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HomeMy WebLinkAbout24B099 - Mariposa Landscapes, Inc.� AC"Rv CERTIFICATE OF LIABILITY INSURANCE DATE (MM/LID/VVYYI 0,/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55060 RECEIVE CONTACI NAME: CLIENT CONTACT_ CENTER _ RAND AX (Arc, No, EXt): 888 333-4949 IA/c, Nol: 50T-446 4664 E-MAIL ADDRESS: CLIENTCONTACTCENTERagFEDINS.COM INSURERS AFFORDING COVERAGE NAIC # INSURER A:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED INSURER B: INSURER C: MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267 OFFICE OF THE CITY CLE WRER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 160 REViSiON NUMBER. u THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRR TYPE OF INSURANCE ADDLISUBR INSR WVD POLICY NUMBER POLICY EFF MMIDD/VVVV EXP M.IDDI/DDIVYVV LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR Y Y 6069499 04/01/2025 04/01/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea ot.'rence $100,000 MED EXP (My one person) EXCLUDED PERSONALS ADV INJURY S1,000,000 GENERAL AGGREGATE $2 000 000 OENL J( AGGREGATE LIMIT APPLIES PER: POLICY �CT ❑ LOC OTHERCOMBINE: PRODUCTS 6 COMP/OP ACC $2,000,000 ILITY S ONLY SCHEDULED AUT0.5 LHIREDAUONLY NON -OWNED AUTOS ONLY Y Y 6069499 04/01/2025 04/01/2026 (Ea a-denuSINOLE LIMIT $1,000,000 BODILY INJURY (Per Persan) BODILY INJURY (Per Accident! Per AcRid DAMAGE A X UMBRELLA LIAR FXCESSLIA. OCCUR CLAIMS -MADE M N N 6069500 04/01/2025 04/01/2026 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DIED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IANY PROPRIETOR/PARTNERI EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe ender DESCRIPTION OF OPERATIONS below N/A PER STATUTE I OTHER E.L EACH ACCIDENT E.L DISEASE EA EMPLOYEE E.L DISEASE POLICY LIMIT I L DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule. may be attached it more spate is required) SEE ATTACHED PAGE KDTronnrc — FWD CANCELLATION CITY OF PALM SPRINGS 160111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 3200 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262-6959 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1989-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CONTRACT 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-City Parks Mariposa Landscapes, Inc. Ricardo Escobar estimating@mariposa-ca.com provide landscape & grounds maintenance services for the city parks $4,170,983.06 July 1, 2024 through June 30, 2027 Yes Terry Noriega, terry@mariposa-ca.com Antonio Valenzuela, antonio@mariposa-ca.com Maintenance & Facilites Daniel Martinez 05/23/2024 24B099 N/A Yes Yes Yes Procurement N/A No IFB 24-06 N/A N/A N/A 5/06/2024 Brian Sotak-Rossman DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 1 of 73 CONTRACT SERVICES AGREEMENT 24B099 LANDSCAPE AND GROUNDS MAINTENANCE SERVICES – CITY PARKS 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 Mariposa Landscapes, Inc., a California Corporation, (“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 city parks, (“Project”). B. Contractor has submitted to City a Bid to provide landscape and grounds maintenance services for the city parks, 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. 2. TIME FOR COMPLETION DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 2 of 73 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 $4,170,983.06. 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. The Contract Officer’s determination shall be final and conclusive upon the Parties to this DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 3 of 73 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: Terry Noriega, President. 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 same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 4 of 73 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: Terry Noriega President 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 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 5 of 73 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. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 6 of 73 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 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 7 of 73 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: Mariposa Landscapes, Inc. Attention: Terry Noriega 6232 Santos Diaz St. Irwindale, CA 91702 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 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 8 of 73 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] DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 9 of 73 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MARIPOSA LANDSCAPES, INC. 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. ____1J____________ 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 5/29/2024 6/2/2024 6/3/2024 Page 10 of 73 EXHIBIT “A” SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 11 of 73 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 11 City Parks and 5 Trail Heads consisting of approximately 92 acres of turf and 152 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 12 of 73 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 13 of 73 L. Special Events: 1. Contractor shall be available during special events to provide general cleanup and trash/debris removal, including the following regularly scheduled parades: a. Tour de Palm Springs (January) b. Black History Month Parade (late February) c. Palm Springs High School Homecoming Parade (late October/November) d. Greater Palm Springs Pride Parade (early November) e. Veteran’s Day Parade (November 11) f. Festival of Lights Parade (early December), and/or holiday weekends 2. Contractor shall also provide additional general cleanup and trash / debris removal during holiday weekends. M. 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. N. 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. O. Contractor shall attend a mandatory inspectors’ meeting each week in order to receive important information and resolve any problems. P. Contractor shall complete and submit a monthly Site Inspection form and keep a monthly complaint log. Q. 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. R. Contractor Staff: 1. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 14 of 73 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. Two (2) full-time lead workers c. Two (2) full-time landscape technicians d. Two (2) full-time irrigation technicians 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 facilities in the city. Additionally, workers shall be assigned to work a full eight (8) hour shift on Saturdays, Sundays and holidays to provide the City with seven (7) day-per-week coverage, as required on each Task List. 4. At least four (2) full-time employees shall be allocated seven (7) days per week and assigned to provide services at Sunrise Park and Demuth Park. The City reserves the right to require additional full-time employees to be assigned to Demuth Park and Sunrise Park if the required landscape maintenance services are not being adequately provided at these two facilities. All other facilities 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 15 of 73 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. S. 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. T. 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 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. U. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 16 of 73 V. 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. W. 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. X. 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 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 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. Y. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 17 of 73 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. Z. 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 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. AA. 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. BB. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 18 of 73 CC. 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. DD. 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. 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. EE. 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. FF. 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. GG. 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, DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 19 of 73 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 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. HH. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 20 of 73 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. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 21 of 73 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 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 Parks; 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 22 of 73 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 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 23 of 73 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. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 24 of 73 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 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 25 of 73 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. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 26 of 73 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 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 27 of 73 done in the Fall beginning as early as September. The Contractor shall provide a schedule for annual over-seeding for City Parks. 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. 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 28 of 73 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. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 29 of 73 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. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 30 of 73 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. 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 31 of 73 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. 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 32 of 73 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. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 33 of 73 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 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. 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 34 of 73 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. 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. California 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 City Parks 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 35 of 73 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. 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. The City provides on-site dumpster enclosures at some, but not all of the City’s Parks for this purpose. 9. Contractor shall be responsible for the upkeep and cleanliness of the City’s onsite trash enclosures. This includes removal and disposal of illegally dumped debris inside of and around the exterior of the enclosures whenever scheduled services are provided, and when requested by the Contract Administrator. Any hazardous materials found in the trash enclosures must be left in place and reported immediately to the Contract Administrator. 10. Trash cans, including “doggie stations”, shall be emptied, and liners replaced daily. Trash cans, including “doggie stations”, shall be cleaned inside and out at least twice per week. All lids and City logos must be wiped clean at time of services or as requested by the Contract Administrator. The City reserves the right to relocate, add or delete trash cans, including “doggie stations”, within the various City parks, at its discretion, and the Contractor shall adjust its services accordingly. Dog waste disposal bags shall be furnished and replaced at each doggie station, in addition to trash liners for the waste cans at each doggie station. 11. Trash can liners shall be replaced at the time of service. Contractor shall provide liners at the Contractor’s expense. Liner size shall be no smaller than 36” by 58”. Liner thickness shall be no less than 1.5 mil. There are four types of trash cans: Concrete 109, Metal Drums 45, Decorative 21, and Doggie Stations 30 for an estimated total of 205 in the total contract. 12. Barbecue grill and barbecue grill ash receptables shall be emptied of all ashes a minimum of once per week. Coordinate scheduling with the Contract Administrator. There are an estimated 52 barbecue grills within the City parks. a. Desert Highland 8 b. Victoria 7 c. Ruth Hardy 23 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 36 of 73 d. Baristo 2 e. Sunrise 5 f. Demuth 7 13. 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. Picnic Areas 1. Picnic tables, benches, slabs, braziers and trash containers and receptacles shall be cleaned daily to ensure safe use by the public. 2. Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. 3. Cooking grills, braziers, fireplaces and fire rings shall be inspected for general need of repair. 4. Contractor’s observance of the general need of repair or replacement of loose planks or braces, braziers and fireplaces shall be immediately reported to the Contract Administrator. 5. Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. 6. The entire picnic area shall be kept free of broken glass, cans, pop tops, paper, etc. 7. All shelters, including park benches, picnic tables and play equipment, shall be power washed and sanitized a minimum of four times a year, or as directed by the Contract Administrator. 8. All shelters shall have signs, tape, staples and litter removed daily by 10:00 AM. P. Sand and Engineered Wood Fiber (EWF) Maintenance 1. Sand EWF areas within City Parks generally include, but are not limited to tot lots, playground areas, volleyball courts, etc. 2. All sand and EWF areas within City Parks shall be maintained weed free. 3. All sand areas shall be cultivated or rototilled to alleviate compaction, a minimum of once per month or as directed by the Contract Administrator. After rototilling, sand shall be raked level. 4. On Monday and Friday of each week, all sand and EWF areas shall be raked level and inspected for any foreign debris. All foreign debris shall be promptly removed and disposed of. Any displaced sand or EWF shall be replaced into the area it came from or removed if contaminated. Q. Playground Equipment Inspection 1. All playground sites and equipment shall be inspected at the start of each workday. The sand must be cleaned and raked level to remove any foreign and/or hazardous material and neatly groomed daily before 10:00 a.m. 2. Any graffiti or equipment showing signs of wear, fatigue or otherwise presenting an unsafe condition shall be reported immediately to the Contract Administrator. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 37 of 73 3. Special attention shall be given to low sand or wood chip areas around play equipment. These areas shall be leveled by distributing sand or wood chips from high areas to low areas. During the leveling and distribution of sand, no concrete footing shall be exposed that could allow children to trip or fall. 4. During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. 5. The raking and distribution of sand or wood chips around and below the play equipment shall have a cushioning potential and this condition shall extend for eight feet (8’) beyond any part of the play equipment. 6. All sand or wood chip play areas shall be maintained free of litter, cans, pop tops, broken glass and other harmful and unsightly debris. R. 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. S. Drinking Fountain Maintenance 1. All drinking fountains shall be inspected weekly and always kept clean and operational. 2. Every instance of damage, leaks, non-operation, etc., shall be reported to the Contract Administrator. T. 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 38 of 73 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. 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 U. Recreational Court Maintenance 1. Contractor shall provide daily and other regular maintenance at the various recreational courts located in the City’s parks as follows. Contractor is advised that as part of the grounds and landscape maintenance services at the City parks, recreational court maintenance shall be included as specified herein. Recreational courts include, but are not limited to the following: Baristo Park – One basketball court Desert Highland Park – One basketball court and one volleyball court DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 39 of 73 Demuth Park – Four tennis courts (or converted pickle ball courts) Ruth Hardy Park – Eight tennis courts DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 40 of 73 2. Note – current schedule for washing these tennis courts is every first and third Wednesday of the month, as posted. The Contractor shall maintain this schedule, or otherwise coordinate with the Department on an alternative approved schedule, and furnish and install new signage to advise the public of the alternative schedule. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 41 of 73 Ruth Hardy Park – One basketball court DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 42 of 73 Sunrise Park – One half-court basketball court 3. Required scope of services for recreational courts: a. All court surfaces shall be blown clean and swept daily. b. All court surface cracks and joints shall be deep cleaned and removed of weeds once per week. c. All court surfaces shall be washed down and cleaned twice per month; all areas shall be squeegeed dry immediately following washing operations. Washing operations shall be completed prior to 8:00 AM, and are currently schedule the first and third Wednesday of every month. V. Trail Head Maintenance 1. Contractor shall empty all trash cans and dog waste dispensers, and replace liners daily. Trash cans and “doggie stations” shall be cleaned inside and out once per week. Trail head signs shall be cleaned and removed of any graffiti, illegally posted signs, and the surfaces wiped clean once per week. W. Liquidated Damages 1. Time is of the essence in the completion of the scope of services 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 43 of 73 “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 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 44 of 73 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 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 45 of 73 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. . DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 46 of 73 Appendix “A” City Park Information Baristo Park Location: 296 S. Calle Encilia. Total Area: 1.4 acres (Flood Control Channel fence and access roads included) Turf Area: 0.6 acres Recreational Items: • 1 Playground Area • 1 Basketball Court DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 47 of 73 Demuth Park Location: 4365 E. Mesquite Avenue. Total Area: 62 acres (Includes Mesquite Avenue median and parkway landscaping, Mountain View Dr. to Vella Rd.) General Turf Area: 25 acres Sports Turf Area: 16 acres Recreational Items: • 8 lighted sports fields, 1 multi-purpose field, playground areas, 4 lighted tennis courts, restroom facilities, parking areas and access roads Note: Demuth Park is irrigated with reclaimed water – requires appropriately certified Recycled Water Supervisor and compliance with state regulations on use of reclaimed water. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 48 of 73 Desert Highland Park Location: 480 W. Tramview Road. Total Area: 10.8 acres (excludes open area between Tamarisk tree windbreak) (Includes Tamarisk tree windbreak along perimeter of park) General Turf Area: 7.51 acres Recreational Items: • 1 lighted sports field • 2 playground areas • 1 basketball court • 1 tennis court • Recreation and gymnasium building • Parking areas DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 49 of 73 Dog Park Location: 255 N. El Cielo Road. Total Area: 2.2 acres General Turf Area: .57 acres Recreational Items: • Seating areas • Shade structures DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 50 of 73 Downtown Park Location: Museum Way between N Museum Dr and Belardo Road. Total Area: 1.5 acres General Turf Area: .15 acres Recreational Items: • Event Stage • Seating areas • Shade structures • Water Feature DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 51 of 73 Frances Stevens Park Location: 538 N. Palm Canyon Drive. Total Area: 3.5 acres (Includes Indian Canyon Dr. median landscaping) General Turf Area: 1.41 acres Recreational Items: • Palm Canyon Theater / Desert Arts Center building • Shuffleboard courts • Public fountain and seating area • Parking areas DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 52 of 73 Gene Autry Trail Gateway Park Location: Southwest corner of Gene Autry Trail / Vista Chino. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 53 of 73 Ruth Hardy Park Location: 700 E. Tamarisk Road. Total Area: 19.3 acres General Turf Area: 13.95 acres Recreational Items: • 8 lighted tennis courts • 1 basketball court • 2 sand volleyball courts • Playground areas • Picnic areas • Restroom facility DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 54 of 73 Sunrise Park Location: Northwest corner of Sunrise Way and Ramon Road. Total Area: 37 acres General Turf Area: 14.18 acres Sports Turf Area: 4.3 acres Recreational Items: • Baseball stadium and fields, Library, Recreation Center, Swim Center, Skate Park, Playgrounds, picnic areas, parking areas DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 55 of 73 Victoria Park Location: 2744 N. Via Miraleste Total Area: 7.4 acres General Turf Area: 6.92 acres Recreational Items: • Playground, sand volleyball court, restroom facility DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 56 of 73 Wellness Park Location: Southeast corner of E Racquet Club Road and N Via Miraleste Total Area: 5 acres General Turf Area: 1.3 acres Recreational Items: • Shade structures, picnic areas, parking area DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 57 of 73 Trail Heads #1 – Skyline Trail / Palm Springs Museum Trail Location: Palm Springs Art Museum parking lot (northwest corner) DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 58 of 73 #2 – Lykken Trail Location: West end of Ramon Road DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 59 of 73 #3 – S. Lykken Trail Location: West end of Mesquite Avenue DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 60 of 73 #4 – S. Lykken Trail Location: S. Palm Canyon Drive, south of Murray Canyon Drive DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 61 of 73 #5 – Araby Trail Location: E. Palm Canyon Drive at Southridge Drive DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 62 of 73 Appendix “B” Landscape & Grounds Maintenance Service Frequencies City Parks Frequency Schedule City Parks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Baristo Park D D D A A B A F B A J D D F F J J D F K A A D E Demuth Park D D D A A B A F B A J D D F F J J D F K A A D E K Desert Highland Park D D D A A B A F B A J D D F F J J D F K A A D E Dog Park & Co-Gen Complex D D D A A B A F A J D D F F J J D F K A A D E Downtown Park D D D A A B F A J D D F F J J D F K A A D E Frances Stevens Park D D D A A B A F A D D F F J J D F K A Gene Autry Trail Gateway Park A A B A F A D D F F J J D F K A Ruth Hardy Park D D D A A B A F B A J D D F F J J D F K A A D E K Sunrise Park D D D A A B A F B A J D D F F J J D F K A A D E Victoria Park D D D A A B A F A J D D F F J J D F K A A E Wellness Park D D D A A B A F A J D D F F J J D F K A A Trail Heads (5) A A B A F A J F K A DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 63 of 73 CITY PARKS – LANDSCAPE & GROUNDS MAINT. Task No. Description of Task Frequency Task No. Description of Task Frequency 1 Mowing D 14 Fertilization turf/shrubs F 2 Mechanical Edging D 15 Cultivating F 3 Weed Control D 16 Renovation/vertical mowing J 4 litter control A 17 Turf reseeding J 5 Trash containers B 18 Disease/pest control D 6 Trash bin removal B 19 Plant materials F 7 Raking A 20 Lock & keys K 8 Pruning, hedge trimming F 21 Picnic areas & pavilion inspection A 9 sweeping walkways B 22 Playground equipment inspection A 10 Graffiti eradication A 23 Recreational court sweeping D 11 Aerification J 24 Playground equipment/recreatio n court washing E 12 Watering and irrigation maintenance D 25 Specialty tasks K 13 Irrigation system testing D CITY PARKS – 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 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 64 of 73 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 65 of 73 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 66 of 73 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) DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 67 of 73 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 68 of 73 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. DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 69 of 73 EXHIBIT “C” DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 70 of 73 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: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 71 of 73 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: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 72 of 73 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: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 Page 73 of 73 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: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$193.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:MARIPOSA LANDSCAPES, INC. DBA: Owner:MARIPOSA LANDSCAPES, INC. Mailing Address:6232 SANTOS DIAZ ST IRWINDALE, CA 91702 License Number:CBL-006021-2024 Expiration Date:04/30/2025 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:6232 SANTO DIAZ ST, IRWINDALE, CA 91702 Business Description:CONTRACTOR - ENGINEERING / LANDSCAPING TO BE POSTED IN A CONSPICUOUS PLACE DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANYP ROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/19/2024 Venbrook Insurance Services6320 Canoga Avenue, 12th FloorWoodland Hills, CA 91367 818-598-8941 www.venbrook.com CA Lic No. 0D80832 Windy West Windy West WWest@venbrook.com Mariposa Landscapes, Inc.6232 Santos Diaz St.Irwindale CA 91702 79145574 Waiver of Subrogation applies to Workers' Compensation. City of Palm Springs3200 E Tahquitz Canyon WayPalm Springs CA 92262-6959 RE: Landscape/Grounds Maintenance and Tree Care Services *10 Days Notice of Cancellation for Non-Payment of Premium, 30 Days All Other. A 24D WS 12057 4/1/2024 4/1/2025 1,000,000Y 1,000,000 1,000,000 Alaska National Insurance Company 38733 79145574 | 24-25 WC - ML | Windy West | 3/19/2024 3:03:54 PM (PDT) | Page 1 of 2 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 DQR\ NWMX[\NVNW] LQJWPN\ ]QN YXURLb ]X ‘QRLQ R] R\ J]]JLQNM JWM& ^WUN\\ X]QN[‘R\N \]J]NM& R\ NOONL]R_N XW ]QN MJ]N R\\^NM J] )*/() 0’=’ \]JWMJ[M ]RVN J] bX^[ VJRURWP JMM[N\\ \QX‘W RW ]QN YXURLb’ 4@= AD>EHC8JAED 9=BEL AI H=GKAH=< EDBM L@=D J@AI =D<EHI=C=DJ AI AIIK=< IK9I=GK=DJ JE ;ECC=D;=C=DJ E> J@= FEBA;M# 4WMX[\NVNW] 4OONL]R_N @XURLb >X’ 8W\^[NM 4WMX[\NVNW] >X’ 2X^W]N[\RPWNM 1b F2 (, (+ (- $(, .,% 7$+6’2 0( 052 2+)*4 40 2’%06’2 (20. 04*’23 ’/&023’.’/4 " %$-+(02/+$ FN QJ_N ]QN [RPQ] ]X [NLX_N[ X^[ YJbVNW]\ O[XV JWbXWN URJKUN OX[ JW RWS^[b LX_N[NM Kb ]QR\ YXURLb’ FN ‘RUU WX] NWOX[LN X^[ [RPQ] JPJRW\] ]QN YN[\XW X[ X[PJWRcJ]RXW WJVNM RW ]QN CLQNM^UN’ $DQR\ JP[NNVNW] JYYURN\ XWUb ]X ]QN Na]NW] ]QJ] bX^ YN[OX[V ‘X[T ^WMN[ J ‘[R]]NW LXW][JL] ]QJ] [NZ^R[N\ bX^ ]X XK]JRW ]QR\ JP[NNVNW] O[XV ^\’% HX^ V^\] VJRW]JRW YJb[XUU [NLX[M\ JLL^[J]NUb \NP[NPJ]RWP ]QN [NV^WN[J]RXW XO bX^[ NVYUXbNN\ ‘QRUN NWPJPNM RW ]QN ‘X[T MN\L[RKNM RW ]QN CLQNM^UN’ DQN JMMR]RXWJU Y[NVR^V OX[ ]QR\ NWMX[\NVNW] \QJUU KN # XO ]QN 2JUROX[WRJ ‘X[TN[\d LXVYNW\J]RXW Y[NVR^V X]QN[‘R\N M^N XW \^LQ [NV^WN[J]RXW’ 3%*’&5-’ 1=HIED EH 0H?8DAN8JAED ,E9 &=I;HAFJAED - " 1UJWTN] ‘JR_N[/ 0Wb YN[\XW\ X[ X[PJWRcJ]RXW\ OX[ ‘QXV ]QN 8W\^[NM& QJ\ JP[NNM Kb ‘[R]]NW LXW][JL]& ]X O^[WR\Q ]QR\ ‘JR_N[’ $&.’ #" %’),*//+(*- Mariposa Landscapes, Inc. 24D WS 1205704/01/2024 79145574 | 24-25 WC - ML | Windy West | 3/19/2024 3:03:54 PM (PDT) | Page 2 of 2 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". © Insurance Services Office, Inc., 2016 Page 1 of 1 CA 04 49 11 16 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-128 (03-03) Policy Number: 6069499 Transaction Effective Date:04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM INSURED: Mariposa Landscapes Inc 6232 Santos Diaz St Irwindale, CA 91702-3267 1.WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include the Additional Insured specified below but only with respect to liability arising out of your operations or premises owned by or rented to you. 2.The insurance does not apply to "bodily injury" or "property damage" liability arising out of the sole negligence of the Additional Insured named below. 3.We agree to notify the Additional Insured named below at the address stated below of any cancellation of, or material change to, this policy. Relationship of the Additional Insured to the Insured: "Any Coverage Provided by This Endorsement Applies Only to Landscape Maintenance and Tree Care Services Provided for the City of Palm Springs". Additional Insureds Include: the City of Palm Springs, its Officials, Employees and Agents - Additional Insured Name and Address: City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-75 (10-13)Policy Number: 6069499 Transaction Effective Date: 04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 20 01 12 19 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 POLICY NUMBER: 6069499 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 "Any Coverage Provided by This Endorsement Applies Only to Landscape Maintenance and Tree Care Services Provided for the City of Palm Springs". Additional Insureds Include: the City of Palm Springs, its Officials, Employees and Agents Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2018 Page 1 of 2 CG 20 10 12 19 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or Insured: Mariposa Landscapes Inc 6232 Santos Diaz St Irwindale, CA 91702-3267 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 POLICY NUMBER: 6069499 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 "Any Coverage Provided by This Endorsement Applies Only to Landscape Maintenance and Tree Care Services Provided for the City of Palm Springs". Additional Insureds Include: the City of Palm Springs, its Officials, Employees and Agents Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Insured: Mariposa Landscapes Inc 6232 Santos Diaz St Irwindale, CA 91702-3267 © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 20 37 12 19 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5 COMMERCIAL GENERAL LIABILITY CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 24 53 12 19 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 DocuSign Envelope ID: 545EE16A-E8DA-45D9-AA7A-43A62A6271C5