Loading...
HomeMy WebLinkAboutA5299 - KIRKPATRICK LANDSCAPING SERVICES - PARKS LANDSCAPING MAINTENANCEi� KIRKLAN-01 MKAISE ACORo CERTIFICATE OF LIABILITY INSURANCE D"TEIMMDD"YyY' e„rarnnnA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poltcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(sl. PRODUCER License 4 OC36861 CONTACT NAME: Alliant Insurance Services, Inc. RECEIVED (AICDNNo, Ext): ja�C, Nol:(949) 756-2713 18100 Von Karmen Ave 10th FI Irvine, CA 92612 ADDRIESS: SEP 16 2024 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Greenwich Insurance Company 22322 INSURED Kirkpatrick Landsc QFSFICE OF THE CITY CLERK INSURERB:XLSpecialty Insurance Company 37885 INSURER c: Palomar Specialty Insurance Company 20338 Services Inc 43-762 North Jackson INSURER D Indio, CA 92201 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER- REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUIR POLICY NUMBER POLACY EFFDIYYYY, POLMillICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000, CLAIMS -MADE X OCCUR NPC-1006376-02 911/2024 9/1/2025 DAMAGE TO RENTED PREMISES (Ea oca rence) $ 100,000 X Pest(Herbicide Endt 5,000 MED EXP (AM one person) $ 1,000,000 PERSONAL B ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2.000,000, OTHER. S B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _- S 1,000.000 X ANY AUTO NBA-1006377-02 9/1/2024 911/2025 BODILY INJURY (Per person) $ OWNED SCHEDULED AU�gqT��O��S ONLY AUTOS BODILY BODILY INJURY (Par a:citlenq $ AUTOS ONLY AUTOS ONLY (PPQO.E de tDAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 EXCESS LIAB CLAIMS -Ail NEC-6006991-02 9/1/2024 9/1/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ C WORKERS COMPENSATION x STATUTE EERH AND EMPLOYERS' LIABILITY YIN PSIC1301903 7/1/2024 711/2025 1,000,000 ANYPROPRIETORIPARTNDED' UTIVE Y NIA EL EACH ACCIDENT $ QFFICERIM MgER EXCLUDED' 1'ODD'00B 1^a^���^NN) E. L. DISEASE - EA EMPLOYEE $ N yeS describe under, 1 000,000 DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be a^ached it more space is required) Proof of insurance. City of Palm Springs Procurement Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR) REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KIRKLAN-01 MKAISE A� Ro CERTIFICATE OF LIABILITY INSURANCE DA8130/2024 MMtDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementisl. PRODUCER License # OC36861 CpNTACT Alllant Insurance Services, Inc. 8100 o Kaman Ave loth Fl NAME: PHONE FAX (�, No, EXL): (AIC, N.P(949) 756-2713 [mine, CAEMAIL 2612 RECEIVED ADDRESS: SEP 1 1 2024 INSURER(S) AFFORDING COVERAGE NAICp INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B:XLSpecialty Insurance Company 37885 Kirkpatrick Landsca ICE OF THE CITY CLERK INSURER C: Palomar Specialty Insurance Company 20338 Services Inc 43-752 North Jackson INSURER D : Indio, CA 92201 INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP T TYPE OF INSURANCE POLICY NUMBER I UNITS A X COMMERCIAL GENERAL LIABILITY 1'000'000 EACH OCCURRENCE $ CLAIMS -MADE X OCCUR NPC-1006376-02 91112024 9/1/2025 DAMAGET(ERENTED 100,000 $ X PesUHerbicide Endt 5,000 MED EXP(Ary one person) $ PERSONAL & ADV INJURY _ $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICY JELQT LOC PRODUCTS-COMP/OP AGO $ 2.000,000 OTHER: _. B AUTOMOBILE LIABILITY COMBINED BIOMBINNED SINGLE LIMIT $ 1.000,000 X ANY AUTO NBA-1006377-02 9/1/2024 9/1/2025 BODILY INJURY (Perperson) 3 OWNED OWNED SCHEDULED SCHEDULED DUL ONLY BODILY INJURY (Per acci m) $ p HMS AUTOS DAMAGE ONLY ONLY (PfRerOacciaen$ A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 51000,000 EXCESS LAB CLAIMS -MADE NEC-6006991-02 9/1/2024 9/1/2025 AGGREGATE $ 5,000'000 DED X RETENTION$ O C WORKER$ COMPENSATION X PER OTH- ANDEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEPoEXECUTWE YIN PSIC1301903 7/112024 7/1/2025 STATUTE ER 1,000,000 ��FFICERIMEMQ1 EXCLUDED? Y NIA EL EACHACCIDENT $ (MaM»Arym ) E.L. DISEASE -EA EMPLOYEE S 1,000'000 XYea desr+ibeu^der DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ - 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be anachad if more space is'"uired) Proof of insurance. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs Procurement Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E. Tahquitz Canyon Way ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE ACVKD 25 (2015103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD /1 KINKLAIN-UT - - '`�` CERTIFICATE OF LIABILITY INSURANCE DATE 20 24 D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen! s . PRODUCER License# OC36861 CONTACT NAME: Alliam Insurance Services, Inc. PHONE FAA 18100 Von Karmen Ave 1Oth FI WC, No, E.D: (AIC, Nek(94) 7W-2713 Irvine, CA 92612 ADpRLSS: RECEIVED INSURER(S) AFFORDING COVERAGE _ NAICR INSURERA: Greenwich Insurance Company 22322 INSURED .JUL Q 1 2024 INSURERB:XL Specialty Insurance Company __ 37885 Kirkpatrick Landscaping INSURER C: Palomar Specialty Insurance Company 20338 Services Inc rA 43-752 North JackscOFFICE OF THE CITY CLERWNSURER D: Indio, CA 92201 INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0lSR TYPE OF INSURANCE IAODL SUER' RED VINDppl(CY NUMBER POLICY EFF POLICY EXP LIMIB A 1000,000 EACH OCCURRENCE�-. ' NPC-1006376-01 91112023 9/1/2024 DMMGE TO RENTEDCLAIMS-MADE�IOCWR ]XCOMMPFtClALGENE�LWULffY PREMISES(Esoccenence)100,000 PestMerblCide Endf 5,000 MED EXP (Any one person) . S PERSONAL B ADV INJURY IS 11000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE It 2,000,000 X POLICY L _I JECT L LOC PRODUCTS-COMPIOPAGG I S 2,000.00 OTHER: B AUTOMOBILE LIABRITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) . S -- X: ANYAUTO NBA-1009377-01 911/2023 9/112024 BODILY INJURY (Per person) $__ _. OWNED SCHEDULED - AUTOS ONLY AUTOS SSWNEp BODILY INJURY (Par acodent), $ AUTOS ONLY AUTOS ONLY P.'e EcclOe t7 AGE (P.'.. A UMBRELLA WlB X OCCUR EACH OCCURRENCE - $10001000 X EXCESS LM CLAIMS -MADE NEC-MG991-01 9/112023 911/2024 AGGREGATE 5,000,000 _ DIED I X I RETENTIONS 0 __ _ C WORKERS COMPENSATION X PETSTATUTE ERH I AND EMPLOYERS' LIABILITY YIN P31C1391993 71112024 71112025 1,9D9,99D IP ANY PROPRIETORARTNERIEXECUTvE IYI OFFICERRAEMBER EXCLUDED? In NH) MIA E.L. EACH ACCIDENT S 1,000,000 (Msnd ory EL DISEASE-EAEMPLOYEE S If yes. desaibe under 1,000,000 DESCRIPTION OF OPERATIONS E.L. DISEASE POLICY LIMIT r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AGORD 101, A Manal Remarks SchedUla, may be amclntl N mom space k r Ired) Proof of insurance. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Palm Springs Procurement Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORIZED REPRESENTATNE ACORD 25 (2016103) m 1988-2015 ACORD CORPORATION. All right: reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 2 Kathie Hart From: Kathie Hart Sent: March 21, 2008 11:17 AM To: Vicki L. Oltean Subject: RE: Kirkpatrick Landscaping -Agreement No. 5299 Tracking: Recipient Delivery Vicki L. Oltean Delivered: 03/21/08 11:17 AM 1 y YIPPPE do No wonder they stopped sending us the certs. O Twill then close this file. Thank - have a good Easter. A� Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahquitr Canyon Way Palm Springs CA 822G2 Kathie HartC�polmsprings-tagov Cf6ce (750)223-8206 + From: Vicki L. Oltean Sent: March 21, 2008 11:15 AM To: Kathie Hart Subject: RE: Kirkpatrick Landscaping - Agreement No. 5299 Kathie, The City no longer has an agreement with Kirkpatrick Landscaping....last July we amended Merchants Landscaping agreement and they took over the area that Kirkpatrick was maintaining. Vicki Oltean From: Kathie Hart Sent: Friday, March 21, 2008 10:53 AM To: Vicki L. Oltean Subject: Kirkpatrick Landscaping - Agreement No. 5299 In reviewing this agreement, it has come to our attention current certificates of insurance is needed. All the certificates on file have expired, except for workers compensation. Regarding the workers comp, waiver of subrogation is required as per pages 5-7 of the signed agreement. Please request certificates of insurance from them. Thx! 03/21/08 KirKpauick Landscaping Svcs. Parks Landscaping Maint. AGREEMENT #5299 MO 7868, 6-7-06 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR PARKS LANDSCAPE MAINTENANCE SERVICES THIS CONTF�CT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this ?00 day of . 04V 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City")and Kirkpatrick Landscaping Services, Inc., (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 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. g (DR, ''G'n0Nd"1L BiI') �Rf ��3C3 y t"taavl,n5kl y t 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 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 Officer. 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 City's own negligence. 1.7 Further Responsibilities 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 Officer 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 Officer. 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. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"attached hereto as Exhibit"B"and incorporated herein bythis reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this ,Agreement, the provisions of Exhibit "B" shall govern. 2 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 five hundred eighty five thousand, four hundred fifty dollars and five cents ($585,450.05) 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 Officer 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 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 (1 st) 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. 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 "D", 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 Officer, 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 3 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 Officer in writing of the causes of the delay. The Contract Officer 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 Officer such delay is justified. The Contract Officer'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, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1)yearfrom the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 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: Steven J. Kirkpatrick, President 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 Officer. The Contract Officer 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 Officer 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 Officer. Unless otherwise specified herein, any approval of City required (hereunder shall mean the approval of the Contract Officer, The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a 4 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 orentities 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 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: 5 (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. (d)Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit "B". 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 Officer. 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 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 indemnify 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 6 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 orwillful 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 anyjudgment 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. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond 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 bond 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 "A" 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 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 Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer 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 Officer 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 Officer to evaluate the performance of such services. The Contract Officer 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 Ownership 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 Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights 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 priorwritten approval of the Contract Officer. s 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 party'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 orfailing to perform Contractor's obligation underthis 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 frorn 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's 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 party'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 9 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 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. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of See Exhibit `B" ($_) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed bythe Contractor any accrued liquidated damages. 7.8 Termination Priorto 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 Officer. 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 Officer. 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 Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, 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 treasonable 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 10 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 entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's 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 officeror 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 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 Officer, 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 11 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) 12 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. - - - CITY OF PALM SPRINGS ATTEST: a municipal corporation yCCiark City Manager 61 , APPROVED AS ,6 FORM: APPROVED QV CIS ®�hlCl� r r UFZ� `l�trr`� �'�•a3b ��''�1 By: , City Attorney 13 CONTRACTOR: Kirkpatrick Landscaping Services Check one:_Individual_Partnership Corporation 43-752 N.Jackson Street P.O. Box 1807 Indio, CA 92201 Corporations require two notarized signatures,one from A and one from B;`AI Chairman of Board,President,or any Vice President: and B.''Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). By: By: Si ature(notarized) S' nature(notarized) � Name: ��e ZT �sJ Name: .<- < � Title: e�r�G+a.� Title: B" Address: Address: 'r-/?7 P.e; d n r State of C.OA State of 1 \'Q( �C County of t�PIss County of ' � ss Onb'Zt-C7Dbeforeme,`Zo(�A- Y.o[J1dn (�1 Vc- On (Q beforemeej AP � n T�1'(tr personally appeared -SWAjP_ 1 4• Ki':KORYY1b4 personally appearedNLuyI .1 . `./ or proved tome on the basis of y (or proved to me on the basis of� satisfactory evidence) to be the person(-aj whose satisfactory evidence) to be the person(ej whose name(-,) is/ace-subscribed to the within instrument and name(-,) is/are subscribed to the within instrument and acknowledged to me that he/aHekl•iey executed the same acknowledged to me that he/s494; y executed the same in him r+lb 'r authorized capacity(resj, and that by in hisAgeAtlaeic authorized capacity(.iee} and that by his/haM4ieirsignature(s)•onthe instrument theperson(s), his/4evA43eirsignature(s)on the instrumentthep'erson(s), or the entity upon behalf of which the person(•e)-acted, or the entity upon behalf of which the person(st acted, executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. (Votary Notary Signature: Signature: �. Notary Seal: Notary Seal: ROBERTROYSTON COMM.#16CALIF ROBERTROYSTON X NOTARY PUBLIC.CALIFORNIA� 3 RIVERSIDE COUNTY COMM.#1660926 - Commission ExiresAPRIL25,2010+ NOTARY PUBLIC•CALIFORNIA� RIVERSIDE COUNTY Commission Ex ire-,APRIL 25,2010+ 14 EXHIBIT "A" SCOPE OF SERVICES PARKS 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; and maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City of Palm Springs for the identified Parks. 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 men; 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 Citywith seven (7) -day-per-week coverage, as required on each Task List. B. The superintendent, lead man and irrigation technician shall each have a two-way radio or cell telephone in their vehicles and be available for radio or telephone contact at all times during normal working hours to respond to calls and settle problems that may occur throughout the work day. The City shall provide the Contractor with one (1) two-way radio to be used during daily work hours to communicate with designated City employees and for emergency response to public safety calls. 15 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. All mowing shall be completed during normal work hours, Monday through Friday of each week, unless otherwise approved bythe Contract Administrator. E. One(1)full-time employee, orthe 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 non-routine, shall be accomplished throughout the day and work week, as specified in the Contract. Support Services: To accomplish the following tasks, which are not performed on a routine basis, and provide for a better distribution of manpower, Contractor shall bring in additional labor and equipment on an "as needed" basis and provide records of labor per job with appropriate invoices for payment: A. Annual planting; B. Aeration; C. Fertilizing; D. Overseeding; E. Verticutting; F. Tractor/skiploader work; G. Pesticide spraying; and H. Tree trimming. These services are technical in nature and the kind of equipment required is not the normal equipment for onsite landscape laborers to use. 16 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 forthe 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. 1.04 Contractor shall not work or perform any operations, particularly during periods of inclement weather, that may destroy or damage ground cover, athletic orturf 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 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 17 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 Contractors name, address,the twenty-four(24)-hour on-call service telephone number, and that it is the Contractor for the City. 1.09 The term of this Contract shall be for three (3)years with two(2)additional two (2) year options, renewable at the discretion of the City Manager and mutual consent of the Contractor. 2. FACILITIES TO BE MAINTAINED 2.01 The park facilities to be maintained under the provisions of the Contract are located at the following addresses: 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. B. DeMuth Park (4365 E. Mesquite Ave.) 62.00 acres This is a neighborhood park with four (4) lighted ballfields, four (4) lighted tennis courts, one (1) multi-purpose field,three(3)playgrounds, two(2) restroom facilities, off-street parking, group picnic facilities, and mature trees. C. Desert Highland Park (480 N. Tramview Rd.) 17.58 acres D. 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. E. Ruth Hardy Park (700 Tamarisk) 21.31 acres This is a neighborhood park with lighted tennis courts, two (2) playgrounds, basketball court, volleyball courts, off-street parking, picnic and restroom facilities, and mature trees. F. Sunrise Plaza (401 S. Pavilion Way) 37.17 acres This is a neighborhood/regional park with baseball stadium, senior 18 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. G. 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. H. Palm Springs Dog Park and Municipal Co-Generation Complex 1.50 acres Located directly north of 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. I. Desert Highland Windbreak This windbreak starts at Gateway Drive and Pamela Drive and continues east and around park perimeter. J. Palm Springs Stadium and Cerritos Field (see "F" above) K. Desert Healthcare District "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. 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 19 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. Insurance and Indemnification Requirements: See sections 5.1 and 5.2 of Contract Services Agreement (pages 5 -7). C. Reporting Requirement: Contractor shall make available all certified payroll 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. 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. 3.03 Certification of Specialty-Type Maintenance When applicable, Contractor shall include those specialty-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 20 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 4.01 The Contract Administrator may, at his/her 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 unit pricing for tasks submitted with bid schedules, when applicable. 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 21 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. 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. B. Shrubs: Minor damage may be corrected by appropriate pruning. Major 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. Effluent Markings: As related to any area where effluent 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 22 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 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 23 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 members of the City Council. 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, using barricades or traffic cones to alert patrons of the 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 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: 24 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(1 st) 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 Administrator for specialty-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 all specialty-type maintenance 25 operations. Specialty-type operations are defined as: A. Fertilization; B. Turf renovation/reseeding; C. Micro-nutrients/soil amendments; D. Spraying of trees, shrubs or turf; E. Aesthetic tree pruning; F. Annual planting; and G. 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 considerthe 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. Shirts shall be worn at all times, buttoned and tucked into trousers. 26 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 Contract Administrator. As a minimum requirement, all maintenance and construction signs, lighting and barricading shall be in accordance with the State of California Department of Transportation's Manual of Traffic Controls for Construction and Maintenance Work Zones in force at the time of execution and during the term of this Contract. 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. 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 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 115.01 Contractor is prohibited from use of City facilities forthe conduct of any of its business interests that are outside the scope of the Contract. Contractor 27 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. USES 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. II. ONGOING MAINTENANCE TASKS 17. MOWING - OPERATION 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 28 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. 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 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. 29 19. CHEMICAL EDGING / DETAILING / WEED CONTROL - OPERATION 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. Priorto 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 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 30 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 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. 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 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. 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 31 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 stocked daily. 22. TRASH BIN REMOVAL - OPERATION 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 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. 24. PRUNING AND HEDGE TRIMMING - OPERATION 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. 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. 32 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 topiary work. 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: 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. 33 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 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, graffiti, 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. 25.05 Supplemental hand sweeping of parking lot corners and other parking lot areas shall be required in those areas inaccessible to power equipment. 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. 26. GRAFFITI ERADICATION AND CONTROL - OPERATION 26.01 Graffiti eradication and control shall include all surfaces within each designated maintenance area and may include, but not be limited to, the 34 following areas: A. Park offices, meeting/storage rooms, swimming pool buildings, all exterior wall surfaces; B. Park signs and park fountains; C. Wooden bridges and play structures; 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; I. Curbs in parking lots and on streets and drives; J. Trash barrels and receptacles; K. Benches, planters, trees, and seating areas; and L. Other surfaces within a park 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 instructed by the Contract Administrator. 35 27. PICNIC AREAS AND PAVILIONS MAINTENANCE - OPERATION 27.01 Picnic tables, benches, slabs, braziers and trash containers and receptacles shall be cleaned daily to ensure safe use by the public. 27.02 Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. Damaged benches shall be hauled to the City Corporate Yard for disposal. 27.03 Cooking grills, braziers, fireplaces and fire rings shall be inspected for general need of repair. 27.04 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. 27.05 Ashes, partially burned charcoal, garbage and leftoverfood in and around cooking and picnic facilities shall be removed. 27.06 The entire picnic area shall be kept free of broken glass, cans, pop tops, paper, etc. 28. PLAYGROUND EQUIPMENT - OPERATION 28.01 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. 28.02 Any equipment showing signs of wear, fatigue or otherwise presenting an unsafe condition shall be reported immediately to the Contract Administrator. 28.03 Special attention shall be given to low sand areas around play equipment. These sand areas shall be leveled by distributing sand 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. 28.04 During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. 28.05 The raking and distribution of sand 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. 28.06 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other harmful and unsightly debris. 36 29. AERIFICATION - OPERATION 29.01 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. 29.02 All turf areas shall be aerified twice annually during the growing season from April to August. 30. WATERING AND IRRIGATION SYSTEM MAINTENANCE 30.01 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. 30.02 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 weatherto 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. 30.03 Watering shall be regulated to avoid interference with any use of the facility's roadways, paving or walks. 30.04 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. 30.05 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. 37 30.06 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. 30.07 All ground cover areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken to not overwater in shady areas. 30.08 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. 30.09 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. 30.10 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 38 additional cost, to relocate the sprinkler heads to those areas within the facility identified by the Contract Administrator. J. Repairing and/or replacing the following items of the irrigation system with equal size and quality: quick couplers, automatic valves, gate valves, valves, automatic controllers, and back flow devices. K. Annual inspection of the back flow devices. 30.11 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. 30.12 Replacement of irrigation components shall be completed within twenty- four(24) hours of determining damage or inoperable irrigation components or as otherwise specified. 30.13 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. 30.14 The City has anticipated an estimated materials replacement cost of Two Thousand Dollars ($2,000) per month for irrigation system components as part of this Contract. This amount is intended to cover all properties, cumulatively, as identified in the attached Task List and Frequency Schedules. This expense shall be calculated in the unit cost for the fundamental task "Maintain/repair irrigation"on each Task List and shall total $2000 per month for all Task Lists combined. 30.15 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. 31. IRRIGATION SYSTEM OPERABILITY AND TESTING - OPERATION 31.01 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. 31.02 During the 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, 39 sidewalks, hard surface areas, 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. 31.03 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 31.04 Malfunctioning sprinkler heads shall be repaired or replaced within one(1) watering cycle. 31.05 Malfunctioning irrigation systems and equipment shall be corrected within two (2) hours of identification or following verbal notification. 31.06 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. 31.07 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. 31.08 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. 32. DRINKING FOUNTAIN MAINTENANCE - OPERATION AND FREQUENCY 32.01 Contractor shall maintain all interior and exterior drinking fountains by performing the following operations: A. Drinking fountains shall be cleaned and disinfected daily, seven (7) days per week, prior to 10:00 a.m. in all locations. B. Leaking fixtures, clogged or stopped-up drains and damaged fountains that cannot be repaired by tightening the fixture to stop the leak or unclogged by using a "plumber's helper" or a short snake to clear the drain shall immediately be reported to the Contract Administrator orally and thereafter in writing. For leaking fixtures, the water valve shall be turned off. 32.02 City shall be responsible for the repair or replacement of drinking 40 fountains and fixtures. Additional compensation may be authorized, at the discretion of the Contract Administrator, for the Contractor to perform said work. 33. FERTILIZATION - OPERATION AND FREQUENCY 33.01 All fertilizer/micronutrient shall be approved by the Contract Administrator prior to application. 33.02 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. 33.03 All turf areas shall receive fertilizer to the standard set forth in Parks Maintenance Standards established by the National Recreation and Parks Association (see attachments). All fertilizershall be inorganic, eithergranular 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. 33.04 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. 33.05 Application shall be accomplished by an appropriate broadcaster drop- style spreader at one-half (1/2) the recommended rate in two (2) perpendicular directions. 33.06 There are approximately one hundred two (102) total acres of area requiring fertilization within this Contract. 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. 34. TENNIS COURT AND BASKETBALL COURT MAINTENANCE 34.01 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 Part ll, Paragraph 25, and in accordance with the appropriate frequency of service. 35. SHRUB AND TREE CARE / PRUNING - OPERATION 35.01 Tree pruning 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 41 to a height of twelve feet (12') from surface. B. All dead and damaged branches and limbs shall be removed at the point of 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. 35.02 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. 35.03 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. 35.04 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; 42 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 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. 35.05 All structural weaknesses, such as split crotch or limbs and diseased or decayed limbs or severe damage, shall be reported to the Contract Administrator. 35.06 Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways. 35.07 All trimmings and debris shall be removed and disposed of offsite at the end of each day's work. 35.08 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. 35.09 The underlying canopy of all trees shall be maintained free or limbs and suckers to a height of twelve feet (12) above ground. 35.10 All olive trees shall be fully trimmed annually prior to the spraying operation identified in Paragraph 40.07. :35.11 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. 36. CULTIVATING - OPERATION 36.01 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. 43 37. RENOVATION / VERTICAL MOWING - OPERATION 37.01 Care shall be taken to avoid unnecessary or excessive injury to the turf grass. 37.02 Dislodged thatch shall tie swept or raked from the turf areas and placed in appropriate trash bins. 37.03 Standard renovating or vertical mowing-type equipment shall be used. 37.04 Vertical Mowing -Turf: Vertical mowing shall be done to remove thatch in turf areas to encourage healthy growth and maintain acceptable appearance. 37.05 Renovation - Turf: A. Renovation shall be done to the soil line and excessive thatch removed in 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. 38. TURF RENOVATION / RESEEDING - OPERATION 38.01 Parks to be overseeded and their approximate square footage are: Baristo Park (general turf) 29,670 sq.ft. DeMuth Park (general turf) 1,132,560sq.ft. DeMuth Park sports fields (sports turf) 696,960 sq.ft. Desert Highland Park (general turf) 370,376 sq.ft. Frances Stevens Park & medians (general turf) 79,060sq.ft. Ruth Hardy Park (general turf) 706,344 sq.ft. Sunrise Plaza and medians (general turf) 892,960 sq. ft. Palm Springs Stadium (sports turf) 122,500 sq.ft. Victoria Park (general turf) 320,512 sq. ft. Palm Springs Dog Park (general turf) 56,OOO sq.ft. Municipal Co-Generation Plant (general turf) 10,000 sq.ft. NOTE: It requires approximately 54,000 pounds of Pure Live Seed (PLS)to property overseed all turf areas as specified. Delivery invoices to ensure the application of adequate materials must be submitted to the Contract Administrator prior to the start of operations. 38.02 All areas shall be scalped, vertically mowed per Section 37 specifications 44 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. 38.03 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. 38.04 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. 38.05 Acceptable performance and turf renovation practices shall be at the sole judgment of the City. If adequate renovation is not performed within any turf area, Contractor may be required to redo any area, in whole or in part, to achieve the desired and intended result. This shall be done at the sole discretion of the City's representative or authorized designee. 38.06 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. 38.07 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. 38.08 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. 38.09 To compute seeding rates as required, the PLS method shall be used. This calculation is based upon determining viable seedlings by multiplying 45 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. 38.10 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. 38.11 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. 39. DISEASE / INSECT CONTROL - OPERATION 39.01 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. 39.02 The Contract Administrator shall be notified immediately of any disease, insects or unusual conditions that might develop. 39.03 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. 39.04 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. 40. PLANT MATERIALS - OPERATION 46 40.01 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. 40.02 Substitutions may be allowed but only with prior written approval by the Contract Administrator. 40.03 Nomenclature: Plant names used in the landscape plan of the area shall conform to "Standardized Plant Names'bythe American Joint Committee on Horticultural Nomenclature. In those cases not covered therein, the custom of the nursery trade shall be followed. 40.04 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 complywith 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/ortypical for variety and species and conform to measures specified in the Plant List. E. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Contract Administrator. 40.05 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. 40.06 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 47 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 ordiseased, overgrown, or in anyway do not reflect a high degree of care. Contractorshall 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. 40.07 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. 41. LOCKS AND KEYS 41.01 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-for-one exchange, locks that have been vandalized or are inoperable. 41.02 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. 48 41.03 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. 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. Forthose costs not provided for elsewhere, Contractor shall submit an estimate to the Contract Administrator prior to performing the task. 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 49 workers 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) man 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) man 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. Lincoln's Birthday - February 12 4. Presidents' Day - 3`d Monday in February 5. Memorial Day - Last Monday in May 6. Independence Day- July 4 7. Labor Day - 15t Monday in September 8. Veterans Day - November 11 9. Thanksgiving Day - 4th Thursday in November 10. 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 for in Exhibit "B" shall apply. The applicable Frequency Schedule shall be Frequency"J."The 50 ninety(90) day grace period (as defined in Exhibit"B") does not apply. 51 EXHIBIT "B" SPECIAL REQUIREMENTS PARKS Replace Section 7.7 of the Contract Services Agreement, LIQUIDATED DAMAGES with the Following: Time is of the essence in the completion of the scope of services and associated tasks contained herein. Each maintenance task identified herein 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 basis until the default is corrected. The assessment shall be: A. Fifty Dollars ($50) per occurrence for regular tasks; B. Two Hundred Fifty Dollars ($250) per occurrence for periodic tasks; and C. Two Thousand Five Hundred Dollars ($2,500) peroccurrence foroccasional 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 52 tasks at any time during the Contract. SCHEDULE 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 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 V. Compensation) in the following fiscal year. Replace Section 5.3 of the Contract Services Agreement , PERFORMANCE BOND, with the following: Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of two hundred thousand dollars ($200,000.00) , in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond 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 bond 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. 53 EXHIBIT "C" SCHEDULE OF COMPENSATION PARKS LANDSCAPE MAINTENANCE SERVICES 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 following amounts: PARK ANNUAL COST Sunrise Plaza $ 99,699.00 Baristo Park $ 5,530.25 DeMuth Park $227,029.70 Desert Highland Park $ 60,493.50 Desert Highland Windbreak $ 8,680.00 Frances Stevens Park $ 13,033.50 Dog Park & Co-Gen Complex $ 13,234.60 Ruth Hardy Park $ 80,536.00 Victoria Park $ 28,288.00 PS Stadium & Cerritos Field $ 28,224.00 Wellness Park $ 20,701.50 Grand Total Annual Cost, ALL Parks, Landscape Maintenance $ 585,450.05 Compensation for Parks maintenance services provided by Contractor shall be made on a monthly basis (total annual cost divided by 12) based upon receipt of acceptable invoices. Unit costs for individual tasks are identified on the attached pages from the Proposal document numbered "Page 51 of 167"through "Page 61 of 167"titled "Parks Fundamental Task List/Frequency Schedule/ Unit Cost Sheet". Total annual cost for each park is at the bottom of each unit cost sheet. Compensation for specialty tasks, both known and unknown, planned and unplanned, shall be billed separately per specialty task and submitted within seventy-two (72) hours following the conclusion of the task. Pricing for specialty tasks will be based upon the following hourly rates: SPECIALTY TASKS, HOURLY RATE $ 18.50 PER/HOUR. SPECIALITY TASKS, HOLIDAY HOURLY RATE $ 27.75 PER/HOUR. Annual CPI Adjustments: Depending upon performance based on criteria set forth in Exhibit "B", Liquidated Damages, Contractor's compensation may be adjusted annually each year in July, beginning in the year 2007. Annual cost-of-living adjustments, if earned, shall be based on the Consumer Price Index(CPI-W)—Urban Wage Earners and Clerical Workers, for Los Angeles-Riverside-Orange County, CA for the previous year ending in December. 54 EXHIBIT "D" SCHEDULE OF PERFORMANCE TERM: The term of this Contract shall be for three(3) years with two (2)additional two (2) year options, renewable at the discretion of the City Manager and mutual consent of the Contractor. FUNDAMENTAL TASK LIST / FREQUENCY SCHEDULE 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 55 PARKS FUNDAMENTAL TASK LIST I FREQUENCY SCHEDULE/UNIT COST SHEET (Detail) LOCATION: Sunrise Plaza FREQUENCY UNIT COST ANNUAL FUNDAMENTAL TASK SCHEDULE UNIT COST MULTIPLIER COST Aerity turf I-Bi-Annually 930.00 x 2 1,860.00 Apply pre-emergent herbicide-landscape areas H-Quarterly 460.00 x 4 1,840.00 Apply pre-emergent herbicide-turf areas J-Annually 1,900.00 x 1 1,900.00 Blow off courts D-Weekly 18.00 x 52 936.00 Blow off walks,curbs,gutters&hardscape D-Weekly 18.00 x 52 936.00 Clean drinking fountains A-Daily 2.00 x 365 730.00 Clean parking lots/trash enclosures E-Bi-Weekly 75.00 x 24 1,800.00 Clean picnic tables&barbecues B-Daily 5.00 x 365 1,825.00 Clean playgrounds/maintain sand areas A-Daily 5.00 x 365 1,825.00 Clean/service restrooms(Block House at Cerritos Field) Control nuisance pests D-Weekly 18.00 x 52 936.00 Cultivate beds D-Weekly 36.00 x 52 1,872.00 Empty trash receptacles/clean lids&ashtrays A-Daily 8.00 x 365 2,920.00 Fertilize ornamentals&annuals F-Monthly 155.00 x 12 1,860.00 Fertilize turf G-Bi-Monthly 650.00 x 6 3,900.00 Herbicide turf G-Bi-Monthly 320.00 x 6 1,920.00 Herbicide walks&landscape areas D-Weekly 37.00 x 52 1,924.00 Maintain ballfields-ongoing Maintain ballfields-routine Maintain/repair irrigation a-Daily 15.00 x 365 5,475.00 Pickup/remove litter&debris A-Daily 8.00 x 365 2,920.00 Plant annuals I-Bi-Annually 480.00 x 2 960.00 Power edge all areas E-Bi-Weekly 120.00 x 24 2,880.00 Power mow turf D-Weekly 325.00 x 52 16,900.00 Power-string trim all areas D-Weekly 75.00 x 52 3,900.00 Prepare athletic fields Prune/'trim/shape/stake trees D-Weekly 40.00 x 52 2,080.00 Rake/remove leaves D-Weekly 38.00 x 52 1,976.00 Remove graffiti B-Daily 2.00 x 365 730.00 Remove weeds/rake out sand landscape D-Weekly 18.00 x 52 936.00 Renovate/overseed turf J-Annually 13 500.00 x 1 13,500.00 Spray insecticides D-Weekly 18.00 x 52 936.00 Spray olive trees I-Bi-Annually 1,400.00 x 2 2,800.00 Spray pine trees H-Quarterly 350.00 x 4 1,400.00 Trim hedges/shrubs G-Bi-Monthly 325.00 x 6 1,950.00 Trim all trees J-Annually 9,500.00 x 1 9,500.00 Wash down outside corridors/passageways/around buildings D-Weekly 18.00 x 52 936.00 Wash off courts E-Bi-Weekly 39.00 x 24 936.00 PAGE TOTAL 99,699.00 PAGE TOTAL: $ 99,699.00 P- .p 51 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE I UNIT COST SHEET (Detail) LOCATION: BarlstD Park FUNDAMENTAL TASK FREQUENCY UNIT COST UNIT COST ANNUAL SCHEDULE MULTIPLIER COST Aedfy turf I-el-Annually 75:00 x2 . 150.00 Apply pre-emergent herbicide-landscape areas H-Quarterly 25.00 x 4 1 Q0.00 "Apply pre-emergent herbicide-turf areas J-Annually 150.00 x1 150.00 Blow off courts D-Weekly .2.00 x52 104.00 Blow off walks,curbs,gutters&hardscape D-Weekly 1.001 x 52 2 .00 Clean drinking fountains A-Daily .25 x 365 91 25 Clsan parking lots/trash enclosures n a Clean picnic tables&barbecues B-Daily .30 x 365 .109.50 Clean playgrounds maintain sand areas A-Daily .30 x365 109.50 Clean/service restrooms n/a Control nuisance pests D-Weekly 1.00 x 52 52.00 Cultivate beds D-Weekly 3.00 x 52 156.00 Empty fresh receptacles/dean lids&ashtrays A-Daily .50 x 365 182.50 Fertilize ornamentals&annuals F-Monthly 8.00 x 12 96.00 Fertilize turf G-BI-Monthly - 25,00 x 6 150.00 Herbicide turf G-BI-Monthly 17.00 x 6 102.00 Herbicide walks&landscape areas D-Weekly 2,00 x 52 104.00 Maintain ballfields-ongoing n/a Maintain ballfields-routine n/a Maintain/repair Inigatlon B-Daily 1.00 x 365 365:00" Pickup/remove filter&debris " A-Daily '.30 x 366 109.50 Plant annuals I-el-Annually 25.00 x2 50.00 Power edge all areas E-BI-Weekly 6.50 x 24 156.00 Power mow turf D-Weekly 23.00 x 52 1,196.00. 1 Power-string trim all areas D-Weekly 4.00 x,52 2 08.00 Prepare athletic fields n/a Prune%trim/shape/stake bees D*-Weekly 3.00 x 52 15 6.00 Rake/remove leaves 0-Weekly 1.00 x 52 99.00 Remove grafitl B-Dally .20' x 365 73.00 Remove weeds/rake out sand landscape D-Weekly x52 104,00 Renovate I overseed turf J-Annually 360.00 x1 360.00 Spray InseWoides D-Weekly 1.00 x 52 Spray olive bees I-BI-Annually 80.00 x2 160.00 Spray pine treds H-Quarterly x4 Trim tredges/shndee. G-BI-Monthly 50.00 x6 300:00 Trim all trees J-Annually 360.00 x1 360.00 Wash down outside corridors/passageways,/around buildings n/a Wash off courts E-BI-Weekly 5.00 x 24 PAGE TOTAL 5 530.25 PAGE TOTAL: s 5.530.25 Page 52 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/ UNIT COST SHEET (Detail) LOCATION: DeMuth Park FUNDAMENTAL TASK FREQUENCY UNIT COST UNIT COST ANNUAL SCHEDULE MULTIPLIER COST' Aerify turf I-Bi-Annually 2,230.00 x2 4,460.00 Apply pre-emergent herbicide-landscape areas H-Quarterly 1, 120.00 x 4 4,480.00 Apply pre-emergent herbicide-turf areas J-Annually 4,500.00 x1 4,500..00 Blow off courts D-Weekly 40.00 x 52 2,080.00 Blow off walks,curbs,gutters&hardscape D-Weekly 40.001 x 52 2,080.00 Clean drinking fountains A-Daily 6.00 x 365 2,190.00 Clean parking lots/trash enclosures E-Bi-Weekly 188.00 x 24 .4,512.00 Clean picnic tables&barbecues B-Daily 12.00 x 365 4,380.00 Cleart,playgrounds/maintain sand areas A-Daily 12.00 x 365 4,380.00 Clean/service restrooms Control nuisance pests D-Weekly 43.00 x52 2,236.00 Cultivate beds D-Weekly 87.001 x 52 42524.00 Empty trash receptacles/clean lids&ashtrays A-Daily 19.001 x 365 6,935.00' Fertilize ornamentals&annuals F-Monthly 390.00 x 12 4,680.00 Fertilize turf G-81-Monthly 1,150.00 x 6 6,900.00 Herbicide turf G-Bi-Monthly 750.00 x 6 4,500.00 Herbicide walks&landscape areas D-Weekly 87.00 x 52 4,524.00 Maintain ballfields-ongoing E-Bi-Weekly Maintain ballfields-routine C-Daily Maintain/repair irrigation B-Daily 30.00 x 365 10,950.00 Pickup Y remove litter&debris A-Daily 18.00 x 365 6,570.00 Plant annuals I-Bi-Annually 1, 150.00 x2 2,300.00 Power edge all areas E-Bi-Weekly 270.00 x 24 6,480.00 Power mow ballfelds D-Weekly x 104 (2 times/week) 125.00 13,000.00 Power mow turf D-Weekly 525.00 x 52 27,300.00 Power-string trim all areas D-Weekly 125.00 x 52 6,500.00 Prepare athletic fields C-Daily Prune/trim/shape/stake trees D-Weekly 85.00 x 52 4,420.00 Rake/remove leaves D-Weekly 85.00 x 52 4,420.00 Remove graffiti B-Daily 6.00 x 365 2,190.00 Remove weeds/rake out sand landscape D-Weekly 44.00 x 52 2,288.00 Renovate/overseed turf J.Annually 19,000.00 x 1 19 000.00 Spray insecticides D-Weekly 44.00 x 52 2 288.00 Spray olive trees I-Bi-Annually 3.400.00 x2 6,800.00 Spray pine trees H-Quarterly 1 ,700.001 x 4 6,800,00 . Trim hedges/shrubs G-Bi-Monthly 1,150.00 x 6 6,900.00 Trim all trees J.Annually 27,014. 70 x1 27 014.70 Wash down outside corridors/passageways/around buildings D-Weekly 44.00 x 52 2 2 Wash off courts E-Bi-Weekly 90.00 x 24 PAGE TOTAL 227,029.70 PAGETOTAL: $ 227,029_70 P-aA 53 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/ UNIT COST SHEET (Detail) LOCATION: Desert Highland Park FREQUENCY UNIT COST ANNUAL FUNDAMENTAL TASK SCHEDULE UNIT COST MULTIPLIER COST Aerity turf I-Bi-Annually 635.00 x 2 1,270.00 Apply pre-emergent herbicide-landscape areas H-Quarterly 320.00 x 4 1,280.00 ApOvPre-emergent herbicide-turf areas J-Annually 1,280.00 x1 1,280.00 Blow off courts D-Weekly 12.00 x 52 624.00 Blow off walks,curbs, gutters&hardscape D-Weekly 12.001 x 52 624.00 Clean drinking fountains A-Daily 1. 75 x 365 638.75 Clean parking lots/trash enclosures E-Bi-Weekly 52.00 x 24 1,248.00 Clean picnic tables&barbecues B-Daily 3.00 x 365 1,095.00 Clean playgrounds/maintain sand areas A-Daily 3.00 x 365 1,095.00 Clean/service restrooms Control nuisance pests D-Weekly 12.00 x 52 624.00 Cultivate beds D-Weekly 25.00 x 52 1,300.00 Empty,trash receptacles/clean lids&ashtrays A-Daily 3.00 x 365 1,095.00 Fertilize ornamentals&annuals F-Monthly 110.00 x 12 1,320.00 Fertilize turf G-Bi-Monthly 430.00 x 6 2,580.00 Herbicide turf G-Bi-Monthly 215.00 x 6 1,290.00 Herbicide walks&landscape areas D-Weekly 25.00 x 52 1,300.00 Maintain ballfields-ongoing E-Bi-Weekly Maintain ballfields-routine C-Daily Maintain/repair irrigation B-Daily 6.00 x 365 2,190.00 Pickup/remove litter&debris A-Daily 5.00 x 365 1,825.00 Plant annuals I-Bi-Annually 325.00 x 2 650.00 Power edge all areas E-Bi-Weekly 80.00 x 24 1,920.00 Power mow turf D-Weekly 225.00 x 52 11,700.00 Power-string trim all areas D-Weekly 37.00 x 52 1,924.00 Prepare athletic fields C-Daily Prune/trim/shape/stake trees D-Weekly 25.00 x 52 1,300.00 Rake/remove leaves D-Weekly 25.00 x 52 1,300.00 Remove graffiti B-Daily 1. 75 x 365 638.75 Remove weeds/rake out sand landscape D-Weekly 13.00 x 52 676.00 Renovate/overseed turf J-Annually 7,800.00 x 1 7,800.00 Spray insecticides D-Weekly 12.00 x 52 624.00 Spray olive trees I-Bi-Annually 970.00 x 2 1,940.00 Spray pine trees H-Quarterly 480.00 x 4 1,920.00 Trim hedges/shrubs G-Bi-Monthly 325.00 x 6 1,950.00 Trim all trees J-Annually 2,200.00 x 1 2,200.00 Wash down outside corridors/passageways/around buildings D-Weekly 12.00 x 52 624.00 Wash off courts E-Bi-Weekly 27.00 x 24 648.00 PAGE TOTAL •. 60,493.50 PAGETOTAL: $ 60,493.50 PaoP 54 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/UNIT COST SHEET (Detail) LOCATION: Desert HIShland Windbreak FUNDAMENTALTASK FREQUENCY UNIT COST UNITCOST ANNUAL SCHEDULE MULTIPLIER COST Aerify turf Apply pre-emergent herbicide-landscape areas Apply pre-emergent herbicide-turf areas Blow off courts Blow off walks,curbs,butters&hardscape Clean drinking fountains Crean parking lots Clean picnic tables&barbecues Clean playgrounds/maintain sand areas Clean/service restrooms Control nuisance pests Cultivate beds Empty trash receptacles/dean lids&ashtrays Fertilize omamentals&annuals Fertilize turf Herbicide turf Herbicide walks&landscape areas Irrigate(manually) F-Monthly 270.00 x72 3,240.00 Maintain ballflelds-ongoing Maintain ballflelds-routine Maintain/repair irrigation Pickup/remove litter&debris F-Monthly 170.00 x12 2,040.00 Plant annuals PoNrer edge all areas Powermowturf Power-string trim all areas Prepare athletic fields Prune/trim/shape/stake trees Rake/remove leaves Remove gmffifi, Remove weeds/rake out sand landscape Renovate I overseed turf - Spray Insecticides Spray olive trees Spray pine trees Trim hedges/shrubs G-BI-Monthly 500.00 x 6 3,000.00 Trim all trees I-BI-Annually 200 x 2 Wash down outside'coffldors/passageways/around buildings Wash off courts PAGE:TOTAL PAGE TOTAL: S 8,680..00 Page 55 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/UNIT COST SHEET (Detail) LOCATION: Frances Stevens Park FREQUENCY UNIT COST ANNUAL FUNDAMENTAL TASK SCHEDULE UNIT COST MULTIPLIER COST Aerifytort I-BI-Annually 198.00, x2 396.00 Apply pre-emergent herbicide-landscapeareas H-Quarterly 99.00 x4 396.00 /Tplypre-emergent herbicide-turf areas J-Annually 396.00 xt 396.00 Blow off courts n/a Blow off walks,curbs,gutters&hardscape D-Weekly 5.00 x 52 260.00 Clean drinking fountains n/a Clean parking lots/trash enclosures E-Bi-Weekly 11.00 x 24 264.00 Clean picnic tables&barbedues n/a Clean playgrounds/maintain sand areas n/a Clean/service restrooms n/a Control nuisance pests D-Weekly 4.00 x 52 208.00 Cultivate beds D-Weekly 5.001 x 52 260.00 Empty trash receptacles/dean lids&ashtrays A-Daily 1.35 x 365 492.75 Fertilize ornamentals&annuals F-Monthly 45.00 x 12 540.00 Fertilize turf G-Bi-Monthly 89.00 x6 534.00 Herbicide turf G-BI-Monthly 68,00 xfi 408.00 Herbicide walks&landscape areas D-Weekly 5.00 x 62 206.00 Maintain ballflelds-ongoing n/a Maintain ballfields-routine n/a Maintain/repair Irrigation B-Daily 2.001 x 365 730.00 Pickup/remove litter&debris A-Daily 1.00 x 365 365.00- Plant annuals I-BI-Annually 70.00 x2 . 140.Q0 Power edge all areas E-BI-Weekly 16,00. x 24 384.00 Power mow turf D-Weekly 45.00 x52 2,340.00 Power-string trim all areas D-Weekly 8„00 x52. 416.00 Prepare athletic fields rt/a Prune/trim/shape/stake trees D-Weekly 5.001 x62 260.00 Rake/remove leaves D-Weekly 5.001 x 52 260.00 Remove graffig B-Daily .351 x 365 12-7.75 Remove weeds/mks out sand landscape D-Weekly 2.501 x 52 130.00 Renovate/overseedturf J-Annually 1.600.00 x1 1,600.00 Spray Insecticides D-Weekly 2.50 x52 130.00 Spray olive trees I-BI-Annually 200.00 x 2 400.00 Spmy pine trees n/a Trim hedges/shrubs G-BI-Monthly 88.00 x6 528.00 Trim all trees J-Annually 600.00 x 1 600.00 Wash down outside corridors/passageways/around buildings D-Weekly" 4.00 x 52 208.00 Wash off courts n/a PAGE:TOTAL 13 033.50 PAGETOTAL: $ 13.033.50 Page 56 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/UNIT COST SHEET (Detail) LOCATION: Palm Springs Dog Park & Municipal Co-Gen Complex FUNDAMENTAL TASK FREQUENCY UNIT COST UNIT COST ANNUAL SCHEDULE MULTIPLIER COST Aerify turf H-Quarterly x 4 4 Apply pre-emergent herbicide-landscape areas H-Quarterly 50 . 00 x4 200 . 00 Apply pre-emergent herbicide-turf areas J-Annually 300 .00 x1 300 . 00 Blow off courts Blow off walks,curbs,gutters&hardscape A-Daily . 50 x 365 182 . 50 Clean drinking fountains A-Daily . 50 x365 182 . 50 Clean parking lots/trash enclosures E-Bi-Weekly 10 . 00 x24 240 . 00 Clean picnic tables&barbecues D-Weekly . 80 x 52 41 . 60 Clean playgrounds/maintain sand areas Clean I service restrooms Control nuisance pests D-Weekly 2 . 00 x52 104 . 00 Cultivate beds Empty fresh receptacles/clean lids ashtrays A-Daily 1 . 00 x365 365 . 00 Fertilize ornamentals&annuals F-Monthly 12 . 00 x 12 144. 00 Fertilize:turf F-Monthly 50 . 00 x 12 600 . 00 Herbicide turf G-Bi-Monthly 24 . 00 x 6 14 Herbicide walks&landscape areas D-Weekly 2 . 00 x 52 104 . 00 Maintain ballfields-ongoing Maintain ballfields-routine Maintain/repair irrigation B-Daily 2 . 00 x365 730 . 00 Pickup/remove litter&debris A-Daily 1 . 00 x365 365 . 00 Plant annuals Power edge all areas E-Bi-Weekly 12 . 00 x 24 288 . 00 Power mow turf D-Weekly x 104 (twice weekly) 50 . 00 5 , 200. 00 Power-string trim all areas D-Weekly 8 x 52 416 - 00 Prepare athletic fields Prune/trim/shape/stake trees D-Weekly 6 . 00 x 52 312. 00 Rake/remove leaves D-Weekly 2 . 00 x 52 104. 00 Remove graffiti B-Daily . 40 x 365 146 . 00 Remove weeds/rake out sand landscape D-Weekly 2 . 00 x 52 Renovate I overseed turf J-Annually 950 . 00 x1 950, on Spray insecticides D-Weekly 1 . 00 x 52 52 . 00 Spray olive trees I-Si-Annually 180 . 00 x2 360 . 00 Spray pine trees Trim hedges/shrubs F-Monthly 50 . 00 x12 600 . 00 Trim all trees J.Annually 600 . 00 x1 600 . 00 Wash down outside corridors/passageways/around buildings Wash off courts PAGE TOTAL 13,234.60 PAGE TOTAL: $__I_a. 234. 60 Pan 57 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/ UNIT COST SHEET (Detail) LOCATION: Ruth Hardy Park FUNDAMENTAL TASK FREQUENCY UNIT COST UNIT COST ANNUAL SCHEDULE MULTIPLIER COST Aerify turf I-Bi-Annually 770.00 x 2 1,540.00 Apply pre-emergent herbicide-landscape areas H-Quarterly 385.00 x 4 1,540.00 Apply pre-emergent herbicide-turf areas J-Annually 1,550.00 x 1 1,550.00 Blow off courts D-Weekly 14.00 x 52 728.00 Blow off walks, curbs,gutters&hardscape D-Weekly 14.00 x 52 728.00 Clean drinking fountains A-Daily 2.00 x 365 730.00 Clean,parking lots/trash enclosures E-Bi-Weekly 64.00 x 24 1,536.001 Clean picnic tables&barbecues B-Daily 4.00 x 365 1,460.00 Clean playgrounds/maintain sand areas A-Daily 4.00 x 365 1,460.00 Clean('service restrooms Control nuisance pests D-Weekly 14.00 x 52 728.00 Cultivate beds D-Weekly 30.00 x 52 1,560.00 Empty itrash receptacles!clean lids&ashtrays A-Daily 6.00 x 365 2,190.00 Fertilize ornamentals&annuals F-Monthly 130.00 x 12 1,560.00 Fertilize turf G-Bi-Monthly 400.00 x 6' 2,400.00 Herbicide turf G-Bi-Monthly 260.00 x 6 1,560.00 Herbicide walks&landscape areas D-Weekly 30.00 x 52 1,560.00 Maintain ballfields-ongoing Maintain ballfields-routine Maintain/repair irrigation B-Daily 10.00 x 365 3,650.00 Pickup/remove litter&debris A-Daily 6.00 x 365 2,190.00 Plant annuals I-Bi-Annually 400.00 x 2 800.00 Power edge all areas E-Bi-Weekly 130.00 x 24 3,120.00 Power mow turf D-Weekly 180.00 x 52 9,360.00 Power-string trim all areas D-Weekly 45.00 x 52 2,340.00 Prepare athletic fields Prune/trim/shape/stake trees D-Weekly 30.00 x 52 1,560.00 Rake/remove leaves D-Weekly 30.00 x 52 1,560.00 Remove graffiti B-Daily 2.00 x 365 730.00 Remove weeds/rake out sand landscape D-Weekly 15.00 x 52 780.00 Renovate/overseed turf J-Annually 8,200.00 x 1 8,200.00 Spray insecticides D-Weekly 14.00 x 52 728.00 Spray olive trees I-Bi-Annually 1, 150.00 x 2 2,300.00 Spray pine trees Trim hedges/shrubs G-Bi-Monthly 390.00 x6 2,340.00 Trim all trees J-Annually 4,200.00 x 1 14 200.00 Wash down outside corridors/passageways/around buildings D-Weekly 14.00 x 52 728.00 Wash off courts E-Bi-Weekly 130.00 x 24 3,120.00 PAGE TOTAL 80 536.00 PAGE TOTAL: $ 80,536.00 P- e 58 n F]67 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/UNIT.COST SHEET (Detail) LOCATION: Victoria Park. FREQUENCY UNIT COST ANNUAL 'FUNDAMENTAL TASK SCHEDULE UNIT COST MULTIPLIER COST Aerify turf I-81-Annually 275.00 x2 550.00. Applypre-amergentherbicide-landscapeareas H-Quarterly 140.00 x4 560.00 Apply pre-emergent herbicide-turf areas J-Annually 560.00 x1 560.00 Blow off courts " n/a Blow off walks,curbs,gutters&herdscape D-Weekly 10.00 x 52 520.00 Clean drinking fountains . A-Daily .75 x 365 273.75 Clean parking lots/trash enclosures n/a Clean picnic tables&barbecues B-Deily 1.50 x 365 547.50 Clean playgrounds/maintain sand areas A-Daily 1.50 x365 547.50 eGki<a9fca5vkA,wafrooma-- -B--Dagy Control nuisance nuisance pests D-Weekly 5.00 x 52 260.00 CuMvate bads D-weekly 11.00 x 52 572.00 Empty trash'receptacles/clean lids ashtrays A-Daily 2.00 "x365 730.00 Fertilize ornamentals&annuals ' F-Monthly 45.00 x 12 5140.00 Fertilize turf G-BI-Monthly 240.00 - x6 1,440.00 Herbidde turf G-,BI-Monthly 140.'00 x e 840.00 Herbicide walks&landscape areas - D-Weekly 11.00 x 52 .572.00 Maintain ballfields-ongoing n/a Malntaln ballfields-routine. n/a Maintain/repair lnigadon B'-Daily 4.00" x365 1,460.00 Pickup/remove litter&debits A-Deily 3.00 x365 1,095.00 Plant annuals' 17BI-Annually 150.00 x2 300.00 Power edge all areas I E-BI-Weekly 35.00 x24 840.00 Power mow turf D-Weekly 81.00" x 52 4,212.00 Power-stdrig Irkn all areas D-Weekly 16.00 x52 832:00 Prepare athletic fields .n/a .Prune l Man/shape/stake"trees . D-Weekly 11.00 x52 " 572.00 Rake/remove leaves D-Weekly 11 00 x52 572.00 Remove graf ll .B-Dally .85 x 365 310.25 Remove weeds rake out sand'landscape D-Weekly 6.00 x52 -.312.00 Renovate/owrseed turf J-Annually 3,$00'.00 - x 1 3,800.00 Spray Insecticides D-Weekly 5.00 x52 260.00 Spray olive.trees 1-BI-Annually .425.00 x2 850.00 Spmy.pinetress H-Quarterly 225.00 x4 900.00 ' .Trim hedges lshrubs G-BI-Monthly 140.00 x a840.00 Trim 0 trees J-Annually 2,100.00 x 1 2,100.00 Wash down outside corridors 7 passageways/around buildings. D-Weekly 10.00 x 52 520.00 Wash off courts - I a . PAGE TOTAL .. 28,288.00 ' PAGE TOTAL: 28;288.00. . Page 59 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/UNIT COST SHEET (Detail) LOCATION: Palm Springs Stadium & Cerritos Field FUNDAMENTALTASK FREQUENCY UNIT COST UNIT COST ANNUAL SCHEDULE MULTIPLIER COST Aerify turf G-Bi-Monthly 205.00 x 6 1,230.00 Apply pre-emergent herbicide-turf areas J-Annually 1,650.00 x 1 1,650.00 Blow off grandstands D-Weekly Clean drinking fountains C-Daily 3.00 x 120 360.00 Clean dugouts D-Weekly Clean locker rooms Clean/service restrooms(I' &3b sidelines) Clean/service restrooms(center) Edge baselines,infield F-Monthly 69.00 x 12 828.00 Fertilize turf F-Monthly 140.00 x 12 1,680.00 Herbicide clay areas G-Bi-Monthly 69.00 x 6 414.00 Herbicide turf G-Bi-monthly 205.00 x 6 1,230.00 Maintain balifields-ongoing E-Bi-Weekly Maintain ballfields-routine C-Daily Maintain/repair irrigation C-Daily 15.00 x 120 1,800.00 Pickup/remove litter&debris C-Daily 11.00 x 120 1,320.00 Power edge all areas D-Weekly 32.00 x 52 1,664.00 Power mow turf - D-Weekly x 104 (2 times/week) 59.00 6,136.00 Power-string trim all areas D-Weekly 33.001 x 52 1,716.00 Prepare athletic fields As requested Remove graffiti C-Daily 4.00 x 120 480.00 Renovate/overseed turf J-Annually 5,200.00 x 1 5,200.00 Repair home plate D-Weekly Repair infield dirt F-Monthly Repair pitcher's mound D-Weekly Repair warning track F-Monthly Spray insecticides D-Weekly 8.00 x 52 416.00 Trim hedges/shrubs G-Bi-Monthly 210.00 x 6 1,260.00 Wash down outside corridors/passageways/around buildings F-Monthly 70.00 x 12 840.00 Wash grandstands E-Bi-Weekly PAGE TOTAL 28,224.00 PAGE TOTAL: $ 28,224.00 Page 60 of 167 PARKS FUNDAMENTAL TASK LIST/FREQUENCY SCHEDULE/UNIT COST SHEET (Detail) LOCATION: Desert Health Care District"Wellness" Park FUNDAMENTAL TASK 'FREQUENCY UNIT COST UNIT COST ANNUAL SCHEDULE MULTIPLIER COST Aedfy turf I-Bi-Annually 200.00 x 2 4 00 - Apply pre-emergent herbicide-landscape areas H-Quarterly 100.00 - x 4 400.00 Apply pre-emergent herbidde-turf areas J-Annually 400.00 x1 400.60 Blow off walks,curbs,gutters&hardscape D-Weekly 810 0 x 52 416.00 Clean drinking fountains A-Daily 70 x365 1 255.50 Clean parking lots E-BI-Weekly 35.00 x24 840.00 Clean picnic tables&barbecues B-Dally 1.25 x 365 456.25 Control nuisance pests D-Weekly 1.25 x52 65.00 Cultivate beds D-Weekly 9.00 x52 .468.00 Empty trash receptacles/dean lids&ashtrays A-Daily _ 1, 75 x 365 63 8. 75 Fedllize ornamentals&annuals F-Monthly 35.00 x 12 420.00 Fertilize turf G-BI-Monthly 180,00 x 6 1.080.00 Herbicide turf G-BI-Monthly . 80.00 x6 480.00 Herbicide walks&landscape areas D-Weekly 9.00 x 52 468..00 Maintain sand areas A-Daily 2.00 x365 730.00 MaV'ntaln/repair Irrigation B-Dally 3.00 ic365 . 1' 095.00 Pickup/remove litter&debris A-Daily 2.60 x365 730.00 Plant annuals I-BI-Annually 100.001 x2 200:00 Power edge all areas E-BI-Weekly _ 25.00 x 24 600.00 Power mow turf D-Weakly 60.00 x52 3,120.00 Powerstdng trim ail areas D-Weekly 12.00 x52 624.00 Prune/trim/shape/stake trees D-Weekly 8' 00 x 52 416.00 Rake/remove leaves D-Weekly 8.00 x 62 416.00 Rerrove,graffifl B-Daily .60 x365 Remove weeds/rake out sand landscape D-Weekly 4.001 x 52 208,00 Renovate/overseedturf J-Annually 2,800,001 xi 2 800.00 Spray Insecticides D-Weekly 3.00 x 52 156.00 Spray'aiive trees n/a Spray pine trees n. a . Trim hedges/shrubs G-Bi-Monthly 100.00( x6 600.00 Trim all trees I-BI-Annually 11000,00 x 2 Wash down outside corridors!passageways/around buildings n a PAGEETOTAL 20 701.50 r PA GE TOTAL: 520,701.50 Page 61 of 167 I OF PALM ISA4 W . . V . '4 C'�LI Fov( To: Office of City Clerk From: Office of Procurement & Contracting Subject: Kirkpatrick Landscaping Date: June 30, 2006 Attached are the following documents: 2 sets of Contract documents executed by Contractor and notarized 1 Performance Bond N/A Original Payment Bonds Confirmation of status of surety company Original Proposal Certificates of Insurance and endorsement for the required polices H:\USERS\WPPUBLIC\CONTRACT PROCESSING\Clerk transmittal Dokken.wpd BOND NO. 296582 PREMIUM: $17,564.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That KTRKPATRTGK LANDSCAPING SERVICES, INC. as Contractor, And U.S. SPECIALTY INSURANCE COMPANY 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: TWO HUNDRED THOUSAND DOLLARS ($200,000), 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 LANDSCAPE MAINTENANCE SERVICES, AGREEMENT#5299 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 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 such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 221xd day of JUKE 20 06 SURETY: CONTRACTOR: KIRKPATRICK LANDSCAPING SERVICES, INC. U.S. PECIAL 10E COMPANY �e Check One:_Individual,partnership_ By corporation_ti� / Si e - By: -_ ��� nature Title PAII. S" DTTO ATTOF,,N];,Y�ZN=FACT {{WOTARIZED) - - Title �nt Name&Title (SEAL AND NOTARIAL ACKNOWLEDGMENT �.� By: , /� � OF SIGNATURE OF SURETY) Signature NOTARIZED) Title �f /— 0 Print Name&Title (Corporations are required to provide two notarized 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). ;l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 Stale of CALIFORNIA County of ORANGE On JUNE 22, 2006 before me, EMILY PRECIADO, NOTARY PUBLIC DATE NAME,TR LE OF OFFICER-E.G.,',IANE DOE,NO rARY PunLIC., personally appeared PADL S. DITO NAME(5)or SIGNER(S) personally known to me - OR - CI proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their EMlLYPREClADq signature(s) on the instrument the person(s), cammtaslnot Calssl or the entity upon behalf of which the NWerq PubAc—Csliromla .�'-. LosAegatnuounty T person(s) acted, executed the instrument. QWC0=,EV1MJUM20.2006P WITNESS my hand and official seal. SIGNATURE OF NOTARY v OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND NO. 2.96582 TITLE OR TYPE OF DOCUMENT TI7LEI5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 91993 NATIONAL NOTARY ASSOCIATION•823E Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309,7184 III IIIII I l _— IIIII'lull'III' I _ IIIIIIIIII IIIIIIImI,lplll IIIIII!Il�ll�ll!I!I�I II I I I lull till 1'I IIIII II Illlllglll ¢gIIIIIIIIIVIIIm ll ul Iui lIu F IATT&NEY — — bonds issued on behalf of U.S.SPECIALTY INSURANCE COMPANY) Know All Men by These Presents That, U.S. SPECIALTY INSURANCE COM ( 0 any ) sc_UT*_a�,l organized and existing under the la of exas and having its prtncrpal o � I �I '' 'I 't,ns ComTexaeby III" tll 'till _ m In II h these pr�sents�nac-cnns€�fute an apt? �I IIIII V = — IVulllllo I�'�I Er3kl6hattssotr,Paul S.Dito,Kim Heredia,Edith Garibay,Paula La_Sal_te oraeniseeRenderos a©sa a-liferma tts trtte-and_lawful l }I �' I' Ll'il (IIIII with full - a--Vrts-ai�lwri herd conferred in its name lace and stead to execute ,����,� —lam -- ty y , _ P -- - _—= I — acknowledge-and de��, ,�ly�'�� �I' Il��bnds, recognizances, undertakings or other instruments or contracts of suretyship to _ dV, include riders, amendments, and consents of surety, providing thl bond penalty--::dffi�F A%xceed IIIIIII Four Mtlhon g I� 1 4,000,0(IG)=ice *�� bittd%aM*ui4aVMy as - *M�M�MM�aSMY+•R�%K**# t�k*#N�♦�kWM�M*M*�**## a ur fully ��ie sa Ixtent as tf such 6onds_were sr e' jIIII �� sealed elm orporate seal off e t ompany and duly att III bl lllr I I$eal 'I herebyM6fyutg and_6fffirmi � lit ,t d�ls li Attorney-in-Fact may do in the premises Said appointment is Jul ul er hrild' y authority of the following resolutions of the Board of Directors of the U. S $Ipecialt�� Id� Mi le Company. Be it Resolved, that the President any Vice-Presideti Assistam VieruPresldent,efaq-9cercta or-Iry-sslstant Sell�lrela� p brhereby vested withSult - p}owerand authority to a)>nsinkan-ct�r�cor ns_re suits sensrs e m�-s)m Fac_t o iepresental act h and on 6ehnl'Flb�, lmpany subject to the following 1 /'acr mayls�'-Cvemfultpmyiratt�authonty for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, an II bonds, (III III��II II I,I � � II��4'� an �s,contracts,agreements or indemnity and other conditions]or obligatory ��akings and any and all Itottces end docume�l 1111I'14r11'"11 ICI I��I It g the Company's liability thereunder,and any such instruments so executed r�Ispch.l' rI,yILy',r Fact shall be binding uport_th_c_Compa �11t ,g �I I'lt� 'I sident and seal d and effected 1b�1he Conomr rS-W u - IIIII I,,, � IIIIIII 11��� l l II (IIIII J ° Illlllll III _ — Befit sae hat lt�namre of=any=aurFio�zed_mf-flee and seal oil (,Company ell or hereafter affixed to any power of attorney or any certificate relating there NsTuptl _if artypower of dime or oertihoate hearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any boii Torundertaking to which n is attached (Adopted by unanimous written consent in lieu of meeting on July 7,2003.) In Witness Wherel U. S. SPECIALTY INSURANCE COMPANY has caused elpresen� o be signed by tts=5smor-Vice (IIIII VIII '! 111 President, and its corporate seal to be hereto affixed thri=-Rh day-o-f_ Sul 2004;�IlII IIIVI �h�'I III iiiillll IIIII' — IIIIIII I'Ilil ( �r�orc�ea2 _ 5crq�r -U.S. SPECIALTY INSURANCE COMPANY By �t�o -- - II, II IIIIIII — - _ = 6 fCahfQnna— — yu" .IIIIIII III IIIII I(III I�IIlll I Ilo'IlIl1',I'I _ O Courtji of Los Angeles as: II Robert F.Thomas,Senior VimPr-esideu� 1111 On-this 511 day�f April, ?iI�'I 11141 b'j'I'gll III,II'lllle I,pnally came Robert F Thomas,4'I�II I,hIt�'1I,II 11� lldl�,' %I o I Being by me duly sworn did depose and sayer=hatk�resides m'Lq, lles,Il.lm�abrnia, that-lterrs ��enior Vice President of U.S. SPECIALTY TNSURAN �III IIIm'1��( � IPA�ijJ III IIIIIIIIII e cgha described in and which executed the above instrume=that h�lcnos the seal--o smrL�oiw a that th I IY ] said instrument is suclhhl coup rate seal, that itrwasrismaf wit bIfeNd of Duedtnrs o£ e C n}nany; and Ent he signed his'-name th Ie,(IIIIIIIU811 l _ DEBORAH REESE Notary Seal SS CArnmWbn*+Y 1406149 �✓"� erNotPublic - --_- I�C, M'II 1k2yoiunvssian expo—[yr`c7i IKQl3 `°� to III (III I Illlllll ouuuli �' _ __ �,' 'I ''II IIIIIII qI IIIIIIIII IIIIIII ll - - — Illlllll Illl�l IIIIIIIII(III — _ IIIIIII III I Jeannie Kim,Assistant Secretar LijUM TY IN& ` - (III r_ PCFAZ URAYCL COMPANY, d'H(III, I`eIYIIIIce �r tt the above and foregoing I's a[rue an onestf6bi-0-£a Pogfflf`ff�e exbcuted Fs io iTConipa_l which is still in full force and effect; furthermore the solution h ] tai�--�- Dlectors,set otrt in the Power of Attorney are in full force and effect. II _ III lllm�'i ll6l III Il'n ss Whereof, ve hereunto set my handl llll liI61ffi!lF tIIielfid Ctp sea o saogany at Los An gl ll�'el Iu�+`7il III uIII IIIII'"4'I 2Zt a UII = 4luu� INIII 11 j �JIIITF — fr--- I — - - - Witness I ha - _ Illlllliuull � . IIIIVuIu��I, Corporate Seal SPEt.f,�Y� _ IIdII "'III IIIIIII I 'IIdIIIIV'' Wit, _ hill, e IIIIV m iA}}mC _ � v y-, / — Jeannie Kim Assistant ISecretary ul - 9652 =_ -- I� III I� III tl ,I I -BondLl �IIUIIIIIIuu � .IIIudVII �II _ POAIIIA10105 z ... uuun .:IIIIIIIIIII n, 14w. — - — III IIIIuuIII111491IIhl6lIN611 Ilu!119U"""Illlllllllllltli(IIIIIII II CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of 'Ti)� na County of d1/I n-01( I On before me l �� fl i R Iq.Af ., DATE NA TITLE OF OFFICER-E.O.,"JANE DOE,NOTARY PUBLIC" =a Personally appeared J_ l lo In SS • A A Li jV ie I� 'NAME(S)OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ,ir' e ��5t3r c�h� as � or the entity upon behalf of which the Euco-'�R�ol2cwa©unty person(s) acted executed the instrument. - `' - Eipirc-3 Jun 20,20Q6 6-� WITNESS my hand and official seal. "I SIGNATURE OF NOTARY i,rl fff/// OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ; " ❑ ATTORNEY-IN-FACT NUMBER OF PAGES P;� ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ' DATE OF DOCUMENT SIGNER IS REPRESENTING: , NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE j ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184 Best's Rating Center- Search Results Page I Page I of I z Ratfflff,Wter View Ratings:F—ina, Issuer Credit Securities Advanced Search Other WebCen[ers. Select One 7, Search Results Page 1 of I I Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with u s specialty To refine your search, please use our Advanced Search or view our Online Help for more information. Newseancli ru—sspeciaity ,View results starting with: A B C D E F G H I J K L M N 0 P Q R S T U V W X Y Z RerstW1 Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ AMB# w Company Name Rating I Implication Long-Term Implication T Short-Term Domicile 00747 U.S.Specialty Insurance company A+ Stable aa- Stable US.Texas (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0612912006 02:33 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR ratings. Denotes Under Review Best's Ratinps Visit Best's Rating Center for a complete overview of our rating process and methodologies. ------------ -­------------------- Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A M.Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright 0 2006 A M Best Company,Inc.All rights reserved A.M.Best Worldwide Headquarters,Ambest Road,Oldwlck,New Jersey,08858,U.S.A. litip://www.3.ambest.com/ratings/RatingsSearch.asp?AltSrc=9 06/30/06 acoR) , CERTIFICATE OF LIABILITY INSURANCE OP ID K DATE(MMIOD/KIRK P-1 06/19/0606 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OFINFORMATION Austin Cooper & Price ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE Ins Agency Inc (Lic-0546677) HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P O Box 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92413-3280 Phone: 909-886-9861 rax: 909-BB6-2013 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Peeriese Insux a C. (GOE) INSURER B. Redwood Fire I Cas Ins co ICYP Kirkpatrick Landscaping Services Inc INSURER P O BOX 1807 INsuRERO ]Indio CA 92202 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRO TYPE OF INSURANCE POLICY NUMBER POLICY DATE(MM/OD/YY)E DATE MM/DD/ri N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERALLIABILITV CBP9763296 09/Ol/05 09/Ol/06 pREMISEs(Eaoccurence) $ 100,000 CLAIMS MADE [X] OCCUR MED EXP(Any one person) $ 5,000 X Pest/Herbicide En PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $2,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 ODD DOD A X ANY AUTO CBP9763296 09/01/05 09/01/06 (Ea accident) ' ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACG $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND - - EMPLOYERS'LIABILITY X TORV LIMITS ER B ANY PROPRIETORIPARTNER/EXECUTIVE W5734181 07/01/05 07/01/06 EL EACH ACCIDENT $ 11000,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER A Property CBP9763296 09/01/05 09/01/06 see below if applies DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Operations pertaining to named insured of certholder. Certholde:r and its officers, employees & agents are add'1 insd as respects gen'1 liab per GEC9602 09/04. *30 day N O C except 10 day for non-payment of premium. CERTIFICATE HOLDER CANCELLATION CIPALDI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN City of Palm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Procurement Manager IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 REPRESENTATIVES. AUT OREVRES ATIVE ACORD 25(20101/08) ©ACORD CORPORATION 1988 Policy Holder: Kirkpatrick Landscaping Services Inc Policy Number: CBP9763296 Policy Effective Date: 09/01/05 COMMERCIAL LIABILITY GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the fallowing' COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTIONI -COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2 g 2) is replaced with the following 2.g 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you-temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III-Limits of Insurance. SECTIONI -COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of. a $10,000. or b The amount shown in the declarations. Coverage C Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary GECG 602 (09/04) Includes Lopynahted material oflnsmmnce Samces Offices Inc «ith its permission Paea I of t The following is added. COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses' incurred by you for the withdrawal of your products, provided that. a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result In "bodily Injury' or"property damage" and b. The"product recall notification expenses" are Incurred and reported to us during the policy period. The most we will pay for"product recall notification expenses" during the policy period is$100,000 SUPPLEMENTARY PAYMENTS -COVERAGES A AND B Item b and d, are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the Insured at our request to assist us in the Investigation or defense of the claim or"salt" including actual loss of earnings up to $500 a day because of time off from work. SECTION II-WHO IS AN INSURED Item 4. is replaced with: 4 Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if. a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided, and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to 'bodily injury'or"property damage'that occurred before you acquired or formed the entity, or"personal injury'or"advertising Injury"arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve(12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 is amended to Include. The General Aggregate Limit of Insurance applies separately to each 'location" owned by you, rented to you, or occupied by you with the permission of the owner GBCG 607 (09/04) Includes copyrighted marmal of Insurance Services OfFIceS Inc with 115 penmssion Page 7 of Paragraph 6. is replaced with the following.' 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage' to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage Incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000, or b. The amount shown in the Declarations. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a.rs replaced with: 2. :Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the 'occurrence', offense, claim, or "suit'. Knowledge of an 'occurrence', offense, claim or "suit' by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How,when and where the"occurrence" or offense took place; 2) The names and addresses of any Injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the"occurrence", offense, claim or"suit'. Item 4. It. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal Item B. is replaced with. S. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them GECG 602 (09/04) Includes coM righued material of Insurance Services Offices Inc with its permission Pane 3 of b If required by a written "insured contract', we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under that written "insured contract' for that person or organization and included in the"products-completed operations hazard". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of Cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state SECTION V- DEFINITIONS The following definitions are added or changed: 9. "Insured contract' a. Is changed to: a. A contract for a lease of premises However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner Is not an"insured contract'. 23 and 24 are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. 24 'Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS -BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization Is not entitled to any notices that we are required to send to the Named Insured and is an additional Insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you GGCG 602 (09/04) Includes copynehed material orinsurance Services Offices Inc will its penms'siou Page 4 of With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply a. Unless the written contract or agreement has been executed, or permit has been Issued, prior to the "bodily injury", "property damage' or"personal and advertising injury'; b. To"bodily injury' or"property damage' occurring after (1) All work, including materials, parts or equipment furnished in connection with such work, in the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the site of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To"bodily injury", "property damage" or"personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization Included as an insured under provision B. of this endorsement; f. To any person or organization included as an Insured by a separate additional insured endorsement issued by us and made a part of this policy B. ADDITIONAL INSURED—VENDORS Paragraph 2. under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to"bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions 1. The Insurance afforded the vendor does not apply to. a. "Bodily injury"or"property damage'for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor, GECG 602 (09/04) Includes copyrighted material of Insurance Smices Offices Inc wuh as pe=ssmn Page 5 of 5 d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the course of business, In connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or in. To"bodily injury" or"property damage' arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This Insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products CECCi 602 (09/04) Includes copynehted material of Insurance Services Offices Inc with its pettnission Paee 6 of 6 Best's Rating Center - Search Results Page 1 Page 1 of 1 ;Md N "J !f I View Ratings Financial Strength Issuer Cre[lit Securities Advanced Search Other Web Centers Selecl One Search Results page 1 of 1 2 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Peerless To refine your search, please use our Advanced_Search or view our Online Help for more information. New search Peerless View results starting with: A B C D E F G _H I J K L M N O P Q R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ + Ai "r Company Name '+' Rating Implication Long-Term *" Implication v Short-Term `" DC 02088 Peerless InQemnit_Insurance Company A Stable a Stable us (Property/Casualty-Insurance Company) 02394 Peerless Insurance Company A Stable a Stable US (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 06/29/2006 02:33 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty,-A.M. Best Consolidated G/ note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are FSR ratings. * Denotes Under Review Bests-Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders View our entire notice for complete details. Customer_Service I Product Support I Member Center I Contact_Info I Careers About AM_Best I Site Map I Prrvacy_PcjLcy I Security I Terms of Use I Legai_&Licensing Copyright©2006 A.M Best Company,Inc All rights reserved A M Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U,S A http://www3.ambest.com/ratings/RatingsSearch.asp?AltSre=9 6/30/2006 Best's Rating Center - Search Results Page 1 Page 1 of 1 View Ratings Financial Strength Issuer Credit Seeunhes Advanced Search Other Web Centers Select One - Search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Redwood Fire To refine your search, please use our Advanced-Search or view our Online-Help for more information. New Search Redwood Fire View results starting with: ABC D E F G H I J K L M N O P Q R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings Outlook Outlook/ AMB# ; Company Name - Rating 'o Implication T Long-Term + Implication T Shod-Term Dc 04329 Redwood Fire and Casualty Insurance Cc A++ Stable aa+ Stable us (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 06/29/2006 02:33 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated G) note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are FSR ratings. * (Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor Its ability to meet I obligations,Including those to policyholders.View our entire notice for complete details Customer Service I Product Support I Member Center I Contact.lnfo I Careers About A.M.-Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright©2006 A.M.Best Company,Inc All rights reserved A.M Best Worldwide Headquarters,Ambest Road,Oldwlck,New Jersey,08858,U.S.A. http://www3.ambest.conVratings/RatingsSearch.asp?AltSrc=9 6/30/2006 CONTRACT ABSTRACT Contract Company Name: Kirkpatrick Landscape Services Company Contact: Summary of Services: Parks Landscape Maintenance Services Contract Price: $1,756,350,15 plus annual CPI adjustments Funding Source: General Fund (001-2451 Accounts) Contract Term: 3 Years plus 2 two-year renewal options Contract Administration, Lead Department: Department of Parks and Recreation Contract Administrator: Scott Mikesell Contract Approvals Council/Community Redevelopment Agency Approval Date: C Minute Order/Resolution Number: Minute Order 7868 Agreement Number: 5299 Contract Compliance Exhibits: Signatures: Completed Insurance: Submitted Bonds: Submitted Contract prepared by: Scott Mikesell, Director, Department.of Parks and Recreation '�j/// Submitted on: June 30, 2006 By��� Fk554x ( /t �PKI�-001 �i! UILLEN INSURANCE Dyy t3m12022 CERTIFICATE OF LIABILITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not corder rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OC36861 C ACT Inland Empire-Alliant Insurance Services, Inc. 685 E. Carnegie Dr Ste 265 San Bernardino, CA 92408 PA,c,No,Er; (909) 886-9861 FaAc,xo:(809) 88B-2013 E INSURE S AFFORDING COVERAGE NAICA RECEIVED INSURER A: Depositors Insurance Comn 42587 INSURED JUL 112022 Kirkpatrick Landscaping Services Inc 43-752 North Jackson Office of the City Clerk INSURERS: Nationwide Mutual Insurance Company 23787 INSURER c: AMCO Insurance Company 19100 INSURER D: Preferred Professional Insurance Company 36234 Indio, CA 92201 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO V'MICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER PoDGYEFF PoLICYEXP UNITS A X COMMERCIAL GENERALLIABILIT/ CLAIMS -MADE OCCUR Past/Herbicide Endt ACP3067908982 9/1/2021 911/2022 EACH OCCURRENCE S 1,000.000 DAMAGE TO RENTED S 100,000 X MED EXP (Aw one S 5,000 PERSONAL &ADV INJURY 1,000,000 GENT X AGGREGATE LIMIT APPLIES PER. POLICY j LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OP AGO S 2,000,000 B AUTOMOBILE LIABILITY X ANY AUTO AUTOSDONLY AUUTOSyU�}L�EEOp AUTOS ONLY BOOM CP3067908982 9/1/2021 9/1/2022 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY Per S BODILY INJURY Per accident S PdteOPeE�Rb AMAGE C X UMBRELLA DAB EXCESS LMLB X OCCUR CLAIMS -NU DE ACP3067908982 9/1/2021 9/1/2022 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 DELI I X I RETENTIONS 0 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPREIETgORIPARTNER/E%ECUTIVE YIN OFFICE10ryin N% EXCLUDED? If yes describe under DESCRIPTION OF OPERATIONS baba NIA I I ON13019-01 I 711/2022 7/112023 X PER T. OTH- A FIR E.L EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 S E.L. DISEASE -POLICY LIMIT 1,000,00g DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Proof of insurance. CFRTJFICATF MOI nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs Procurement Manager THE ACCORDANCE WITH THE POLICY PROTION DATE VISIONSCE WILL BE DELIVERED IN 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 AUTTHj�0F1fl/E,L,D IREPPRRESENTATIVE (jV'I ✓' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks ofACORD n j-74i KIRKLAN-01 SGUILLEN CERTIFICATE OF LIABILITY INSURANCE DATE 6/301230/2DIYYVYI 022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OC36861 CNROTeCT PAIHco,Nr;, Eat: (909) 886-9861 (FJc, Nu):(909) 886-2013 Inland Empire-Alliant Insurance Services, Inc. 685 E. Carnegie Dr Ste 265 San Bernardino, CA 92408 EAI L INSURERS) AFFORDING COVERAGE NAICS INSURER A: Depositors nsuranceCompany 42687 INSURED INSURERS: NationwidBMutual Insurance Company 23787 INSURER C:AMCOInsurance Company 19100 Kirkpatrick Landscaping Services Inc 43-752 North Jackson INSURER D: Preferred Professional Insurance Com ny 36234 Indio, CA 92201 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL Hear) SU VAID POLICY NUMBER POLICY EFF POLICY EXP UMITS A X COMMERCIAL GENERALLIABILITY CLAIMS -MADE � OCCUR Pest/Herbicide Endt X X CP3067908962 911/2021 9/1/2022 EACH OCCURRENCE 1,000,000 REMIDAMAGE S(Ea RENTED PREMISES 100,000 X MEDEXP (Any on. parsonit 3 5,000 PERSONAL BADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT �II� APPLIES PER: X POLICY jEeT LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AU AUTOS ONLY MITE X X CP3067908982 911/2021 9/1/2022 COMBINED SINGLE LIMIT 1,000,000 S BODILY INJURY Per S BODILY INJURY Per ecudero BODILY �� a�R,nl AMAGE $ C X UMBRELLA LIAB EXCESS LIAR X OCCUR J CLAIMS4ADE ACP3067908982 911/2021 911/2022 EACH OCCURRENCE E 6,000,000 I AGGREGATE s 5,000,000 DIED I X I RETENTIONS 0 D WORKERS COMPENSATION ANDEMPLOVERS'L[ABILITY ANY PROPRIETOR/PARTNERiEXECUTIVE YIN QQF�FICERIMEMAgV�qEXCLUDEDT � (alandalory In NN) n yes, tlescribe umler DESCRIPTION OF OPERATIONS below N/A X ON13019-01 7N/2022 7/1/2023 X PER OTH- E.L EACH ACCIDENT 11000,000 E.L. DISEASE - EA EMPLOYE 1 gggggg 3 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addhional Remarks Schedule, may be attached if more space Is required) Job: Operations pertaining to named insured for certholder. The City of Rancho Mirage and City of Rancho Mirage Housing Authority are additional insureds, primary and non-contributory, waiver of subrogation applies as respects to general liability per endorsements attached; additional insured, primary and noncontributory waiver of subrogation applies as respects to auto liability per endorsements attached; waiver of subrogation applies as respects to workers compensation per endorsement attached; cancellation wording applies per attached. City of Rancho Mirage 69825 Highway 111 Rancho Mirage, CA 92270 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 64.k'PL'a' ACORD 25 (2016103) C 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ACP3067908982 COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $ 10,000 per "occurrence". B. Voluntary Property Damage 1. Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: At your request, we will pay for "property damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $1,500 per "occurrence". D. Expanded Property Damage Coverage 1. For the purposes of this endorsement only: Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion j. Damage To Property is amended as follows: a. Paragraphs (3), (5), and (6) are deleted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with: (4) Personal property in the care, custody, or control of the insured: (a) for storage or sale at premises you own, rent or occupy; or (b) while being transported by any aircraft, "auto" or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to "property damage": (1) Arising out of the disappearance or loss of use of personal property; or (2) Included in the "products -completed operations hazard". 2. Limit of Insurance - The most we will pay for loss arising out of any one 'occurrence" is $5,000. C. Non -Owned Watercraft 3. Deductible - Our obligation to pay for a Under Section I — Coverages, Coverage A covered loss applies only to the amount of Bodily Injury And Property Damage Liability, loss in excess of $250. 2. Exclusions, Exclusion g. Aircraft, Auto Or We will pay the deductible amount to effect Watercraft Paragraph (2) (a) is replaced with: settlement of any claim or "suit' and, upon (a) Less than 51 feet long; and notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. CG 73 23 12 16 This insurance is primary to any expanded property damage coverage provided by a separate endorsement attached to this policy, and it will supplant any deductible in said endorsement E. Damage To Premises Rented To You 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, the last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. 2. Under Section III — Limits Of Insurance, Paragraph 6 is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. 3. Under Section IV — Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. F. Supplementary Payments Under Section I — Coverages, Supplementary Payments — Coverages A and B Paragraphs 1.b and 1.d. are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. G. Newly Formed And Acquired Organizations Under SECTION II — WHO IS AN INSURED Paragraph 3.a. is replaced with: a. Coverage under this provision is afforded only until the 180'h day after you acquire or form the organization or the end of the policy period, whichever is earlier; H. Additional Insured — Automatic Status When Required In An Agreement Or Contract With You Section II — Who Is An Insured is amended to include: 1. Any person(s) or organization(s) described in Paragraph a. — d. below with whom you have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. The person or organization added as an insured by this endorsement is an insured only for liability due to: a. Lessors of Leased Equipment — with respect to their liability for "bodily injury", "property damage", or "personal and advertising injury", caused in whole or in part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. b. Managers or Lessors of Premises — with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. c. State or Political Subdivision — Permits Relating to Premises — with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products - completed operations hazard". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends. d. Owners, Lessees, or Contractors — with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused in whole or in part, by: CG 73 23 12 16 (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf. The insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, archi- tectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional, architectural, engineering, or surveying services. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. CG 73 23 12 16 (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to the insurance afforded to such additional insureds a. — d. described above, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, the insurance afforded to such additional insureds a. — d. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. Primary and Noncontributory — Other Insurance Conditions The following is added to the Other Insurance Condition and supersedes any provisions to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Employee Bodily Injury To Another Employee Under Section II — Who Is An Insured The following is added to Paragraph 2.a.(1): Paragraphs 2.a.(1) (a), (b) and (c) do not apply to "bodily injury" to a co -"employee" in the course of the co -"employee's" employment by you, or to "bodily injury" to a co "volunteer worker" while performing duties related to the conduct of your business. J. Broad Form Named Insured Under Section II — Who Is An Insured The following is added to Paragraph 2.: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in the Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. K. Aggregate Limit Per Location Under Section III — Limits Of Insurance the following is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your locations owned by or rented to you or temporarily occupied by you with the permission of the owner. For the purposes of this provision, location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a public street, roadway, waterway or railroad right-of-way. L. Aggregate Limit Per Project Under Section III — Limits Of Insurance The following paragraph is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. M. Medical Payments Under Section III - Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to S. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by one person. This coverage does not apply if Coverage C - Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. N. Knowledge Of An Occurrence Under Section IV - Commercial General Liability Conditions, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. O. Unintentional Failure To Disclose Hazard Under Section IV - Commercial General Liability Conditions, Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the CG 73 23 12 16 inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. P. Waiver Of Subrogation Under Section IV - Commercial General Liability Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products -completed operations hazard". O. Liberalization Under Section IV Liability Conditions, added: 10. Liberalization - Commercial General the following paragraph is If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. R. Broadened Bodily Injury Definition (Mental Anguish) Under Section V - Definitions Definition 3. 'Bodily Injury" is replaced with: 3. 'Bodily injury" means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. POLICY NUMBER: ACP3067908982 COMMERCIAL AUTO AC 70 05 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee —Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense— Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 1 Be day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury' or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of the SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 03 16 with its permission COMMERCIAL AUTO AC 70 05 0316 H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that The fallowing paragraph is added to SECTION II is out of service because of its: — COVERED AUTOS LIABILITY COVERAGE, a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair; Payments: c. Servicing; (7) Prejudgment interest awarded against the d. "Loss"; or "insured" on that part of the judgment we pay. If we make an offer to pay the appli- e. Destruction cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being period of time after the offer. replaced. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS L. EXPANDED TOWING COVERAGE The Fellow Employee Exclusion in SECTION II 1. We will pay up to: — COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own of replaced as follows; the private passenger type, or A. "Bodily injury" to any fellow "employee" of "insured" b. $500 for a covered "auto" you own that the arising out of and in the course "employee's" is not of the private passenger type, of the fellow employment or while performing duties related to the con- for towing and labor costs incurred each duct of your business. This exclusion does time the covered "auto" is disabled. Howev- not apply to an "insured" who occupies a er, the labor must be performed at the place position as an officer, manager, or supervi- of disablement. sor. 2. This coverage applies only for an "auto" J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or If covered "auto" designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and ply to Liability Coverage and if at least one "au- Collision Coverages. to" you own is covered by this policy for Com- 3. Payment applies in addition to the otherwise prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you sion coverages, then the Physical Damage have on a covered "auto". coverages provided are extended to "autos" you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max - up to a limit of $100,000. The deductible will be imum of $500 for early termination fees or equal to the largest deductible applicable to any penalties, for your covered "auto" less: owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or a. The amount paid under SECTION III — lightning. PHYSICAL DAMAGE COVERAGE of this policy; and K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE b. Any: The following is added to paragraph C. Certain 1) Overdue lease/loan payments at the Trailers, Mobile Equipment And Temporary time of the "loss'; Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a AUTOS: lease for excessive use, abnormal If Physical Damage Coverage is provided by wear and tear or high mileage; this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered "autos" for Physi- lessor; cal Damage Coverage: 4) Costs of extended warranties, Credit Any "auto" you do not own while used with Life insurance, Health, Accident, or the permission of its owner as a temporary Disability insurance purchased with the lease; and AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 5) Carry-over balances from previous leases. 2. This coverage only applies to a 'loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of 'loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered "auto". If 'loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If 'loss" results from the total theft of a cov- ered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension. Q. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. COMMERCIAL AUTO AC 70 05 03 16 covered "auto" of the private passenger type. ment manufacturer or other sources in - We will only pay for those covered "autos" for cluding non -original equipment manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve - ending, regardless of the policy's expiration, ment. when the covered "auto" is returned to use or we "loss". 5. If we offer to pay the actual cash value of pay for its the damaged or stolen property, will R. EXTRA EXPENSE — STOLEN AUTOS value auto advertising wraps, paint cusustomi- The following paragraph is added to Coverage zation, and similar business related advertis- Extensions of SECTION III — PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to $5,000 for the expense wraps, paint customization, and similar of returning a stolen covered "auto" to you. business related advertising modifications We will pay only for those covered "autos" will be valued at the cost to replace them for which you carry Comprehensive or Spec- with an adjustment made for depreciation ified Causes of Loss Coverage and physical condition. S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST Under SECTION III — PHYSICAL DAMAGE The following is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III — PHYSICAL is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident" is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which is a "new vehicle." or stolen property as of the time of the "loss", In the event of a total "loss" to your new ve- or hicle to which this coverage applies, we will b. The cost of repairing or replacing the pay at your option: damaged or stolen property. a. The verifiable "new vehicle" purchase 2. $1500 is the most we will pay for "loss" in price you paid for your damaged vehi- any one "accident" to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits ranties purchased; audio, visual or data signals which, at the "loss", b. If it is available, the purchase price, as time of is: negotiated by us, of a "new vehicle" of a. Permanently installed in or upon the the same make, model, and equipment covered "auto" in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the "auto" manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers' dealership; or . b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment; or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total "loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original owner that has not been previ- parts furnished by the original equip - AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its Dermission COMMERCIAL AUTO AC 70 05 0316 ously titled and which you purchased less than 365 days before the date of the 'loss". U. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident' be- cause of payments we make for damages under this coverageform. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident' or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit' will not be considered breached unless the breach occurs after such claim or "suit' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory GeneralConditionss replaced by the following: (5) Anywheren theworldif a covered "auto' is leased, hired, rented or borrowed without a driverfor a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto' subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto' and you are unable to enter such "auto' , or 2. Your keyless entry device battery dies and you are unable to enter such "auto' as a re- sult, SECTION IV — BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. 4. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: COMMERCIAL AUTO AC 70 05 0316 If we cancel for any reason other than non- payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella- tion. AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission Alliant COMMERCIAL UROUP June 30, 2022 City of Rancho Mirage 69825 Highway 11 l Rancho Mirage, CA 92270 Insured: Kirkpatrick Landscaping Services, Inc. Policy Number: ON 13019-01 To Whom It May Concern: Effective March 15,2011, the ACORD 25 —Certificate of Liability form has been revised. We are obligated to use most current version of ACORD forms. One of the significant changes to the ACORD 25 is the language referring policy cancellation provisions. We cannot indicate on the certificate that thirty (30) days written notice will be provided to the Certificate Holder. However, should any of the policies be cancelled before the expiration date, Alliant will mail (30) days written notice (10 days for non-payment of premium) . As required by written contract Sincerely, Chuck Shanklin, CIC Senior Vice President Commercial Group Alliant Insurance Services, Inc. Alliant Insurance Services. Inc. • 685 Carnegie Drive • Suite 265 • San Bernard Inc. CA 924 08 Pnone (909) 886-9861 - A 19091 986-2013 %ccw.alliantinsnrance.com • License No. 0( 36861 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04 INS A (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organisation Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation or the policy.) Endorsement Effecbve:07/01/2022 Policy No.: ON13019 - 01 Endorsement No.: Insured Kirkpatrick Landscaping Insurance Company Preferred Professional Insurance Company Services, Inc. Coumersigned By Print Date: 6/30/2022 i� KIRKLAN-01 G UILL A�ORO' CERTIFICATE OF LIABILITY INSURANCE DAT;;;;111.19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not conferrable to the certificate holder in lieu of such endorsements). PRODUCER "cense IF U1 40001 Inland Empire-Alliant Insurance Services, Inc. 585 E. Carnegie Or Ste 266 San Bernardino, CA 92408 INSURED Kirkpatrick Landscaping Services Inc 43-752 North Jackson Indio, CA 92201 CONTACT NAME: PHONE FAX INC, No, Eat: (909) 886-9861 INC, No):(909) 886-2013 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC0 INSURER A: Greenwich Insurance Company 22322 INSURERB:XL Specialty Insurance Company 37885 INSURER c: Preferred Professional Insurance Company 36234 INSURER D : INSURER E: COVERAGES CERTIFICATE NUMBER: RFVIRIr1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP TYPE OF INSURANCE INSH-IYVD_ POLICY NUMBER y LIMITS A X COMMERCIAL GENERALDABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR NPC-1006376-00 9/112022 9/112023 DAMAGE TO RENTED 100,000 - PREMISES (Ea pcdVrrencel S _ MED EXP(My one person) S 5,000 PERSONAL S ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2:000:000 X POLICY JEQCT [ I LOC PRODUCTS COMP/OP AGG $ 2,000,000 OTHER _ S B AUTOMOBILE LIABILITY SINGLE LIMIT 1,000,000 (NBA-1006377-00 (EaeaNEDlS X ' ANYAUTO 91112022 9/1/2023 BODILY INJURY IPer person) OWNED SCHEDULED SCHEDULED _ AUTOS ONLY ( AUTOS BODILYBODILY INJURY JPW accitlerd) $ _ AUTOS ONLY AUTO ONLY (Pe�xcRlOeryntj $_ A UMBRELLA LUIB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS DAB CLAIMS -MADE NEC41006991-00 9N/2022 911/2023 5,000,000 X 1 0 AGGREGATE s DEC) RETENTIONS S C WORKERS COMPENSATION X I AND EMPLOYERS'LIAABILITY YIN ON13019-01 71112022 7N12023 STATUTE ERH 1,000,000 ANY PROPRIETOR/PARTNER/EXECIITIVE f Y EL EACH ACCIDENT $ OpFFICER/MEMggE�pp EXCLUDED' 1 N/A (Mandatory in 1,000,000 ((yyes. desrnbe untler and E L DISEASE -EA EMPLOYEE S IS 1,000,000 nESCRIPTInNOFOPERATIONSfleloa EI. DISEASE -POLICY LIIaIT I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks schedule, maybe attached if more space is required) Proof of Insurance. RECEIVED SEP 12 2022 Office of the City Clerk City of Palm Springs Procurement Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. JL41' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD /aaN KIRKLAN-01 RADCO .a►`oR0` CERTIFICATE OF LIABILITY INSURANCE ASZ DA6I1 0 3m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)• PRODUCER �icenae tt uwvov r Inland Empire-Alliant Insurance Services, Inc. 685 E. Carnegie Dr Ste 265 San Bernardino, CA 92408 INSURED Kirkpatrick Landscaping Services Inc 43.762 North Jackson Indio, CA 92201 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW9THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXPLTR LINTS A X COMMERCIAL GENERAL LIABILITY T CLAIMS -MADE XOCCUR NPC-1006376-00 : 9/1/2022 EACH OCCURRENCE 91 _.DAMAGE TORENTED VIED EXP (Arry are arson PERSONAL S ADV INJURY GENERAL AGGREGATE PRODUCTS -COMPIOPAGG s 11000A00 100,000 5,000 111 1,000'000 GEN'L AGGREGATE UNIT APPLIES PER: 7X POLICY j 7 LOC OTHER: s 2,000 ,000 $ 2,000,000 B AUTOMOBILE LIABILITY X ANY AUTO �OANED SCHEDULED AUTOS ONLY NANUUpTTNO.pSSyM,�r,,�I��pp AUTOS ONLY AUTOSONLY NBA-1006377-00 9H/2022 9/11/2023 COMBINED SINGLE LIMIT $ 11000,000 BODILY INJURY ParPearson) S BOpDILY INJURY Per acciderd Pier lent AMAGE A UMBRELLA LIAR X OCCUR X EXCESS LIAO CLAIMSAMDE NEC-6006991-00 9/1/2022 9/1/2023 EACH OCCURRENCE 5'000'000 AGGREGATE s 5,000,000 DED X RETENTION$ 0 C WORIERB COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORRARTNER,EXECUOVE YIN tM InEalory In NM1 E%CLUOEO? R yyeess i esaioe under OESCRIPTXON OF OPERATIONS below N/A PSIC7301902 7/1/2023 7/1/2024 X PER OTH- EL EACH ACCIDENT s 1,000,000 E.L. DISEASE - EA EMPLOYE 1,900,066 E.L. DISEASE -POLICY UMT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES ACORD 101, Additional Remarks Schedule, may be attached H more space is required) RECEIVED Proof of insurance. JUL 0 3 2023 City Hall Reception Desk City of Palm Springs Procurement Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 64.kJL44, ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IOPXLM-01 MKAISE CERTIFICATE OF LIABILITY INSURANCE KO DA 9 SQD223 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(I") must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER License 0 OC36861 CGNPCT Services, Inc. INC.""C.NE No. Eat): (909) 886-9661 F�Net:(909) 886-2013 E-MAIL ADDRESS: INSURED Kirkpatrick Landscaping Services Inc 43-752 North Jackson Indio, CA 92201 INSURER(S) AFFORDING COVERAGE _ _ _ __ INSURER A: Greenwich insurance Company INSURERB:XL Specialty Insurance Company _ INSURERC:Palomar Specialty Insurance Company INSURER D INSURER E : INSURER F : NAIL/ 22322 37885 20338 rnLFC0erc4 rconnrATc Mnu Dco- om"Clnu UI Iucco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR TYPE OF INSURANCE ADDL SUER INSD WW1POLICY NUMBER POLICY EFF POLICY EXP Lam A X cOMMERCIAL GENERILL LUIBILRY EACH OCCURRENCE 1,000,000 CLAIMSMADEX I OCCUR NPC-1006376-01 91112023 911/2024 DAMAGE TO RENTED / 100,0 PREMISES (Ea occurrence) - 5,000 X Pest/Herbicide Endt MEDEXP(Anyonepe_rspnn) _ 1,000,000 PERSONAL SADVINJURY GEN'L AGGREGATELIMITAPPLIES PER GENERAL AGGREGATE £__ 2,000,000 X POLICY I1 J LOC _ JECT l_ I PRODUCTS -COMPIOPAGG �_. _._2,000,000 OTHER: L 1,000.000 B Aurol/OBILE LUISMITY COMBINED SINGLE LIMIT X�ANYAUTO NBA-1006377-01 911/2023 9/112024 BODILY INJURY BODILY NJURY (Parpemon)_ OWNED SCHEDULED AUTOS ONLY ApUpTNNOSyWyNNmm BODILY INJURY (Per ectldenll {_ _ AUTOS ONLY ONLY (Par dent S _AUTO EACHOCCURRENCE A ULIBRII LIAR X OCCUR 5,000,000 X EXCESS LIAR CI -AIMS -MADE NEC-6006991-01 9/112023 9/1/2024 AGGREGATE t5,000,000 DED I X I RETENTIONS D _ PER OTH- X TUTE ER C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YAN — PSIC1301902 71112023 7/1/2024 _ 1,000,000 ANY PROPREIETORIPARTNERIE%ECUrNE L� Y NIA E.L. EACH ACCIDENT _ �NandaloMi NER EXCLUDED] - 1,D9D,DDD ry ) E.L. DISEASE - EA EMPLOYE / Il yes describe under 1,9D9,D9D DESCRIPTION OF OPERATIONS Iubw EJ_ DISEASE - POUCY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Reamelm SchaduN, may be attached If mom space b'. me umacl) Proof of insurance. RECEIVED SEP 112023 City Hall Reception Desk City of Palm Springs Procurement Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE I &. A4, ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD