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HomeMy WebLinkAbout06260 - MIKE HONZ ENTERPRISES (MARILYN MONROE STATUE PARK) DOCUMENT TRACKING Page: 2 Report: Soon to Expire Documents Summary May 12,2013 Condition: Expire Within 120 days,Document Numbers from a0001 to a6500,Groups=ENGINEERING,ALL Services,ALL XREFs Document Description Approval Da a Expiration Date Closed Date A5467 Bogert Trail Rehab Program Supplement 021-N 04/18/2007 06/30QO13 Company Name: California,State of R loope(rtitrNe work k ree,•WK6 Address: , , (CwAfl wt� ('k'TruedHS 145 Group: ENGINEERING &Y t Jd t4 i5 A[ J e k o4?y�y Service: In File / Ins.Status: Certificate and Policies are OK A6229 Animal Sheller Landscaping Maintenance 06130/2013 Company Name: Leon's Landscaping&Tree Service, Inc. Address: Ms.Maria C.Leon,Business Manager, 81-500 Industrial Place,Indio,CA 92201 )Jew 6,4 4ti c� (A) w i!f Contact: Ms.Leon Group: ENGINEERING rCP14(e -�t%r,5 6V 44cf Service: In File (,� N, xRef: DaveBarakian Ins.Status: Certificate and Policies are OK A6260 g Landscape Maintenance at the Marilyn Monroe Statue Park 0613012013 Company Name: Mike Honz Enterprises Address: Mr.Mike Honz,President, P.0.Box 1147,Indio,CA 92202 , 1 j 6,, �ra G� CA) u,r I Contact: Mr.Honz Group: ENGINEERING gyp`�— �'► f��1�4�e ��i i S �r+�4 c� Service: In File xRef: Dave Barakian Ins,Status: Cedficate and Policies are OK CONTRACT SERVICES AGREEMENT Statue Park Landscape Maintenance,NW Comer Tahquitz Canyon Way&Palm Canyon Drive. THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into this -W day of A 46V.* , 20AZ by and between the City of Pahn Springs, a California charter city and mun cipal corporation("City"),and Mike Honz Enterprises. RECITALS A. City requires the services of a landscape maintenance contractor for a period of eleven and one half months from the Agreement date above to June 30,2013; for the Marilyn Monroe Statue Park located at the NW comer of Tahquitz Canyon Way and Palm Canyon Drive. B. Contractor has submitted to City a proposal to provide landscape maintenance services City pursuant to the terms of this Agreement. C. Based on its experienced Contractor is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide landscape maintenance services as described in the Scope of Services/Work attached to this Agreement as Exhibit"A"and incorporated herein by reference(the"services"or"work"), which includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Contractor in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules,and regulations promulgated thereunder. 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. 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." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR Mike Honz Enterprises �1 Statue Park Landscape Maintenance Agreement ORIGINAL Bid A.W,()R AGREEMENT 3.1 Compensation of Contractor. For the services rendered pursuant to this Agreement, Contractor shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A,"which total amount shall not exceed$1,284.58 per month. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than the first working day of such month, submit to City in the form approved by City's finance director,an invoice for services rendered prior to the date of the invoice. Payments shall be based on the monthly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty(30)days of receipt of Contractor's invoice. Payment for July 2012 shall be prorated based on the actual number of days worked as a fraction of the month. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents,other work product,or work; 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 fonds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. 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 pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Contractor shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain 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, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of eleven and a half months commencing on the date of this Agreement, and to end on June 30, 2013, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Mike D Honz. 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 Mike Honz Enterprises 2 Statue Park Landscape Maintenance Agreement 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 hereunder. 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 Director of Public Works/City Engineer or his/her designee. It shall be the Contractor's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder 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. Therefore, Contractor shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred,voluntarily or by operation of law,without the prior written approval of City. 5.4 Indeoendent 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 herein,except as otherwise set forth herein. Contractor shall perform all services required herein 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 or in any manner represent that it or any of its agents or employees are agents or employees of the City. City shall not in any way or for any purposed become or be deemed to be a partner of the Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit`B,"which is attached hereto and is incorporated herein by reference. 7. 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,from any violation of any federal,state,or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives,and agents,which Claims arise out of or are related to Contractor's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. 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 hereunder. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. 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. Mike Honz Enterprises 3 Statue Park Landscape Maintenance Agreement 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 and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and 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 hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 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 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 and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Riehts 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 and 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. 9.4 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. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that 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 hereunder 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 thereafter. Contractor may terminate this Agreement, with or without cause,upon thirty(30)days written notice to City. 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 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. Mike Honz Enterprises 4. Statue Park Landscape Maintenance Agreement 10.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation,national origin,or ancestry. II. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication 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. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two(72)hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention:David J.Barakian Director of Public Works/City Engineer 3200 E.Tahquitz Canyon Way Palm Springs,California 92262 To Contractor: Mike Honz Enterprises Attn:Mike D Honz P.O.Box 1147 Indio,CA 92202 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. 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 phrases,sentences,clauses,paragraphs, or sections of this Agreement, which shall be interpreted to cant'out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] Mike Honz Enterprises 5 Statue Park Landscape Maintenance Agreement IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: �/ '�� By: David J.Barakian Director of Public Works/City Engineer ATTEST Date: !"�f�J'� By James Thompson, 6-1 City Clerk "CONTRACTOR" Mike Honzp��Enterprises Date: �' (I' � By: Date: 7' (�' �� By: AWWO AS TO f� APPROVED BY DEPARMENT HEAD Mike Honz Enterprises 6 Statue Park Landscape Maintenance Agreement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT decade State of California County of v,Caa;Q Q I „I On 2- &-Z2 before rra, � � (.1rAI✓ pap Ha NameardTOO Of ep MM personally appeared / /-� taaph melpnetrl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that hetshehhey executed the same in histhenther authorized capaciWms),and that by hdslierttheir sgn ie(s)on the KIMBERLY S.LICON instrument it* person(s), or the entity upon behalf of Commission is 1957054 which the person(s)aged,executed the instrument _I -i Notary Public-California Riverside County I certify under PENALTY OF PERJURY under the laws My Comm.Expires Oct 17,2015 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official SignatureL Plaza Nepeq frael AOcnp •••7 prY OPTIONAL Through the 1MormatroN below is not required by law N oW prima uahmos;to Persons ra6ft on fie document and coutd pimenf heudident rarrrorai and reaf echmer#of this lorm to mwNarr documew Description of Attached Document -T Title or Type of Document: ( r �.//�//Q C ✓>D� 1(/ Document Data: Number of Pages: Sign")Other Than Named Above: Capecity(les)Claimed by Signer(s) Signer's Name: Signers Name: 7) tndivldual ❑Individual 7 Corporate Officer-Tille(s): ❑Corporate Officer-Tftle(s): ❑ Partner-U Limed ❑General ❑Partner-O Limited ❑General' ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of ftnt here ❑Trustee Tao If nNaw hero ❑ Guardian or Conservator ❑Guardian or Conservator I 0 Other, ❑Other Sigler Is Representing: Signer Is Representing: O?W)NatlaOlNgpry Asoehbn•�50 Da aap bR P.Q esX02.deawY.CA 9f914+Na2• yaq ba lWOT RmroeeCelTasRxt80DOBE�/ Mike Honz Enterprises 7 Statue Park Landscape Maintenance Agreement EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees Schedule of Performance 1. Description — Project maintenance consists of all work shown on the attached Fundamental Task List/Frequency Schedule, for the Statue Park located at the NW corner of Palm Canyon Drive and Tahquitz Canyon Way. Work shall consist of maintenance of all areas within the Park with the exception of the Marilyn Monroe Statue itself. In order to carry out the project maintenance work the Contractor shall maintain a sufficient number of people and adequate equipment to perform the work herein specified. It shall be the Contractor's responsibility to provide a maintenance schedule, which shall be used to monitor the performance of the landscape maintenance. The Contractor shall provide an itemized maintenance schedule which must be adhered to during the course of maintenance. Any changes or deviations to the landscape maintenance schedule after the initial submittal, shall require prior approval by the City. The Contractor shall fumish all labor, equipment, materials, tools, services and special skills required to perform the landscape maintenance as set forth in these specifications and in keeping with the highest standard of quality and performance. Irrigation maintenance shall include operation of system, adjustment, and all necessary repairs. 2. Replacement of Unacceptable Material — Unacceptable material will be all dead or damaged plants, inoperable irrigation equipment and broken/damaged rocks. If at any time during the maintenance period damage occurs, the Contractor shall immediately correct damage. 3. Watering A regular watering program shall be implemented to give the best results. Mike Honz Enterprises 8 Statue Park Landscape Maintenance Agreement 4. Loss or Damage to Plant Material by Contractor Any landscaping damaged or killed due to the Contractor's operations, negligence or chemicals, shall be replaced at no cost to the City. 5. Disease and Harmful Insect Control Monthly inspections shall be made for evidence of disease and/or harmful insects. If evidence of such is found, a report shall immediately be submitted to the Contract Officer. The report shall include: 1. Exact location(s)where disease and/or harmful insects are prevalent. 2. Contractor's opinion of the type of disease and/or insect. 3. Contractor's recommendations for control and elimination of disease and/or harmful insects. 6. Clean Up The Contractor shall be responsible for keeping the entire area, including hardscape areas, free of debris such as papers, bottles, cans, glass, dirt, etc. Debris shall be removed seven (7) days a week (365 days per year). Contractor shall be responsible for trash removal from the sites. Contractor shall remove all debris resulting from the maintenance operations and dispose of it off-site. 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 work day. All travelways shall be kept clean and care shall be taken not to create unnecessary hazards to the travelway. Trash cans are to be emptied during each site visit. Contractor shall remove all graffiti except that on the Marilyn Monroe Statue itself. Should graffiti be discovered on the Statue, Contractor shall notify the Contract Officer. 7. Irrigation System Operation The water schedule will be established and programmed by the Contractor's landscape maintenance supervisor. Application rates will be based on the amount the planting areas are capable of receiving without excessive runoff. The irrigation system's schedule shall be monitored and adjusted accordingly to maintain efficient use of water being applied. Mike Honz Enterprises 9 Statue Park Landscape Maintenance Agreement In determining rates of application, soil type, topography and weather conditions will be taken into consideration. The project is equipped with an automatic system which provides for repeat cycles. Applying water over short periods of time will allow for proper infiltration and thereby minimize runoff. The Contractor shall designate a representative who shall be responsible for performing the irrigation controller check. Contractor shall turn off all controllers when it is unnecessary to irrigate due to adequate rainfall. As a minimum, all irrigation controllers shall be monitored one day per week (mutually agreed upon by the City and Contractor) while the irrigation system shall be maintained daily. Controllers shall be checked in the presence of the City's representative. Sprinkler heads shall be kept clear of overgrowth which may obstruct maximum operation. Contractor shall avoid manual activation of automatic valves. Contractor shall keep system in operation by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressures. This shall be accomplished by valve throttling and pressure gauge. Contractor shall be responsible for hand watering any areas not provided with an irrigation system, or any area resulting from the physical breakdown of the irrigation system. Maintenance The Contractor shall be responsible for the cost of cleaning, repair, adjustment and replacement of all irrigation system components, excluding backflow preventers. The Contractor shall be responsible for the cost of cleaning, repair, adjustment and replacement of all items listed in the foregoing paragraphs in addition to the following: Pipe Pipe Fittings Remote Control Valve Wiring Sprinkler Heads Valves Valve Boxes Replacement of any item shall be with an item of identical design, unless otherwise specified in writing by the Engineer. Mike Honz Enterprises 10 Statue Park Landscape Maintenance Agreement Schedule of Fees Landscape maintenance to be performed in accordance with the above Scope of Services: Landscape Maintenance $1,284.58/Month - End of Section - Mike Honz Enterprises ll Statue Park Landscape Maintenance Agreement 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) Mike Honz Enterprises 12 Statue Park Landscape Maintenance Agreement EXHIBIT"B" INSURANCE AMOUNTS Prior to commencing any Work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises.At a minimum this policy shall: • be written on a per occurrence basis; and • include products and completed operations liability, independent contractors liability, broad form contractual liability, and cross liability protection. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and cannot be waived.At a minimum this policy shall: • be written on a per occurrence basis; and • include coverage for Bodily Injury and Property Damage, Owned, Non-owned and Hired Vehicles; and • include coverage for owned, non-owned, leased and hired vehicles. If an automobile is not used in connection with the services provided by the contractor, vendor or service provider, a written request to waive this requirement should be made to the City s Risk Manager. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form available from the City's Risk Manager.At a minimum, this policy shall: • provide statutory requirements of the State of California;and • include$1,000,000 Employers Liability. B. Minimum Limits of Insurance Coverage Required $1 Million per Occurrence/$2 Million Aggregate Umbrella excess liability may be used to reach the limits stated above. C. General Standards for Insurance Policies All insurance policies shall meet the following standards: 1. Insurance carrier is to be placed with duly licensed or approved non-admitted insurers in the state of California. 2. Insurers must have a Best's rating of B+, Class VII, or higher (this rating includes those insurers with a minimum policyholder's surplus of$50 Million to$100 Million). Exceptions to the Best's rating may be considered when an insurance carrier meets all other standards and can satisfy surplus amounts equivalent to a B+, Class Vll rating. Mike Honz Enterprises 13 Statue Park landscape Maintenance Agreement 3. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. D. Verification of Insurance Coverage All individuals, contractors, agencies, and organizations conducting business for the City shall provide proof of insurance by submitting one of the following: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm or(2)an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as it relates to a speck contract" or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have"("as it relates to a specific contract"or'for any and all work performed with the City'may be included in this statement). See Example A below. As an alternative to the non-contributory endorsement, the City will accept a waiver of subrogation endorsement on the General Liability policy. At a.minimum, this endorsement shall include the following language: "This insurance company agrees to waive all rights of subrogation against the City of Palm Springs, its officers, officials and employees for losses paid under the terms of this policy which arise from the work performed by the named insured for the City." 3. "The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice by certified mail return receipt requested has been given to the City." 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. See Example B below. The Workers' Compensation and Employer's Liability policies shall contain waiver of subrogation clause in favor of City, its elected officials, officers, employees, agents and volunteers. See Example C below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certrficates 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 works hall not waiver the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance The City will accept either a CG 20 10 10 01 or a CG 20 33 10 01 (or some form specific to a particular insurance company that has similar wording) as long as the form is accompanied by a CG 20 37 10 01. In addition,the City will accept the following: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss- payee status,when appropriate,for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval Mike Honz Enterprises 14 Statue Park Landscape Maintenance Agreement F. Endorsement Language for Insurance Certificates Example A: THE INSURANCE SHALL BE PRIMARY WITH RESPECT TO THE INSURED SHOWN IN THE SCHEDULE ABOVE, OR IF EXCESS, SHALL STAND IN AN UNBROKEN CHAIN OF COVERAGE EXCESS OF THE NAMED INSURED'S SCHEDULED UNDERLYING PRIMARY COVERAGE. IN EITHER EVENT, ANY OTHER INSURANCE MAINTAINED BY THE INSURED SCHEDULED ABOVE SHALL BE IN EXCESS OF THIS INSURANCE AND SHALL NOT BE CALLED UPON TO CONTRIBUTE WITH IT. Example B: SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT CAII I IOC TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES *The broker/agent can include a qualifier stating v10 days notice for nonpayment of premium." Example C: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY WITH RESPECT TO THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. G. Alternative Programs/Self-Insurance Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the Citys requirements. The City has recently joined SPARTA(Service Providers &Artisans Trade Activities Program)to accommodate smaller contractors and service providers who have difficulty in meeting the City's insurance requirements. The SPARTA Program offers a general liability program that provides the $1 million limit and, upon request, will also provide auto insurance with the $1 million limit (only in conjunction with the purchase of general liability insurance). SPARTA is only available during the time your company is under contract with the City. Insurance is provided on a per project basis and is overseen by the Municipality Insurance Services, Inc. Essex Insurance Company provides coverage and is a B+rated company. There is a 24-hour response time and coverage is immediate. A quote may be obtained by calling 1-800-420-0555 or online at www.2sparta.com. Mike Aonz Enterprises 15 Statue Park Landscape Maintenance Agreement Type of work covered: A. Personal services contracts; B. General contractors and their subcontractors(certain specialty trades excluded); C. Contractors;and D. Providers of goods. H. Waiver of Modification of the Insurance Requirements Any waiver or modification of the insurance requirements can only be made by the City's Risk Manager or designee at City's discretion. If you do not believe that the insurance requirements apply to you (e.g., you do not have employees and therefore are not subject to the State workers' compensation insurance requirements; you do not drive an automobile in connection with the services you provide to the City; professional liability or errors and omissions liability insurance is not available for the type of services you are performing, etc.), please submit a written request for waiver or modification of the insurance requirements and the reasons underlying your request to the Risk Manager. All requests for waiver or modification will be reviewed and a final determination rendered by the Risk Manager. - END OF SECTION— Mike Honz Enterprises 16 Statue Park Landscape Maintenance Agreement *" FUNDAMENTAL TASK LIST r FREQUENCY SCHEDULE I UNIT COST SHEET LOCATION: NW Qi L- IF D2I N / u� FUNDAMENTAL TASK FREQUENCY I UNIT UNIT COST ANNUAL SCHEDULE COST MULTIPLIER COST Aerify bsf gl_AfW 625 xz 2Ga Apply pre-emergent herbicide-landscape areas Applipre-emergent herbicide-turf areas -7 Cam- _ I 7 S Blow off walks,curbs.gutters&haidscape /O X SL S Clean drinking fountains.benches&fbtm'es Control rnrisance pests - _ (J x S Z �Z-Y� FerHiizeornameruels&arriuds 20 '< ` / 7-0 Fertf-¢e turf x l ! Q(p0 Herbicide waft&landscape areas C� 'x.. S' Z Ce o f,Aahiteln/tepairirrllqason iddmmbvf Plckup I remove lifter&debris - x powered gealareas Power mow X s L (l00 power-sfriiV trim al areas EaW ves (Q 6 L S2D - r 7 3a ke out sand landscape dbuf m dean hardscepe —i5 ' lZ `f 00 Trim hedgesrshrubs 2O �c 120 PAGE TOTAL: