whether a result of the Contractor negligence or an Act of God shall be
removed by the Contractor at no additional cost to the City.
8. All trash, litter and debris shall be removed and disposed of daily and as
requested by the Contract Administrator.
9. All sidewalks, trails, pathways, and hardscape areas contiguous to City
landscape areas shall be swept, cleaned or hosed down daily, if necessary,
to remove glass, sand/dirt, leaves, pine needles or any other debris that is
hazardous to foot traffic or the intended use of the area.
O. Lighting Inspection
1. All security lighting and monument lighting systems shall be inspected for
vandalism, safety hazards, and serviceability on a monthly basis.
Deficiencies shall be reported in writing immediately to the Contract
Administrator.
P. Graffiti Removal
1. Contractor shall monitor daily for graffiti and promptly remove all graffiti as
directed by the City. Graffiti eradication and control shall include all surfaces
within each designated maintenance area and may include, but not be limited
to, the following areas:
a. Park offices, meeting/storage rooms, swimming pool buildings, all exterior wall
surfaces;
b. Park and parkway signs, park fountains, and lighting standards;
c. Wooden bridges, play structures, and exercise equipment;
d. Picnic pavilions, patios, tables and slabs;
e. Restrooms and comfort stations, all interior and exterior wall surfaces;
f. Concrete and block walls;
g. Concrete walks throughout the parks;
h. Curbs in parking lots and on streets and drives;
i. Trash barrels and receptacles;
j. Controllers, benches and furniture, planters, trees, and seating areas; and
k. Other surfaces within a park.
2. All materials and processes used in graffiti eradication shall be not injure
surfaces or adjacent property and be approved by CAL-OSHA.
3. Appropriate surface preparation shall be made on painted walls and paint
applied shall be the exact shade of color as existing paint, unless otherwise
specifically approved by the Contract Administrator.
4. Contractor shall use special care and attention when removing graffiti from
treated or sealed surfaces. Such surfaces shall not be painted unless
instructed to do so. Contractor shall use materials and methods of application
as provided and approved by the Contract Administrator.
5. Contractor shall not be required to sandblast walls or walkways but may be
required to pressure wash surfaces.
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6. Contractor shall immediately always remove all graffiti during the days and
hours of operation when observed or within 24 hours when notified by the
Contract Administrator
Q. Liquidated Damages
1. Time is of the essence in the completion of the scope of service and
associated tasks required by the Contract Documents. Each maintenance
task or maintenance services is associated with a frequency of occurrence.
These frequencies identified are as follows:
FREQUENCY ALLOTTED COMPLETION TIME
“A” Completed Daily, before 10:00 a.m.
“B” Completed Daily, before the close of business
“C” Completed Daily, before the close of business –
Monday through Friday Only
“D” Completed Weekly, before the close of business on
Friday
“E” Completed Bi-Weekly or two (2) times per month
“F” Completed Monthly or twelve (12) times per year
“G” Completed Bi-Monthly or six (6) times per year
“H” Completed Quarterly or four (4) times per year
“I” Completed Bi-Annually or two (2) times per year
“J” Completed Annually or one (1) time per year
a. Tasks A through E are considered “regular” maintenance services.
b. Tasks F through H are considered “periodic” maintenance services.
c. Tasks I though J are considered “occasional” maintenance services.
2. If an individual task is not performed correctly or within required timelines,
Contractor shall be considered to be in default. Once considered in default,
liquidated damages may be assessed against Contractor on a per-task, site-
specific location basis until the default is corrected. The assessment shall be:
a. Fifty Dollars ($50) per occurrence for regular tasks;
b. Two Hundred Fifty Dollars ($250) per occurrence for periodic tasks; and
c. Two Thousand Five Hundred Dollars ($2,500) per occurrence for occasional
tasks.
3. The City may withhold from any monies payable on account of services
performed by the Contractor any accrued liquidated damages.
1.4 Schedule:
A. Contractor shall begin work and shall proceed with all reasonable dispatch to
completion. The Contractor will be required to maintain all areas in accordance
with the contract documents. Work must be completed in consecutive days.
Inclement weather may result in the cancellation of certain landscape
maintenance services only if the City Contract Manager or designee determines
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that there was insufficient time available for the services described to be
performed.
B. The Contractor shall accomplish all normal landscape maintenance required
under this contract between the hours of 7:00 AM and 3:30 PM, daily (or as
otherwise required), for the Fall/Spring months (November through April), and
between the hours of 6:00 AM and 2:30 PM, daily (or as otherwise required), for
the Summer/Fall months (May through October). Exceptions may be made to
normal working hours, where incidences of use may be too great during the
hours specified to allow for proper maintenance. The City may grant, on an
individual basis, permission to perform contract maintenance at other hours. No
maintenance functions that generate excess noise which would cause
annoyance to residents of any area shall be commenced before 8:00 AM. The
Contractor shall establish a schedule of routine work to be followed in the
performance of this contract.
C. The Contractor shall submit a weekly detailed job schedule, time sheet, names
and titles of all persons working on the project within ten (10) days after the start
of the maintenance contract. Materials and/or chemicals to be used on any site
shall be approved by the City or his representative. The City shall be notified
within five (5) working days of any deviation from this schedule or material usage.
D. The Contractor shall maintain and keep current a report form that records all on-
going, seasonal, and additional work maintenance functions performed daily by
the Contractor’s personnel. Said report shall be in a form and content acceptable
to the City and shall be submitted to the City upon request.
E. The City has the authority to cancel scheduled mowing cycles on a week to week
basis. The cancellation will be based upon need and prevailing weather
conditions.
1.5 Compensation:
Work will be compensated on a monthly basis. Contract pricing includes all labor,
expenses, and incidentals to complete the work outlined in the contract scope. The
Contractor may request monthly payments based on the percentage of work completed
for the previous month if a detailed progress report is provided to support the amount
requested. No additional compensation will be due by the City unless the contract is
modified for additional work requested by the City. Contractor to provide to the Director of
Maintenance and Facilities detailed invoices to outline work done/completed.
1.6 Bond Requirements:
A. Payment Bond. If subcontracting out irrigation repair work, a payment bond will be
required. If applicable, Contractor shall execute and provide to City concurrently with
this Contract a Payment Bond in an amount of 100% of the contract value and in a
form provided or approved by the City in Exhibit “D”. If such bond is required, no
payment will be made to Contractor until the bond has been received and approved
by the City.
B. Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any
surety be found to be unsatisfactory, Contractor shall renew or replace the effected
bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior
written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No
further payments shall be deemed due or will be made under this Contract until any
replacement bonds required by this Section are accepted by the City. To the extent, if
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any, that the Total Contract Price is increased in accordance with the Contract,
Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. If Contractor fails to furnish any required bond, the City may
terminate the Contract for cause.
C. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined
in California Code of Civil Procedure Section 995.120, shall be accepted. If a
California-admitted surety insurer issuing bonds does not meet these requirements,
the insurer will be considered qualified if it is in conformance with Section 995.660 of
the California Code of Civil Procedure, and proof of such is provided to the City.
D. If subcontracting out irrigation repair work, a payment bond will be required. If
applicable, concurrently with this Contract, the Contractor shall deliver to the City four
identical counterparts of the Payment Bond on the forms supplied by the City and
included as Exhibit “D” to the Contract. The surety supplying the bond must be an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120,
authorized to do business as such in the State of California and satisfactory to the City.
The Payment Bond shall be for one hundred percent (100%) of the Total Contract
Price.
.
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Appendix “A”
Assessment District Information
Assessment District #6A – Chia Road (“Fairport Development”)
Location: Chia Road (25’ South Parkway), from Gene Autry Trail to west end.
Landscaped Area: 32,500 square feet
Turf Area: 0 square feet
Trees: 43 (See District 6A Tree Inventory)
Final count subject to change – subject to verification by Contractor
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Assessment District #6C – El Cielo Road (“Park Sonora Tract”)
Location: El Cielo Road (25’ East Parkway), from Sonora Road to south of San Martin Circle.
Landscaped Area: 10,500 square feet (inclusive of turf area)
Turf Area: 10,500 square feet
Trees: 30 (See District 6C Tree Inventory)
Final count subject to change – subject to verification by Contractor.
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Assessment District #7 – San Rafael Drive (“Sunrise Norte”)
Location: San Rafael Drive (25’ North Parkway), from Mountain Shadow Drive to Sunrise Way,
including two vacant parcels as shown.
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Landscaped Area: 44,500 square feet (inclusive of turf area)
Turf Area: 44,500 square feet
Trees: 19 (See District 7 Tree Inventory)
Final count subject to change – subject to verification by Contractor
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Assessment District #8 – San Rafael Drive (“Vintage Palms”)
Locations:
(1) San Rafael Drive (varies 23’ to 38’ North Parkway), from Avenida Caballeros east 550 feet.
(2) Avenida Caballeros (varies 10’ to 30’ East Parkway), from San Rafael Drive north to end.
(Note, west side of Avenida Caballeros is privately maintained and excluded from this contract).
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Landscaped Area: 33,500 square feet
Turf Area: 0 square feet
Trees: 63 (See District 8 Tree Inventory)
Final count subject to change – subject to verification by Contractor
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Assessment District #9 – Sunrise Way (“Flora Vista”)
Location: Sunrise Way (32’ West Parkway), from Via Escuela to Racquet Club Road
Landscaped Area: 40,500 square feet (inclusive of turf area)
Turf Area: 6,500 square feet
Trees: 45 (See District 9 Tree Inventory)
Final count subject to change – subject to verification by Contractor.
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Assessment District #10 (Zone 1) – N. Palm Canyon Dr. at Gateway Drive (“Mountain Gate
1”)
Location:
(1) N. Palm Canyon Dr. (105’ East Parkway), from Gateway Dr. extending 600 feet north
(2) Gateway Dr. (Varies, 100’ to 10’), from N. Palm Canyon Dr. to Pamela Dr. (Excluding Main
Entry)
(3) Pamela Drive (7’ West Parkway and Planter at north end)
(4) Video Road (Planter at north end)
(5) Lawrence Circle (Planter at north end)
(6) Howard Circle (Planter at north end)
(7) Alberto Circle (Planter at north end)
(8) Jiminez Circle (Planter at north end)
(9) Storm Basin (3727 N. Eastgate Dr.)
(10) Alterra / Tramview Road Entry
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Landscaped Area: 145,000 square feet (inclusive of turf area)
Turf Area: 32,000 square feet
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Trees: 475 (See District 10 Tree Inventory – includes District 10 – Zone 2 trees)
Final count subject to change – subject to verification by Contractor.
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Assessment District #10 (Zone 2) – N. Palm Canyon Dr. at Gateway Drive (“Mountain Gate
2”)
Location: N. Palm Canyon Dr. (Varies, 44’ to 185’ East Parkway), starting at 600 feet north of
Gateway Dr. extending 2,050 feet north to end.
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Landscaped Area: 188,500 square feet
Turf Area: 0 square feet
Trees: 475 (See District 10 Tree Inventory – includes District 10 – Zone 2 trees)
Final count subject to change – subject to verification by Contractor.
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Assessment District #12 – E. Palm Canyon Dr. Median (“Smoke Tree Commons”)
Location: E. Palm Canyon Dr. Median from Smoke Tree Lane/Cerritos Dr. to Farrell Dr./Barona
Rd.
Landscaped Area: 8,500 square feet
Turf Area: 0 square feet
Trees: 9 mesquite trees, 4 palm tree
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Appendix “B”
Landscape & Grounds Maintenance Service Frequencies
LOCATIONS/TASK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Assessment District No. 6A D A D D B A J B I F/H F D F K
Assessment District No. 6C D D D A D D B A J B I F/H F J J D F K
Assessment District No. 7 D D D A D D B A J B I F/H F J J D F K
Assessment District No. 8 D A D D B A J B I F/H F D F K
Assessment District No. 9 D D D A D D B A J B I F/H F J J D F K
Assessment District No. 10 – Zone 1 D D D A D D B A J B I F/H F J J D F K
Assessment District No. 10 – Zone 2 D A D D B A J B I F/H F D F K
Assessment District No. 12 D A D D B A J B I F/H F D F K
ASSESSMENT DISTRICTS – LANDSCAPE & GROUNDS MAINT.
Task No. Description of Task Frequency Task No. Description of Task Frequency
1 Mowing D 10 Watering and irrigation
maintenance
B
2 Mechanical Edging D 11 Irrigation system
testing
I
3 Chemical edging,
weed control
D 12 Fertilization (F-turf/J-
shrubs)
F/J
4 Litter control A 13 Cultivation
(planters/sand areas)
J
5 Raking D 14 Renovation/vertical
mowing
F
6 Pruning, hedge
trimming
D 15 Turf reseeding J
7 Sweeping walkways B 16 Disease/pest control F
8 Graffiti eradication A 17 Plant materials F
9 Aerification J 18 Lock & keys K
ASSESSMENT DISTRICTS – LANDSCAPE & GROUNDS MAINT.
LEGEND Frequency
A Completed daily before 10:00am
B Completed daily before close of business
C Completed daily before close of business M - F
D Completed weekly before close of business on Fri
E Completed bi-weekly or 2x a month
F Completed monthly or 12 times a year
G Completed bi-monthly or six times a year
H Completed quarterly or four times a year
I Completed bi-annually or two times a year
J Completed annually
K As directed by Contract Administrator
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EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California
workers’ compensation laws. Such insurance shall be kept in full force and effect during the term
of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty
(30) days advance written notice to City of any proposed cancellation. Certificates of insurance
evidencing the foregoing and designating the City, its elected officials, officers, employees,
agents, and volunteers as additional named insureds by original endorsement shall be delivered
to and approved by City prior to commencement of services. The procuring of such insurance and
the delivery of policies, certificates, and endorsements evidencing the same shall not be
construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers,
agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this
Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one
million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million
dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one
million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual
aggregate is:
_________ required
___X____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State
of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million
per occurrence. If Contractor has no employees, Contractor shall complete the City’s Invitation
for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance
coverage shall be primary with respect to the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its
respective elected officials, officers, employees, agents, and volunteers shall be in excess of
Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and
Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if
Contractor provides claims made professional liability insurance, Contractor shall also agree in
writing either (1) to purchase tail insurance in the amount required by this Agreement to cover
claims made within three years of the completion of Contractor’s services under this Agreement,
or (2) to maintain professional liability insurance coverage with the same carrier in the amount
required by this Agreement for at least three years after completion of Contractor’s services under
this Agreement. Contractor shall also be required to provide evidence to City of the purchase of
the required tail insurance or continuation of the professional liability policy.
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5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or
better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance
and endorsements, including additional insured endorsements, effecting all of the coverages
required by this Agreement. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received
and approved by the City before work commences. City reserves the right to require Contractor’s
insurers to provide complete, certified copies of all required insurance policies at any time.
Additional insured endorsements are not required for Errors and Omissions and Workers’
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto
Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work
performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any
and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,
and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before
work commences. All certificates of insurance must be authorized by a person with authority to
bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to
obtain the required documents prior to the commencement of work shall not waive the
Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City prior to commencing any work or services under
this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions with respect to the City, its elected officials, officers,
employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment
of losses and related investigations, claim administration, and defense expenses. Certificates of
Insurance must include evidence of the amount of any deductible or self-insured retention under
the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer’s liability.
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EXHIBIT “C”
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EXHIBIT “D”
PAYMENT BOND – PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of
Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the
undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work
described as follows:
PROJECT NAME
CITY CONTRACT NO. ####
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain
Agreement (Construction Contract) for the said Public Work awarded to the Contractor and
approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”),
which Contract is incorporated herein by this reference; and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and
pursuant to Section 9550 of the California Civil Code.
NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
, a
corporation organized and existing under the laws of the State of ____________, and duly
authorized to transact business under the laws of the State of California, as Surety, are held and
firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file
stop payment notices under Section 9100 of the California Civil Code, in the sum of
________________________________________________________ Dollars
($_________________), said sum being not less than 100 percent of the total amount payable by
the City under the terms to the said Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs,
executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any
materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about
the performance of the Public Work contracted to be done, or to pay any person for any work or
labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor as required by the
provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay
for the same in an amount not exceeding the sum specified in this bond, otherwise the above
obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will
inure to the benefit of any and all persons, companies, and corporations entitled to serve stop
payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
Page 63 of 65
PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or additions to the terms of the said Contract or to the work to be performed thereunder
or the Specifications accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration, or addition to
the terms of the Contract or to the work or to the Specifications.
No final settlement between the City and the Contractor hereunder shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or
person entitled to file stop payment notices is required to engage the services of an attorney in
connection with the enforcement of this bond, each shall be liable for the reasonable attorney's
fees incurred, with or without suit, in addition to the above sum.
SIGNED AND SEALED, this ____ day of __________________, 20____.
CONTRACTOR:
Check one: ____ individual, ___ partnership, ___ corporation
(This Payment Bond must be signed by representatives and/or officers having appropriate
authority to bind the Contractor and Surety to the terms of the Payment Bond.)
EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY:
By: By:
signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:
By
signature
(NOTARIZED)
Print Name and Title:
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
Page 64 of 65
PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.
The total amount of premium charged: $__________
(The above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most
current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California if
different from above)
(Telephone Number of Surety and
Agent or Representative for
service of process in California)
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
Page 65 of 65
PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me, ,
Date Name, Title of Officer
personally appeared ,
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and
correct.
Witness my hand and official seal.
__________________________________
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of
this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above_____________________________________________________
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy or validity of that
document.
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
• Should any of the policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named (30-day Cancellation
Notice)
• The City of Palm Springs, it’s officials, employees and agents is listed as additional insured for all policies.
• General and Automobile Liability policies are Primary and Non-Contributory to other insurance available to additional insured.
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Wellfleet New York Insurance Company 20931
C N N9WC935724 05/24/2024 05/24/2025 1,000,000
1,000,000
1,000,000
Professional Liability (Errors &
Omissions): Claims-Made
Per Occurrence/ Aggregate
RCAA310295-01 5/17/2024 5/17/2025
504610169283001 02/09/2024 02/09/2025
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
AG1943
AG1960
CG2301
AG1964
AG1965
AG1993
AG1994
AG1978
AG1982
AG1999 CG2106
CG2136
AG1988 AG1989 AG1990
AG1991
AG1997
0313
0515
0413 0621
0121
0121
0121
0717 0119 0121 0514
0305
0121 0121 0121
0121 0121
SCHEDULE OF FORMS AND ENDORSEMENTS
Classification Limitation Enclorsemen
ADDITIONAL TNSURED-O�RS, LESSEES OR CONTRACTORS-AUTOMATI C ST A TUS WHEN REQUIRED TN CONSTRUCTION AGREEMENT WITli YOU TO INCLUDE WAIVER OF SUBROGATION PROVISION AND PRJMARY AND
NONCONTRIBUTORY PROVISION EXCLUSION - REAL ESTATE AGENTS OR BROKERS ERRORS OR OMISSIONS Contractors Conditions and Exclusions
Extrinsic Evidence
Exclusion Open Roofs Exclusion Absolute Torch Down Roofing Heating Device Exclusion Non-Stacking Of Limits Endorsement
Exclusion -Unmanned aircraft Exclusion -Communicable Disease
EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL
INFORMATION AND DATA-RELATED LIABILITY -WITH LIMITED BODILY
INJURY EXCEPTION EXCLUSION -NEW ENTITIES APPLICATION FOR INSURANCE ASSISTANCE AND COOPERATION OF THE INSURED SPECIFIED HOUSING AND FACILITIES EXCLUSION -NEW CONSTRUCTION,
REMODELING, RENOVATION OR CONVERSION TOTAL AND ABSOLUTE AUTO, AIRCRAFT AND WATERCRAFT EXCLUSION FIRE SUPRESSION SYSTEMS EXCLUSION
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2
DocuSign Envelope ID: 73C652D1-2ED3-4537-A08E-0A00521E72C2