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HomeMy WebLinkAbout6/5/2013 - STAFF REPORTS - 2.R. ppLM Sp c V N a i C44 1FORN`P City Council Staff Report Date: June 5, 2013 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY: Consolidate City-wide landscaping maintenance services and award contract to Golden Valley Construction. RECOMMENDATION: 1) Approve Agreement No. in the amount of $1,171,577 with Golden Valley Construction Company, for the Parks and Parkways Landscape Maintenance Services; 2) Consider Bid Numbers 1,3 & 4 non-responsive for the reasons outlined on Page 2 of this staff report; 3) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In 2006, the Palm Springs City Council approved an agreement for Landscape Maintenance Services with Merchants Landscape Services, Inc. which expires on June 30, 2013. In previous years the City contracted Palm Tree Trimming services under a separate contract. Padilla Tree Services was the last contractor to perform this task. The City also has several other landscaping contracts for the Marilyn Monroe Plaza, Gene Autry Trail Park, Animal Shelter, and DeMuth Community Gardens. This contract agreement will combine these services into one contract. The work comprises of the labor, materials, supplies and equipment necessary for providing ground and landscape maintenance services, including but not limited to, 'TEM NO. 0- City Council Staff Report June 5, 2013-Page 2 Parks and Parkways Landscape Maintenance Services(Invitation For Bids 13-20) maintenance of turf, ground cover, shrubs and trees; renovation of turf and ground cover areas; pruning of trees and shrubs; providing weed, disease and pest control; operation, repair and maintenance of the irrigation system, if applicable and palm tree trimming at various locations. The specific tasks and frequencies per site are identified in the scope of services which was prepared by the Public Works & Engineering Department. On April 20, 2013, and April 27, 2013, the project was advertised for bids. On May 21, 2013, the Procurement and Contracting Division received construction bids from the following contractors: 1. Mariposa Landscape, Inc., Irwindale, CA $ 102,476.00 Non-responsive 2. Golden Valley Construction, Indio, CA $1,171,577.00 3. Excel Landscape, Inc., Corona, CA $1,263,646.00 Non-responsive " 4. PWLC, Long Beach, CA $1,281,679.00 Non-responsive *** 5. Merchants Landscape Services, Inc., Santa Ana, CA $1,434,634.17 * On this bid from Mariposa Landscape, Inc., the cost for "Schedule of Compensation B" was listed as "Total of Compensation A and B". As a result of this mistake the bid is $1,412,416.00 lower than should be. ** The bid from Excel Landscape, Inc. does not have the required costs for each of the 76 tasks at the work locations. The Contractor listed only four subtotal amounts for Bid Schedule A. *'* PWLC did not acknowledge Addendum No.1 as required, and the subcontractor listed Gus Diaz for Palm Tree Pruning who has an expired license. Staff recommends the bids from Mariposa Landscape, Excel Landscape, and PWLC to be considered non-responsive. The lowest, responsive bidder is Golden Valley Construction, from Indio, California, whose principal officer is Michael Emerson, President. FISCAL IMPACT: The City has several landscaping contracts which includes Merchants Landscape Services (Parks, Parkways & Assessment Districts), Padilla Tree Services (Palm Tree Trimming), Mike Honz Enterprises (Marilyn Monroe Plaza), Conserve Landcare, Inc. (Gene Autry Park), and Leon's Landscaping and Tree Service, Inc (Animal Shelter & Demuth Community Garden), with combined contract costs of$1,423,000. This new contract will combine all these services into one contract with Golden Valley Construction, saving the City over $250,000 in annual landscaping costs. 02 City Council Staff Report June 5, 2013 - Page 3 Parks and Parkways Landscape Maintenance Services (Invitation For Bids 13-20) Funding is available in the following account numbers: 001-2451-43240 Parks, Parkways Facilities 001-4471-43200 Train Station 001-2451-43500 Desert Dorado 001-2451-43520 Rancho Park 141-4310-43530 -> 43595 Landscape Districts 260-1396-42301 Marilyn Park 112-2116-43240 Visitors Center 001-2451-43065 Palm Tree Trimming SUBMITTED: Prepared by: Recommended by: Savat Khamphou David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: David H. Ready, City Manager Attachment: Agreement 03 EXHIBIT "A" SCOPE OF SERVICES PARKS AND PARKWAYS LANDSCAPE MAINTENANCE GENERAL: The work comprises of providing the labor, materials, supplies and equipment necessary for providing ground and landscape maintenance services, including but not limited to, maintenance of turf, ground cover, shrubs and trees; renovation of turf and ground cover areas; pruning of trees and shrubs; providing weed, disease and pest control; operation, repair and maintenance of the irrigation system, if applicable. It is understood that this scope of services is intended to cover general landscape maintenance as necessary, including items which may be considered routine but are not specifically listed. The specific tasks and frequencies per site are identified herein. Staffing requirements: A. During the course of this Contract, Contractor shall provide the following minimum crew assignments and full-time staffing levels on-site at all times: 1. One (1)full-time superintendent; 2. One (1)full-time foreman; 3. Two (2)full-time lead workers; and 4. Two (2)full-time irrigation technicians. Contractor shall also provide additional manpower as needed to adequately perform all tasks as specified in the Contract. All of these people shall work Monday through Friday and be assigned to the various parks in the city. Additionally, workers shall be assigned to work a full eight (8) - hour shift on Saturdays, Sundays and holidays to provide the City with seven (7) -day-per-week coverage, as required on each Task List. B. The superintendent, lead worker and irrigation technician shall each have a cell telephone in their vehicles and be available for telephone contact at all times during normal working hours to respond to calls and settle problems that may occur throughout the work day. C. Unless otherwise directed, the basic daily hours of maintenance service shall be as follows: For the months of November through April 7:00 a.m. to 3:30 p.m. For the months of May through October 6:00 a.m. to 2:30 p.m. D. Park mowing shall be done with a separate mowing crew. Contractor shall use a minimum of one (1) seven-gang reel-type mower (or approved equivalent) in conjunction with one (1) 72" rear-discharge rotary mower to complete all of the mowing of City Parks and Parkways. All mowing shall be completed during normal Exhibit"A",Page 1131 04 work hours, Monday through Friday of each week, unless otherwise approved by the Contract Administrator. E. One (1) full-time employee, or the equivalent of eight (8) hours per day, shall be allocated seven (7) days per week for both Sunrise Plaza and DeMuth Park. All other parks shall be maintained on a crew basis where the crews report in the morning, pick up trash and inspect the parks. All other landscape tasks, such as horticultural, irrigation and support services, shall be accomplished throughout the day and work week, as specified in the Contract. Support Services: To accomplish support service tasks, which are not performed on a routine basis, and to provide for a better distribution of manpower, Contractor shall bring in additional labor and equipment for support services, which are tasks designated as Frequency "E" through "J". These tasks shall be included in the lump sum bid for each facility or location. See Exhibit "B" for frequency of task descriptions. These services are technical in nature and the kind of equipment required is not the normal equipment for onsite landscape laborers to use. DETAILED SPECIFICATIONS: 1. SCOPE OF SERVICES 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner, using quality equipment and materials. 1.02 Contractor shall provide the labor, materials, supplies and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained with nothing but the highest of standards at no less than the frequencies set forth herein. 1.03 Contractor shall be required to render and provide landscape and grounds maintenance services, including, but not limited to, maintenance of turf, ground cover, shrubs and trees; renovation of turf and ground cover areas; pruning of trees and shrubs; weed, disease, and pest control; operation, repair and maintenance of the irrigation system, including sprinklers, emitters, controllers, valves and valve boxes, where applicable; and maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by City as set forth herein or revised by City. The specific frequencies per site are identified herein in Exhibit B. 1.04 Contractor shall not work or perform any operations, particularly during periods of inclement weather that may destroy or damage ground cover, athletic or turf areas, unless directed to do so by the Contract Administrator. 1.05 Contractor recognizes that during the course of the Contract, other activities and operations may be conducted by City work forces and other contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, and construction and/or storm-related operations. Contractor may be required to modify or curtail certain Exhibit"A", Page 2131 - 05 tasks and operations and shall promptly comply with any request thereof by the Contract Administrator. 1.06 Contractor shall, during the term of the Contract, respond to all emergencies within two (2) hours of notification. Additionally, Contractor must maintain a twenty-four(24) -hour on-call service for emergency response notification. 1.07 Contractor shall perform a weekly maintenance inspection during daylight hours of all areas identified in the Contract. Such inspection shall be both visual and operational. It shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. Contractor shall take immediate steps to correct any observed irregularities and submit a written inspection report regarding such circumstance to the Contract Administrator. 1.08 Contractor shall be required to clearly identify and equip each vehicle used at said facilities with decals on the exterior right and left front door panels, identifying the Contractor's name, address, the twenty-four (24) -hour on-call service telephone number, and that it is the Contractor for the City. 2. FACILITIES TO BE MAINTAINED 2.01 The parks, parkways, and locations of the facilities to be maintained under the provisions of the Contract are listed and identified in Exhibit "B". 2.02 Contractor shall be responsible for conducting a personal inspection of the facilities and surrounding areas identified in Paragraph 2.01 above. Contractor shall evaluate the extent to which the physical condition thereof will affect the services to be provided. Contractor shall accept the premises in their present physical condition and agree to make no demands upon City for any improvements or alterations thereof. 3. LICENSES/ INSURANCE/ PAYROLL/ REPORTS / BACKGROUND CHECKS 3.01 Licenses, Insurance and Payroll Requirements A. Contractor's License: In accordance with the provisions of California Public Contract Code Section 3300, City has determined that Contractor shall possess a valid Class C-27 Contractor's License at the time that the Contract is awarded. Failure to possess the specified license shall render the bid as non-responsive and act as a bar to award the Contract to any bidder not possessing said license at the time of award. Contractor must possess a Pest Control Business License from the County of Riverside, State of California. In addition, Contractor must possess a Qualified Applicator License and all pest control applicators must possess a Qualified Applicator Certificate. B. Contractor shall have a certified arborist on staff. C. Insurance and Indemnification Requirements: See sections 5.1 and 5.2 of Contract Services Agreement. D. Reporting Requirement: Contractor shall make available all certified payroll Exhibit"A", Page 3/31 1 06 and Worker's Compensation records to the Contract Administrator on a monthly basis. These records must accompany the billing invoices and be submitted concurrently with the invoices. Payment of invoices shall be withheld until such reports are received and found acceptable by the Contract Administrator. E. Number of hours worked and employees used for each task. 3.02 Maintenance Function Report Contractor shall maintain and keep current a daily report that records all ongoing, seasonal and additional work and maintenance functions performed by Contractor's personnel. Said report shall be in a form and content acceptable to the Contract Administrator and submitted to the Contract Administrator concurrent with the monthly invoicing. The monthly payment shall not be made until such report is received and deemed acceptable by the Contract Administrator. Submit the Monthly Statement of Work Performed form, found in Exhibit "D" of this document, with each invoice. 3.03 Certification of Support Service—Type Maintenance When applicable, Contractor shall include those support service-type maintenance items completed with the monthly invoices. The information provided shall include, but not be limited to: A. Quantity and complete description of all commercial and organic fertilizers and chemicals used; B. Quantity and label description of all grass seed used; C. Quantity and complete description of all soil amendments used; D. A valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed; and E. Number of hours worked and employees used for each task. The monthly payment shall not be made until such documentation is received and deemed acceptable by the Contract Administrator. 3.04 All Contractor employees shall be subjected to a background check, at the expense of the City, prior to any employee being allowed to begin work or the commencement of work under this Contract. The City shall require a list of all employees assigned to this Contract and their social security numbers. Any employee shown to have a felony conviction or whom the City finds to be unacceptable shall not be allowed to work under this Contract. 4. ADDITIONAL SERVICES Exhibit"A", Page 4131 - 07 4.01 The Contract Administrator may, at their discretion, authorize Contractor to perform additional work, including, but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents, such as vandalism, acts of God and third-party negligence. Compensation for improvements to add new, modify existing or refurbish existing landscaping and irrigation systems shall be based upon the cost of time, based upon Specialty Time hourly rate per contract, and the cost of materials. If the Contract Administrator determines that the labor for work resulting from vandalism, acts of God or third-party negligence can be performed by Contractor's present work force, Contract Administrator may modify Contractor's ongoing maintenance schedule to compensate Contractor for performing such additional work. 4.02 Prior to performing any additional work, Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Contract Administrator. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Contract Administrator may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, Contractor shall submit a written estimate to the Contract Administrator for approval. 4.03 All additional work as provided for shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S DAMAGES 5.01 All damages incurred to existing facilities by the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits: A. Irrigation component damage shall be repaired or replaced within one (1) watering cycle, but in no case shall this exceed twenty-four(24) hours. B. All damages to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. C. Contractor will pay for all plant loss due to irrigation damage or malfunction. 5.03 All repairs or replacements shall be completed in accordance with the following maintenance practices: A. Trees: Minor damage, such as bark lost from impact of mowing equipment, shall be remedied by a qualified tree surgeon or arborist. If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the Contract Administrator. Contractor shall pay for trees lost due to contractor damage. B. Shrubs: Minor damage may be corrected by appropriate pruning. Major Exhibit"A",Page 5/31 03 damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in "Pruning and Hedge Trimming - Operation" of the Ongoing Maintenance Specifications. C. Chemicals: All damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to ensure its ability to support plant life. D. Irrigation: All damages shall be repaired within twenty-four (24) hours of notification. All replacement components shall be of equal or greater quality than those removed and must be approved by the Contract Administrator as to brand and model proposed. E. Markings for Effluent. Recycled and Reclaimed Water: As related to any area where effluent, recycled or reclaimed irrigation is in use, all repairs to irrigation system shall be made by using appropriate color-coded parts as directed by the Contract Administrator. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise, the Contract Administrator shall interpret the Contract. If Contractor disagrees with the Contract Administrator, Contractor shall continue with the work in accordance with the Contract Administrator's interpretation. Within thirty (30) days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall outline, in detail, the area of dispute. 6.02 The Disputes Review Panel shall be appointed by the Procurement & Contracting Manager of the City and composed of not less than three (3) City personnel having experience in the administration of grounds maintenance contracts. The panel shall convene within one (1)week of appointment to hear all matters related to the dispute. The hearing shall be informal and formal rules of evidence shall not apply. The panel shall submit its recommendations to the Procurement & Contracting Manager for his/her consideration within one (1) week following the conclusion of the hearing. The Procurement & Contracting Manager shall render an interpretation based upon his/her review of the panel's recommendations. The Procurement & Contracting Manager's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 Contractor shall maintain an office and equipment yard at some fixed place located in the Coachella Valley and a telephone at this location, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the term of this Contract, have some responsible persons employed by the Contractor twenty-four (24) hours per day to take the necessary action regarding all inquiries and complaints that may be received from the City, City personnel or patrons using the facilities. An answering service shall be considered an acceptable substitute to full-time, twenty-four (24) -hour coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. During Exhibit"A", Page 6131 - 09 normal working hours, the Contractor's foreman or employee of the Contractor who is responsible for providing maintenance services shall be available for notification through radio communication. 7.02 During the normal days and hours of operation, whenever immediate action is required to prevent an impending injury, death, or property damage to the facilities being maintained, City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City work force or other contractor and shall charge the cost thereof, as determined by the Contract Administrator, against the Contractor and deduct such cost from an amount due Contractor from the City. 7.03 Contractor shall maintain a written log of all complaints, the date and time received, and the action taken pursuant thereto or the reason for no action. The log of complaints shall be open to the inspection of the Contract Administrator at all reasonable times and maintained for the term of this Contract. 7.04 All complaints shall be abated as soon as possible after receipt, but in all cases within twenty-four(24) hours to the satisfaction of the City. If any complaint is not abated within twenty-four (24) hours, the Contract Administrator shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Contract Administrator within five (5) calendar days. If the complaint is not abated within the time specified or to the satisfaction of the City, the Contract Administrator may correct the specific complaint and the total cost incurred by the City shall be deducted and forfeited from the payments owed to the Contractor from the City. 7.05 Contractor and Contractor's personnel shall immediately notify the Contract Administrator upon contact with any city official other than the contract administrator. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and to accept the sole responsibility for complying with all local, county, state or other legal requirements, including, but not limited to, full compliance with the terms of the applicable OSHA and CAL-OSHA Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property. Contractor shall inspect all potential hazards at said facilities and keep a log indicating dates of inspection and action taken. All inspection logs are to be turned in weekly to the City. 8.02 It shall be Contractor's responsibility to inspect and identify any condition that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The Contract Administrator shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections, including, but not limited to, filling holes in turf areas and paving, low lying areas (such as traffic wear patterns in baseball and soccer fields), using barricades or traffic cones to alert patrons of the Exhibit"A", Page 7/31 10 existence of hazards, replacing valve box covers, and securing play apparatus so as to protect members of the public or others from injury. During normal contract hours, Contractor shall obtain emergency medical care for any member of the public who is in need thereof because of illness or injury occurring on the premises. Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Contract Administrator within five (5) calendar days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICES 9.01 The basic daily hours of maintenance service shall be as follows: A. For the months of November through April: 7:00 a.m. to 3:30 p.m. B. For the months of May through October: 6:00 a.m. to 2:30 p.m. 9.02 Contractor shall provide staffing to perform the required maintenance services during the prescribed hours seven (7) days per week, Sunday through Saturday. There shall be no suspension of or release from scheduled maintenance operations as a result of any City, county, state or federally-recognized holiday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Contract Administrator. 9.03 Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. 9.04 Pursuant to State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment: Eight (8) hours of labor under the Contract shall constitute a legal day's work and Contractor shall not require or permit any employee of said Contractor or any subcontractor employed by Contractor to perform any of the work described herein, to labor more than eight (8) hours during any one (1) day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-Five Dollars ($25) for each employee employed in the execution of said Contract by him, or any subcontractor under him, upon any of the work included in said Contract for each calendar day during which such employee is required or permitted to labor more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week, in violation of the provisions of Sections 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCHEDULES 10.01 Contractor shall submit work schedules for all locations and indicate assigned personnel and designated completion times and dates the first (1st) day of each month. Additionally, Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Contract Administrator for his/her review and, if appropriate, his/her approval within five (5)working days prior to scheduled time for the work. 10.02 The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the Contract Exhibit"A", Page 8/31 _ _ 11 Administrator for support services - type maintenance as set forth in Paragraph 10.03. 10.03 Contractor shall notify the Contract Administrator, in writing, at least two (2) weeks prior to the date and time of the following support service-type maintenance operations. These support service-type operations are defined as, but not limited to: • Fertilization; • Turf renovation/reseeding; • Micro-nutrients/soil amendments; • Spraying of trees, shrubs or turf; • Aesthetic tree pruning/hedging; • Tree pruning and palm trimming; • Annual planting; and • Other items as determined by the Contract Administrator. 11. CONTRACTOR'S STAFF 11.01 Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, must include at least one (1) individual who speaks, reads and writes the English language proficiently for each assignment. 11.02 Contract Administrator may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of the public patronizing the premises. Contractor shall meet with the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. 11.03 The City requires Contractor to establish an identification system for all personnel assigned to any facility or crew that clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services, that Contractor is the City's Contractor for such services, and the employees' names. The identification system shall be furnished at the Contractor's expense and must include appropriate attire and/or name badges as specified by the City. 11.04 Contractor shall require each of its employees to adhere to basic public works standards of working attire. These are basically uniforms, proper shoes and other gear required by state safety regulations and proper wearing of the clothing. Exhibit"A", Page 9/31 - 12 Shirts shall be worn at all times, buttoned and tucked into trousers. 12. TRAFFIC CONTROL/ SIGNS / IMPROVEMENTS 12.01 While working within the public right-of-way, Contractor, at its own expense, shall maintain strict traffic control, signs, lighting and barricading standards as required by the California MUTCD 2012 Edition Part 6 or latest edition. As a minimum requirement, all maintenance and construction signs, lighting and barricading shall be in accordance with the California MUTCD 2012 Edition Part 6 Temporary Traffic Control in force at the time of execution and during the term of this Contract. CalTrans permits, when necessary, shall be obtained and paid for by the contractor. 12.02 Contractor shall not post signs or advertising matter upon the premises or improvements thereon unless prior approval is obtained from the Contract Administrator. 12.03 Within 60 days of contract implementation a minimum of one individual member of the crew on duty must possess a current certificate of training in Work Zone Traffic Control. The certificate must be issued by the International Municipal Signal Association, the University of California Institute of Transportation Studies, or an equivalent training program approved by the City. The contractor will be responsible for any cost associated with Traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program must be held at a minimum. 13. UTILITIES 13.01 City shall pay for all water and electricity. However, water usage shall not exceed the amount required to comply with irrigation schedules established by the Contractor and approved by the City. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation if irrigation maintenance is included in contract pricing. The excess cost shall be determined by comparing current usage with historical usage, per unit of measure per surface acre, for the same time period. The excess cost factor, to be deducted from payments to Contractor from City, shall be presented to Contractor by the Contract Administrator prior to actual deduction to allow for explanations. Water usage: the City shall use as a base line the following amounts of water stated in units equal to one hundred (100) cubic feet (748 gallons of water): Parks: 350,000 units/year Parkways: 300,000 units/year 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES Exhibit"A", Page 10/31 13 15.01 Contractor is prohibited from use of City facilities for the conduct of any of its business interests that are outside the scope of the Contract. Contractor shall not store any equipment and materials required for maintenance of the premises in said facilities. Contractor shall not dispose of hazardous materials on the premises. All such hazardous materials collected on the premises shall be properly stored on a temporary basis, thereafter to be disposed of by Contractor at an approved disposal site. Damage or loss to Contractor's equipment, materials and/or personal property shall be at Contractor's sole risk and expense. 16. USE OF CHEMICALS 16.01 All work involving the use of chemicals shall be in compliance with all federal, state and local laws and shall be accomplished by or under the direction of a State of California Licensed Pest Control Operator. 16.02 A listing of proposed chemicals to be used, including commercial name, application rates and methods, and type of usage, shall be submitted to the Contract Administrator for approval at the commencement of the Contract and annually thereafter. No work shall begin until written approval of use is obtained from the Contract Administrator prior to each application. 16.03 Chemicals shall only be applied by those persons possessing a valid California Pest Control Applicator's license. Application shall be in strict accordance with all governing regulations. 16.04 Records of all operations stating dates, times, methods of application, chemical formulations, applicators' names, and weather conditions shall be made and retained in an active file for a minimum of three (3) years. 16.05 All chemicals requiring a special permit for use must be registered with the county agricultural commissioner's office and a permit obtained, with a copy to the Contract Administrator. 16.06 All regulations and safety precautions listed in the "Pesticide Information and Safety Manual"published by the University of California shall be adhered to. 16.07 Chemicals shall be applied when air currents are still, preventing drifting onto adjacent property and any toxic exposure to persons whether or not they are in or near the area of application. MAINTENANCE TASKS DESCRIPTIONS 17. MOWING —OPERATION (Frequency"D" of Exhibit B) 17.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. Excessive clippings must be swept up or vacuumed immediately following mowing. 17.02 Turf shall be mowed with a reel-type mower equipped with rollers, a rotary- type mower, or a flail mower, as approved by the Contract Administrator for each site. Exhibit"A", Page 11/31 - 14 17.03 All equipment shall be adjusted to the proper cutting heights as instructed and properly maintained and adequately sharpened. 17.04 Mowing height for regular Bermuda grass and ryegrass shall be no less than three-fourths inch (3/4"). Mowing height may be set as high as one and one-half inch (1-1/2"), with one inch (1") being considered normal. Mowing height for hybrid Bermuda grass shall be no less than one-half inch (1/2"). Mowing height may be set as high as three-fourths inch (3/4"), with five-eighths inch (5/8") being considered the normal for hybrid Bermuda grass. Mowing heights may vary for special events and conditions. 17.05 Mowing operation shall be scheduled Monday through Friday. 17.06 All walkways and hard-surface areas shall be cleaned immediately following each mowing. 18. MECHANICAL EDGING — OPERATION (Frequency"D" of Exhibit B) 18.01 All turf edges, including designed edges in flower beds, shall be kept neatly edged and all grass invasions must be eliminated. 18.02 All turf edges, including, but not limited to, sidewalks, patios, drives, curbs, shrub beds, flowerbeds, ground cover beds, around tree bases, and play areas, shall be edged to a neat and uniform line. 18.03 Mechanical edging of turf shall be completed as one operation in a manner that results in a well-defined, V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade. 18.04 All turf edges shall be trimmed or limited around sprinklers to provide optimum water coverage, valve boxes, meter boxes, back flow devices, park equipment and other obstacles. 18.05 All ground cover and flowerbed areas where maintained next to turf areas shall be kept neatly edged and all grass invasions eliminated. 18.06 Walkways shall be cleaned immediately following each mechanical edging. 18.07 Edging shall be done weekly during the mowing operation. 19. CHEMICAL EDGING / DETAILING / WEED CONTROL — OPERATION (Frequency "D" of Exhibit B) 19.01 Chemical application may be used in and around certain sites, such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc., as approved by the Contract Administrator. Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift to four inches (4"). Precautionary measures shall be employed since all areas will be open for public access during application. 19.02 Spot treat with a portable sprayer or wick wand using a herbicide approved by the Contract Administrator and applied in accordance with the manufacturer's recommendations. Water shall not be applied to treated areas for the length of Exhibit"A", Page 12/31 - 15 time specified by the product manufacturer. 19.03 Where trees and shrubs occur in turf areas, all grass growth may be limited to at least eighteen inches (18")from the trunks of trees and away from the drip line of shrubs by use of approved chemicals upon approval to do so by the Contract Administrator. 19.04 Linear chemical edging of turf boundaries may be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. A four-inch (4") barrier width shall be considered normal. 19.05 Detailing of sprinkler heads to provide maximum water coverage, valve boxes, meter boxes, and similar obstacles in turf areas may be performed in a manner that ensures operability, ease of location and/or a clean appearance. A four-inch (4"-) clearance shall be considered normal. 19.06 All grasslike-type weeds, morning glory or vine-weed types, ragweed or other underground spreading weeds shall be kept until strict control. 19.07 All weeds and grass shall be removed from the following areas: roadways, driveways, parking lots, patios, drainage areas, slopes, hillsides, and expansion joints in all hard-surface areas. 19.08 All weeds shall be mechanically removed from shrub beds, planters and other cultivated areas. 19.09 Weeds treated with a contact weed chemical shall be left in place for a minimum of seven (7) days. If kill is not complete, additional applications shall be made, at no additional cost to the City, until target species are eliminated. All turf and landscape areas are to be treated annually with a systemic pre-emergent granular weed control agent for the control of both broadleaf and grassy weeds. This application shall be included in the base price for the Contract. The material to be used and the application method proposed shall be approved by the Contract Administrator prior to application. 19.10 Weeds treated using a systemic chemical shall be left in place in accordance with the manufacturer's recommendation. The initial application of pre-emergent herbicides typically occurs in the early spring months from February to April each year. If kill is not complete by the time specified in the manufacturer's recommendation, a second application, at no additional cost to the City, shall be made at the request of the Contract Administrator. 19.11 After complete kill, all dead weeds shall be removed from the area. 20. LITTER CONTROL— OPERATION (Frequency "A" of Exhibit B) 20.01 Complete policing and litter pickup to remove paper, glass, trash, undesirable materials, siltation and other accumulated debris within the hard surfaces, stadium and landscaped areas to be maintained, including, but not limited to, walkways, roadways, between and around planted areas, steps, planters, drains, areas on slopes from the toe of slope to ten feet (10') up the slope, catch basins, play equipment and sand areas, shall be done daily. Exhibit"A", Page 13/31 - 16 20.02 Complete policing, litter pickup and supplemental hand sweeping of parking lot corners and other parking lot areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. This shall include trash dumpster enclosures where noted. 20.03 Litter pickup shall be completed as early in the day as possible, but in no case later than 10:00 a.m. at all locations. In certain conditions, such as special events or holiday weekends, the Contractor may be required to provide additional trash pickups. 20.04 All trash on turf areas shall be picked up prior to beginning the mowing operation. 21. TRASH CONTAINERS—OPERATION (Frequency "A" of Exhibit B) 21.01 All outdoor and building exterior trash containers shall be emptied daily prior to 10:00 a.m. All disposable materials shall be placed in appropriate trash bins. All trash shall be disposed of in a city approved facility. 21.02 Receptacles shall be conveniently located for public use and returned daily to such locations if receptacles are displaced by third parties. 21.03 As directed by the Contract Administrator, containers or related appurtenances shall be cleaned and painted to avoid concentrations of insects, eliminate graffiti, and not detract from the overall appearance of the area. 21.04 Containers shall be painted to match the original color of the container and stenciled as needed. 21.05 Park containers shall be fifty-five (55) gallon drums unless otherwise provided by the City. 21.06 Each trash container shall have a plastic liner at all times to contain trash. 21.07 All dog waste stations shall be emptied and bags re-stocked daily. 22. TRASH BIN REMOVAL—OPERATION (Frequency"B" of Exhibit B) 22.01 All trash and accumulated debris shall be placed in appropriate designated trash bins each day. 22.02 A designated storage area shall be provided for the trash bins. 22.03 When used, trash trucks shall not be permitted on turf areas. 23. RAKING—OPERATION (Exhibit "B" of Exhibit B) 23.01 Accumulation of leaves, tree limbs and debris shall be removed from all landscaped areas, including beds, planters and turf areas under trees, and placed in appropriate trash bins. Tree limbs shall be disposed of daily or within twenty-four(24) hours of notification. Exhibit"A", Page 14/31 - 17 24. PRUNING AND HEDGE TRIMMING — OPERATION (Frequency "G" of Exhibit B) 24.01 Pruning: Unless otherwise directed on a location-specific basis, selective pruning methods for all trees, shrubs and plant material are to be used to maintain plant materials in a natural appearing condition. Removal of dead, diseased, broken and/or crossing plant branches is required, along with removal of the oldest plant stems at the base to create a natural plant appearance. Topping, side cutting, or balling of plant material is not allowed unless specifically instructed to do so by the Contract Administrator. All plant material is to be trimmed and thinned to present the plants in a natural appearing state that simulates the specific growth habits of the species. Note: Tree pruning under this paragraph is "minor" and not trimming as defined in Section 31. 24.02 Clearance: Trees shall be maintained to achieve a ten-foot (10') clearance for all branches within the park area and fourteen-foot (14') clearance for branches overhanging beyond curb line into the paved section of roadways. All plant materials shall be pruned where necessary to maintain access and safe vehicular and pedestrian visibility and clearance and prevent or eliminate hazardous situations. 24.03 Designated formal plant materials shall be trimmed to maintain formal hedges and shapes. When trimming hedges near buildings, electric trimming shears must be used to avoid excessive noise. 24.04 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 24.05 All new growth on trees shall be removed up to the appropriate height clearances. 24.06 All dead shrubs and trees shall be removed. Trees to be removed shall have a caliper of three inches (3") or less, measured six inches (6") above the ground level. If removal is necessary due to Contractor's neglect to maintenance operations, all materials shall be replaced at no cost to City upon notification to Contractor. 24.07 Staking and Tying: A. Replace missing or damaged stakes where the tree diameter is less than three inches (3"). B. Stake in those cases where tree has been damaged and requires staking for support. C. Stake new trees or recently-planted trees that have not previously been staked. D. Materials: Exhibit"A",Page 15/31 18 1. Tree stakes, two (2) per tree, shall be pentachlorophenol-treated lodge pole pine not less than eight feet (8') in length for five (5) - gallon-size trees and not less than ten feet (10') for fifteen (15) - gallon-size trees. 2. Guy wires where required shall be of the "duckbill" design or equal, using two (2)ties per tree. 3. Plant ties shall consist of the "twist brace" design or equal, steel-tie nailed securely between two (2)tree stakes. 4. Stakes shall not be placed closer than eight inches (8")from the bark. 24.08 Ground Cover: All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. All ground cover areas shall be pruned to maintain a neat edge along planter box walls. Any runners that start to climb buildings, shrubs or trees shall be pruned out of these areas. 24.09 Damaged trees shall be staked and tied within twenty-four (24) hours. Replacement stakes or new staking shall be completed within five (5) days. 25. SWEEPING /WASHING—OPERATION (Frequency"A" and "B" of Exhibit B) 25.01 Concrete areas shall be checked for cracks, crevices and deterioration and the Contract Administrator shall be notified, in writing, within twenty-four (24) hours of any deficiencies. 25.02 Walkways, steps, hard court areas and patios shall be cleaned daily, including, but not limited to, the removal of all foreign objects, such as gum, grease, paint, broken glass, etc., from surfaces. 25.03 Methods for sweeping of designated areas shall incorporate one or all of the following: A. Power-pack blowers; B. Vacuums; C. Brooms; D. Push-power blowers. 25.04 In the event Contractor elects to use power equipment to complete such operations, Contractor shall be subject to local ordinances regarding noise levels. Contractor shall not use any power equipment prior to 8:00 a.m., and any schedules of such operations may be modified by the Contract Administrator to ensure that the public is not unduly impacted by the noise created by such equipment. (Frequency"A" of Exhibit B) 25.05 Supplemental hand sweeping of parking lot corners and other parking lot areas shall be required in those areas inaccessible to power equipment. Exhibit"A", Page 16/31 19 25.06 When washing down hard-surface areas, all areas shall be squeegeed dry immediately following washing operations. This operation shall be completed in all designated areas prior to 8:00 a.m. (Frequency "A" of Exhibit B) 26. GRAFFITI ERADICATION AND CONTROL—OPERATION (Frequency Varies). 26.01 Graffiti eradication and control shall include all surfaces within each designated maintenance area and may include, but not be limited to, the following areas: A. Park offices, meeting/storage rooms, swimming pool buildings, all exterior wall surfaces; B. Park and parkway signs, park fountains, and lighting standards; C. Wooden bridges, play structures, and exercise equipment; D. Picnic pavilions, patios, tables and slabs; E. Restrooms and comfort stations, all interior and exterior wall surfaces; F. City Corporate Yard and buildings; G. Concrete and block walls; H. Concrete walks throughout the parks and parkways; I. Curbs in parking lots and on streets and drives; J. Trash barrels and receptacles; K. Controllers, benches and furniture, planters, trees, and seating areas; and L. Other surfaces within a park, parkway, or City facility. 26.02 All materials and processes used in graffiti eradication shall be not injure surfaces or adjacent park property and be approved by CAL-OSHA. 26.03 Appropriate surface preparation shall be made on painted walls and paint applied shall be the exact shade of color as existing paint, unless otherwise specifically approved by the Contract Administrator. 26.04 Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted unless instructed to do so. Contractor shall use materials and methods of application as provided and approved by the Contract Administrator. 26.05 Contractor shall not be required to sandblast walls or walkways but may be required to pressure wash surfaces. 26.06 Contractor shall immediately remove all graffiti at all times during the days and hours of operation when observed or within 24 hours when notified by the Exhibit"A",Page 17/31 - 20 Contract Administrator. 27. AERIFICATION — OPERATION (Frequency"I" of Exhibit B) 27.01 All turf areas shall be aerated by using a device that removes cores to a depth of two inches (2") at not more than six inches (6") spacing. 27.02 All turf areas shall be aerified twice annually during the growing season from April to August. 28. WATERING AND IRRIGATION SYSTEM MAINTENANCE (Frequency "B" of Exhibit B, unless noted otherwise) 28.01 Since water requirements by plants vary according to the season and a particular year, extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun, wind, shade and location in the individual planters. The variation in size of plants installed, as well as the varieties, shall be taken into consideration. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth for operational mode. Contractor shall create an annual irrigation schedule, post within each controller and provide a copy to the Contract Administrator. 28.02 Adequate soil moisture shall be determined by programming the irrigation system as follows: A. Adjusting and setting the automatic controller to establish frequency and length of watering period. B. Consideration must be given to the soil conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during freezing weather to prevent icy conditions and manual operation of the irrigation system and/or hand watering with portable sprinklers during periods of windy or inclement weather. C. A soil probe shall be used to a depth of twelve inches (12") to determine the water penetration by random testing of the root zones. 28.03 Watering shall be regulated to avoid interference with any use of the facility's roadways, paving or walks. 28.04 In the areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or during early morning hours. 28.05 Irrigation system shall be controlled in such a way as to not cause any excessively wet or "waterlogged" areas that could interfere with the ability to mow all turf. "In lawn" trees and other planting shall be protected from over watering and runoff drowning. Exhibit"A", Page 18/31 21 28.06 New turf [up through the sixth (6th) mowing] shall be watered immediately after mowing. Well-established turf shall not be watered for at least four(4) hours after mowing. 28.07 All ground cover areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken to not over water in shady areas. 28.08 Contractor shall be responsible for the operation of the automatic controllers, valves and sprinkler heads in managing the overall irrigation water delivery system of the area. All irrigation systems shall be regularly inspected and tested in accordance with the specifications set forth herein. 28.09 Contractor shall ensure that all personnel working on the irrigation system are fully trained in all phases of landscape irrigation systems and can easily identify and isolate problems and perform the proper testing and inspection of the irrigation system and the maintenance of the sprinkler heads. This knowledge of landscape irrigation systems shall include, but not be limited to, the operation, maintenance, adjustment and repair of said systems and their components. 28.10 Contractor shall be responsible for total maintenance of the irrigation system by performing the following tasks: A. Setting, scheduling and monitoring all irrigation controllers. B. Inspecting and reporting of irrigation system status. C. Adjusting and cleaning of sprinkler heads. D. Repairing or replacing broken or damaged sprinkler heads with equal size and quality. E. Providing all P.V.C. schedule 80 nipples, caps, plugs, elbows, couplings, fittings, etc. F. Providing replacements of all risers and swing joints due to normal wear, vandalism and/or third-party negligence. G. Flushing irrigation pipelines, as needed. H. Replacing valve box covers due to normal wear, vandalism and/or third- party negligence with ones of equal size and quality. I. Replacing and/or relocating sprinkler heads. Contractor shall confer with the Contract Administrator regarding the need for replacement or relocation of sprinkler heads. City may require the Contractor, at no additional cost, to relocate the sprinkler heads to those areas within the facility identified by the Contract Administrator. J. Repairing and/or replacing the following items of the irrigation system with equal size and quality: quick couplers, automatic valves, gate valves, valves, automatic controllers, and back flow devices. Exhibit"A", Page 19131 22 K. Annual inspection of the back flow devices. (Frequency "J" of Exhibit B) 28.11 Complete piping replacement of the irrigation system shall not be required by the Contractor. Contractor shall be responsible for the repair or replacement of leaking main and lateral irrigation lines. 28.12 Replacement of irrigation components shall be completed within twenty-four (24) hours of determining damage or inoperable irrigation components or as otherwise specified. 28.13 Replacement for the irrigation system shall be with originally specified equipment of the same size and quality or substitutes approved by the Contract Administrator prior to any installation thereof. 28.14 The City has anticipated an estimated materials replacement cost of Twenty- Five Thousand Dollars ($25,000) per year for irrigation system components as part of this Contract. This amount is intended to cover all properties, cumulatively, as identified in Exhibit "B". This expense shall be calculated in the lump sum cost for all facilities combined. 28.15 Maintenance of the water and irrigation systems is one of the most important functions of this Contract. The City expects the Contractor to properly staff, inspect and maintain these systems to the highest possible standard. 29. IRRIGATION SYSTEM OPERABILITY AND TESTING — OPERATION (Frequency "D" of Exhibit B) 29.01 To ensure the operability of the irrigation system, Contractor shall sequence controllers to each station manually to check the function of all facets of the irrigation system and report any damage or incorrect operation to the Contract Administrator. This shall be done weekly in all areas and immediately following the mowing operation in all turf areas. 29.02 During testing, Contractor shall: A. Adjust all sprinkler heads for correct coverage to prevent excessive runoff and/or erosion and the spread of water onto roadways, sidewalks, hard surface areas, buildings and private property. B. Unplug clogged heads and flush lines to free lines of rocks, mud and debris. C. Replace or repair inoperable irrigation equipment. D. All system malfunctions, damage and obstructions shall be recorded, reported to the Contract Administrator and corrective action taken. 29.03 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 29.04 Malfunctioning sprinkler heads shall be repaired or replaced within one (1) watering cycle. Exhibit"A", Page 20131 23 29.05 Malfunctioning irrigation systems and equipment shall be corrected within two (2) hours of identification or following verbal notification. 29.06 The irrigation system shall be controlled during inclement weather conditions and the use of water limited concurrent with the weather situation to the satisfaction of the Contract Administrator. 29.07 The irrigation lines shall be flushed of grit and gravel by removing the last head on each lateral and operating the system until those materials are expelled. 29.08 A weekly report, indicating the time and date of each site inspection, shall be given to the City. This report shall be in a form acceptable to the Contract Administrator. 30. FERTILIZATION - OPERATION (Frequency"F" of Exhibit B) 30.01 All fertilizer/micronutrient shall be approved by the Contract Administrator prior to application. Note: Desert plant material shall not be fertilized. 30.02 Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after fertilization. 30.03 All turf areas shall receive fertilizer to the standard set forth in Parks Maintenance Standards established by the National Recreation and Parks Association. All fertilizer shall be inorganic, either granular or liquid in form, with an approximate ratio of 4-1-2. Fertilizer shall be applied at the rate of one (1) pound of actual nitrogen per thousand square feet of area. 30.04 Areas shall be fertilized using ratios and mixtures recommended by the Contract Administrator at the rate of application in accordance with the manufacturer's recommendation. 30.05 Application shall be accomplished by an appropriate broadcaster drop-style spreader at one-half (1/2) the recommended rate in two (2) perpendicular directions. 30.06 Contractor shall be required to supply the City with materials invoices for each application to ensure that adequate and required quantities of materials have been applied to all areas. 31. TREE TRIMMING — OPERATION (Frequency"J" of Exhibit B) 31.01 Tree pruning and trimming shall be performed, with the intent of developing structurally sound trees, symmetric appearance with the proper vertical and horizontal clearance, as follows: A. All trees shall be trimmed, shaped and thinned, and suckers removed to a height of twelve feet (12')from surface. B. All dead and damaged branches and limbs shall be removed at the point of Exhibit"A", Page 21131 11 - 24 breaking. C. All trees shall be trimmed to prevent encroachment on private property. All tree care and pruning operations shall be done in accordance with the guidelines as established by the International Society of Arboculture (ISA), National Arborists Association (NAA) or the American Society of Consulting Arborists (ASCA). All trimming and pruning operations shall be under the direct supervision of an ISA Certified Arborist and all pruning work shall be performed by ISA Certified Tree Workers. 31.02 Shrubs shall be pruned to encourage healthy growth habits and for shape to retain their natural form and proportionate size. Growth of shrubbery shall be restricted to area behind curbs and walkways and within planter beds by trimming. Hedge shears may be used as a means of pruning, if approved by the Contract Administrator. 31.03 Pruning Procedures: A. Rapid healing of pruning wounds is dependent upon where the cut is made when removing limbs. Never leave short stubs. Some trees produce a corky ring of growth where a limb originates. The pruning cut shall be made toward the outside portion of this "collar." If a tree does not produce this characteristic collar, then the cut shall be made flush to the limb where it is growing. B. All limbs one and one-half inch (1-1/2") or greater in diameter shall be undercut to prevent splitting. C. All limbs shall be lowered to the ground, using a method that prevents damage to the remaining limbs. D. All equipment used shall be clean, sharp and expressly designed for tree pruning. E. Climbing spurs shall not be used. 31.04 Pruning Criteria: A. The initial step of pruning shall be the removal of all dead wood, weak, diseased, insect-infested, and damaged limbs. B. All trees shall be pruned for vertical and horizontal clearance. Such clearances are: twelve feet (12') for pedestrian areas and walkways; fourteen feet(14')for vehicular roadways. C. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline. Limbs shall extend alternately from the trunk on twelve-inch (12"-)or twenty-four-inch (24%) spacing. D. All trees shall be thinned of smaller limbs to distribute the foliage evenly. E. All trees shall be trimmed and shaped to provide a symmetrical Exhibit"A", Page 22131 - 25 appearance typical of the species. F. All suckers and sprouts shall be cut flush with the trunk or limb. G. No stubs shall be permitted. 31.05 All structural weaknesses, such as split crotch or limbs and diseased or decayed limbs or severe damage, shall be reported to the Contract Administrator. 31.06 Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways. 31.07 All trimmings and debris shall be removed and disposed of offsite at the end of each day's work. 31.08 All trees that are downed by either natural or unnatural causes shall be removed and disposed of offsite within twenty-four (24) hours. Stumps shall be removed to twelve inches (12") below grade and wood chips removed and hole backfilled to grade. 31.09 The underlying canopy of all trees shall be maintained free or limbs and suckers to a height of twelve feet (12')above ground. 31.10 All olive trees shall be fully trimmed annually prior to the spraying operation identified in Paragraph 36.07. 31.11 All tree and shrub trimmings shall be disposed of at the City Corporate Yard. Contractor is required to utilize chipping equipment, if available, at the City Corporate Yard for processing of all tree limbs and debris. 32 CULTIVATING —OPERATION (Frequency"D" of Exhibit B) 32.01 Beds and planter areas shall be cultivated to ensure a neat appearance using appropriate equipment designed to loosen the soil to a depth of three inches (3"). Care shall be taken so as not to disturb plant materials or their roots in accomplishing this operation. 33. RENOVATION /VERTICAL MOWING — OPERATION (Frequency"J" of Exhibit B) 33.01 Care shall be taken to avoid unnecessary or excessive injury to the turf grass. 33.02 Dislodged thatch shall be swept or raked from the turf areas and placed in appropriate trash bins. 33.03 Standard renovating or vertical mowing-type equipment shall be used. 33.04 Vertical Mowing - Turf: Vertical mowing shall be done to remove thatch in turf areas to encourage healthy growth and maintain acceptable appearance. 33.05 Renovation -Turf: A. Renovation shall be done to the soil line and excessive thatch removed in Exhibit"A", Page 23131 26 turf area. B. After thatch is removed and upon completion of turf renovation, all turf areas shall be overseeded, mulched and watered. C. Areas to be overseeded shall be seeded using blends or mixtures at the rate of application recommended by the Contract Administrator. 34. TURF RENOVATION / RESEEDING — OPERATION (Frequency"J" of Exhibit "B") 34.01 All Parkways listed in this agreement (Exhibit "B") which contain lawn will be overseeded. Parks to be overseeded and their approximate square footage are: Baristo Park (general turf) 29,670 sq.ft. DeMuth Park (general turf) 1,132,560 sq.ft. DeMuth Park sports fields (sports turf) 696,960 sqft. Desert Highland Park(general turf) 370,376 sq.ft. Frances Stevens Park& medians (general turf) 79,060 sq.ft. Ruth Hardy Park (general turf) 706,344 sq.ft. Sunrise Plaza and medians (general turf) 892,960 sq.ft. Stadium (sports turf) 122,500 sq.ft. Victoria Park (general turf) 320,512 sq.ft. Dog Park (general turf) 56,000 sq.ft. Municipal Co-Generation Plant (general turf) 10,000 sq.ft. (Forever) Marilyn Monroe Plaza (general turf) 14,890 sq.ft. NOTE: Contractor shall provide the quantity of Pure Live seed necessary to overseed all areas as specified. Overseeding is usually done in the Fall beginning in September. Schedule with Contract Administrator. 34.02 All areas shall be scalped, vertically mowed per Section 33 and swept free of any loose grass clippings and debris. A maximum acceptable height of remaining turf after this operation is one-fourth inch (1/4"). Soil must be visible throughout the turf area to ensure positive soil contact with the seed. NOTE: Scalping shall be "smart scalping" and contractor shall provide proof of completing the online C.O.D. Landscaper course which covers this process. See www.collegeofthedesert.edu/pace. 34.03 Debris generated or accumulated during the course of the renovation operations shall be removed from the landscape site and disposed of at an appropriate landfill or disposal site at Contractor's expense. If stockpiling is necessary, pre-approval to do so must be obtained from the Contract Administrator and all material must be removed daily. Absolutely no debris shall be allowed to be left on site after scheduled daily work hours. 34.04 Irrigation in all areas that may have been damaged as a result of renovation practices must be repaired immediately prior to seeding with acceptable methods and materials at Contractor's expense. Approval prior to seeding in any area shall be a consensus judgment between the Contractor and the City, if applicable. 34.05 Acceptable performance and turf renovation practices shall be at the sole Exhibit"A", Page 24/31 27 judgment of the City. If adequate renovation is not performed within any turf area, Contractor may be required to redo any area, in whole or in part, to achieve the desired and intended result. This shall be done at the sole discretion of the City's representative or authorized designee. 34.06 For overseeding purposes, all turf areas shall be fertilized with a "balanced" fertilizer blend with a minimum guaranteed analysis of fifteen percent (15%) nitrogen, fifteen percent (15%) phosphorus, and fifteen percent (15%) potassium at the time of overseeding. This fertilizer application shall be in addition to all other fertilization requirements as referred to in this document. Fertilization must occur prior to the initial irrigation on the seed. Minimum rate: one (1) pound each of actual nitrogen, phosphorus and potassium per thousand square feet of area covered. 34.07 Seeding shall be done after renovation and prior to fertilization. Seeding must be done in two (2) perpendicular directions at half the recommended rate in each direction to ensure even coverage. After seeding and prior to fertilization, turf is to be mowed at one-fourth inch (1/4"), with grass stubble debris to remain in place for additional coverage. 34.08 Only Oregon-grown "Blue Tag Certified" seed shall be allowed. Seed must be a perennial ryegrass blend. A minimum of two (2) locally-proven grass varieties and not more than three (3) varieties may be used in the blend. The maximum allowable percentage of any single variety within the blend shall not exceed fifty percent (50%) of the entire blend. 34.09 To compute seeding rates as required, the PLS method shall be used. This calculation is based upon determining viable seedlings by multiplying the germination percentage, as stated on the bag tag, by the percentage of pure seed, as stated on the bag tag, per individual seed lot. 34.10 Rates will vary depending upon the area of application. General turf areas are median islands, City parks, parkways, and other ornamental lawn areas. Sports turf areas are baseball and softball fields, soccer fields, and other athletic fields. An approximate total acreage of each area shall be provided, although bids are to be based upon a per-thousand-square-foot basis. 34.11 General turf areas shall be seeded at twelve (12) pounds PLS per one thousand (1,000) square feet. Sports turf areas shall be seeded at fourteen (14) pounds PLS per one thousand (1,000) square feet. 35. DISEASE/ INSECT CONTROL— OPERATION (Frequency"D" of Exhibit B) 35.01 All landscaped areas shall be maintained free of disease and all harmful or undesirable insects that could cause damage to plant materials, including, but not limited to, trees, shrubs, ground cover and turf. The primary insect problem in the parks system is one of ant control. It is the City's intent to control this and any other insect problems by means of organic methods. Pesticides may only be used with prior approval of the Contract Administrator. Whenever chemical applications are used, extreme care must be exercised. No chemicals shall be used in the presence of park patrons, especially small children. 35.02 The Contract Administrator shall be notified immediately of any disease, Exhibit"A", Page 25131 - 28 insects or unusual conditions that might develop. 35.03 A disease and pest control program to prevent all common diseases and pests from causing serious damage shall be provided on an "as needed" basis for plant materials, including, but not limited to, trees, shrubs, ground cover and turf. Disease and pest control shall be achieved using materials and rates recommended by a licensed California pest control advisor. 35.04 All Aleppo pine trees shall be sprayed four (4) times per year at the direction of the Contract Administrator. The spraying operation shall occur at night between the hours of 10:00 p.m. and 6:00 a.m. in all locations. All trees shall be completely sprayed according to the manufacturer's directions. Trees shall be treated for the control of red spider mites with a mixture of chemicals, such as Pentac and Morestan. This mixture shall be of the type that will attack living mites through the use of a miticide and the developing eggs through the use of an acaricide. The mixture shall also include a surfactant for improved adhesion and all chemicals shall be applied at the curative rate recommended by the manufacturer. 36. PLANT MATERIALS — OPERATION (Frequency — As Needed, Coordinate with Contract Administrator) 36.01 Plant materials shall conform to the requirements of the landscape plan of the area and to "Horticultural Standards' of the American Association of Nurserymen as to kind, size, age, etc. Plans of record and specifications should be consulted to ensure correct identification of species. Plant material larger than those specified may be supplied if complying in all other respects. 36.02 Substitutions may be allowed but only with prior written approval by the Contract Administrator. 36.03 Nomenclature: Plant names used in the landscape plan of the area shall conform to "Standardized Plant Names" by the American Joint Committee on Horticultural Nomenclature. In those cases not covered therein, the custom of the nursery trade shall be followed. 36.04 Quality: A. Plants shall be sound, healthy, vigorous, and free from plant disease, insects and pests or their eggs, and shall have healthy, normal root systems and comply with all state and local regulations governing these matters and shall be free from any noxious weeds. B. All trees shall be measured six inches (6") above the ground surface. C. Where caliper or other dimensions of any plant material are omitted from the Plant List, it shall be understood that these plant materials shall be normal stock for type listed. They must be sturdy enough to stand safely without staking. D. Shape and Form: Plant materials shall be symmetrical and/or typical for variety and species and conform to measures specified in the Plant List. Exhibit"A", Page 26/31 - 29 E. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Contract Administrator. 36.05 Plant Materials Guarantee: All shrubs shall be guaranteed to live and remain in healthy condition for no less than thirty (30) days from the date of acceptance of the job by the Contract Administrator. All palms and trees shall be guaranteed for one year. 36.06 Annual Planting: Annual flowers, of a type and size to be specified by the Contract Administrator, shall be planted twice annually, in October and early May. The annuals shall be planted at sites according to Operational Mode. All fall annual planting must be completed prior to November 1 and all spring annual planting must be completed prior to the Memorial Day weekend. A. Annual planter bed preparation shall consist of the following: removal of any weed growth or foreign materials; turning of the soil to a depth of six inches (6") two (2) weeks prior to seasonal planting; amendment with two (2) cu. ft. soil conditioner per one hundred (100) sq. ft. of a type approved by the Contract Administrator; incorporation of amendment and 6-20-20 fertilizer at a rate of thirty (30) pounds per one thousand (1,000) sq. ft. into the soil; fine grade and moistening of soil prior to planting. B. Prior to seasonal planting, all beds shall be treated with a granular broad- spectrum fungicide, approved in advance by the Contract Administrator. C. Planting of annuals shall consist of placement of annuals into the prepared beds at a maximum of eight inch (8") spacing, as determined by variety and at the Contract Administrator's direction. Plants shall be placed in a predetermined arrangement, firmed into the soil immediately after removal from flats and watered immediately upon completion of a reasonable section. D. All annuals shall be treated with an anti-desiccant spray prior to planting. E. The Contract Administrator shall reject all annual flower materials that are of the wrong type, undersized, damaged or diseased, overgrown, or in any way do not reflect a high degree of care. Contractor shall provide suitable materials upon the direction of the Contract Administrator that meets with approval. F. Replacement of annuals that fail to perform, for any reason, may be required by the Contract Administrator at the Contractor's expense. 36.07 Olive Tree Spraying: Olive trees shall be fully treated and retreated, for a total of two (2) applications, with a fruit-fixing agent (Olive Stop) at the appropriate time each spring, according to Operational Mode and as determined by the Contract Administrator. 37. LOCKS AND KEYS 37.01 City has developed a chain-and-lock system for restrooms, gates and valves/pumps cover boxes. Contractor shall be responsible for purchasing similar locks upon loss of any City-owned locks. City shall provide Contractor, on a one- Exhibit"A", Page 27/31 - 30 for-one exchange, locks that have been vandalized or are inoperable. 37.02 Contractor shall provide a chain-and-lock system, at Contractor's expense, for trash containers located throughout the parks for the purposes of securing and limiting the removal or tipping of the containers. 37.03 Key Control: A. Contractor shall be responsible for the series of keys assigned to it and will, in turn, assign these keys to its personnel for use in maintaining this facility. B. Contractor shall be held responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. C. Contractor shall report all lost or stolen keys to the Contract Administrator within twenty-four (24) hours of discovery of the loss. Contractor shall reimburse the City for the cost, as determined by the Contract Administrator, of re-keying the facility or duplicating additional keys. D. Upon termination, cancellation or expiration of this Contract, all keys received by the Contractor shall be returned to the Contract Administrator. E. California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of law is either six (6) months' imprisonment or a Five Hundred Dollars ($500) fine, or both. 38. PICNIC AREAS AND PAVILIONS INSPECTION — OPERATION (Frequency "A" of Exhibit B) 38.01 Picnic tables, benches, slabs, braziers and trash containers and receptacles shall be cleaned daily to ensure safe use by the public. 38.02 Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. 38.03 Cooking grills, braziers, fireplaces and fire rings shall be inspected for general need of repair. 38.04 Contractor's observance of the general need of repair or replacement of loose planks or braces, braziers and fireplaces shall be immediately reported to the Contract Administrator. 38.05 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. 38.06 The entire picnic area shall be kept free of broken glass, cans, pop tops, paper, etc. 39. PLAYGROUND EQUIPMENT INSPECTION —OPERATION (Frequency "A" of Exhibit B) Exhibit"A", Page 28/31 31 39.01 All playground sites and equipment shall be inspected at the start of each work day. The sand must be cleaned and raked level to remove any foreign and/or hazardous material and neatly groomed daily before 10:00 a.m. 39.02 Any graffiti or equipment showing signs of wear, fatigue or otherwise presenting an unsafe condition shall be reported immediately to the Contract Administrator. 39.03 Special attention shall be given to low sand or wood chip areas around play equipment. These areas shall be leveled by distributing sand or wood chips from high areas to low areas. During the leveling and distribution of sand, no concrete footing shall be exposed that could allow children to trip or fall. 39.04 During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. 39.05 The raking and distribution of sand or wood chips around and below the play equipment shall have a cushioning potential and this condition shall extend for eight feet(8') beyond any part of the play equipment. 39.06 All sand or wood chip play areas shall be maintained free of litter, cans, pop tops, broken glass and other harmful and unsightly debris. 40. TENNIS COURT AND BASKETBALL COURT MAINTENANCE (Frequency varies) 40.01 All court surfaces shall be blown clean in accordance with the appropriate frequency of service. Additionally, all court surfaces shall be deep cleaned by washing as discussed in Section 25, and in accordance with the appropriate frequency of service. 41. PALM TREE TRIMMING - OPERATION (Frequency"J" of Exhibit "B") 41.01 Palm frond trimming shall be performed, with the intent of developing structurally sound trees, symmetric appearance with the proper vertical and horizontal clearance, as follows: A. Remove all existing wind damaged frond skirts. B. Remove fronds, seed pods and fruit from Date Palms per Exhibit "B". C. All California Fan Palms (Washingtonia flifera) and Mexican Fan Palms (Washingtonia robusta) located within the public right of way, shall have the fruit pods removed. D. California Fan Palms (Washingtonia filifera) located within the public right of way, shall not have fronds removed and shall retain their, "skirts", and their trunks shall not be skinned, but remain in the natural condition. Fronds shall be sheared to provide 12" minimum clearance and fronds at the skirt bottom shall be sheared to maintain a clean look. E. Mexican Fan Palms (Washingtonia robusts) within the public right of way, shall have their dry fronds removed and their trunks shall be skinned. Exhibit"A", Page 29/31 32 F. All trees shall be trimmed to prevent encroachment on private property. G. Fronds shall be trimmed in such a manner that the lowest remaining green fronds are approximately parallel to the ground surface. H. Remove seed pods from all trees 41.02 Special emphasis shall be placed upon public safety during palm tree trimming operations, particularly when adjacent to walkways and roadways. 41.03 All trimmings and debris shall be removed and disposed of offsite at the end of each day's work. 41.04 All tree and shrub trimmings shall be disposed of at the City Corporate Yard. Contractor is required to utilize chipping equipment, if available, at the City Corporate Yard for processing of all tree limbs and debris. 41.05 All palm trees shall have fronds removed and/or shall be skinned on a per area basis as directed by the Contract Administrator. 41.06 All tree care and pruning operations shall be done in accordance with the guidelines as established by the International Society of Arboculture (ISA), National Arborists Association (NAA) or the American Society of Consulting Arborists (ASCA). All trimming and pruning operations shall be under the direct supervision of an ISA Certified Arborist and all pruning work shall be performed by ISA Certified Tree Workers. 42. SPECIALTY TASKS 42.01 At the request of the Contract Administrator, the following Specialty Tasks are to be performed, for which Contractor shall be compensated in accordance with the negotiated hourly rate as shown in its submitted proposal. For those costs not provided for elsewhere, Contractor shall submit an estimate to the Contract Administrator prior to performing the task. Following are examples of specialty tasks; this is not an exhaustive list. Unspecified future work may be included in this section. A. During special events, Contractor shall pick up and remove all litter within the special events area. B. Other work shall include, but not be limited to, assisting during emergency situations, such as earthquakes, fires and floods, and miscellaneous landscaping tasks as requested by the Contract Administrator. 42.02 Labor Requirements to Support Specialty Tasks: A. Contractor shall be required to provide manpower and equipment as needed to supply labor in support of City specialty tasks. The number of laborers required and number of work hours will be determined on an "as needed" basis. Contractor shall be notified a minimum of forty-eight (48) hours in advance of all work assignments as to the number of workers Exhibit"A",Page 30131 - 33 needed and the estimated hours of service requested. B. Typically, the type of work performed in these instances is moving of materials, hauling trash and debris, shoveling, moving and assembling grandstands, and a variety of other tasks requiring unskilled labor. C. The City typically requires approximately three thousand (3,000) person hours per year of this type of work throughout the community. There is no guarantee as to the actual amount of hours requested annually. Contractor may be requested to support all or any part thereof of the total three thousand (3,000) person hours anticipated at the discretion of the Contract Administrator. All materials, which may be required, other than transportation vehicles and minor hand tools, will be provided by the City. D. The hourly rate to be charged for Specialty Tasks shall be the "Specialty Tasks Hourly Rate" as proposed in the Schedule of Compensation, "Parks Total Cost Schedule". The hourly rate to be charged for Specialty Tasks that are performed on any of the ten (10) holidays listed below shall be the "Specialty Tasks Holiday Hourly Rate" as proposed in the Schedule of Compensation, "Parks Total Cost Schedule". The "SPECIALTY TASKS HOLIDAY HOURLY RATE" shall be charged only on the following City observed holidays: 1. New Year's Day- January 1 2. Martin Luther King Jr. Day- 3rd Monday in January 3. Presidents Day- 3`d Monday in February 4. Memorial Day- Last Monday in May 5. Independence Day-July 4 6. Labor Day- 1" Monday in September 7. Veterans Day- November 11 8. Thanksgiving Day- 41h Thursday in November 9 . Day After Thanksgiving—4`h Friday in November 10. Christmas Eve — December 24th 11. Christmas Day- December 25 NOTE. When a recognized holiday falls on a Saturday, the preceding scheduled work day shall be considered the holiday. When a recognized holiday falls on a Sunday, the following scheduled work day shall be considered the holiday. E. If the Contractor fails to provide the required staffing to support special events and special projects, the Contractor shall be considered to be in default and liquidated damages, as provided in section 7.7 of the Contract Services Agreement shall apply. The applicable Frequency Schedule shall be Frequency "J." The ninety (90) day grace period (as defined in section 7.7 of the Contract Services Agreement) does not apply. Exhibit"A", Page 31131 34 EXHIBIT "B" SCHEDULE OF PERFORMANCE LOCATION AND FREQUENCY FREQUENCY ALLOTTED COMPLETION TIME "A" Completed Daily, before 10:00 a.m. "B" Completed Daily, before the close of business "C" Completed Daily, before the close of business — Monday through Friday Only "D" Completed Weekly, before the close of business on Friday "E" Completed Bi-Weekly or two (2) times per month "F" Completed Monthly or twelve (12) times per year "G" Completed Bi-Monthly or six (6) times per year "H" Completed Quarterly or four(4)times per year Completed Bi-Annually or two (2)times per year Completed Annually or one (1)time per year NOTE: All allotted times and frequencies are to be considered minimum; there may need to be additional times, and a reasonable number of additional instances for Frequencies A-F shall be included in the contract fee. PARKS A. Baristo Park (Calle El Segundo and Calle Encilia), 1.36 acres — This is a pocket park with playground, picnic tables, basketball court, turf and mature trees. Both sides of Baristo Channel within the park limits shall also be included in the maintenance services. B. DeMuth Park (4365 E. Mesquite Ave.), 62.00 acres — This is a neighborhood park with eight (8) lighted ballfields, four (4) lighted tennis courts, one (1) multi-purpose field, one (1) playground, four (4) restroom facilities, off-street parking, group picnic facilities, and mature trees. C. Desert Highland Park (480 N. Tramview Rd.), 17.58 acres — Playground, one (1) lighted ball field, picnic tables and basketball court. D. Desert Highland Windbreak—This windbreak starts at Gateway Drive and Pamela Drive and continues east and around park property perimeter. E. Dog Park and Municipal Co-Generation Complex, 1.50 acres — Located directly north of Exhibit"B", Page 1/15 35 Palm Springs City Hall and its parking lot, this is an active community park designed specifically for use by canines. The area to be maintained is bordered on the west side by Civic Drive, the City's co-generation facility to the east, and parking lots to the north and south sides of the property. F. Frances Stevens Park (550 N. Palm Canyon Dr.), 3.58 acres —This is a downtown park with occupied public art centers and theater, shuffleboard courts, picnic tables, mature trees and turf. G. Gene Autry Trail Park — neighborhood park with walkways, landscaping, city entrance sign, bocce ball courts — bordered on the north by Vista Chino Drive, Gene Autry Trail to the east, private residences to the west, and ends 250 feet north of Chia Road to the south. H. (Forever) Marilyn Monroe Plaza — This is a temporary park located on the northwest corner of N. Palm Canyon and Tahquitz Canyon Way. Marilyn Monroe statue is to be maintained by others. I. Ruth Hardy Park (700 Tamarisk), 21.31 acres — This is a neighborhood park with lighted tennis courts, one (1) playground, basketball court, volleyball courts, off-street parking, picnic and restroom facilities, and mature trees. J. Stadium and Cerritos Field —(for location, see "K" below) K. Sunrise Plaza (401 S. Pavilion Way), 37.17 acres —This is a neighborhood/regional park with baseball stadium, senior center, swim center, skate park, leisure center complex, boys and girls club, and library center; picnic tables, basketball court, exercise circuit, mature trees, Cerritos Field, and restroom facilities. (Stadium and Cerritos Field are a separate maintenance item.) L. Victoria Park (2744 N. Via Miraleste), 7.67 acres — This is a neighborhood park with volleyball court, picnic shelter and facilities, restrooms, playground and large multipurpose field. M. Wellness Park (corner of Via Miraleste and Tachevah), 5.5 acres — This is a neighborhood park near the Desert Regional Medical Center consisting of walkways, landscaping and fitness course. PARKWAYS A. Animal Shelter—entire facility and retention basin areas B. Avenida Caballeros & Racquet Club Median Islands — east side of Avenida Caballeros from Racquet Club south to Via Escuela C. Birdie Way Parkway — east side of Birdie Way from Eagle Way to approx.. 30' north of Waverly Drive. D. Canyon Sands Parkway — from Linden Drive to Gene Autry Trail, north side of East Palm Canyon Drive— parkway E. Cathedral Canyon/Jenkins Trail Bike Path — Calle Arriba south and east to Cathedral Canyon Drive Exhibit`B", Page 2N 5 36 F. Cherry Hills Drive Parkway — from Broadmoor Drive east to Pebble Beach Drive — hedgerow G. Chia Road (Assessment District #6A) — south side of Chia Road from Gene Autry Trail to the west end of Chia Road H. Chino Drive Islands —from Vine Avenue to North Palm Canyon Drive I. City Corporate Yard —from Alejo Road south to south property line J. City Hall — northwest corner of Tahquitz Canyon Way and El Cielo Road K. Civic and Juanita Drive Parkway — west side of Civic Drive from Alejo Road south to East Civic Drive; from this point, south side of road east to North Civic Drive; from this point, west side of road south across Tahquitz Canyon Way to police department. Juanita Dr. Parkway—Alejo Road south to Julian, east side parkway/hedgerow L. Coco's/Downey Savings Parkway — south side of East Palm Canyon Drive (frontage median)from Cerritos Drive to Farrell Drive M. County Building — located at southeast corner of Tahquitz Canyon Way and Civic Drive. Entire grounds from Civic Drive east 300' to first driveway on Tahquitz Canyon Way, and from Tahquitz Canyon Way south to Palm Springs Police Training Center (including parking lots in described areas N. Desert Dorado/Sunrise Way — east side of Sunrise Way from Alejo Road to Granvia Valmonte on the west side O. Entry Sign @ Highway 111 north of Tramway road, Medians located at Tramway Road (west side only) and North Palm Canyon Drive Palm Trees and Palm Tree wells from Entry Sign to Alejo Road (east and west sides) P. Escena Medians (2) — Vista Chino from Gene Autry Trail east to Club House View Drive (center median only) Q. Fire Station #1 (277 North Indian Canyon Drive) & Henry Frank Arcade parking lot R. Fire Station #2 (300 North El Cielo) S. Fire Station #3 (590 East Racquet Club road) T. Fire Station #4(1300 Laverne Drive) U. Fire Station #5 (5800 Bolero Road) also 30' from building on golf course side V. Fire Training Facility(east end of Alejo Road) inside and outside of facility W.Flora Vista (Assessment District#9)—west side of Sunrise Way from Via Escuela to Racquet Club X. Gene Autry Trail / Bridge Parkway— east side of bridge south of Tahquitz Creek and small pocket park Y. Gene Autry Trail and Ramon Road Median Islands — medians on Gene Autry Trail from Vista Chino south to Mesquite and medians east of Gene Autry Trail on Ramon Road to Exhibit"B", Page 3/15 37 Golf Club Drive and median west of Gene Autry Trail to Vella Road Z. Gene Autry Trail Median & Parkways (east and west sides) — Gene Autry Trail from Vista Chino north to Via Escuela AA. Golf Club Drive Islands — E. Palm Canyon Drive north to Tahquitz Creek Golf Resort entry BB. Heritage Trail Bike Path on Belardo Road (east side) from Alejo Road south to Baristo Road, Blue Coyote, lobster company and Plaza Mercado parking lots CC. Hermosa & Mountain View Place Islands — 400 West Hermosa / 200 West Mountain View DD. Household Hazardous Waste Center at south end of Vella Road — includes area between Animal Shelter& Household Hazardous Waste Center and 50 feet east beyond tree line. EE. Indian Canyon Drive at Tramview Rd. (entry sign) FF. N. Indian Canyon Drive (Frances Stevens Park Medians) — two medians north of Alejo Road on Indian Canyon Drive to Granvia Valmonte and one median south of Alejo Road on Indian Canyon Drive GG. N. Indian Canyon Drive (Palermo medians only — no parkways) from San Rafael north to Tramview Road HH. Indian Trail Parkway—Sunny Dunes Road north to Ramon Road —two islands Il. Laverne Way Parkway— south side of La Verne from Toledo Road to Caliente Road JJ. Merito & Prescott Drive Islands —300 West Merito KK. Mid-Valley Parkway (Dinah Shore medians) — from Gene Autry Trail east to Bridge and parkways on north and south sides of bridge ILL. Mountain Gate I (Assessment District #10) — street frontage for Mountain Gate project located at Highway 111 and Gateway Drive to Pamela Drive, excluding project entryway. Area also includes cul-de-sac landscaping at Video Road, Lawrence Circle, Howard Circle, Alberto Circle, Jimenez Circle, retention basin on Eastgate Road, and entryway at end of Tramview Road MM. Mountain Gate II — perimeter landscaping on Highway 111 for project being constructed north of Mountain Gate I NN. Old DMV (Boxing Club) Building — El Cielo Road and Arenas Road — northwest corner property 00. Palm Canyon Drive, South — median islands (south and north of Sunny Dunes), and Palm Trees and wells from Ramon Road south to Calle Palo Fiero palm trees both sides of street PP. Park Sonora/El Cielo Road (Assessment District #13C) — east side of El Cielo Road from Sonora to San Martin Exhibit"B", Page 4/15 38 QQ. Police Department—east side of South Civic Drive RR. Police Department Equestrian Training Center— southeast corner of Alejo Road and Civic Drive SS. Prairie Schooner Lot— parking lot on the southwest corner of Andreas Road and Calle El Segundo TT. Ramon Road Parkways — south side of Ramon Road from Sunrise Way and east to Cerritos Road, east side of Sunrise Way from Camino Parocela north to Ramon Road, and north side of Ramon Road from Farrell Drive and east to 100 yards east of Compadre Road UU. Ramon Road/Sunrise Way(2 Median Islands) — median on Sunrise Way north of Ramon Road and median on Ramon Road west of Sunrise Way VV. Rancho Park/El Cielo Rd. —west side of El Cielo Road from Sonora to Escoba WW. Riverside Drives (North and South) & East Side of Sunrise Way. North Riverside Drive - south side from Sunrise Way to Sunny Dunes Road, and South Riverside Drive - north side from Sunrise Way to approximately 150 feet west of Random Road XX. Saddlerock/Diplomat Parkway— north side of East Palm Canyon Drive (frontage median) from Cerritos Drive to Farrell Drive YY. Saguaro Palm Springs Parkway — frontage from hotel's drive entry on Sunrise Way to drive entry on East Palm Canyon Drive ZZ. Smoke Tree Commons Medians (2) — East Palm Canyon center medians from Farrell Drive to Smoke Tree Lane AAA. Sunquitz Plaza Medians — Sunrise Way from Tahquitz Canyon Way south to Arenas Road (center median only) BBB. Sunrise Norte/San Rafael Dr. & Sunrise Way (Assessment District #7) — north side of San Rafael from Sunrise to Mountain Shadow Drive, including the northwest corner of Mountain Shadow Drive and San Rafael CCC. Sunrise Way, North (Hovnanian/Four Seasons) Medians — medians on Sunrise Way north of San Rafael to the project entry at Four Seasons DDD. N. Sunrise Way, North (Medians @ Enclave) — center medians from Racquet Club Road north to Francis Drive EEE. Tahquitz Canyon Way Median Islands (center islands only) from El Cielo Road to Indian Canyon Drive FFF. Train Station (6001 Train Station Road) GGG. Via Las Palmas & Vista Chino Islands — Via Las Palmas islands (2) (east and west), Prescott Road islands (4), Vista Chino Drive median @ North Palm Canyon Drive (west side of North Palm Canyon Drive), and Hermosa Drive island HHH.Vintage Palms (Assessment District #8) — all of Avenida Caballeros north of San Rafael, Exhibit"B", Page¢/15 3 9 including project frontage on San Rafael III.Visitors Center and parking lot — located on the northwest corner of Tramway Road and Highway 111 JJJ. Warm Sands Place/Warm Sands Drive Parkway—Warm Sands and Sunny Dunes Road, and Ramon Road and Warm Sands KKK. DeMuth Community Garden — located south of DeMuth Community Center PALM TREE TRIMMINGS (Frequency"J")— Locations and quantities are as follows: LOCATIONS OF THE WORK Disposal required for debris from all trees. PART SECTION I: NORTH PALM CANYON DRIVE A. NORTH PALM CANYON DRIVE, east side, Alejo north to City entry way, 159 Trees total: Pods Only 113 Filifera Pods and Fronds 46 Robusta B. NORTH PALM CANYON DRIVE, west side, City entry way south to Alejo, 185 Trees total: Pods Only 81 Filifera Pods and Fronds 104 Robusta C. ISLAND WEST OF NORTH PALM CANYON at Vista Chino, 4 Trees total: Pods and Fronds 4 Robusta D. NORTH PALM CANYON Entry Way Sign, 24 Trees total: Pods Only 21 Filifera Pods and Fronds 3 Robusta SECTION It: CENTRAL BUSINESS DISTRICT A. PALM CANYON DRIVE, west side, Alejo to Ramon (not including Amado to Tahquitz Canyon), 129 Trees total: Pods Only 50 Filifera Pods and Fronds 79 Robusta B. PALM CANYON DRIVE, east side, Alejo to Ramon, 148 Trees total: Pods Only 80 Filifera Pods and Fronds 68 Robusta C. TAHQUITZ CANYON WAY, south and north sides, between Belardo and Indian Canyon, 49 Trees total: Pods Only 37 Filifera Exhibit"B", Page 6/15 40 Pods and Fronds 12 Robusta D. AZUL RESTURANT. PARKING LOT, 400 N. Palm Canyon Dr., 8 Trees total: Pods and Fronds 8 Robusta E. ANDREAS PLAZA(Palm canyon and Andreas 201 N Indian Canyon Dr)4 Trees Total: Pods only 4 Filifera F. BELARDO, from Alejo to Baristo, east side of street, 31 Trees total: Pods only 2 Filifera Pods and Fronds 29 Robusta G. NORTH PARKING LOT, off Indian Canyon, (261 N Indian Canyon Dr. Next to fire station) 24 Trees total: Pods Only 1 Filifera Pods and Fronds 23 Robusta H. PARKING STRUCTURE, at Baristo and Indian Canyon, 6 Trees total: Pods only 3 Filifera Pods and Fronds 3 Robusta I. MERCADO PLAZA DRIVE, (Andreas and palm canyon) 14 Trees total: Pods Only 4 Filifera Pods and Fronds 6 Robusta Fronds, Pods and Fruit 4 Date Palms J. INDIAN CANYON DRIVE, 139 Trees Total: 1. SOUTH OF RAMON, west side: Pods and Fronds 6 Robusta 2. WEST OF RAMON, south side: Pods Only 5 Filifera 3. RAMON TO ALEJO, east side: Pods only 11 Filifera Pods and Fronds 53 Robusta 4. RAMON TO ALEJO, west side: Pods only 37 Filifera Pods and Fronds 27 Robusta K. ARENAS ROAD, (Palm Canyon to Indian Canyon) 7 Trees total: Pods and Fronds 7 Robusta Exhibit"B", Page 7/15 41 L. VILLAGE GREEN (221 S. Palm Canyon Dr.), 1 Tree total: Pods only 1 Filifera M. CHAMBER OF COMMERCE, 190 W. Amado Road, 6 Trees total: Pods Only 6 Robusta N. CHINO DRIVE (between North Palm canyon Dr. and N Patencio Rd on the mediums), 59 Trees Total: Pods only 2 Filifera Pods and Fronds 57 Robusta SECTION III: SOUTH PALM CANYON DRIVE 001-2461-43065 A. RAMON TO PALO FIERRO, both sides, 166 Trees total: Pods Only 54 Filifera Pods and Fronds 112 Robusta B. WEST PALM CANYON, East Side, 7 Trees Total Pods and Fronds 7 Robusta C. SUN CENTER ISLAND, (small island between Indian Canyon and Palm Canyon)2 Trees Total: Pods only 2 Filifera SECTION IV: GOVERNMENT BUILDINGS 001-2451-43065 A. CITY HALL, 3200 Tahquitz Canyon Way, 61 Trees total: Pods Only 26 Filifera Pods and Fronds 35 Robusta *NOTE*: Enaineerina Dent. Palm tree-do NOT trim fronds-sacred tree B. COGENERATION BUILDING north of City Hall, 16 Trees total: Pods Only 16 Filifera C. CIVIC DRIVE south of Livmor, 13 Trees total: Pods and Fronds 13 Robusta D. POLICE DEPARTMENT, 200 South Civic Drive, 15 Trees total: Pods and Fronds 15 Robusta E. POLICE DEPARTMENT TRAINING CENTER, 14 Trees total: Pods Only 6 Fifiera Pods and Fronds 8 Robusta F. BOXING CLUB (Old DMV) BUILDING (corner of El cello and Arenas rd), 11 Trees total: Exhibit"B", Page 41g 42 Pods Only 1 Filifera Pods and Fronds 10 Robusta G. ABOP end of Vella Road, 6 Trees total: Pods Only 4 Filifera Pods and Fronds 2 Robusta H. COUNTY BUILDING on Tahquitz Canyon across from City Hall, 25 Trees total Pods Only 1 Filifera Pods and Fronds 24 Robusta I. CORPORATE YARD (477 N Civic Dr.), 40 Trees total: Pods Only 7 Filifera Pods and Fronds 33 Robusta SECTION V: TAHQUITZ CANYON WAY AND SOUTH PARKWAYS A. EL CIELO TO INDIAN CANYON, Center Median Strips, 86 Trees total: Pods and Fronds 86 Robusta B. RAMON AND SUNRISE WAY, on the frontage road between Cerritos and Parocela, 25 Trees total: Pods and Fronds 25 Robusta C. LAVERNE WAY(east side from Caliente to Toledo), 42 Trees total: Pods only 40 Filifera Pods and Fronds 2 Robusta D. COCO'S/US BANK, (1701 Palm Canyon to 1901 Palm Canyon on Frontage road), East Palm Canyon: 15 Trees total: Pods and Fronds 15 Robusta E. SADDLEROCK/DIPLOMAT, (between Farrell Dr and Cerritos Rd. East Palm Canyon Frontage road), 25 Trees total: Pods and Fronds 25 Robusta F. CATHEDRAL CANYON BIKE PATH, (starts at Cathedral Canyon Dr. and Paseo Azuleio ends at Golf Club Dr.)42 Trees Total: Pods and Fronds 42 Robusta G. CANYON SANDS, East Palm Canyon (between S Linden Way and Gene Autry), 9 Trees total: Pods Only 8 Robusta Pods and Fronds 1 Date palm H. HOLIDAY INN, 1800 E Palm Canyon Dr. (former Ramada inn): 7 Trees total: Pods only 5 Filifera Exhibit"B", Page 9/15 43 Pods and Fronds 2 Robusta I. INDIAN TRAIL AND RAMON ROAD (between Ramon Rd. and E Sunny Dunes Rd.), 50 Trees total: Pods only 34 Filifera Pods only 16 Robusta (*these are trimmed like Filifera) J. LAS PALMAS-WEST ISLAND (371 N Via Las Palmas), 6 Trees Pods only 6 Filifera K. LAS PALMAS - EAST ISLAND (200 S Via Las Palmas), 2 Trees total: Pods only 2 Filifera L. MOUNTAIN VIEW ISLAND (between Prescott Dr. and mission Rd.), 16 Trees total: Pods and Fronds 16 Filifera M. HERMOSA & MISSION (400 Hermosa PI.), 1 Tree total: Pods only 1 Filifera N. GOLF CLUB DRIVE(between E. Palm canyon Dr. and 34th. Ave.), 100 Trees total: Pods and Fronds 100 Robusta O. NORTH RIVERSIDE, 90 Trees total: Pods only 60 Filifera Pods and Fronds 30 Robusta P. SOUTH RIVERSIDE, 38 Trees total: Pods Only 34 Filifera Pods and Fronds 4 Robusta Q. BIRDIE WAY(between E. Waverly Dr and Eagle Way), 5 Trees total: Pods only 1 Filifera Pods and Fronds 4 Robusta R. GENE AUTRY TRAIL, (S. Gene Autry and E. Par Dr.) 3 Trees total: Pods only 3 Filifera SECTION VI: PARKWAY DISTRICTS A. PARK SONORA, (on El Cielo between Sonora and Anzuelo cir.), east side, 25 Trees total Pods and Fronds 9 Robusta Pods only 16 Filifera B. CHIA ROAD, Gene Autry&Chia South side, 24 Trees total Exhibit`B", Page 10/15 44 Pods only 24 Filifera C. SUNRISE N. SAN RAFAEL&3200 MT. SHADOW DR., DR (SAN RAFAEL & 3200 MT. SHADOW DR.)4 Trees Total Pods and Fronds 4 Robusta D. VINTAGE PALMS SAN RAFAEL & NO. CABALLEROS, 37 Trees Total Pods and Fronds 37 Robusta H. MID-VALLEY PARKWAY, Dinah Shore dr. (from Gene Autry to Dinah Shore bridge) 96 Trees Total Pods and Fronds 96 Robusta I. FLORA VISTA(Corners of E. Racquet Club Rd. and Via Escuela on Sunrise) 10 Trees Total Pods and Fronds 10 Robusta J. MOUNTAIN GATE, (Gateway and Palm Canyon going north and back gate on tram view) 125 Trees total: Pods only 116 Filifera Pods and Fronds 9 Robusta SECTION VII: PARKS A. SUNRISE PARK, 201 South Pavilion Way, 173 Trees total COGENERATION BUILDING: Pods only 3 Filifera Pods and Fronds 13 Robusta PAVILION BUILDING: Pods and Fronds 18 Robusta LEISURE SERVICES BUILDING: Pods and Fronds 38 Robusta SWIM CENTER: Pods only 4 Filifera Pods and Fronds 14 Robusta PALM SPRINGS STADIUM - FRONT ENTRANCE: Pods and Fronds 4 Robusta PALM SPRINGS STADIUM -BEHIND SCORE BOARD: Pods only 2 Filifera Exhibit'B", Page 11111115 45 CORNER OF BARISTO AND PAVILION WAY: Pods and Fronds 1 Robusta AREA WEST OF BASKETBALL COURT: Pods Only 24 Filifera Pods and Fronds 18 Robusta SENIOR CENTER: Pods and Fronds 11 Robusta BOYS CLUB: Pods only 5 Filifera Pods and Fronds 7 Robusta Fronds, Pods and Fruit 2 Date Palms, B. BARISTO PARK, Calle El Segundo and Calle Encilia, 7 Trees total: Pods and Fronds 7 Filifera C. FRANCES STEVENS PARK, 550 North Palm Canyon Drive, 43 Trees total (Median Islands at Indian Canyon &Alejo) Pods only 21 Filifera Pods and Fronds 18 Robusta Fronds 4 Queen Palms D. DESERT HIGHLAND PARK, 480 North Tram view Road, 18 Trees total: Pods only 3 Filifera Pods and Fronds 15 Robusta E. DEMUTH PARK and Median islands 4365 East Mesquite Avenue, 143 Trees total: 1. EAST AREA: Pods and Fronds 26 Robusta 2.WEST AREA: Pods and Fronds 11 Robusta 3. CENTER AREA: Pods Only 7 Filifera Pods and Fronds 29 Robusta 4. COMMUNITY CENTER: Pods only 3 Filifera Pods and fronds 11 Robusta 5. MESQUITE AVE. (between Vella and el Cielo rd. at Demuth park): Exhibit'B", Page 12/15 46 A. NORTH SIDE OF STREET: Pods and fronds 0 Robusta B. SOUTH SIDE OF STREET: Pods only 11 Filifera Pods and fronds 10 Robusta C. MEDIAN: Pods and fronds 18 Robusta Pods only 7 Filifera F. RUTH HARDY PARK, 700 Tamarisk Road, 60 Trees total: Pods Only 57 Filifera Pods and Fronds 3 Robusta G. VICTORIA PARK, 2744 North via Miraleste off vista chino, 3 Trees total: Pods only 3 Filifera H. GATEWAY PARK, (West Side of Gene Autry Trail between Vista Chino and Chia Road) 33 total trees: Pods only 33 Filifera 1. GATEWAY PARKWAYS/MEDIAN (West and East sides of Gene Autry Trail; including median, all areas between Vista Chino and Via Escuela): Pods only 32 Filifera Fronds only 30 Blue Palms I. Wellness park(next to Ruth Hardy park)46 trees total: Pods only 45 Filifera Pods and Fronds 1 Robusta SECTION Vill: PALM SPRINGS INTERNATIONAL AIRPORT 505 total trees A. FRONT OF AIRPORT TERMINAL, PARKING LOTS, Pods and Fronds 343 Robusta B. AIRPORT OPERATION AREA, TERMINAL &SECURED AREAS Pods and Fronds 92 Robusta C. TAXI BUILDING Pods and Fronds 12 Robusta D. KIRK DOUGLAS WAY Pods and Fronds 27 Robusta E. CUSTOMS BUILDING Exhibit"B", Page 13/15 4 Pods and Fronds 12 Robusta F. VISTA CHINO AND FARREL DR. Pods and Fronds 19 Robusta SECTION IX: FIRE STATIONS A. FIRE STATION 443, East Racquet Club and Via Miraleste, 5 Trees total: Pods only 2 Filifera Pods and Fronds 3 Robusta B. FIRE STATION 444, La Verne and Caliente, 10 Trees total: Pods only 1 Filifera Pods and Fronds 9 Robusta C. FIRE STATION 445, Bolero Road and Golf Club Drive, 4 Trees total: Pods only 1 Filifera Fronds, Pods and Fruit 3 Date Palms D. TRAINING CENTER, East Alejo Road, 3 Trees total: Pods only 1 Filifera Pods and Fronds 2 Robusta E. Train Station, Whitewater Road, 19 Trees Total: Pods only 19 Filifera SECTION X: MEDIAN ISLANDS A. Sunrise— Racquet Club to north end median, 24 Trees total: Pods only 24 Filifera B. North Indian entrance, 5 Trees total: Pods only 5 Filifera C. North Indian median islands—San Rafael to Radio Road, 8 Trees total: Pods only 8 Filifera D. Sunrise& Ramon median/also North of Tahquitz, 9 Trees total: Pods only 3 Filifera Pods and Fronds 6 Robusta E. Ramon west of Sunrise, 3 Trees total: Pods only 3 Filifera Exhibit"B", Page 14/15 48 SECTION XI: ADDITIONAL LOCATIONS A. Alejo/Baristo Parking Lot, 6 Trees total: Pods and Fronds 6 Robusta B. West Palm Canyon, 7 Trees total: Pods and Fronds 7 Robusta C. Amado& Palm Canyon, 4 Trees total: Pods only 4 Filifera D. Arenas & Palm Canyon, 1 Tree total: Pods only 1 Filifera E. Downtown Library, 2 Trees total: Pods only 2 Filifera F. Smoke Tree Median, 4 Trees total: Pods only 4 Filifera G. Waste Water Treatment Plant, 63 Trees total: Pods only 14 Filifera Pods and Fronds 49 Robusta Exhibit"B", Page 15/15 49 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as 'Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Schedule of Compensation (Exhibit"C") List of Subcontractors Local Business Preference Program Good Faith Efforts Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. PARKS AND PARKWAYS LANDSCAPE - 50 MAINTENANCE SERVICES COVER SHEET 0108=13 BID FORMS-PAGE 1 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Invitation for Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number 1 Date 4 . 2 9 . 13 Number Date Number Date Number Date Bidder has familiarized 'Itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the Conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the Current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake Self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Schedule of Compensations, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES 04/18/2013 BID IPROPOSAU 51 ' BID FORMS-PAGE 2 Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Schedule of Compensations. Dated: 5 21 201 -?) Bidder. Go1C1en ICO By: (Signature) M ik z HonZ Title: Qjen, raj Man ner PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES BID IPROPOSAL) 52 -0411812013' BID FORMS-PAGE 3 EXHIBIT"C" SCHEDULE OF COMPENSATION PARKS AND PARKWAYS-SCHEDULE OF COMPENSATION A Tasks To Be Provided See Legend below Park Locetlan hsk/Settlon No. 17 18 19 20 21 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37. 38 39 40 Annual Cost A:8sdato Park ✓ ✓ ✓ ✓ ♦ ♦ ✓ ✓ ♦ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ •ti0 80 •. ..rMT5rn4 Jn Rr. fIX:4p1A b.Y R%�i>`,f' d ✓ ✓ ✓ ✓ ✓ ✓ ✓... ✓ ♦ ✓ ✓ ✓ ✓ ✓ ♦ ✓ ✓ ✓ ✓ ✓ 15sss,000 C.Desert HI hland Park � 4nd 'tpMERWI t HN3'�d w �'-'T:`F"�b: &arl�lffi4 S''n+,F%R7 6'h Fft l,IX+md At"xy f�SX id •B ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ I ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ..�Z 'P-i0 i GMp'e4 9deht64il npIP7n4a lNa FRk"YeS'4GY0." 131aR4m�PoIXt1Q11 a*AS6RA2>y YR9,7eNp e^AY@'��eE R i'w'3�!,iYgiq R'u's'a J�".4 rya a FCN f'{ m rb'a s ..y e D.Desert Hlehlend Windbreak N/A ✓ ✓ ✓ ♦ ✓ ✓ I ✓ ✓ N/A ✓ ✓ N(A ✓ N/A N/A N/A ✓ N/A N/A N/A N/A N/A y y CC) Doe Park/Mun.CoGen. ✓ ✓ ✓ ✓ ,. ✓ ✓ ,i ,� ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ,. ✓ ✓ N/A N/A H S 00 eWY'2� pf.-Ri ?kEk 7F'81A dµ..ifitB 7L,RBT 7-0"v"RiS•LHW{pWM ry4P�,_ 9xtlt'r kY2kf.A ge33P+>,YAiti'A?JtfiY+;£3D5.W+IpS^831 AAN Yt PV2 F.Francss Stevens Park; ✓ ✓ ,i ✓ ✓ f ✓ �✓ ✓ Av 's a iFrirt+?AKNO5FePAN liff"M.. Ef9YS54 tSn:'bRYg4 AnS+eko:= : ✓ ✓Fr tz 'T m.Y tt♦ N/A N/A NIA 10,'1H0 G.Gene Autry Trail Park ✓ ✓ ✓ ,. ✓ ✓ ✓ ✓ '(?Yla�Yrm ql!y&IGIe Yfx�FkPo1'pS ✓ ✓ ✓ 1 ✓ ✓ ✓ ✓ I ✓ ✓ I I ✓ ✓ I CQ ✓ ✓ ✓ ✓ .. . "onss,'W.d�RO!N4fifi.NaP"TiP"M5 3y%GN.'. 'w' W i4 urt. H.Marilyn Monroe Plara nN/A mP awt N/A N/A ✓ ✓ N/A N/A ✓ N/A ✓ ✓ N/A N/A N/A ✓ N/A N/A ✓ N/A N/A N/A 111,1400 a f„"gr"lR9Thf4t7gfd r:.;.i:PAfl .. MwWrl GfGDFtde;a ...,"W vRN4 nL 'Avfs' � 3R•'iL'P,S 5l+9tIF 6we" ,:Z .,,., •t x 7xP,:..., ,.J.Ruth Hardy Park ♦ ♦ ✓ ✓ ♦ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓x gCF v ., ra:wwar+. T an7L s m._. ernwel le tee,1. 's+'s^rt ;rse•, S40 x Nwx ff rz.'at-4'�'ra Fum. ✓ ✓ ✓ ♦ ✓ fo 3,9 30 ( Stadium/Cerritos Field ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ♦ ✓ 4 Ytmk'^.:`.pr' :b4YGti � >Cgs 'A*�R'ao 4-g0•''A 9^,1�K',fiu^onft.P9,�'3#, W3'iCf@� 7F"�TS"A�A ofi 4xs n; i.,','My:��,x ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ I N/A N/A N/A jt,�J l C L.SundaVictorie ra '. Art kHn 3s'RPex iU'4A-A P'3 a a »wt:M! bY.i t *rxta ¢ ttP ,r . K.Sunrise Plan ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ♦ ✓ ♦ ✓ ✓ ✓ saxnrm, . �.„„„a?aro'. -r co„x eea ..�aew., ,x~f, z.�+-m�rrm>ra�,a a�a aw:a:. taarcr, . �rt•.� .^z„ s;m� raw, . ,+ ax,a,w�+ ,,,,r.^n , �,: >rx-�.a-. 5A4 000 '. Park ✓ ✓ ✓ ✓ ✓ ✓ ✓ I I I ✓ ✓ ✓ ✓ ✓ ✓ I ✓ ✓ ✓ ✓ ,i I i4i5ffilN6At'StiY ;,E..e .'s1Y.:+1#s, yM.R?',++'#1. wYSP;t+9?Xtk t;,;wm .fnk'^; 'kN,.,rY.+i"tt,. t°fi ran:•.<q. r.•,,,.. M.Wallne a Park ✓ ✓ I ✓ ✓ ✓ ✓ I ✓ ✓ ✓ ✓ _...a R s.> r ,;: C .i o. r� • s - ; N A 23,010 . . , ♦ ✓ ✓ ✓ ✓ ✓ ✓ :..✓ ✓ NIA NIA N/A SUBTOTAL PARK LOCATIONS(A-M) 4900,81 O LEGEND Task No. Description - - Frequency Talk No. Description 17 MOWING Frequency D 30 FERTILIZATION SB MECHANICAL EDGING F D 31 TREE TRIMMING AND PRUNING 19 LVTTEACHEMICAL CONTROL /,OEfAINNG/WEED CONTROL D 32 CULTIVATING 20 InTFR CONTROL - D A 33 RENOVATION/VERTICAL MOWING f 21 TRASH CONTAINERS A 34 TURF RENOVATION/RESEEDING 1 22 TRASH BIN REMOVAL DISEASE/INSECT CONTROL 23 RAKING B 3S D B 36 PLANT MATERIALS Various 24 PRUNING'AND HEDGE TRIMMING G 37 LOCKS AND KEYS 2S SWEEPING/WASHING(Includes parking lots,ail concrete and hard courts) A and B 1 26 GRAFFITI ERADICATION AND CONTROL(WHEN REQUIRED( Various 38 PICNICAREAS AND PAVILIONS INSPECTION A 27 - AERIFICATION !9 PLAYGROUND EQUIPMENT INSPECTION A 18 WATERING AND IRRIGATION SYSTEM MAINTENANCE 1 40 TENNIS COURTS AND BASKETBALL COURTS MAINTENANCE D a 41 PALM TREE TRIMMING 1 29 IRRI6ATI6N SYSTEM OPERABILITY AND TESTING D 42 SPECIALTY TASK$(WHEN REQUIRED) Various Contractor shell visit each park or parkway lootlon prior to bidding"familladce themselves with each task as It relates to each location,and Include all elements of each task In the lump sum fee for that location. Note:-Each location will:be paid ins lump sum cons for all tasks associated. See Eshblt A,Sections 17AZ for task descriptions. - Exhibit"C",Page 1/5 BID FORMS-PAGE 4 W PARKS AND PARKWAYS-SCHEDULE OF COMPENSATION A(Continued.. .) Tasks To Be Provided(See Table Legend, Parkway Location Task No. 17 18 1 19 1 20 21 1 12 1 23 1 24 25 26 27 28 29 30 31 32 33 34 3S 36 ]/A Annual Cost A.Animal Shelter ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓l14w'Teamp MLfm.YTks'j*wN*V Ce>li �°6 x.a.,f'�*.N f'rnAvl y"g. - rz z.,,r 7V' 1 p ,rB. Ave.Caballeros/Racquet Club Medians N/A M/A N/A ✓ N/A N/A ✓ N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ✓ N/A Pi20 ARWo &W9:>.F7.-w+l toev Vregp'T�p IWAM:,. Pe ne'49V EMmIN PAT S%n reO 100 y7 ..a.fFr :p' 'C.Birdie Way Parkway N/A N/A ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/AD.Can on AMb Parkwa ✓ ✓ ✓ 'R . , r Vvia 7 Pl.wtf i�S S.+"1.ti i`V"d nan'AR ! Sa^sts'9.i�tl sg .Y r_ ,,,XY Av Y Y N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ I ✓ ✓ ✓ Cl 100 "14o;n WATPr. ;ate nt4�7A' rda'al ?.mEfi seams _ 19!MA4l'E.Cathedral Canyon/Jenkins Trail Bike Path N/A N/A ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A" ='aar im"W'ta Irse'a.. grx"m-m%siPi 4400 i'NaWW§ 1r9 NW ri IV1V'd kY r1T'r., a"19,FC m .SY t W 6F.Cherry Hills Dr.Pafkwa N/A N/A ✓ ✓ N/A. N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ �200 dk 'v,�'Ci . . Nkx'B".zn"4kSt ,' Mia a±gfpR�.e� '.t MFrit rr+cS""Pr'u`ia" ✓,xff?cMn nR3ruoure e omu at g�+'r$fAk�ir'�;s4rt v m vel 4�L �4'7i t lY t. ::vt,xa a v� G.Chia Rd.(Assessment District 46A) N/A N/A ✓ ✓ N/A N/A- . .✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A -N/A ✓ ✓ (a BOO mart xsaaxzx3.,�s x+�rm:�mdY U Yailb4i. nb b 3^'J -kw'ey r r rd sr'-c�h e ,s . , HP ^'.Ti ?Yf. )�'•+€- . u , 1 a2 es ru rtn' o * I. H.Chino Dr.blend! N/A N/A ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ M N/A ✓ ✓ N/A ✓ MIA MIA MIA ✓ � ✓ ✓ City Corporate Yard ✓ ✓ ✓ ✓ ✓ ✓ ✓ .. ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ � " ✓ ✓ ,...."✓ ✓ sMF �Ja 9rav�a a 850C) ?Ak:3�6"k'E3'•al AlIiRSE?c 63'rrk"u. tk.au.. SS e I J Y F sv 9 Yf ,' T Ma N@ rpna ,r P' '� ti fa txlrit e t0W.'is ,k :A ti.v J.City Hall ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ I` �,. &a'A"n l �tpkY^M3M1�4A&'ftN,kak )T[m*700 rlvt 4?1 l 0 "'Nm 04 tT ,• _:'.,/ r2 fS OOC K.Civic and Juanita Drive Parkway N/A N/A ✓ ✓ N/A N A ✓ ✓ ✓ ✓ "fr RY1rF?Esiu�4r''R'a'ma'•6" apire,n.5.,-.4t=7*Y r n r ,.p / N/A K X NA ✓ N A N A N A •V a ✓ ✓¢^r 'f' r �nK ._ _ '�t °T'2, ThT, .5a= ,� zrY_r r . , ,'zw .... �, , ,,.,._ / Iso900 L Coco's/Downey Sovings Parkway ✓ ✓ ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ - ✓ F' ✓ ✓ ✓ ✓ ✓ - ✓ ,i 000_ M.'CountY Building ✓ ✓ ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ � ✓ ✓ ✓ ✓ 11 100 ru:�� �Tb.9Eli?�iYkc"V""Pa k5 g C^t 1 �'s>K '-dAt k p: x0nq,>g•rh�ttx Way N.Desert Dorado ✓ ✓ ✓ ,i / Y ✓ ✓ ✓MIA N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ I ✓ ✓:. *'AYE: ""?NC„b47rtN1M1EYG.. 'Ltlnuro a,m U`mq GJ.Ta Tt44s Y.:R„F�"ri ,. hk „Y R: E AY11'rk'N' T' xnl'tv a C 't52!&t" 17 lai' Ykh �t'aN a, h9r'-NecY' "}a O.Entry Sign&Medians/N.Palm Canyon Dr. ✓ ✓ ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ `l 2p0 .Esc SSA Medians r2) Otlt ip`�gpx Mil 1^7"314RN/ L"N/ n r„vf.}En pdn.7Y�'t' i".fP i?F uYCst'k'k rNxrt�,�ie AM%.�8ftu.,I4 RrIN , :tTy+�..yt � ai�2sz0� 'vL'�F.�a�`i P.Hcena Medians(2( N/A N/A ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A MIA MIA ✓ ✓ ✓ (p 300 F .^eta":^*dPrr t.:' :t�tif>uiLx.kY,WMY.a�@f#tR� .la�la*+: 'rr •.v i'. Cp Fire Station al N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ N/A ✓ I N/A ✓ N/A N/A N/A ✓ ✓ ✓ 'l 00 3'._ .: r kic iS%`k "r U&9Yr rXo nE gyp.=„l.'{7 rr a1Y.u�J �'StY't,k "W25� s' Pat ["3 R.Fire Station a2 N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ B�fs? �liratfir✓vF.. N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓. ✓ . '1000 Iftwa x.. AR'-fihSVh SHIJIIW4T0^TI@d ...:•^ Te Na,tYTf.r°<!n UNff&14.' c r rCa°4'dN Yii '�`rt w* d? :_d �Lr'tt&Ga i�ne q ya,l ; q k , S.Fire Station 93 N/A N/A ✓ f ✓ ✓ ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓ ✓ mtr rFREWP a'_V am"rfflwr IMA-0 w' F t rt 25CC� T.Fire Station g4, N/A N/A V ✓ ✓ ✓ ✓ ✓ ✓ I N/A I ✓ N/A ✓ N/A N/A,.x N/n c ✓ ✓ '. y 800 5Y9*SYa ?mwaH t-� R"°s ,s, 'Ar `RF^ 't z4^'+. !' ro -t+s`U.Fire Station d5 ✓ ✓ ✓ ✓ ✓ I ✓ - ✓ ✓ ✓ ✓ ✓ ✓ ✓ .. .. ✓ .. ✓ ✓ ✓ ✓ `' ✓: ✓ y2ot V.Fire Training Facility ,N/A V.Fire Training Fadllry N/A N/A ✓ ✓ ✓ I ✓ ✓ ✓ B �w`Yt MIA r ✓ ✓ 'T!4!4a: ,7s•M.: ' ys"!.; iC+rRF,'. Ybd. w'n3?'ea3t3nkta N/A ✓ N/A N/A N/A ✓ ✓ ✓ s10� +� 4R A e9riEG aJ1$H I u` t+ a iM 3 e d,_ W.Flora Vista.(Auenmanl District a9) ✓ N/A N/A ✓ ✓ ✓ '✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ i q 6 06 $'WY$• H'Pq'fcYtWti$&161"e2ha,�,4;�._cb"d:Y:, f.MARVIf=fdfl.SA »u wul m' MV'W .e { d9 'd`T4�"J�P3'"•' nv? Rt : X.Gene Autry Trail Bridge Parkway N/A NJA ✓ ✓ N/A, N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ „ ✓ ✓ to400 'VASP:R' ..5WI59 ,.G'�rf >rrcM xY ce ,atW A` x s fs e 4 'P y Y.Gene Autry Trail&Ramon Rd,Medians MIA N/A N N/A ✓ ✓ A ✓ ✓ ✓ ✓ / / N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓ Ira 1;00 p,ili`�a`ti£4Et*�,ARSS� Y3.dPa�li Y. 4zT4:e1T�'L51FY3 . Z.Gene Autry A. A/ / /Trall Median&Parkways N N/A ✓ ✓ N A N ✓ ✓ s rF ✓ . : ., .., w a N/A ✓ ✓ _N/A ✓ N/A N/A N/A ✓ . . ✓ 1 3 200 SUBTOTAL PARKWAY LOCATIONS(A-Z) Contractor shall visit each park or parkwaylocation prior to bidding,familiarize themselves with each task as It raiates to each location,and Include all elements of each task In the lump sum fee for that location. Note: Each location will be paid in a lump sum costs for all tasks associated. See Exhbit A,Sections 17-42 for task descriptions. - Exhibit"C",Page 2/5 CJI BID FORMS-PAGES PARKS AND PARKWAYS-SCHEDULE OF COMPENSATION A(Continued. . .Parkw ) Tasks To Be Provided(See Table Legend) AA.Golf Location Tat Section No. 17 lg 19 20 21 22 23 24 25 26 27 23 29 30 31 32 33 34 35 36 37 Annual Cost AA.Golf M Dr.Islands N/A N/A ✓ ✓ NIA N/A ✓ ✓ ✓ ✓ ft/q ✓ ! N/A ✓ N/A N/A N/A ✓ ✓ ! 2500 A'4F iIS➢aRY W .I. A aW,WRY W5':3i3"' �u _:: :9f j"hT,Irr J" ;' 7 '3. -. '.Y �1!'a£@!E5 iYb:'mr,%:-'FPUP 4-'!R":,i , BB.Heritage Trail Bike Path NIA N/A ✓ V ✓ NSA ✓ ✓ ✓ ✓ N/A ✓ ✓ ! ✓ ✓ N/A N/A ✓ ! 121300 son mmm M4014 _ra"A M V`VW"I'M1.5 WM4b'P,tGE V F#pmiMt1Xi4M tt 4s" 'flW N,nR'Sx`i9v kr,>'e':Yi%4Gy:" 'F -,•.'CC.Hermosa&Mountain Mew PI.Medians NIA N/A ! ! N/A N/A ✓ I ✓ ✓ MIA ✓ ! N/A ✓ N/A N/A N/A ✓ ✓ ✓ 'i 00 ewe Yx`YSt3`w"m . 1dai ,ilY>:K'vuxut vl,''y!*`AT 9"3 v,J1"rym pYww✓'m e;;e.m,. %,DD.Household Hazardous Waste Center N/A N / MI A � N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓ ✓ Sg00 ts��s` r.., EE.Indian Canyon Dr./Tramvlew(entry sign) N/A N/A ✓ ! N/A N/A ✓ ✓ ✓ ✓ N ♦ ✓ Sta3v,-1z'tle'iam'A'MbtiY4'rc h'.FD'MZRr u'�rnX..a::%��'3fi:'+:'=.U`;itl 9vY,st.. i.5 ,arzr,t.,sY 6',�a i.,,,o- � ,:.',.c:. kz PvY/�A,+ ..,:az"C+' .. =13�,.rNAA+axI N/A N/A NIA r +� ✓ 1900 FF.N.Indian Cyn Francis Stevens Park medians N/A N/A ✓ ✓ NIA N/A ! ✓ ! ✓ " aP1k34 &iHAi .'. eBm, mvw"* 5 Fi. .. "l ¢HrSO"P r✓�u"xSk 1leH8'e?r7,rfiiii 5[o- Arm..a`; a,:r4^ V,z,!�WT f_;T". ,-u+A.[€M t.'TkS r 0�r^�,N/A N/A N/A ✓ ✓ ✓ OO CI GG.N.Indian Cnyn.Drive Palermo medians MIA MIA N/A ! / N A ✓ ✓ / ,&"S+z is ' '"°'`� - 'r ' ''ifAitPdD%RelCl k'u IW, MAN/ / / an N A ✓ ! ✓ ✓ I / N/A R a��A �5a ;a. rIA;F rTa _ � / / N A N A ✓ N A ✓ N A N A N/A N/A ✓ ! ✓ -1 E'00 HH.Indian Trail Parkway N/A N/A ✓ ✓ ..MIA '�; �lV MIA lSug#A •ter s�r;3.`<"kN/A V NIA r vV ' Es9113yk? :,+n / / ! N/A )"ISO 1LLeverne Way Parkway / / NIA ! ! N/A ✓ N/A N/A N/A r✓ ✓ q'i 5 It. Y y N/A N/A ! ! N A MIA ! ✓ ✓ ✓ .w.•° :. RY§At�dCYfKi}47i)' teP. 'ffa '�'.-dd4t .ii 'Z`A , 5's g 1R.a+t tktuir H2rY k:$r Merlto&Prescott Dr.Medians N/A NIA ✓ ✓ N/A NIA ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ! N/A N/A N/A ✓ ✓ ✓ b 2 S£A"f4t^!F.N6Atd7pWgNFa . #d.. e n`l'R ENMeiskw 2a flr3atk""+a. 'dt�&a45F mttwPN§+ 5a'S s `xd d=..7�.q1 v ab" < r xz4 ax�.c- tes Kr at 3J n. .KK.Mid-Valley Parkway(Dinah Shore medians) N/A N/A ✓ ✓ N/q ry/A I ✓ ✓ ✓ N ✓ ✓ / NIA N/A N/A ✓ ✓ ✓ 600 A /A N A ✓ �{ LL Mountain Gate I(Assessment District#10) ✓ ! ! ✓ j ".,F°-!k97`'?kz'F,i u'�'bM.'.' SS >d3Ts'C:S2?i99P e'�@I' '.r14+A✓akl?7!;. »., NIA N/A ✓ ! ✓ ! ✓ ✓ ! ✓ V ✓ r ✓ .;!•:. ✓ W 2000 Nt,CV t ?. T k MM.Mountain Gate 11 ✓ ✓ ✓ ! N/A N/A ! ✓ ✓ ✓ ! ✓ ✓ ! ! ✓ a ✓ ✓ ✓ ✓ ✓ 18 000 NN.Old DMV Building.(Boxing dais) N/A N/A ! ! N/A N/A ! ✓ r ✓ N A ✓ . ✓ / N/A N/A N/A ✓ ✓ .' S00p Aa,UkiaRi 'iYA.- a+Pss@%;Si: ✓ N/A ✓ ! N A ✓ 00.S.Palm Canyon Drive median islands N A. N A ✓ ✓ s.,-;{ " N�. 'a° M.. r;q=� i ,, ; t5 k t 6. Y r m N.a. k�+� i� x x , `�x kr,¢I r�.sr.x~!_€s'< .. N,A.=W�+�A� k,«; A N/A t=.:wa./;�' ✓ fo 2 C�O PP.Park Sonora/El Cielo(Assessment District#SC) ✓ ✓ ✓ ! N/A MIA ✓ ✓ ✓ ✓ ✓ ! ✓ ✓ ✓ ✓ ! ✓ ✓ ! ✓ t3 g00 W9rFN � 'A Alr9WrWM1.MiFP1i'd^4tFsAr Paw MiM .'ekGlF C*r3aE3'9 Aa' *Rf `).`gAtg ry un�x 4 H a rys y GR W's t QQ.Police Department ✓ .J ✓ ! ✓ ✓ ✓ ✓ ! ✓ ✓ ! ✓ ✓ ✓ i i i ✓ ! 11 500 ssz Police~W� Ott &,.G' ft9'4ow`fHY*kY 5if4krhx4"+ .�# f�b�*n'°t q N A ✓ !RR Police Department Training NIA N/A ✓ ✓ ✓ ✓ ! ✓ ✓ ✓ !.- �. * T a. ,Yi a.aN,, 147dfSNTa:4KIZ#RA3.!% S' ,w,!;�,xryyp ,: ,v-.e / , I N/A N/A N/A N/A 2.00 N/A ry N�1 nyp Y : / -" S5.Prairie Schooner Lot Kw& Fit 1"1't "' aA^mnN, N/A N/A ✓ ✓ ✓ ✓ I ✓ ✓ ✓ N/A ✓ ✓ ✓ ,/A ✓ ✓ ✓ 8700 I,aeµs o z.: .'u. ..:+a;a WMs A N/A N A N TT.Ramon Road Parkways ✓ ✓ ! ✓ NIA N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ,i' ,/ ✓ 0 O #'+Ai3yV@1hi di? .d > d 9'�,vi5B,llvs ;t UU.Ramon Road/Sunrise Way(2 Medians) N/A N/A ✓ ! N/A N/A ✓ ✓ ✓ ✓ N/A ! ! NIA ✓ N/A N/A MIA ✓ ! ✓ 5200 kib h' .e,5?a •;" a tl"nF�"5.. '-;YsR"::,`-r C k �115 AT'-.5@ Ees "91.4`w ,: �; ra c.r .!`+'v,,f W.Rancho Park/El CTelo Rd N/A N/A ✓ ✓ N/A NA ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ! ✓ l(0,200 W.I ,r.„ n�r zs:6r,9, .,, s5" � �� .0 + =y �7*,� A '4A P r." W W.Riverside Drives North 8 South -1 ) N/A N/A ✓ ✓ ✓ ✓ ✓ j ✓ ✓ ! ✓ Ra:.':,a%ifikM4ritnX Fe dvrelt },r;`3 •rtn(iCd47f€uF tv'H Kw"J4;4MAIr i WA.. N/A N/A ✓ N/A N/A N/A ✓ „ .!r r {"l,500 "MY^Nr SAiC^w IYZNy`pA flM iq gpRR IK1C4 X%,Saddlerock/DlPlomet Parkway ✓ ✓ ✓ ✓ NIA NIA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ! ✓ r ! ;i" s- ✓ gloo . xas° prns+nr; ,.`,c a .ttt xz i a.X^R i - p4d�ri v n"a tine a•. x r r r=;«:" ;.e: r. .✓ ✓ ✓ I YY.Saguaro Palm Springs Parkway ✓ I Nl ! ! N/A V V V � � - ✓ I s,2 00 ✓ ? ..." ✓ ✓'. II.Smoke Tree Commons Medians(2) N/A. N/A. ✓ ! N/A N/A ✓ ✓ ✓ ✓ N/A ✓ ! N/A ✓ N/A N/A N/A ✓ ✓ ✓ 11, �'l 0(] ..... .a ...;-. .. SUBTOTAL PARKWAY LOCATIONS(AA-ZZ) 2 31 35O Contractor shall visit each park of parkway locatlon prior to bidding,familiarize themselves with each task as It relates to each location,and Include ell elements of each task in the lump sum fee for that location. Note: Each location will be paid in a lump sum torts for all tasks associated. See Exhbit A,Sections 17-42 for task descriptions. Ul - Exhibit"C",Page 3/5 tJl BID FORMS-PAGE 6 PARKS AND PARKWAYS-SCHEDULE OF COMPENSATION A(Continued.. .) Tasks To Be Provided See Legend Parkway Location Task/Section No, 17 18 19 20JN/A 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Annual Cost AAA.Sunqultz Plan Medians N/A N/A ✓ ✓ N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓ ✓ 11,A100 I6 s III .. 'Rs a '1w fsk4�n"�.. A Pam M,. AM m"s� Pm'. ;;✓'MAat BBB.Sunrise Norte(Assessment District III ✓ ✓ ✓ ✓ N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 21 ,(000 MapCCC.N.Sunrise Way medians(Hovnanian/Four Season N/A,' N/A ✓ ✓ N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ 13,zoo ODD.N.Sunrise Way medians;Rac w :A4S alkWdMd&. M411 P AZ d91Stl9"IRS,� i"Arta�l wor"°+w,,y'�a,v44 hmn;+pa, FG'ilv,"lm�r�forhsw 7W11,01 w VON.y�u�MN' s- y 9 tClub to Franco. ✓ ✓ ✓ ✓ �M,-z� ✓ t, amB se t Px.,, ✓ ✓ ✓ ✓ ✓ N/A N/A V ✓ ✓ 10,100 ,. , .`+ a 7} .wq *W m "� ,.Y::rtA`,3'SCk 481M,t3-1""s w EEE.Tahqultz Canyon Way median Islands ✓ ✓ ✓ ✓ N/A ✓ ✓ 1 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ .yto,9O0 Tess .4. . -Aa"P»r=er - . .sky %A Aa 4. 1 FiS 1*0:_Wr IK�?xftd' m UsInIry ;dr. ,"'Ir 9"Ur P �aav,' 'V.,FFF.Troln Station N/A N/A ✓ ✓ '✓ - ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓ ✓ A4S00 GGG.Vie W Palmas and Vista China Islands N/A N/A ✓ ✓ N/A N/A ✓ ✓ N/A ✓ N/A ✓ ✓ ✓ ✓ - ✓ N/A N/A N/A N/A N/A 1200 .... WatTAeE 13MW"mwm 14107M 419MA m m""tIWAM vaeaw . ,� , Asw w P5 t'm'm»m?,1 1,. .. ir- HHH.Mrate a Palms Aareessment District 00) N/A N/A ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ 0 G SSGamong MR=„tw"WWA XIK^.aRMin ternmi mown racer w4 .Y ssrvamn2 DRa'ii'1+T•al. 1�4C' '?>fu s-r"'Fgl".T - III.Visitors Center and parking lot N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓ ✓ `")20 h .. em WARM Nerai& OWMI vt,gHIP 'k !#5W"t 714 slit tATvrn XSY" r qVW_'-X 0cmZ, JJJ.Warm Sands Pi.Q Warm Sands Dr,Parkway N/A N/A ✓ ✓ N/A N/A ✓ ✓ ✓ ✓ N/A ✓ ✓ N/A ✓ N/A N/A N/A ✓ ✓ ✓ AI SO O s3�� ,.. .,... 9!H #S9sR%xsEids'P fA.k6fiA'h d#1ya :tKaEfl Wpz"mA';�d #f;q�`.,n 9'AE Ka47aA.....r�9.!;w p„m.,m. .�"1 S;:^».'�' ve s•,;'a'. S Ro r:: +�n KKK.DeMuth Community Garden N/A N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ - ✓ N/A ✓ ✓ ✓ ✓ N/A N/A N/A ✓ ✓ ✓ k)4D 00 SUBTOTAL PARKWAY LOCATION (AAA-KKK) 1(.2,7100 Contractor shall visit each park or parkway location prior to bldding,familiarize themselves with each task as It relates to each location,and Include all elements of each task in the lump sum fee for that location. Note: Each location will be paid In a lump sum costs for all tasks associated. See Exhibit"A",Sections 17-42 for task descriptions. - SUBTOTAL PARK LOCATIONS(A-M) S A4(OO, b 1 0 V' SUBTOTAL PARKWAY LOCATIONS(A-Z) S 2 2 AA, q I rj b SUBTOTAL PARKWAY LOCATIONS (AA-ZZ) s SUBTOTAL PARKWAY LOCATIONS(AAA-KKK) $ 1(o 2 t_1 0 0 TOTAL SCHEDULE OF COMPENSATION A ; ), O S 5 1 11S Cam" I (Price In Figures) One. t- slltorl eig`I4 ' Ive t},ousar�c� seven kLin(Arec( (Price In Words) d gev en}y {1ve c)t 011arS aC 00/ioo C.io1d en �/a.11e� Cor�s�r �c� 1o1'l CJl Name of Bidder 07 Exhibit"C",Page 4/5 810 FORMS PAGE 7 PALM TREE TRIMMING -SCHEDULE OF COMPENSATION B Palm Tree Trimming Task/Section No. 41 No.of Trees ISee Exhibit"B" for locations tYPO of tree, Task Is of Frequency"r) UNIT PRICE(EA) TOTAL COST POD REMOVAL ONLY 1248 2C) , CO 21-1 Ci �rlO POD AND FROND REMOVAL ONLY I 2226 a1 , Oo GAO ) C 2 DATE PALMS: FROND,POD&FRUIT 10 p(> y GC FROND REMOVAL ONLY(QUEEN) V 4 Q 0 FROND REMOVAL ONLY(BLUE PALMS) ✓ 30 j .00 3 Q TOTAL PALM TREE TRIMMING-SCHEDULE OF COMPENSATION B L li� 5, H C 2. 0 6 Contractors should visit each palm tree location prior to bidding,farrillarhe themselves with each task as it relates to each location,and Include all elements of each task In the lump sum fee for that location. Note: Each palm tree will be paid per unit costs for all tasks associated with Palm Tree Trimming. See Exhibit"A",Sections 41 for task description, Compensation for specialty tasks,both known and unknown,planned end unplanned,shall be billed separately per TOTAL SCHEDULE OF COMPENSATION A AND B specialty task and submitted within seventy-two(721 hours following the conclusion of the event or task, Pricing for (Basis of Did) specialty tasks will be based upon the following hourly rates: __ s I s J-It �.F SPECIALTY TASK,HOURLY RATE $ 2 2. 0' PER HOUR IPrlce In Figures) SPECIALTY TASK,HOLIDAY HOURLY RATE $ y 0-0 C' PER HOUR One m%lltorl onehunclYec srveI-)+ Yc. +F,ovsanc� �`Ivehun red $ever,}y5evet� do1�QY lPrlce in Words) 8 �Vtoo The Contractor proposes and agrees to perform the maintenance services In good order and in accordance with the Scope of Services and detailed specifications. Contractor will provide the specified services at various locations within the City of Palm Springs,and will accept as full payment the amounts listed. Compensation for Parks and Parkways Maintenance services provided by the Contractor shall be made on a monthly basis(total annual cost divided by 12)based upon receipt of acceptable Invoices. Compensation for Palm Tree Trimming will be paid per unit Price based upon the type of tree and type of work for that tree as listed above. Compensation shall Include all tasks for each Park and Parkway locations checked. Annual CPI Adjustments: Depending uponperformance based on criteria set forth In the Contractor ServlcesAgreement,under Liquidated Damages,Contractor's mmpensation maybe adjusted annually each year In July, beginning In 2014. Annual cost-of-Ilving adjustments,If earned,shall be based on the Consumer Price Index OPIj for All Urban Consumers,for Los Angeles-Riverside-Orange County,CA for the previous yearending In December. G_ clden �lalle� COrlskrUCA-ion Name of Bidder Exhibit"C",Page 5/5 810 FORMS-PAGE 8 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-halt of one percent of the Contractor's Total Bid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non-responsive. Bidders shall list the total % of Work to be performed by the Prime Contractor here: i0 J(shall not be less than 50%). Contractor's Percent License of Total Work to be Performed Number Contract Subcontractors Name &Address 1 �o .�+bCon+raC�-GrS 2. 3. 4. 5. PARKS AND PARKWAYS LANDSCAPE 58 MAINTENANCE SERVICES _ LIST OF SUBCONTRACTORS 04/18/2013 BID FORMS-PAGE 9 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS Project: PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES Bid Opening Date: May 21, 2013 The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "LDcal Preference in Public Works Contracts (Sub-Contracting)", which states: The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. Bidders shall provide sufficient information to demonstrate that they have made ;good faith efforts to comply with Palm Springs Ordinance No. 1756_ In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: QC) ��bccr,� rac+6rs Local firms that will furnish materials or supplies to the Bidder for this project: In;peried er S��ply HUi3 Cor,�+ruc+icrr� Soeci c�,l�t e5 COGS+ -T r -� LOCAL BUSINESS PREFERENCE PROGRAM C PARKS AND PARKWAYS LANDSCAPE GOOD FAITH EFFORTS J MAINTENANCE SERVICES BID FORMS-PAGE 10 04118/2013 LOCAL BUSINESS PREFERENCE PROGRAM -GOOD FAITH EFFORTS . (CONTINUED) In the event no local firms (as defined in Ordinance No. 1756) will provide services, or furnish materials and supplies to the Bidder for this project, the Bidder shall provide information sufficient to demonstrate good faith efforts to do so. Examples of information accepted by the City to demonstrate good faith efforts shall be included below: A. The names and dates of each publication in which a request for participation by local firms for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement t�1 o S"bc0 n+r' aC OIC S B. The names and dates of written notices sent-to local firms soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the local firms were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up Methods firms Initial and Dates Solicited Solicitation t`lo S.sbcon}raCACY- S LOCAL BUSINESS PREFERENCE PROGRAM PARKS AND PARKWAYS LANDSCAPE GOOD FAITH EFFORTS L+0 MAINTENANCE SERVICES BID FORMS-PAGE 11 V 04/18I2013- C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally (g) Of Performs Item Contract (YIN) � o �ubccn+ raC C)VrS D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local fines, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: tJo S�bccal,-�racfor Names, addresses and phone numbers of firms selected for the work above: KAC) C Q n± r-C-)-c for NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. LOCAL BUSINESS-PREFERENCE PROGRAM PARKS AND PARKWAYS LANDSCAPE GOOD FArrH EFFORTS 61 MAINTENANCE SERVICES BID FORMS-PAGE 12 -04118/2013- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of Califomia ) ) ss. Countyof Ro4erside ) k-e, " c n z being first duly swom, deposes and says that he is General Mrl"CXArr of Golden VoAt\I Cons�ruC+ 10r1 the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement,communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder GO(Aeeri \{0.1kev Cor,S4r c -4iC)r) By +UI I it Mike Ho ,z Title Ca e r,e r o a M ar10. ct rx Organization Golden \1o,11ev C-or,2Er-o Ion Address Cjokk Center Po.rkw0a' Sri+e # 4 lr,dao CA. 112201 PARKS AND PARKWAYS LANDSCAPE 62 MAINTENANCE SERVICES NON-COLLUSION AFFIDAVIT "18f2013 BID FORMS-PAGE 13 ALL-PURPOSE ACKNOWLEDGMENT State of QAA_1P0a/�l H' CountyofU�7�� On N D e) I ZO j before me, � dYl NaNfQrr n - W0 Pd:kA�UG, Date Name,Title of Officer personally appeared (`fIIChCPeI D. NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(,6 whose namej4 istare subscribed to the within instrument and acknowledged to me that he/sheHhey executed the same in hislherltheir authorized capacityfi*, and that by his/MerNkeir signatures(*�on the instrument the person], or the entity upon behalf of which the person( r acted,executed the instrument. 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 seal. Signature of Notary NARY PUBLIC*CAINORWA SS CaInMYw �t di ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signers)Other Than Named Above PARKS AND PARKWAYS LANDSCAPE (� MAINTENANCE SERVICES NON-COLLUSION AFFIDAVIT v 04/1W013' BID FORMS-PAGE 14 BID'BMD KNOW ALL MEN By THESE PRESENTS, That - Golden Vista Construction,Inc.dba Golden Valley Construction as Principal,and North American Specialty Insurance Company as SUregy are flake and firmly bound Unto the QV of Palm SpHMA heremaf0er cAW the•Cfq+"in the an oF. Ten(10%)Percent of Bid Amount------ dollars (rat leas than.10'percent of the total amount of Sdndule of Compensation A plus B for the payment of which dum, well and P } admintrtCatlprs,sins and a he made, we bind VIe a pre our seine axacufors, l�fy and severely.ik,ny by ttlese presents. WHEREAS,seld Principal f>as subff t a Bid to said Coy to perform the Work required under the Sid Sohedula(s)of the Ws Contract Doarments engledr PARKS AND PARKWAYS LANDSCAPE MAMIMNANCE SERd M NOW THEREFORF,it said Principal Is awarded a Contract by said C ky,and**in the time and in ffre roamer requkW in be •NDgce kAft Bids•and the i0 aiddW tarters'irdo a wrdten Agreement on the Form of AWssrnent bMW with said Conhsot Dcournenta,rurniehos ure required 000catas of Insurance,and fumBtles the required Pwbmwm Bari and Paymerd Bond.risen this obggagon staff be ttuil and Vold, otharwim E scrag remain In lug force and effect. In the event suit is brought Mon ffus Band by saldOly,and Cry prevah. said Surety shag pay ag casts irxurnsd by said City in such suit,inducing a reft able atkxnaye fee to be fboed by the court. SIGNED AND SEALED,Ws 21 st day of May_ 2013. PRINCIPAL: , mrpora6Bn) taese bYo sf ene Ovnl90rt ar memm.ro strops A Cta4ntst a coma,Preslaenl.aaty Nm Pra7dak AHD e. Aotaran "ITawr, auarertwvr�aarcer} Golden Vista C ction C. Golden Valley Construction SURETY: North American Specialty Insurance Company - 1 rn the and rft ,n 1`3 U v' IOe.n) sle,re wares I �r Print Name and r4ft Print Name and Title: Donna J. Frowd,Attorney-in-Fact PAM"PAR XYS I.ANIZOW m dD BOND 1910 SEawttr FORMI ^ Q Wa s aetthOCO WO FOPJAe-PAGE 15 b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Clint.CODE§ 1189 Fe // ,�� ,,,,,,,/// it.�s1/ �(] before me, l f t Here Insert Name and Title of the officer eCC r�iYlL 2/!/�/�Yl Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person($) whose naml @owe subscribed to the within instrument and acknowledged to me that &she,44ey executed the same in i authorized capacity(io), and that by CABBIE L.DHANOW s signature( on the instrument the Cotmmisslon•1959021 person(k, or the entity upon behalf of which the -i Notary Public•California person(04 acted, executed the instrument. ' Los AnoNes County Comm. Doc 6.2-a- I 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 seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen} Title or Type of Document: Kid ®S,".'i, ' Document Date: 51 I p It J Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)c - Signer's Name: 6 jP14 e E, (�{R1114dy1 Signer's Name: -B Corporate Officer — Title(s): erE9,L4t9-t -f ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑G eral Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee El Guardian or Conservator El Guardian or C servator ❑ Other: ❑Other: Signer Is Representing: Signers Representing: B M10 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 65 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of MARIN On May 21, zois before me, Donna L. welsh Notary Public, personally appeared Donna J. Frowd who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/af'iksubscribed to the within instrument and acknowledged to me that lv--/she/thQy executed the same in I%is/her/th:eir authorized capacity0es), and that by his/her/tlseir signature(f>) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. 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 seal. (seal) Signature a; j! P NOTt P 'A :RNIA w 66 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insmance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: MICHAEL B.McGOWAN,SUSAN J.McGOWAN,DONNA L.WELSH, DEBBIE L.WELSH and DONNA J.FROWD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its as and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ualnaa SEALBy � Steveu P.Aodeiwn,Smiar Ve PrmWoot of Wmiepoo lnt Clonal lnsa.m.CompmY SEAL +g� 1179 yN &senior Vke Pmfdent of No Are Speurlty lnrmaow company j 1,,T�f�pg(:f •n s � David M.Layman,Vice PmWent of Wmi iogtm IntematiooW Imurmw Cowpony &Vire Pmidmt offior Aomemao SpedWty lnavn Compaoy IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this26th day of June 2012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26th day of June 201.2 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. n DONNAD.SIQFdiS MOM Public.Sore o(MiooiP Donna D.Sklens,Notary Public M CaouaiaimEP ileil lON6/1015 I, Jeffrey Goldbere . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 21 s$ay of May 20 13 67 mean combo,,vice P=dmt&A sutant Sean.y of Wasltingtov lmewaamol Ww Compmy&NoM.Amedun SpeoWty lnawenm Con y BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will Cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: —�7n1c1 er �l a\1ev C�.� S+r�1C�i on '1 iG� S Go%-c Cen}er Par _\.j y A 1ncj �o CA 922©1 2. CONTRACTOR'S Telephone Number. (-I(oo ) -t 1 S (o B 00 Facsimile Number. (-1100 ) 1 S Lo 602 3. CONTRACTOR'S License: Primary Classification �" CGene_rgj E„a Inc crI nq State License Number(s) -1`1 (o 2� cl J Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: NameofSurety tJor+h Ar c, icnn Sipectal+v lnsuranr_c Cc. Address ICn Pine. S+re_cA- -* 2200 fan Franc.i sc.n CA. 9 '411 Surety Company " d " - Gowan x kssocio�iet Telephone Numbers: Agent(4,$)_892 - Io80 Surety( 8y1) 2-13 - I29 5. Type of Firm(Individual, Partnership or Corporation): Cor po*r cJ I inn6. Corporation organized under the laws of the State of: C 0.1 I t o r ri i O 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: Michael Emerson PreSi6enA PARKS AND PARKWAYS LANDSCAPE - 68 MAINTENANCE SERVICES BIDDER'S GENERAL INFORMATION 04/16I2013' BID FORMS-PAGE 16 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: TJO 1cc�r5 9. List at least three related projects completed to date: a. Owner Ck+yj c ' Coac},cila Address De Ore & av c- SO Contact Gordon Ft sMfr Class of Work A L1cer,Se Phone g(oh -rA 1. 6121 Contract Amount A 2 At 9. B 5(c . e Project >x pro Park. Date Completed 4 - 3 CC- 2N 13 Contact Person Telephone number _- b. Owner C,+y nV P. S. Address Avenida Ce bo,-ii cro S Contact Prorur& .�n-V ClassofWork A- Lice-nSe Phone n� -323 . 8299 Contract Amount skg � . 389-tea jcxckie- Lee Project p l n z c, Date Completed 5 .2-1- 2 LA 1 to D 0"cj Contact Person w�%I Telephone number s- 2 - 0,4 H ro C. Owner G+y c l n r ,n Address V 0.r i 0 Lk S Par k S Contact,5ccl+ Trs�j, IIn ClassofWork A L1cen6e Phone 1 rDh 3 9 I - -i b 17 Contract Amount a y . t 2. 0 0 Project s3>JP Park-s Date Completed 18. 2N • 2fi+I Contact Person — Telephone number 10,, List the name and title of the person who will supervise full-time the proposed work for your firm: M i 1<-e N.c r-L z 11. Is full-time supervisor an employee contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. PARKS AND PARKWAYS LANDSCAPE 6` (J` MAINTENANCE SERVICES BIDDER'S GENERAL INFORMATION 041182013- BID FORMS-PAGE 17 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and , (herein "Contractor"). (The tern Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the "services" or"work" hereunder. As a material inducement to the City entering Into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terns of such proposal and this Agreement, the terns of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits. Fees and Assessments. 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or. imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions 1 70 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City")and , (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A"and incorporated herein by this reference,which services may be referred to herein as the "services" or"work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govem. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits. Fees and Assessments. 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or. imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrarts that Contractor has or will investigate the site and is or will be fully acquainted with the conditions t 70 Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Administrator. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by Citys own negligence. 1.7 Further Resoonsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Administrator to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or$25,000, whichever is less,or in the time to perform of up to one hundred eighty(180)days may be approved by the Contract Administrator. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of plus annual CPI increases, if earned, (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Administrator in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than 2 71 Contractor anticipates, that Contractor shall not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be applicable for such services. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 2.3 Consumer Price Index (CPI). Annual CPI Adjustments: Depending upon performance based on criteria set forth in the Contractor Services Agreement, under Liquidated Damages, Contractor's compensation may be adjusted annually each year in July, beginning in 2014. Annual cost-of-living adjustments, if earned,shall be based on the Consumer Price Index (CPI) for All Urban Consumers, for Los Angeles-Riverside-Orange County, CA for the previous year ending in December. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the"Schedule of Performance" attached hereto as Exhibit "B", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Administrator, but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Administrator such delay is justified. The Contract Administrator's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, the term of this Agreement shall be for three(3)years with two (2)additional two(2) year options, for a total period not to exceed seven (7) years, renewable at the discretion of the Contract Administrator and mutual consent of the Contractor. 3 72 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals 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. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Administrator. The Contract Administrator shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Administrator. The Contract Administrator shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence 4 73 of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the 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. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor 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. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE,INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof,the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs, its officers, employees and agents as additional insured. An additional Insured endorsement is required as evidence of such coverage. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Administrator. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment 5 74 of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnity the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.3 Performance Bond and Payment Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond and a payment bond in the sum of four hundred thousand dollars ($400,000.00) each, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Administrator. The bonds shall contain the original notarized signature of an authorized officer of.the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated B++, Class VII or better in'the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City 6 75 Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Administrator to evaluate the performance of such services. The Contract Administrator shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownershio of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator 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 of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The 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 Administrator. 7 76 7.0 ENFORCEMENT OF AGREEMENT 7.1 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. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold. from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A partys consent to or approval of any act by the other party requiring the party's consent or approval shall not be-deemed to waive or render unnecessary the other parry's consent to or approval of any subsequent act. 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. 7.5 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. 7.6 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 8 77 for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Time is of the essence in the completion of the scope of services and associated tasks contained herein. Each maintenance task identified in Exhibit "B", Schedule of Performance, Location and Frequency shows a frequency of occurrence. These frequencies are identified by a letter, "A" through "J," and categorized as either"regular," "periodic,"or"occasional," as shown on the schedule below. Tasks A through E are considered regular, tasks F through H are considered periodic, and tasks I though J are considered occasional. If an individual task is not performed correctly or within required time lines, Contractor shall be considered to be in default. Once considered in default, liquidated damages may be assessed against Contractor on a per-task, site-specific location basis until the default is corrected. The assessment shall be: A. Fifty Dollars ($50)per occurrence for regular tasks, tasks A-E of Schedule; B. Two Hundred Fifty Dollars ($250) per occurrence for periodic tasks, tasks F-H of Schedule; and C. Two Thousand Five Hundred Dollars ($2,500) per occurrence for occasional tasks. In the event of a default after the first ninety (90) days of the contract, the above liquidated damages shall be assessed for failure to complete any individual task. A ninety (90) day grace period is permitted to facilitate phasing in of the schedule. For regular tasks, after the third written notice of violation, damages may be assessed for all violations thereafter concerning such task, with or without prior notice of violation. For periodic or occasional tasks, written notice shall be given of the violation with a)three(3)days to cure for periodic tasks and b) five (5) days to cure for occasional tasks. Liquidated damages shall be assessed if the default is not cured in a timely manner as mutually agreed to by both parties. The assessment will be doubled after eight (8) violations for regular tasks, after three (3) violations for periodic tasks and after each violation for occasional tasks unless the violation is waived by the Contract Administrator for good cause. The doubling applies to the specific task and not the class or category. Contractor shall not be found in default for regular or periodic level tasks for the first ninety (90) days of the Contract to allow the Contractor sufficient time to retain adequate staff and become adjusted to the various job.functions and sites within the city, although Contractor shall be given notice of all violations after Contract commencement. The ninety (90) day grace period does not apply to occasional tasks at anytime during the Contract The City may withhold from any monies payable on account of.services performed by the Contractor any accrued liquidated damages. If liquidated damages assessed by the City against the Contractor exceed Five Thousand Dollars ($5,000) over any three (3) month period or Ten Thousand Dollars ($10,000) in any fiscal year beginning in July of each year, Contractor shall not be eligible for a cost-of- living increase(as defined in Section 2, Compensation)in the following fiscal year. 9 78 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days' .written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Administrator. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon one hundred twenty (120) days'written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Administrator. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Administrator thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Administrator, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. if termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10. Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be enti led to reasonable attorneys fees. Attorney's fees shall include attorneys fees on any appeal, and in addition a party entitled to attorneys fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that 10 79 it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 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 against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Administrator, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 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 a 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 are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is.duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. (SIGNATURES ON NEXT PAGES) 19 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL: CALIFORNIA By: Date: City Clerk APPROVED AS TO FORM: Agreement No. By: City Attorney Date CONTENTS APPROVED By City Engineer Date By City Manager Date 12 81 Corporations require two notarized signatures: One signature must be from 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. CONTRACTOR: Name: Check one:_Individual_Partnership _Corporation Address: By: By. Signature(notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary; Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of L State of C County of ❑ss County of I ss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s)acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 13 82 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside,California, hereinafter called the"City,"in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as speed or indicated in the Contract Documents entitled: PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be fumished, or changes in the time of completion, which may be made pursuant to the terms of Said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this day of 12013. CONTRACTOR: (Check one:_individual,partnership,_corporation) (Corporations require two signatures;one from each of the following groups:A,Chairman of Board,President,or any Vice President;AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By SURETY: Signature(NOTARIZED) Print Name and Title: By By Signature(NOTARIZED) Tile (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Print Name and Title: PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES PERFORMANCE BOND 04/18/2013 BONDS AND AGREEMENT-PAGE 19 83 PAYMENTBOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of. dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: PARKS AND PARKWAYS LANDSCAPE MAINTENANCE SERVICES NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PARKS AND PARKWAYS LANDSCAPE PAYMENT BOND MAINTENANCE SERVICES BONDS AND AGREEMENT-PAGE 20 04/1 W2013 84 PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this day of 2013. CONTRACTOR: (Check one:_individual, partnership, _corporation) (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) - PARKS AND PARKWAYS LANDSCAPE PAYMENT BOND MAINTENANCE SERVICES BONDS AND AGREEMENT-PAGE 21 04I18/2013 - 85 CERTIFICATE OF INSURANCE THIS CENTIFWATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS Ix1 0001 TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE ARRAFrAMP COMPREHENSIVE GENEIAL LIABILITY Including: ❑ E%H.OSIDN AND COLLAPSE BODILY INJURY 5 5 ❑ NIDERGMOUND DAMAGE $ $ ❑ PROPERTY DAMAGE yHODUCTSMOMPLETEDOPERATIONS ❑ CONTRACTUAL INSURANCE m ❑ BROAD V'i PROPERTY OAAUGE ❑ INOE MB CONTRACTORS BODILY INNNY AND ❑ PRpPERTY $ 5 PERSONAL RuuRv DAWGE COMBINED PERSONAL INJURY if COMPREHENSIVE AUTOMOBILE BODILY INJURY LAMU" EACH PERSON $ Including: EACH ACCIDDI T ❑ Owi 5 ❑ PROPERTY DAMAGE HIRED ❑ NON-OWNED m ❑ MOTORCARF ER ACT GODLY INJURY ANDFRDFRJDY $ DAMAGE COMBINED EXCESS LIABILITY GODLY INJURY Including: ANDPMOFERTY ❑ OANAGE COMBINED $ BA0.0vER'B LIABILDY WORKER'S COMPENSATION STATUTORY sod EMPLOYER'S LIABILITY Including: EL $ REACH ❑ LONG SHORVAEN'S AND ACCIDENTI HARBOR WDRKERS OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF PALM SPRINGS The undersigned certifies that he or she Is Me representative of the above-named'esumrce companies,that he or she has the autMrity to envwre and issue this canificaTe to Certificate Holder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and are in farce at this time. Notwithstanding any requirement term,or condition of any Contract or other document with respect to which this certificate may be Issued or may ptur ,in,the insurance afforded by the policfor described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,or alter the coverage afforded by the policies listed, Cancellation: Should any of the above descrbed policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice - to the below-named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY PARKS AND PARKWAYS LANDSCAPE CERTIFICATE OF INSURANCE MAINTENANCE SERVICES AGREEMENT AND BONDS-PAGE 22 04/18/2013 C q 7