HomeMy WebLinkAbout06050 - CONSERVE LANDCARE CP 06-03 GATEWAY PROJECT LANDSCAPE MAINTENANCE Kathie Hart
From: Tabitha Richards
Sent: Tuesday, May 20, 2014 7:13 AM
To: Kathie Hart; Karen Tolliver
Subject: RE:a6050-cONSERVE IANDCARE(GAT Gateway Landscape Improvement Maintenance CID 06-03)
Yes,you can close this file.
Thanks, �
Tabitha Richards
760-323-8253 ext 8750
..........
From: Kathie Hart
Sent: Monday, May 19, 2014 6:56 PM
To: Tabitha Richards; Karen Tolliver
Subject: a6050 - cONSERVE IANDCARE (GAT Gateway Landscape Improvement Maintenance CID 06-03)
This agreement expired 6-30-3013.
OK to close the file?
Kathie Hart, MC
Chief Deputy City Clerk
City of Palm Springs AF(760)323-8206
3200 f. Tahqui tz Canyon Way A(760)322-8332
Palm Springs,CA 92262 10Ka1h1e.Hart@Pa1m5prinosCA.9e
Please note that City Hall is open 8 a.m, to 6 pm,.Monday through Thursday,and closed on Fridays at this time.
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AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 6050
WITH CONSERVE LANDCARE, INC. FOR
PARKS, PARKWAYS LANDSCAPE MAINTENANCE SERVICES
The following articles of Agreement No. 6050 are hereby amended as follows:
THIS THIRD AMENDMENT TO THE,CONTRACT SERVICES AGREEMENT(herein`Third Amendment'),
made and entered into on this -M day of 2013, by the City of Palm Springs
(herein "City"), a charter city organized and existind in the County of Riverside, under the by virtue of the
laws of the State of California, and Conserve Landcare, Inc. (herein "Contractor"), amends that certain
Contract Services Agreement dated January 19, 2011 (herein "Agreement') by and between the same
parties.
The Contract Sum is increased fora onetime cost of$7,132 which includes the cost for erosion control and
plant replacements for bare areas. The annual contract amount is also increased by $2,500 for "as
needed"and/or emergency services. The term is to be extended until June 30, 2013 at a monthly rate of
$1,870 per month, which will increase the current PO#12-0315 an additional $11,220.
The purpose of this Amendment is to increase the contract and the PO#12-0315 in the total amount of
$20,852.
Agreement Number: 6050
Original:
City Manager Approval: January 19, 2011
Amendment Amount: $ 16,830
Amendment#1
City Manager Approval: October 18, 2011
Amendment Amount: $ 5,610
Amendment#2
City Council Approval: January 4, 2012
Amendment Amount: $ 22,440
THIS Amendment#3:
$ 7,132 erosion control &other work orders
$ 2,500 "as needed"/emergency services
$11,220 (6@$1,870/mo)
TOTAL Amount of THIS A#3 $ 20,852
Account Numbers for thisA#3:
PLEASE INCREASE PO AS FOLLOWS:
001-2451-43240 -$20,852
Except as specifically amended by this Amendment No. 3 and all preceding executed amendments, all
terms and provisions of Agreement No. 6050 remain in full force and effect.
SIGNATURES ON NEXT PAGE
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below.
"City"
` CITY OF PALM SPRINGS
Date: L4'�1 1�- By: '�
David H. Ready
ATTEST:
By:
City Clerk
"ContractoF'
Conserve Landcare Inc.
74-040 Highway 111, Suite L200
Palm Desert, California 92260
Date: ��i�I�3 By:
Bruce K. ilson, President
"P?O'1"D BY C"COUNCIL
)ate
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AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 6050
WITH CONSERVE IANDCARE, INC. FOR
GATEWAY PARK LANDSCAPE MAINTENANCE
The following articles of Agreement No. 6050 are hereby amended to read as follows:
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$44,880. j
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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 Twenty-Four(24)Months, commencing i
January 1, 2011 and ending December 31, 2012 unless extended by mutual written agreement of the
parties.
SCOPE OF SERVICES (Exhibit"A")—Exhibit°A" is amended as follows:
Where reference is made to a 9 month plant establishment and maintenance period,the reference shall be
revised to indicate a 24 month plant establishment and maintenance period.
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Under"Schedule of Fees"the following shall replace the existing text:
Landscape maintenance to be performed in accordance with the above Scope of Services:
Landscape Maintenance 24 Months @ $1,870/Month $44,880
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Purchase Order Number(s): 12-0315 l
Agreement Number 6050
Original City.Manager Approval January 19, 2011 i
Original Contract Amount $ 16,830.00
Amount of Previous Increase(s) $ 5,610.00 I
Amount of This Increase $ 22,440.00 i
Amended Total: $ 44,880.00
Account Number: 152-2460-51554
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SIGNATURES ON THE NEXT PAGE
ORIGINAL BID j
AN`D1OR AGREEMENT
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Except as specifically amended by this Amendment No. 2 all terms and provisions of Agreement No.6050
remain in full force and effect.
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"City"
CITY OF PALM SPRINGS
i
Date: By:
David H. Ready, City Mana
ATTEST:
I
By:
-or ?_-City
ntractor"
Conserve LandCare, Inc.
74-040 Highway 111, Suite L-200
Palm Desert, CA 92260
Date:_- 2bk;,7 By:
Bruce KWilson, President
t+'N ( D/A,S TO FORM APPROVED BY CITY EOUNCIL
III aieon,ey `...` 1•�r•1'Il 8E Ab05�
rate 9/-If-,W12—
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i_._....-_._— ------ ----- — — ..-------
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 6050
WITH SIERRA LANDSCAPE COMPANY, INC.
(ASSIGNED TO CONSERVE LANDCARE, INC.)
GATEWAY PARK AND GATEWAY PARK LANDSCAPE MAINTENANCE
The following articles of Agreement No. 6050 are hereby amended to read as follows:
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 $22,440.
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 Twelve (12)
Months, commencing January 1, 2011 and ending December 31, 2011, unless extended by
mutual written agreement of the parties.
SCOPE OF SERVICES (Exhibit "A")— Exhibit "A" is amended as follows:
Where reference is made to a 9 month plant establishment and maintenance period, the
reference shall be revised to indicate a 12 month plant establishment and maintenance period.
Under"Schedule of Fees'the following shall replace the existing text:
Landscape maintenance to be performed in accordance with the above Scope of Services:
Landscape Maintenance 12 Months @ $1,870/Month $22,440
Purchase Order Number(s): 12-0315
Agreement Number: 6050
Original City Manager Approval: January 19, 2011
Original Contract Amount: $ 16,830
Amount of Previous Increase(s) $ 0
Amount of This Increase $ 5,610
Amended Total: $ 22,440
Account Number(s): 152-2460-51554
SIGNATURES ON LAST PAGE
ORIGINAL BI )
AWOR AGREEMENT
Except as specifically amended by this Amendment No. 1, all terms and provisions of
Agreement No. 6050 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
�CityCierkn=4q '_ � By'!� /
City Manager
APPROVED FORM:
APPROVED BY CITY MANAGER
yq� 0
By. Attorney � -
CONTRACTOR: Conserve LandCare, Inc.
Check one:_Individual_Partnership x Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice
President.The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Financial Officer).
By:Z!! By:
Notarized Signature Chairman of Board, Notarized Signatu Secretary,Asst Secretary,
President or a11nyf Vice President Treasurer,Asst treasurer or Chief Financial Officer
Name: �J�/Il`d011 Name: 1M1& -•. �t�SfQn
Title: �1�QSi Ld&I1
State of�! State of��l AA
County of` -e Iss �1,•�,� County of� r Q {)as
On before me, 11�• �LtW.,,W�w&bur AWN before me,F�����yl�,• �,�1t�y N�lrt/W T(rl{7Ll t.
personally appeared yJyLl(D yL. I�5,514.. personally appeared 't7'UL# W( I T
who proved t me on the basi of s I sfacfor evidence)to be who proved to me on the basis of satisfactory evidence)to be
the person whose name( is/4 subscribed to the withiyyyy the person(s) whose name(s) is/are subscribed to the within
instrument and acknowle�ed to me that he/st /they instrument and acknowledged to me that he/she/they
executed the same in is/her/their authorized capacity(i executed the same in his/her/their authorized capacity(ies),
and that by his/h�r/th�signature on the instrument the and that by his/herttheir signature(s) on the instrument the
person(, or the entity upon beh If of which the person/ person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument. acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and
correct. correct.
WITNESS my hand a icial seal. WITNESS my hand andofficial seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
ERIN L.MEYER
Commission#1843850 ERIN L•MEYER
Notary Public•California Commission#1843M
Rhrcnkle County Notary PubOc•Calitornla
om Cm es Ag 9,2013+ R*K"County,
Comm =a Apr 9.2013+
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oP PALM 8
h� A4'y City of Palm Springs
Department of Public Works and Engineering
3200 East Tahquitz Crayon Way•Palm Sprlogs,California 92262
C'94/Fp Tel:(760)323-8253•Pas:(760)322-83M•Web:www. .gov RN�h
June 13,2011
Bruce K.Wilson
President
Conserve LandCare, Inc.
74-040 Highway 111, Suite L-200
Palm Desert, CA 92280
Re: Gateway Parkway and Gateway Paris Landscape Maintenance
City Agreement No. WN
Dear Mr.Wilson:
The City approved the above mentioned Agreement with Sierra Landscape Company, Inc. CSerra') on
January 19, 2011. The City is in receipt of Simms letter dated June 8,2011, advising the City that as of March
1, 2011, Sierra discontinued providing services as required under the terns of the Agreement, and
recommended the City essign.the Agreement to Conserve LandCare Inc. ('Conserve] retroactive to March 1,
2011. The City is also in receipt of your letter dated June 8,2011, requesting the City to assign the Agreement
to Conserve, and that Conserve accepts the terms and conditions of the Agreement.
Pursuant to Section 5.3 of the agreement, neither the agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of the City. The City has
reviewed your request and will approve the assigrunent of the agreement under the provision that Conserve
agree to all terms, conditions, covenants and requirements of the original agreement (including, but not limited
to, the scope of services, schedule of performance, compenestion, and insurance requirements) and they
remain in full force and effect. In addition, pursuant to Section 11.1, Notice, please provide the official address
to be used for any written communications from the City.
The person executing this Assignment below on behalf of Conserve hereto warrants that he/she is duly
authorized to execute this Assignment and by so executing this Assignment formally bounds Conserve to the
terms and conditions of the agreement. Please have the authorized person sign below, date and return this
letter to my attention no later than Monday, June 20, 2011. if you have any questions, please feel free to
contact me at(760)323.8253, extension 8744, or by e-mall at MarcusTulleraipaimspringsca.gov.
Si reIY5�S
Ma .E., .
Assistant Director of Public Works/
Assistant City Engineer
enc
CO.' Craig Gladders
Jay
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ORIGINAL BID
AND/OR AGREEMENT
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i CONTRACT SERVICES AGREEMENT ASSIGNMENT
' GATEWAY PARKWAY AND GATEWAY PARK LANDSCAPE MAINTENANCE
AGREEMENT NO. 6050
' In Witness Whereof,the parties have executed this Assignment as of the dates stated below:
CONSULTANT:
Conserve LandCare, Inc.
Date: / ��� ��✓/��'
(printed name and title)
CITY:
City of Palm Springs, CA
Date: 0\1
David H.Ready,Cry Ma
ATTEST.
/aMesThompeon,CNy Clack
APPROVED BY CITY n%Cr 'ROVED AS TO F04M
hi'riu7ED BY CITY MANAGER
lAhSiC.h�..lnE' n�.l_�,=�50
CONTRACT SERVICES AGREEMENT
Gateway Parkway and Gateway Park Landscape Maintenance
THIS AGREEMENT FOR CONTRACT SERVICES (the"Agreement") is made and entered into
this Akday of i , 20—"— by and between the City of Palm Springs, a
California charter city and munilpal corporation ("City"), and Sierra Landscape Company, Inc., a
California Corporation. ("Contractor").
RECITALS
A. City requires the services of a landscape maintenance contractor for a period of nine
months to coincide with an established contract warranty period on the Gateway Park/Gateway Parkway
("Project").
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 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
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
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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$16,830.00.
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 Ma_ieure. 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 Nine (9) Months, commencing at the
completion of the 90 day maintenance period required as a part of City Project 06-03, Gene Autry
Trail Gateway, Landscape Improvement Project, unless extended by mutual written agreement of the
parties.
5. COORDINATION OF WORK
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
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: Rafael
Esquivel, Operations Manager, Maintenance Division. 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,
Marcus Fuller, Assistant Director of Public Works/Assistant 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 Assign ment. 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 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
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
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.
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,
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
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
1.0.1 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:Marcus Fuller
Assistant Director of Public Works/Assistant
City Engineer
3200 E.Tahquitz Canyon Way
Palm Springs,California 92262
To Contractor: Sierra Landscape Company,Inc.
Rafael Esquivel,Operations Manager
Maintenance Divison
73-771 Dinah Shore Drive
Palm Desert,CA 92211
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 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.
S
Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
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: By:
David H. Ready
City Manager
APPROVED BY CITY MANAGER
APPROVED AS TO FORM: ATTEST
� 9
By: G"b "'i .. .
hr Douglas C. Hollwkdj, James Thompson,
U City Attorney City Clerk
"CONTRACTOR"
Sierra Landscape Company,Inc.
Date: I2 I U By: "4
Aor�g�eL. Gonzalez,President
Date: � By: �i""�
Theresa L.Gonzales,Vice P dent
Not to Exceed $
Without The Express Written
Authorization Manager Of The City
Sierra Landscape Inc. 6
Gateway Landscape Maintenance Agreement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On �, -
befpr8 ��i►� 1-....�U1 e r_ l�n-wc P� c
Nere e-rt-N�a,"a�rui Title.1
ilce Officer
personally appeared�rq-!� _L-6ba ,k Z " 1�l.C�E&A L-4 (0 r7
- Nsarwlal aY Signer(sp
who proved to me on the basis of s bsfactory evidence to
be the person(s) whose name(s) are s�to the
within instrument and acknowledged to me that
tsetthey executed the same in hj&hA it authorized
ty(ies), and that 4 f� in
signatur`e(s)on the
instrument the person(s), or the entity upon behalf of
ERIN L.MEYER which the person(s)acted,executed the instrument
Commission#� 1843850
Notary Public-California I certify under PENALTY OF PERJURY under the laws
Riverslds County of the State of California that the foregoing paragraph Is
my Comm.Ex Ines A r 9°2013 true and corn -L)
WITNES h nd official seal.
Plu<. Py ae Signature s 4Jp9d y>�,a
QP7")`C7N�1L
Though ffie information below is not MQt#wd by W ft nw ptrwo vaheab(o to persons roiykv on the document
and could prewent Irsa&dent removal and react chment of ttus form to another o m9enl.
Description of Attached Document
Tltia or Type of Document:_.._.. /�
Document.Date:��Akbvova.
Number of Pages:
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Capacity(les)Claimed by Signer(s)
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i Corporate O icer—Titte(s): r `rtorporate Officer—Title(s):
D Partner---f J Urnited ❑General :1 Partner—L: Limited C General
D Attorney in Fact :J Attorney in Fact
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Sierra Landscape Inc. 7
Gateway Landscape Maintenance Agreement
EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
Schedule of Perfomance
1. Description.— Project maintenance consists of a minimum 9 month plant establishment
and maintenance period, to coincide with the warranty period established as a part of City
Project 06-03, Gene Autry Trail Gateway Landscape Improvement Project, for which
Sierra Landscape was the prime Contractor. The 9 month landscape maintenance period
shall include required maintenance of the associated irrigation system.
Project maintenance work shall consist of applying water, fertilizing all areas, weeding,
caring for plants, raking of DG areas, Raking of Bocci Courts, sweeping walks, litter
pickup, emptying of trash cans and performing all general project maintenance.
During the project maintenance period, all plants and planted areas shall be kept well
watered and kept weed free at all times. Weeds, Dallas and Johnson grass, and Bermuda
grass shall be removed and disposed of.
In order to carry out the project maintenance work the Contractor shall maintain a sufficient
number of men and adequate equipment to perform the work herein specified.
Maintenance period shall begin at the completion of the 90 Day Maintenance period
conducted as a part of City Project 06-03.
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
the 9 month maintenance period. 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.
Maintenance of these areas shall include maintenance of plant materials, DG areas, Bocci
Courts and irrigation system. Maintenance of plant materials shall include, but is not
limited to, trimming, pruning, fertilization, weed control, cultivation, pest control, tree
surgery, plant replacement and clean-up of drainage system. It is the intent of these
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
specifications to provide plant material maintenance methods to keep the site in a state of
growth and repair. 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. Once the unacceptable material has been repaired or replaced, that new material
will have a new 90-day maintenance period from the date it was repaired or replaced.
3. Execution Groundcover Areas
Fertilization: Apply fertilizer as necessary to promote proper growth of plant material.
Shrub and groundcover areas shall be raked weekly, and 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 and normal spray pattern. Groundcovers and vines shall be trimmed
back from shrubs, trees and private property fences, as necessary. Trim and edge to
maintain sidewalks and curbs free of plant growth.
4. Disease, Harmful Insect and Rodent Control
Maintain areas free of pests and diseases including rodents, snails, insects, etc.
5. Weed Control
The Contractor shall maintain the landscape area free of weed and other undesirable
plants. Remove weeds by chemical or mechanical means on a weekly schedule. Weed
infestations of the shrub and groundcover areas, if severe, may be controlled by a
commercial herbicide by obtaining written permission from the Engineer. Such permission
shall depend on the Contractor submitting to the Engineer 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.
Bermuda grass infestations should be sprayed out and "weedeaten".
6. Watering
A regular deep watering program shall be implemented to give the best results. The
established groundcover shall not be kept wet but should dry out somewhat between
waterings.
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
7. Tree and Shrub Maintenance
Trees and Shrubs shall be pruned, as required, 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.
All pruning cuts shall be made to lateral branches, buds or flush with the trunk. "Stubbing"
will not be permitted.
Apply all insecticides or fungicides to control pests.
Annual pruning of Palm Trees to be conducted as directed. Palm Tree skirts are to remain
in place. Palm Tree Pruning is to consist of removal of seed pods.
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 Engineer. 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 groundcover 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.
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
11. 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 Monday, Wednesday and Friday each week. 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.
12. 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.
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). 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 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.
Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
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.
The entire irrigation system shall be checked weekly to ensure that the drip emitters,
valves, and controllers are fully operational.
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.
The Contractor shall inspect and examine the sprinkler system while water is on weekly.
Any part of the system not functioning normally shall immediately be cleaned, adjusted,
repaired or replaced. The Contractor shall be responsible for adjusting height of sprinkler
risers necessary to compensate for plant material growth. Automatic controllers will be
kept locked at all times.
Schedule of Fees
Landscape maintenance to be performed in accordance with the above Scope of
Services:
Landscape Maintenance 9 Months @ $1,870/Month $16,830.00
- End of Section -
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Sierra Landscape Inc. - Gateway 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)
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Sierra Landscape Inc. - Gateway 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.
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.
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Sierra Landscape Inc. - Gateway 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 CitZ 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 specific 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" maybe
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.
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
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Sierra Landscape Inc. - Gateway 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
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NIO GRI 1GATt��R
LtA LITr9F ANY--KIND UP-0- .l-THE INJ��I-IRMD Imo.-Ar€N-TS QR
l7CPOCL`CHITATI\/CC
*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.
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:
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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement
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 Reauirements
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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Sierra Landscape Inc. - Gateway Landscape Maintenance Agreement