HomeMy WebLinkAbout06229 - LEON'S LANDSCAPING & TREE SERVICES, INC. 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 Date Expiration Date Closed Date
A5467 Bogert Trail Rehab Program Supplement 021-N 04/1 E007 0613MO13
Company Name: California,State of A ``f Dr A�r`e,+u�n
Address: , , / (C,�A /w iilyl 'AI t ,k1 f a5
V cc�f Chi5 A, e lo oVyl
Group: ENGINEERING
Service: In File
Ins.Status: Certificate and Policies are OK
A6229 Animal Shelter Landscaping Maintenance 0613012013
Company Name: Leon's Landscaping&Tree Service, Inc.
Address: Ms.Maria C.Leon,Business Manager, 81.500 Industrial Place,Indio,CA 92201 few 6,4 iA c� (A) w,If
Contact: Ms.Leon r 1�
Group: ENGINEERING
Service: In File G4
xRef: Dave Barakian
Ins.Status: Certificate and Policies are OK
A6260 Landscape Maintenance at the Marilyn Monroe Statue Park 06/30/2013
Company Name: Mike Honz Enterprises
Address: Mr.Mike Honz,President, P.0.Box 1147,Indio,CA 92202 , I 6, ���� (A)
Contact: Mr.Honz N /I
Group: ENGINEERING gyp' �` rC�llare &5 C-1 c�
Service: In File
xRef: Dave Barakian
Ins.Status: Certificate and Policies are OK
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CONTRACT SERVICES AGREEMENT
Animal Shelter Landscape Maintenance
S AGRE FOR CONTRACT SERVICES (the"Agreement')is made and entered into
this day of , 2013 by and between the City of Palm Springs, a
Caliform»a charter city and or al corporation("City"),and Leon's Landscaping&Tree Service,Inc.,
a California Corporation.("Contractor").
RECITALS
A. City requires the services of a landscape maintenance contractor for a period of eleven
months and twenty-two days to coincide with an established contract warranty period on the Animal
Shelter("Project')located at 4575 Fast Mesquite Avenue.
& 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
1.1 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
lawfiil orders,rules,and regulations romul ated thereunder.
ipromulgated
i
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
i
I
Leon's Landscaping&Tree Service, Inc. 1
Animal Shelter Landscape Maintenance Agreement
ORIGINAL BID
i
AND/OR AGREEMENT
negligence of Contractor. 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. 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$23,400.00.
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.
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 funds 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 (11) months and twenty-two (22)
days commencing on July 9, 2012, and to end on June 30, 2013, unless extended by mutual written
agreement of the parties.
Leon's Landscaping & Tree Service, Inc. 2
Animal Shelter Landscape Maintenance Agreement
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: Maria
C. Leon, Business Manager. 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
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 City Manager, or his/her designee,
The Director of Public Works/City Engineer. 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 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 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 far 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
Leon's Landscaping&Tree Service, Inc. 3
Animal Shelter Landscape Maintenance Agreement
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.
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 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
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.
Leon's Landscaping& Tree Service, Inc. 4
Animal Shelter Landscape Maintenance Agreement
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.
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.
11. 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: Leon's Landscaping&Tree Service,Inc.
Maria C.Leon,Business Manager
81-500 Industrial Place
Indio,CA 92201
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.
Leon's Landscaping&Tree Service, Inc. 5
Animal Shelter Landscape Maintenance Agreement
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 carry 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]
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date: J�, �) �f1 By:—
David H.Ready
City Manager n,-`i-4-KED BY OY MANAGER
APPROVED AS TO FORM: ATTEST
By: 1111re4a By: r�
bouJIM C.Holland, James Thompso
City Attorney City Clerk 0-17�- 0
"CONTRACTOR"
Leon's Landscaping&Tree Service,Inc.
1 v
Date: J— 2 By
Presr ent
Date: [ By:
Secretary
Leon's Landscaping&Tree Service, Inc. 6
Animal Shelter Landscape Maintenance Agreement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of A�,j6V&&
On /'9'1 z before me, L—[!_L11� S NCON
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who proved to me on the basis of satisfactory evidence to
be the person(p) whose name(e) islare subscribed to the
within instrument and acknowledged to me that
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Natry public•camorfm which the persona)acted,exetxrted the instrument.
lith,m ae County
Ms Oct 17 15 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct
WITNESS my hand and official cal.
Signature
coca teary Baal afore 9lF+aNro d ttsary ILEA
OPTIONAL
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Description of Attached Document
Title or Type of Document: CO/7�r[z
Document Date: ..._...-_........................--Number of Pages:
Signer(s)Other Than Named Ahare:
Capacity(les)Claimed by Signer(s)
Signer's Name, Signer's Name:
Individual Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
J Partner—❑Limited ❑General ❑Partner—(=:Limited L General
❑ Attorney in Fact _!Attomey in Fact
❑ Trustee Yce ❑Trustee Toe 0 thurt hem
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❑ Guardian or Conservator Guardian or Conservator 3
❑ Other: ❑Other: ---
Signer Is Representing: Signer Is Representing:
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Leon's Landscaping&Tree Service, Inc. 7
Animal Shelter Landscape Maintenance Agreement
EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
Schedule of Perfomance
1. Description — Project maintenance consists of an eleven (11) months and
twenty-two (22) days maintenance period, for the Palm Springs Animal Shelter
located at 4575 East Mesquite Avenue.
Project maintenance work shall consist of all services shown on the attached
Fundamental Task List at the Frequency Schedules shown.
During the project maintenance period, all plants and planted areas shall be kept
watered at all times. Litter, trash and graffiti shall be removed and disposed of.
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.
Maintenance period shall begin on July 9, 2012.
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 eleven (11) months and twenty-two (22) days 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 furnish 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.
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Animal Shelter Landscape Maintenance Agreement
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. Execution Groundcover Areas
Fertilization: Apply fertilizer as necessary to promote proper growth of plant
material.
Shrub and groundcover areas shall have all debris removed from the areas that
day. Groundcover shall be kept neat in appearance and within the intended area of
planting by edging and trimming.
Keep shrubs and groundcover neatly trimmed away from sprinkler heads to allow
for their proper operation. Trim and edge to maintain sidewalks and curbs free of
plant growth.
4. Disease, Harmful Insect Control
Maintain areas free of pests and diseases including insects. Use insecticides on
agaves only. Insect control of Agaves shall be performed annually.
5. Weed Control
The Contractor shall maintain the landscape area free of broad leaf weeds and
other undesirable plants. Remove weeds by chemical or mechanical means on a
weekly schedule. Weed infestations of the turf and landscape areas, if severe, may
be controlled by a commercial herbicide by obtaining written permission from the
Contract Officer. Such permission shall depend on the Contractor submitting to the
Contract Officer the following information:
1. The exact location(s)where the herbicide is to be used.
2. Verification that the herbicide has no harmful effect on desirable plant materials.
3. The herbicide will be applied at the manufacturer's instructions for application.
6. Watering
A regular watering program shall be implemented to give the best results.
7. Tree and Shrub Maintenance
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Animal Shelter Landscape Maintenance Agreement
Trees and Shrubs shall be pruned, as required and directed by Contract Officer, for
safety, removal of broken or diseased branches and general containment or
appearance.
Prune trees and shrubs to retain as much of the natural informal appearance as
possible, consistent with intended use. Shrubs shall not be clipped into balled or
boxed forms unless such is required by the design.
8. Loss or Damage to Plant Material by Contractor
Shrubs, trees and plants damaged or killed due to the Contractor's operations,
negligence or chemicals, shall be replaced at no cost to the City.
9. 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.
10. Pest Prevention and Control
The Contractor shall be responsible for detection, prevention, elimination and
control of diseases, harmful insects and weeds in the turf, shrubs, trees and sand
landscape areas. The Contractor shall select and supply proper materials and
licensed personnel and obtain necessary permits to comply with all city, county,
state and federal regulations or laws.
Contractor will assume responsibility and liability for the use of all chemical controls.
Pests and diseases to include, but not limited to, all insects, mites and other
harmful organisms.
Chemical controls to include necessary use of herbicides and plant growth
regulators. Pests may be controlled by mechanical means, as well as chemicals
when approved by Contract Officer.
Pest Control, other than insects, shall be preformed by others.
11. Clean Up
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Animal Shelter Landscape Maintenance Agreement
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 Contractors operations
shall be removed and disposed of legally at the Contractors 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.
12. Irrigation System
Operation
The water schedule will be established and programmed by the Contractors
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.
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.
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Animal Shelter Landscape Maintenance Agreement
Contractor will avoid manual activation of automatic valves.
Contractor will 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 will 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:
Plastic Pipe
Plastic Pipe Fittings
Galvanized Steel Pipe
Galvanized Steel Fittings
Remote Control Valve Wiring
Remote Control Valves
Manual Control Valves
Quick Coupler Valves
Sprinkler Heads
Valve Boxes
Replacement of any item shall be with an item of identical design, unless otherwise
specified in writing by the Engineer.
Schedule of Fees
Landscape maintenance to be performed in accordance with the above Scope of
Services:
Landscape Maintenance 12 Months @ $1,950/Month $23,400.00
- End of Section -
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Animal Shelter 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)
Leon's Landscaping &Tree Service, Inc. 13
Animal Shelter 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 Employer's 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.
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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 VII rating.
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 Springs 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 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 works hall not waiver the
contractor's obligation to provide them.
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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
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
FAILURE RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
I IAR)l ITV OF AAIU.V Ill Alfl I IDlIAI TLIC INSURER, ITS Al`CAITC (1D
REPRESENTATIVES
'The broker/agent can include a qualifier stating "10 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 City's
requirements.
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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.
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—
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