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HomeMy WebLinkAbout05171 - PAC WEST LAND CARE INC WELLNESS PARK LANDSCAPE MAINT SVCS 11-1-05 THRU 6-30-06 Page 1 of 1 Kathie Hart From: ScottMikesell Sent: May 31, 2006 3:32 PM To: Kathie Hart Cc: Jay Thompson Subject: RE: Agreements Due to Expire Within the Next 90 Days Kathie, Agreement A5180 with The Jarvis Company should be listed under Facilities Maintenance from now on as that is for the installation and hanging of the Christmas lights downtown and they deal with that not Parks- Agreements A5171and A4372 with Pac West LandCare just expire. After July 1, they will no longer be working for the`City. Agreement A3469 with Palmer Golf Management is being worked on by Troy in the City Managers office. The status is currently unresolved at this time and everyone is fully aware of the date. Please let us know if there is an insurance problem here or when the currently policy expires. Scott Mikesell — Director Dept. of Parks & Pea. City of Palm Springs (760)323-8281 scottm@ci-palm-springs.ca.us From: Kathie Hart Sent: Wednesday, May 31, 2006 12:54 PM To: Department Heads Subject: Agreements Due to Expire Within the Next 90 Days Attached is a report listing all agreements/contracts due to expire in the next 90-days. In reviewing the list if the projectijob has been completed please advise and our office and we will close the file- Please feel free to contact us if there are any questions. &Vuel r Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Ka thieH@ ci-halm-springs.ca.us Office (760) 323-8206 Fax (760) 322-8332 05/31/06 Pac West Land Care Inc Landscape Maintenance Services AGREEMENT A5171 MO 7756 10-05-05 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR WELLNESS PARK LANDSCAPE MAINTENANCE SERVICES THIS CONT�QCT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this r? day of �0rs 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Pac West Land Care, 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 byone 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. 1.5 Familiaritywith Work. By executing this Contract, Contractorwarrants 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 t ORIGINAL BID AND/OR IAGREEN EN''T 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 Officerto 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 I Requirements" attached hereto as Exhibit "B" and incorporated herein by this 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. 2.0 COMPENSATION i 2.1 Contract Sum. Forthe 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 bythis reference, but not exceeding the maximum contract amount of Twenty Five Thousand Four Hundred Sixteen Dollars, ($25,416) (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 2 I I I 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 l receive payment, no later than the first (1 st) working day of such month, Contractor shall I 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. I I j 3.0 PERFORMANCE SCHEDULE I 3.1 Time of Essence. Time is of the essence in the performance of this j 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 Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract 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"). 3 I I I I I 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 j to act in its behalf with respect to the work specified herein and make all decisions in I connection therewith: Paul Rasmussen, 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 fordirecting all activities of Contractor and devoting sufficienttime to personally I 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. j 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 j 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 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. j The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4 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 III of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (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 I 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 orappropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. 5 I I 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 i 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 Agreementthe 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. I ! 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, i penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, I 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 i 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) Contractorwill promptly pay anyjudgment rendered againstthe ! 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 ior 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, iincluding 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 I 6 i 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 i 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 I 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 i 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. i6.2 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. I 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 I records and transcripts from such records. Such records shall be maintained for a period I of three (3) years following completion of the services hereunder, and the City shall have i 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 i 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 Contractorfails to secure such assignment, Contractorshall indemnify Cityfor all damages resulting therefrom. I 7 i 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. 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, orany other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of i 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 i 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 from any payment due, without liability for interest ibecause 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 remedies of the parties are cumulative and the exercise by either party of one or more of 8 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. Sincethe as liquid,:,I i: � ! I i : ges, lo, Iaad I vvorking day of delay in the performance of any service fl any monies payable on account of services performed by the­6-a� (Revised in Exhibit "B" Special Requirements) 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 thirty(30)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 sixty (60)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 reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that j the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. I 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 9 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 norshall 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 orthrough 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 jcase of the Contractor, to the person at the address designated on the execution page of I this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or i 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 io I 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. j9.5 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 i 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. i IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS i ATTEST: a municipal corporation By Cit Clerk _ City Manager "f APPROVED AS'TO FORM: MMOVEDBy CITY CQUNCIL City At' torn/y I I I I I ', 11 CONTRACTOR: Pao West Land Care, Inc. Check one:_Individual_Partnership_Corporation 2000 Executive Drive Palm Springs, CA 92262 Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By:—7By: Signature(notarized) Signature(notarized) Name: ' /�^0+�- s `-` Name: (/ .Title: Title: Address: z'"V Vc04t/I t Address: s?�w. s.�itr/y�G Ga y a 2 G Z II__ i State of ( (�. State of I County of Iss County of Iss On 611bbelffo�rPe�m�See, M'fz On before me, , personally appeared I personally appeared personally known to me (or proved to me on the ba ' of personally known to me (or proved to me on the basis of satisfactory evidence)to be the personA whose nam is are satisfactory evidence)to be the person(s)whose name(s)is/are sub r bed to the within instrument an knowledged o me subscribed to the within instrument and acknowledged to me that a she/they executed th ame in i er/their authorized that he/she/they executed the same in his/her/their authorized capaZ,ty('as), and that by is er/their signature(,,4 on the capacity(ies), and that by his/her/their signature(s) on the instrument the personX, or e entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the personKacted,executed the instrument. person(s)acted, executed the instrument. WITNESS my hand an o Ficial seal. WITNESS my hand and official seal. Notary Signature: V Notary Signature: Notary Seal: — Notary Seal Ca mAisa98i C, NOTARY FURUC-rALIFORNIA C) 1/) q'VEPSIDE COUNTY My Con F _ Mll-c 25 2006 N I I 12 EXHIBIT "A" SCOPE OF SERVICES GENERAL REQUIREMENTS: The purpose of this agreement is to provide for landscape maintenance services for Wellness Park for the period commencing with the initial date of City maintenance responsibility(estimated to be November 1, 2005) through June 30, 2006. 1. STAFFING REQUIREMENTS: A. At all times during the course of this Contract, Contractor will provide the following minimum crew assignments and full-time staffing levels: one (1) superintendent, one (1) foreman, one (1) full-time lead man, and one (1) irrigation technician, plus additional manpower as needed to adequately perform all tasks as specified in the Contract. All such personnel will work Monday through Friday and be assigned to the Wellness Park unless otherwise approved by the City.. Additionally, workers will be assigned to work a full eight- hour shift on Saturdays, Sundays and holidays to provide the City with seven-day-per-week coverage, as required on the task lists. B. The superintendent, lead men and irrigation technician will each have a two-way radio in their vehicles and be available for radio contact at all times during normal working hours to respond to calls and settle problems that may occur throughout the work day. The City of Palm Springs will 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. C. Unless otherwise directed, the basic daily hours of maintenance service shall be as follows: Forthe months of Novemberthrough April—7:00 a.m.to 3:30 p.m.,forthe months of May through October— 6:00 a.m. to 2:30 p.m. jD. Park mowing will be done with a separate mowing crew. Contractor shall use a reel-type mower(or approved equivalent) in conjunction with needed rotary mowers to complete all i of the mowing of City parks. All mowing shall be completed during normal work hours, Monday through Friday of each week, unless otherwise approved by the Contract Administrator. 2. SUPPORT SERVICES: To accomplish the following tasks which are not performed on a routine basis, and to provide for a better distribution of manpower, Contractor shall provide additional labor and equipment on an "as needed" basis: j Annual Planting I Aeration i Fertilizing Overseeding Verticutting j Tractor/Skiploader Work • Pesticide Spraying Tree Trimming jThese services are technical in nature and the kind of equipment required is not the normal iequipment for on-site landscape laborers to use. I 3. USE OF CITY FACILITIES: During the term of this Agreement City hereby grants Contractor license to use the applicable portions of the Corporate Yard located at 425 N. Civic Drive, Palm Springs, California, for the purposes of trash and green waste disposal. I 13 I I DETAILED SPECIFICATIONS: 1. SCOPE OF SERVICES: 1.0 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner, using quality equipment and materials. 1.02 Contractor shall provide the labor, materials, supplies and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained with nothing but the highest of standards at no less than the frequencies set forth herein. 1.03 Contractor is hereby 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; providing weed, disease and pest control; providing specified building custodial services, if applicable; 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 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 orturfareas, 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, 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 therefor by the Contract Administrator. j 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 24-hour on-call service for emergency response notification. j1.07 Contractor shall perform a weekly maintenance inspection during daylight hours of PH 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. Contractorshall take immediate steps to correct any observed irregularities and submit a written report regarding such circumstances to the Contract Administrator. j1.08 Contractor shall be required to clearly identify and equip each vehicle used at said facilities with decals on the exterior right or left front door panels, identifying the Contractor's name, address and phone number. 1..09 The term of this Contract will be for three (3) years with two (2) additional two-year options, renewable at the sole discretion of City. j 2. FACILITIES TO BE MAINTAINED I i2.01 The park to be maintained under the provisions of the Contract is located at the following address: ' PARK: A. Wellness Park, 700 Tamarisk 5.5 acres I 14 2.02 Contractor will be responsible for conducting a personal inspection of the facilities and surrounding areas identified in paragraph 2.01 above. Contractorwill accept the premises"as- is" on the contract inception date (anticipated to be September 1, 2005). The expected condition is represented on the construction drawings or plans(attached hereto). The City will conduct a final walk-through of the site with the successful bidder and a representative of the installation contractor prior to the contract start date. Any issues relating to plant materials, quality of construction work and conformity to plans and specifications raised by the maintenance contractor will be resolved at that time to the mutual satisfaction of the City and contractor. A written Notice of Acceptance will be issued by the City with the maintenance contractors concurrence prior to accepting the project from the Desert Healthcare District. 3. CERTIFICATIONS / REPORTS / INSURANCE 3.01 Payroll and Insurance Requirements A. Worker's Compensation: Contractor should be aware that in accordance with laws of the State of California, Contractor will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation certification. B. 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 shall act as a bar to award the Contract to any bidder not possessing said license at the time of award. C. Reporting Requirement:Contractor shall make available certified payroll and Worker's Compensation records to the Contract Administrator on a monthly basis. Payment of invoices will be withheld until such report is received and found acceptable by the Contract Administrator. 3.02 Maintenance Function Report ' Contractor shall maintain and keep current a daily report form that records all Ongoing, Seasonal and Additional Work, maintenance functions performed by Contractor's personnel. Said report shall be in a form and content acceptable to the Contract Administrator and shall be submitted to the Contract Administrator concurrent with the monthly invoicing.The monthly payment will not be made until such report is received and deemed acceptable by the Contract Administrator. 3.03 Certification of Specialty-Type Maintenance fWhen applicable, Contractor shall include with the monthly invoices those specialty- type maintenance items completed. The following information shall include, but not be limited to: A. Quantity and complete description of all commercial and organic fertilizer(s) 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. E. Number of hours worked and employees used for each task. i 3.04 Employee Background Checks All Contractor employees shall be subjected to a background check prior to any employee being allowed to begin work or the commencement of work under this Contract.The City will require a list of all employees assigned to this Contract along with their social security numbers. I I Is I Any employee shown to have a felony conviction or whom the City finds to be unacceptable will not be allowed to work under this Contract. 4. ADDITIONAL SERVICES 4.01 The Contract Administrator may, at his/her discretion, authorize the 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 will 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 the Contractor's ongoing maintenance schedule to compensate Contractor for performing such additional work. 4.02 Prior to performing any additional work, the 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, the Contractor shall submit a written estimate to the Contract Administrator for approval. 4.03 All additional work as provided for shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S DAMAGES 5.01 All damages incurred to existing facilities by the Contractor's operation shall be repaired or replaced at the Contractor's expense. i5.02 All such repairs or replacements shall be completed within the following time limits: A. Irrigation component damage shall be repaired or replaced within one watering cycle, but in no case shall this exceed 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: I 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 complywith the provisions in"Pruning and Hedge Trimming- Operation" of the Ongoing Maintenance Specifications. C. Chemicals: All damage resulting from chemical operation, either spray-drift orlateral-leaching,shall be corrected in accordancewith the aforementioned maintenance practices and the soil conditioned to insure its abilityto support plant life. D. Irrigation: All damages shall be repaired within 24 hours of notification. All replacement components shall be of equal or greater quality than those 16 removed and must be approved by the Contract Administrator as to brand and model proposed. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise, the Contract Administrator will interpret the Contract. If Contractor disagrees with the Contract Administrator, Contractor shall continue with the work in accordance with the Contract Administrator's interpretation. Within thirty(30)days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter.The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Procurement Manager, City of Palm Springs, and will be composed of not less than three (3) City personnel having experience in the administration of grounds maintenance contracts.The panel will convene within one(1)week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The panel will submit its recommendation(s) to the Procurement Manager, for his consideration, within one (1) week following the conclusion of the hearing. The Procurement Manager shall render an interpretation based upon his review of the panel's recommendation(s). The Procurement Manager's decision will 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. Contractor shall maintain a telephone at this location and shall have an email address to which request and inquiries can be sent to this office. The telephone number shall be 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 person(s) employed by the Contractor twenty-four(24) hours per day to take the necessary action regarding all inquiries and complaints that may be received frorn the City, City personnel or patrons using the facilities.An answering service shall be considered an acceptable substitute to full-time,twenty-four 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. I 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 jmaintained, City may, after reasonable attempt to notify the Contractor, cause such action to be I taken by the City work force and shall charge the cost thereof, as determined by the Contract Administrator, against the Contractor and will deduct such cost from an amount due Contractor from the City. j7.03 Contractor shall maintain a written log of all complaints, the date and time received, and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be open to the inspection of the Contract Administrator at all reasonable times and shall be maintained for the term of this Contract. 7.04 All complaints shall be abated as soon as possible after receipt but in all cases within twenty-four (24) hours to the satisfaction of the City. If any complaint is not abated within twenty- four (24) hours, the Contract Administrator shall be notified immediately of the reason for not abating the complaint followed by a written report to the Contract Administrator within five (5) calendar days. If the complaints are 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 will 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. 17 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 to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, county,state orother 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 date inspected 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(s) 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: A. For the month 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 will be no suspension of or release from scheduled maintenance operations as a result of any city, county, state of 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 The Contractor shall be available twenty-four (24) hours a day, seven (7) days a fweek 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 him to perform any of the work described herein, to labor more than eight(8) hours during any one 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 calendar day or forty (40) hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCHEDULES I 10.01 Contractor shall submit work schedules for all locations and indicate assigned personnel and designated completion times and dates the first day of each month. Additionally, Contractor shall submit revised schedules when actual performance differs substantially from I I � 1s I I I I planned performance. Said revisions shall be submitted to the Contract Administrator for his review and, if appropriate, his 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 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 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 individual who speaks, reads and writes the English language proficiently for each assignment. 11.02 Contract Administrator may at anytime give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of the public patronizing the premises. Contractor shall meet with the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. 11.03 The City requires Contractor to establish an identification system for all personnel assigned to any facility or crew that clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services 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. I 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 and shall be buttoned. 12. TRAFFIC CONTROL / SIGNS / IMPROVEMENTS I 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 j 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, dated 1990, or subsequent editions 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 jimprovements thereon, unless prior approval is obtained from the Contract Administrator. I I I I I I I 19 I I I 13. UTILITIES 13.01 City shall pay for all water and electricity. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the City. 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 15.01 Contractor is prohibited from use of City facilities for the conduct of any of its business interests that are outside the scope of the Contract. Further, said facilities shall not be used for human habitation, other than a night watchman or patrolman as specifically approved by the City. Contractor, at its own risk, may store materials required for maintenance of the premises in said facilities. However, Contractor must, at all times, employ the use of such safety standards and handling procedures as are applicable to such equipment and materials. 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. Contractor shall agree to hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or personal property that may occur at City-provided storage facilities. 16. USE OF CHEMICALS 16.01 All work involving the use of chemicals shall be in compliance with all federal, state and local laws and will 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. 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. I 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. i 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 preventing 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. i 20 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 shall be properly maintained and adequately sharpened. 17.04 Mowing height for regular Bermuda grass and ryegrass shall be no less than 3/4". Mowing height may be set as high as 1-112", with 1" being considered normal. Mowing height for hybrid Bermuda grass shall be no less than''/2". Mowing height may be set as high as 3/4",with 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 operations. 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 i 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. I 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 I 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. 21 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 under strict control. 19.07 Remove all weeds and grass from the following areas: roadways,driveways, parking lots, patios, drainage areas, slopes, hillsides, and expansion joints in all hard surface areas. 19.08 Mechanically remove all weeds 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 application(s)shall be made, at no additional cost to the City, until target species are eliminated. All turf and landscape areas are to be treated annuallywith a systemic pre-emergent granularweed control agentforthe control of both broadleaf i and grassy weeds. This application shall be included in the base price for the Contract. The material to be used and the application method proposed shall be approved by the Contract Administrator prior to application. 19.10 Weeds treated using a systemic chemical shall be left in place in accordance with the manufacturer's recommendation. The initial application of pre-emergent herbicides typically occurs in the early spring months from February to April each year. If kill is not complete by the time specified in the manufacturer's recommendation, a second application, at no additional cost to the City, shall be made at the request of the Contract Administrator. 19.11 After complete kill, all dead weeds shall be removed from the area. 20. LITTER CONTROL - OPERATION 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, is to be done daily. i 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 I ensure a neat appearance. This is to 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. i j 20.04 All trash on turf areas is to be picked up prior to beginning the mowing operation. i 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 bin(s). j21.02 Receptacles shall be conveniently located for the public use and returned daily to such locations if receptacles are displaced by third parties. 21.03 As directed by the Contract Administrator,containers or related appurtenances shall be cleaned and painted to avoid concentrations of insects, eliminate graffiti, and not detract from the overall appearance of the area. 22 I 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. 22. TRASH BIN REMOVAL - OPERATION 22.01 All trash and accumulated debris shall be placed in appropriate designated trash bin(s) each day. j 22.02 A designated storage area will be provided for the trash bin(s). I 22.03 When used, trash trucks shall not be permitted on turf areas. j 23. RAKING - OPERATION I j 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 bin(s). Tree limbs are to be disposed of daily or within 24 hours of notification. 24. PRUNING AND HEDGE TRIMMING - OPERATION 24.01 Clearance: Maintain trees 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. Prune all plant materials where necessary to maintain access and safe vehicular and pedestrian visibility and clearance and to prevent or eliminate hazardous situations. 24.02 Trim designated formal plant materials to maintain formal hedges and topiary work. When trimming hedges near buildings, electric trimming shears must be used to avoid excessive noise. 24.03 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. j24.04 Remove all new growth on trees up to the appropriate height clearances. 24.05 Remove all dead shrubs and trees. 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 jto Contractor's neglect to maintenance operations, all materials shall be replaced at no cost to City Iupon notification to Contractor. 24.06 Staking and Tying: A. Replacement of missing or damaged stakes where the tree diameter is less than three inches (Y). I{ 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 j lodge pole pine not less than eight feet (8') in length for five (5) I 23 I I 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 will not be placed closer than eight inches (8")from the bark. 24.07 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. 24.08 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 Check concrete areas for cracks, crevices and deterioration and notify Contract Administrator, 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 can 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. Further, any schedule of such operations may be modified by the Contract Administrator in order to insure that the public is not unduly impacted by the noise i created by such equipment. 25.05 Supplemental hand sweeping of parking lot corners and other parking lot areas is required in those areas inaccessible to power equipment. 25.06 When washing down hard surface areas, all areas are to be squeegeed dry immediatelyfollowing washing operations.This operation is to 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 following areas as noted: 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 24 F. City Service Yard and buildings G. Concrete and block walls H. Concrete walks throughout the park I. Curbs in parking lots and on streets and drives J. Trash barrels and receptacles K. Benches, planters, trees and seating areas L. Other surfaces within a park or City facility 26.02 All materials and processes used in graffiti eradication shall be non-injurious to surfaces and adjacent park property and 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 is not 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. 27. PICNIC AREAS AND PAVILIONS MAINTENANCE - OPERATION 27.01 Picnic tables, benches, slabs, braziers and trash containers and receptacles shall be cleaned daily to insure 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 are to 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 observation 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 leftover food 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 (NOT INCLUDED IN THIS PROJECT - NO EQUIPMENT IN PARK) 29. AERIFICATION - OPERATION 29.01 Aerate all turf areas 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 are to be aerified twice annually during the growing season from April to August. I I I 25 I I 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. follows:30.02 Adequate soil moisture will be determined by programming the irrigation system as A. Adjusting and setting of 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 nightwatering. This may include daytime watering during freezing weather to prevent icy conditions and manual operation of the irrigation system and/or hand watering with portable sprinklers during periods of windy or inclement weather. C. A soil probe shall be used to a depth of twelve inches(12")to determine the water penetration by random testing of the root zones. 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 right-of-ways, the controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours. 30.05 Irrigation system will be controlled in such away as not to 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 run-off drowning. 30.06 New turf(up through the sixth 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 not to over water 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 specified herein. 30.09 Contractor shall insure 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 is 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. 26 C. Adjusting and cleaning of sprinkler heads. D. Repair or replacement of all 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 boxcoversduetonormalwear,vandalism and/or third-party negligence with ones of equal size and quality. 1. Contractor shall confer with the Contract Administrator regarding the need for replacement or relocation of sprinkler heads. City may require the Contractor, at no additional cost, to relocate the sprinkler head(s) to those areas within the facility identified by the Contract Administrator. J. Repair and/or replacement of the following items of the irrigation system: quick couplers, automatic valves, gate valves, valves, automatic controllers and back flow devices, with equal size and quality. K. Annual certification of the back flow devices. 30.11 Complete piping replacement of the irrigation system is not required by the Contractor. Contractor is 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 damaged or inoperable irrigation component, or as otherwise specified in Section 33.04 and 33.05. 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 of Palm Springs has anticipated an estimated materials replacement cost of one thousand five hundred dollars ($1,500) per month for irrigation system components as part of this Contract. This amount is intended to cover all properties, accumulatively, as identified in the attached Task List and Frequency Schedules. This expense is to be included in the unit cost for the fundamental task at "Maintain/repair irrigation" on each list. 31. IRRIGATION SYSTEM OPERABILITY AND TESTING - OPERATION 31.01 In order to insure the operability of the irrigation system, Contractor shall sequence controller(s)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 is to 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, 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. 27 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 Repair/replace malfunctioning sprinkler heads within one (1)watering cycle. 31.05 Correct malfunctioning irrigation systems and equipment within two (2) hours of identification or following verbal notification. 31.06 Control the irrigation system during inclement weather conditions and limit the use of water concurrent with the weather situation to the satisfaction of the Contract Administrator. 31.07 Flushing of the irrigation lines of grit and gravel shall be done 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, is to be given to the City. This report will be in a form acceptable to the Contract Administrator. 32. BALLFIELD MAINTENANCE AND PREPARATION - OPERATION (NOT INCLUDED IN THIS PROJECT - NO BALLFIELDS IN PARK) 33. BALLFIELD PREPARATION AND MAINTENANCE - FREQUENCY (NOT INCLUDED IN THIS PROJECT - NO BALLFIELDS IN PARK) 34. DRINKING FOUNTAIN MAINTENANCE - OPERATION AND FREQUENCY 34.01 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 i immediately be reported to the Contract Administrator orally and thereafter in writing. For leaking fixtures, the water valve shall be turned off. I 34.02 City shall be responsible for the repair or replacement of drinking fountains and fixtures. Additional compensation may be authorized, at the discretion of the Contract Administrator, for the Contractor to perform said work. j 35. FERTILIZATION- OPERATION AND FREQUENCY 35.01 All fertilizer/micronutrient shall be approved by the Contract Administrator prior to application. 35.02 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. 35.03 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 fertilizer shall be inorganic and granular in form, with an approximate ratio of 4-1-2. Fertilizer is to be applied at the rate of one pound of actual nitrogen per thousand square feet of area. 28 i 35.04 Areas shall be fertilized using ratios and mixtures recommended by the Contract j Administrator at the rate of application in accordance with the manufacturer's recommendation. 35.05 Application shall be accomplished by an appropriate broadcaster drop-style spreader at one-half the recommended rate in two perpendicular directions. 35.06 There are approximately 102 total acres of area requiring fertilization within this Contract. Contractor will 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. 36. TENNIS COURT AND BASKETBALL COURT MAINTENANCE (NOT INCLUDED IN THIS PROJECT - NO COURTS IN PARK) 37. SHRUB AND TREE CARE / PRUNING - OPERATION I37.01 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 is to be performed by ISA Certified Tree Workers. Tree pruning shall be performed, with the intent of developing structurally sound trees, symmetric appearance with the proper vertical and horizontal clearance, as follows: i A. All trees shall be trimmed, shaped and thinned, and suckers removed to a height of twelve feet (12') from surface. B. All dead and damaged branches and limbs shall be removed at the point of breaking. I C. All trees shall be trimmed to prevent encroachment on private property. 37.02 Prune shrubs to encourage healthy growth habits and for shape to retain their natural form and proportionate size. Restrict growth of shrubbery 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. 37.03 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 should be made toward the outside portion of this "collar." If a tree does not produce this characteristic collar, then make the cut flush to the limb where it is growing. B. All limbs 1-1/2" or greater in diameter shall be undercut to prevent splitting. I 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. 37.04 Pruning Criteria: iA. The initial step of pruning shall be the removal of all dead wood, weak, Idiseased, insect- infested and damaged limbs. 29 B. All trees shall be pruned for vertical and horizontal clearance. Such clearances are: twelve feet (12') for pedestrian areas and walkways; fourteen feet (14') for vehicular roadways. C. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline. Limbs should 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 will be permitted. 37.05 All structural weaknesses, such as split crotch or limbs and diseased or decayed limbs, or severe damage shall be reported to the Contract Administrator. 37.06 Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways. 37.07 All trimming and debris shall be removed and disposed of offsite at the end of each day's work. 37.08 All trees that are downed by either natural or unnatural causes shall be removed and disposed of offsite within 24 hours. Stumps shall be removed to twelve inches (12") below grade and wood chips removed and hole backfilled to grade. 37.09 The underlying canopy of all trees will be maintained free of limbs and suckers to a height of 12 feet above ground. 37.10 All olive trees are to be fully trimmed annually prior to the spraying operation identified in 44.07. 38. CULTIVATING - OPERATION 38.01 Cultivate beds and planter areas 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. 39. RENOVATION /VERTICAL MOWING - OPERATION 39.01 Care shall be taken to avoid unnecessary or excessive injury to the turf grass. 39.02 Sweep or rake the dislodged thatch from the turf areas and place in appropriate trash bin(s). 39.03 Standard renovating or vertical mowing-type equipment shall be used. 39.04 Vertical Mowing - Turf: Vertical mow to remove thatch in turf areas to encourage healthy growth and maintain acceptable appearance. 39.05 Renovation - Turf: A. Renovate to the soil line and remove all excessive thatch in turf area. B. After thatch is removed and upon completion of turf renovation,all turf areas shall be overseeded, mulched and watered. 30 C. Areas to be overseeded will be seeded using blends or mixtures at the rate of application recommended by the Contract Administrator. 40. TURF RENOVATION / RESEEDING - OPERATION 40.01 All lawn areas of the parks are to be overseeded by Contractor annually. 40.02 All areas are to be scalped, vertically mowed per section 41 specifications and swept free of any loose grass clippings and debris. A maximum acceptable height of remaining turf after this operation is 1/4 inch. Soil must be visible throughout the turf area to insure positive soil contact with the seed. 40.03 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, preapproval to do so must be obtained from the Contract Administrator and all material must be removed daily. Absolutely no debris will be allowed left on site after scheduled daily work hours. 40.04 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 will be a consensus judgment between the Contractor and the City, if applicable. 40.05 Acceptable performance and turf renovation practices will be at the sole judgment of the City. If adequate renovation has not been 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 will be done at the sole discretion of the City's representative or authorized designee. 40.06 For overseeding purposes, all turf areas are to be fertilized with a "balanced" fertilizer blend with a minimum guaranteed analysis of 15% nitrogen, 15% phosphorus, 15% potassium at the time of overseeding. This application of fertilizer is in addition to all other fertilization requirements as referred to in this document. Fertilization must occur prior to initial irrigation on the seed. Minimum rate: 1 pound each of actual nitrogen, phosphorus and potassium per thousand square feet of area covered. 40.07 Seeding is to be done after renovation and prior to fertilization. Seeding must be jdone in two perpendicular directions at half the recommended rate in each direction to insure even coverage. After seeding and prior to fertilization, turf is to be mowed at 1/4 inch, with grass stubble debris to remain in place for additional coverage. i 40.08 Only Oregon-grown "Blue Tag Certified" seed will be allowed. Seed must be a perennial ryegrass blend.A minimum of two locally-proven grass varieties and not more than three varieties may be used in the blend. The maximum allowable percentage of any single varietywithin the blend shall not exceed 50% of the entire blend. 40.09 To compute seeding rates as required, the Pure Live Seed (PLS) method will be used. This calculation is based on determining viable seedlings by multiplying the germination percentage, as stated on the bag tag, by the percentage of pure seed, as stated on the bag tag, per individual seed lot. 40.10 Rates will vary depending on 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 will be provided, although bids are to be based on a per-thousand-square-foot basis. 40.11 General turf areas are to be seeded at 12 pounds (PLS) per 1,000 square feet. Sports turf areas are to be seeded at 14 pounds (PLS) per 1,000 square feet. 40.12 Seeding is not to occur prior to September 15 and must be one hundred percent (100%) completed in all areas no later than October 31 of each year. 31 41. DISEASE / INSECT CONTROL - OPERATION 41.01 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 within 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 mayonly 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. 41.02 The Contract Administrator shall be notified immediately of any disease, insects or unusual conditions that might develop. 41.03 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. 41.04 All Aleppo pine trees are to be sprayed four(4)times per year at the direction of the Contract Administrator.The spraying operation is to occur at night between the hours of 10:00 p.m. and 6:00 a.m. in all locations. All trees are to be completely sprayed according to the manufacturer's directions. Trees are to be treated for the control of red spider mites with a mixture of chemicals, such as Pentac and Morestan. This mixture is to 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 is also to include a surfactant for improved adhesion and all chemicals are to be applied at the curative rate recommended by the manufacturer. 42. PLANT MATERIALS - OPERATION 42.01 Plant materials shall conform to the requirements of the landscape plan of the area and to "Horticultural Standards"of American Association of Nurserymen as to kind, size, age, etc. Plans of record and specifications should be consulted to insure correct identification of species. Plant material larger than those specified may be supplied if complying in all other respects. 42.02 Substitutions may be allowed but only with prior written approval by the Contract Administrator. 42.03 Nomenclature - Plant names used in the landscape plan of the area conform to "Standardized Plant Names"by American Joint Committee on Horticultural Nomenclature. In those cases not covered therein, the custom of the nursery trade shall be followed. 42.04 Quality: A. Plants shall be sound, healthy, vigorous,free from plant disease, insect and pests ortheir eggs, and shall have healthy, normal root systems and comply with all state and local regulations governing these matters and shall be free from any noxious weeds. B. All trees shall be measured six inches (6") above the ground surface. C. Where caliper or other dimensions of any plant material are omitted from the Plant List, it shall be understood that these plant materials shall be normal stock for type listed. They must be sturdy enough to stand safely without staking. I D. Shape and Form: Plant materials shall be symmetrical and/or typical for variety and species and conform to measures specified in the Plant List. E. All plant materials must be provided from a licensed nursery and shall be Isubject to acceptance as to quality by the Contract Administrator. 32 I I I 42.05 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. 42.06 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. 43. LOCKS AND KEYS (NOT APPLICABLE TO THIS PROJECT) 44. SPECIALTY TASKS (NOT APPLICABLE TO THIS PROJECT) 45. RESTROOM MAINTENANCE-OPERATION) (NOT APPLICABLE TO THIS PROJECT) AS. RESTROOM MAINTENANCE (NOT APPLICABLE TO THIS PROJECT) 33 I EXHIBIT "B" SPECIAL REQUIREMENTS Section 2.2 Method of Payment: Invoices provided pursuant to this Agreement must be in a form approved by both the Director of Finance and the Contract Officer. Section 4.2 Contract Officer: The Director of Parks, Recreation and Golf is hereby named the Contract Officer. Section 7.7 Liquidated Damages: 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 through J are considered occasional. If an individual task is not performed correctly or within required time lines, the Contractor will be considered in default. Once considered in default, Liquidated Damages may be assessed against the Contractor on a per-task, site-specific basis until the default is corrected. The assessment shall be: 1)$50 per occurrence for regular tasks;2)$250 per occurrence for periodic tasks;and 3)$2,500 per occurrence for occasional tasks. After the first 90 days, in the event of a default, the above liquidated damages shall be assessed for failure to complete any individual task. A 90-day allowance 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)3 days to cure for periodic tasks and (b) 5 days to cure for occasional tasks. Liquidated Damages shall be assessed if the default is not timely cured. 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. The Contractor will not be found in default for regular and 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 the Contractor shall be given notice of all violations after contract commencement. The 90-day grace period does not apply to occasional tasks at any time during the Contract. SCHEDULE FREQUENCY ALLOTTED COMPLETION TIME "A" Completed Daily, before 10 a.m. "B" Completed Daily, before the close of business "C', Completed Daily, before the close of business-Mondaythrough Fridayonly "D" Completed Weekly, before the close of business on Friday "E" Completed Bi-Weekly or Two times per month "F" Completed Monthly or Twelve times per year "G" Completed Bi-Monthly or Six times per year "H" Completed Quarterly or Four times per year Completed Bi-Annually or Two times per year Completed Annually or One time per year jPayment Bond - Contractor shall provide a Payment Bond, in a the form specified by the City, in the sum of the amount of the Agreement. I I I I 34 I I I EXHIBIT "C° SCHEDULE OF COMPENSATION TOTAL COMPENSATION: Compensation for services to be provided hereunder shall be at a rate of$3,177 per month. Total compensation for the term of this agreement shall not exceed $25,416. INVOICING: Compensation for landscape maintenance services provided by the Contractor will be made on a monthly basis, based on receipt of acceptable invoices. I I I I I I I 35 I PARKS FUNDAMENTAL TASK LIST/ FREQUENCY SCHEDULE/ UNIT COST SCHEDULE FOR WELLNESS PARK Although some tasks are listed as annual, all tasks are expected to be performed over the term of the agreement. Annual overseeding will be scheduled for the fall of 2005 and the annual trimming of trees and application of pre-emergent herbicide will be scheduled for the spring of 2006. The bi-annual planting of annual flowers will be coordinated with the fall overseeding of turf and the late spring planting of annual flowers as directed by the City's Parks Department. FUNDAMENTALTASK FREQUENCY UNIT UNIT COST ANNUAL SCHEDULE COST MULTIPLIER COST Aerity turf I-Bi-Annually 195 x 2 390 Apply pre-emergent herbicide-landscape areas H-Quarterly 900 x 4 3600 Apply pre-emergent herbicide-turf areas J-Annually 585 x1 585 Blow off walks,curbs,gutters&hardscape D-Weekly 19 x 52 988 Clean drinking fountains A-Daily 6 x 365 2190 Clean parking lots E-Bi-Weekly 8 j x 24 416 Clean picnic tables&barbecues B-Daily 6 x 365 2190 Control nuisance pests D-Weekly 8 x 52 416 Cultivate beds D-Weekly 8 x 52 416 Empty trash receptacles/clean lids&ashtrays A-Daily 6 x 365 2190 ! Fertilize ornamentals&annuals F-Monthly 180 x 12 2160 Fertilize turf G-Bi-Monthly 135 x 6 810 iHerbicide turf G-Bi-Monthly 75 x 6 450 I Herbicide walks&landscape areas D-Weekly 8 x 52 416 Maintain sand areas A-Daily 6 x 365 2190 Maintain/repair irrigation B-Daily 6 x 365 2190 Pickup/remove litter&debris A-Daily 6 x 365 2190 i Plant annuals I-Bi-Annually 880 x 2 1760 Power edge all areas E-Bi-Weekly 8 x 24 192 Power mow turf D-Weekly 8 x 52 416 Power-string trim all areas D-Weekly 8 x 52 416 Prune/trim/shape/stake trees D-Weekly 8 x 52 416 Rake/remove leaves D-Weekly 8 x 52 416 Remove graffiti B-Daily 6 x 365 2190 Remove weeds/rake out sand landscape D-Weekly 8 x 52 416 iRenovate/overseed turf J-Annually 2475 x 1 2475 Spray insecticides D-Weekly 8 x 52 416 Spray olive trees Spray pine trees Trim hedges/shrubs G-Bi-Monthly 476 x 6 2856 Trim all trees J-Annually 2592 x 1 2592 I Wash down outside corridors/passageways/around buildings Annual Wellness Park Total. $38.124 Monthly Total: (Annual Total=l2) $3,1777 AGREEMENT TOTAL: (Monthly Total x 8) $25,416 36 EXHIBIT "D" SCHEDULE OF PERFORMANCE Term of Agreement The term of this contract is from November 1, 2005 to June 30, 2006. Frequency of Services: I FREQUENCY ALLOTTED COMPLETION TIME "A" Completed Daily, before 10 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 times per month "F" Completed Monthly or Twelve times per year "G" Completed Bi-Monthly or Six times per year "H" Completed Quarterly or Four times per year Completed Bi-Annually or Two times per year Completed Annually or One time per year i I I I I I I I I I I 37 I I I VENDORS & AMOUNTS BID VENDORS & AMOUNTS BID BID ABSTRACT J F: .�� �'-T DATE: )DINGTO:.eNQaX dJ71 �a / z CI ANTITY COMMODITY ITEM �/ d 60 PERFORMANCE BOND # 661115061 KNOW ALL MEN BY THESE PRESENTS, PWLC II , INC . LINCOLN GENERAL INSURANCE COMPANYas That Pac West baud Care, Inc, as Contractor, and Surety, are held firmly bound now the City of P rrugs, a harter.CiTy, organize an existing m the ounty of Riverside, California,hereinafter called the "City," in the sum of: Twenty Five Thousand Pour Hundred Sixteen Dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admniistrators, successors, and assigns,jointly and severally, firmly by these presents. WEIEREAS 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: Wellness Park Landscape Maintenance Service IPB 05-04 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 aad 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 I 1 t h day of October , 2005 Pac West Land Care , Inc . Contractor PWLC II , INC . Surety LINCOLN GENERAL INSURANCE COMPANY By By Caroi Arum Title Tide Attorney—in—fact jSEAL AND NOTARIAL ACKNOWLEDGMENT , OP SURETY I I I I State of California CALIFORNIA ALL-PURPOSE C:L,m t 1 s r cCe ss. Countyof /' CERTIFICATE OF ACKNOWLEDGMENT On I� ��/��jf0 before me, Ax-( Ar7 Dare Printed Name of Notary Pubhc personally appeared al -t kdta�'r�_ /U 61 111�*Z�&t?�1_42!,d5s� Pnnmd Name(s)of Signer(s) _ personally known to me -or- 2 proved to me on the basis of satisfactory evidence: ❑ form(s)of Identification ❑ crediblewitness(es) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacil ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MARI LYNN B W LL COMM.#1570578 NOTARY PUBLIC•CALIFORNIA� } RIVERSIDE COUNTY "', ,F'� , �� _ - ConxnissionE>t 'resAPR1B,2009 � f%� VSignature of Notary Public (Seal) OPTIONAL INFORMATION iAlthough the information in this section is not required by law, It Could prevent fraudulent removal and rea(lochri of this - acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document - jDescription of Attached Document The preceding Certificate of Ack�ayvledgment Is attached to a document titled/for the purpose of Oy i�� ✓ ❑Add¢ional Signer(s) ❑ Signer(s)Thumbpnn[(s) ❑other l containing / pages, and dated I The signer(s) capacity or authority Is/are as. ❑ Indlviduu(s) _ ❑ Attorney-in-Fact l - ❑ Corporate Officer(s) Tide(,) I ❑ Guardian/Conservator ❑ Partner- Limited/General -_ ❑ Trusteed) ❑ Other. l representing: Name(s)of Persons)or lintlynee Signer is Representing = O Copyright 200 holy y Rotary,Inc 925 29th st,net Moines,IA 50312 3612 Form ACI<62 02/04 To re older,call Loll free 1 877 349 63 the Internet at I c 86 or Los tus on Into dreno[aryshopc m PAYMENT BOND # 661115061 KNOW ALL MEN BY THESE PRESENTS, PWLC II , INC , LINCOLN GENERAL INSURANCE COMPANY That Pac West Land Care, Inc., as Contractor and as Surety, are hold firmly bound unto the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: Twenty Five Thousand Four Hundred Sixteen Dollars ($25,416.00) for the payment of which sum well and truly to be trade, 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: Wellness Park Landscape Maintenance Sevices )TB 05-04 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials,provisions, provender, equipment or other supplies used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development DeparrmouT from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by.the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory Thereof, and sections of other codes of the State of California referred to Therein and acts amendatory thereof, and provided that the persons, companies, or corporations so fumishiug said materials, provisions, provender, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements or maelAnery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay The same in an amount not exceeding the sum hereinbefore set forth and also will pay, in case suit is brought upon this bond, a reasonable anomey's fee, as i shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to thew or their assigns in any suit brought upon this bond. 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 dtt terms of said Contract Documents, shall not in any way i release said Contractor or said Surety Thereunder, nor&ball any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. i I I SIONATI)RES ON NEXT PAGE I I I I I SIGNED AND SEALED, tbj a l I t h day of October 2005. Pac West Land Care , Inc . SuretyLINCOLN GENERAL INSURANCE COt1PANY Contractor PWLC II INC i By Carol Stfum Title Attorney—in—fact Tir1e (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SUREM Conaactor Ey T le Corporations require two notarized signatures; One from each of the following: 1. Chairman of Board, President, or any Vice President: AND 2. Secretary,Assistant Secretary,Treasurer; Assistant Treasurer, or Chief Financial Officer). LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Carol Strum its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety,bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Milton Dollars(S3,000,000)and to bind it thereby as fiilly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4's day of September,2002. RESOLVED that the President, an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as A ttorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of Ore Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora to be Ixed, these presents to be signed by its duly authorized officers this 4th day%�"(Vmbg,2002. Attest: QyORAT@S Gary J. do Se tary a�: c,� — •':m% hojwani,Presid t =z 1977 :c)_ The Commonwealth of Pennsylvania = -3; a i O • York County 2 O ee'H — �a"Q• -t %ti• . i / On this 4th day of September, 2002, before mh;'?!ona)lj�came C. Bhojwani, to me known,who being duly sworn, did depose and say: that he is the President of the Co in and which executed the above instrument that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Beard of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. 1 Nolanal Seal The Commonwealth of Pennsylvania Catherine Mane Loose,Notary York County Spdngettsbury Two.,Y,.t C My Commission 2.puas June t 490 Notary Pubh r I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this Y I I t b day of October 2005 - •—�NlttumrONrp INS(/ r4,i ?`��' ORATES •t1% J, d ,Secretary 4 : pfs cD C — z: 1977 :'OOZE 1 J0 `� H aP: v' FNSri:JP�:avo' /'/,,��rrl/lr1/11111111rtP�rl``\ i I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of California County of Ventura On October 11 , 2005 before me, John Strum, Notary Public DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC' i personally appeared Carol Strum NAME(B)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), or the entity upon behalf of which the person(s) acted, executed the instrument. I 0 COOMM#5�M ; WITNESS my hand and official seal. 0 - NOTARY PUBLIC-CALIFORNIAG VENTURA COUNTY O x COMM.EXP.APRIL 13,2009't IGNATURE OF NOTARY I OPTIONAL s Though the data below is not required by law, it may prove valuabl4,t=rsonsrelying he document and could prevent fraudulent reattachment of this form. I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance & Payment Bond i TITLE OR TYPE OF DOCUMENT Tm_E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 4 © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 10/ 11/05 I DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENmY(IES) Lincoln General Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE I I State of California CALIFORNIA ALL-PURPOSE County of t SS' CERTIFICATE OF ACKNOWLEDGMENT /o On IOIlo k b, before me, �11!l�L j Yl /7 ,S,OS Data Panted NemeofN tart'Public personally appeared (�rt(l �jE�t� � ✓�� ✓?� �u� Pranced Niame(,)of Signer(,) n personally known to me -or- '/]�proved to me on the basis of satisfactory evidence: I' Xform(s)ofiden0ficanon 66 L, 1-05 '% =;? f133 11103 ❑ credible witness(es) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ! MARI LY NNLY NN BOSWELL COMM.#1570678 _ NOTARY PUBLIC•CALIFORNIA � RIVERSIDE COUNTY Commission APR18,2009 .. _/ ✓j,�Jrh r�rt,/""✓ �� �signa wre of Notary Public I (Seal) OPTIONAL INFORMATION Although the in form Goon in this section is not requited bylaw, it could prevent fraudulent removal and reattach men( of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document The preceding Certh'icate of A Imowledgment is ttached to a document titled/for the purpose Of ❑Additional Signer(,) �] Slgner(s)ThumbprinT(s) ❑Ocher containing 2� pages,and dated The signer(s) capacity or authority is/are as ❑ Individual(,) - ❑ Attorney-in-Fact ❑ Corporate Officer(s) - r Title(s) ❑ Guardian/Conservator ❑ Partner-Llmned/General i ❑ Trusree(s) - r ❑ Other: representing: Maine(,)of Persoo(s)or Enrirypes)Signal rs Aep@,enring 9 Notary notary,Inc 925 29rh Sc De Moores,IA 50312-3fi12 Form ACIK02 02/04 To—ore order,call Loll O Copyngh[200 s _ -bee 1 .e27 49-6588 or visa us on the Internet a[h¢p//www[heno[aryshop coin t- -"' P Phone 717 757-M FAX► 777-7514165 "i +* '� 33SaWA&dfmdJUF0,Bar 3709,, York PA 17402-0136 Bond No. 661115061 TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be i partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. I I I I SU 0009 12 02 I I I rremium ror Enis Dona incluaea in the bid bond service undertaking. BID BOND KNOW ALL MEN BY THESE PRESENTS, That PWLC II, INC . as Principal, and LINCOLN GENERAL INSURANCE COMPANY as Surety, are field and firm) boundunto The City o Palm Springs, hereinafter called the ity inthe sum of(state in l words and figures FIVE THOUSAND DOLLARS($5,000) i for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, l administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the bidding schedule(s)of the City's Contract Documents entitled: LANDSCAPE MAINTENANCE SERVICES(IFB 05-04) NOW THEREFORE, if said Principal is awarded a contract by said City,and,within the time and in the manner mqulred in the"Notice Inviting Bids"and the"Instructions to Bidders"enters into a written Agreement on the form of agreement bound with said Contract Documents,furnishes the required Certificates of Insurance,and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and Vold, otherwise it-shall remain in full force and effect.in the event suit is brought upon this bond by said City and City prevails,said Surety shall pay all costs incurred by said City in such suit,Including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED this 5 t h-day of July 2005 CONTRACTOR. (SEAL ANO NOTARIAL ACKNOWLEDGMENT OF SURETY) NAME: PWLC II, INC . (Check One:_indlvlduah—partnership,— orporailon) . By:_ 5ignaure NOTAR ED) Print Name and Title:. By-— Signature (NOTARIZED) ' Print Name and Title: ((corporations require Mn signatures: one from each of the followng groups:A.Chairman of Board,President or any)Ace President end B.Secretary,Ass.Secretary.Treasurer,Asst•. Treasurer,or Chief Financial Officer.) , SURETY: LINCOLN GENERAL INSURANCE COMPANY Carol Strum Title: Attorney—in—fact 32 ............... LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Carol Strum its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings,and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as Atterney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER* that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora to be a these presents to be signed by its duly authorized officers this 4th day(,4*pWmj)gj 2002. �AN' I N Attest-.. -10 Prea� - qjwam, Gary��kwrse Lary 0., d� — -t- 4=:i 9 --' 1977 The Commonwealth of Pennsylvania a York County 0'. 0% "'Nsnol! Zb�c came On this 4th day of September,2002, before Zb�carn C. Bhojwani, to me known,who being duly sworn, did depose and say:that he is the President of the CoiAm" in and which executed the above instrument that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company,and that he executed the said instrument by like order and authorityand the same was his free act and deed. Notarial Soot The Commonwealth of Pennsylvania Catherine Notary York County SPIlagaltsbury Twp.,York C mycommi...... I i Notary Publii-l' 1, Gary Oradorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a fill,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 5 t]a day of j U y 2005 aspkill!illititlit/1111, V z INSIj �Ifl I �ypORATF Secretary Z lainnill I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County Of Ventura On July 5 , 2005 before me, John Strum, Notary Public DATE NAME.TrrLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC' personally appeared Carol Strum 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), or the entity upon behalf of which the person(s) acted, executed the instrument. 9COMM STRUM WITNESS my hand and official seal. NOTARY PUBLIC-CAUFORNW Q VENTURA COUNTY 0 1COMIM1.EXP.APRIL 13,2W9-` r IGNATURE OF NOTARY OPTIONA 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 Bid Bond TITLE OR TYPE OF DOCUMENT TrrLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 07/05/05 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENmY(IES) Lincoln General Insurance Company — SIGNER(S)OTHER THAN NAMED ABOVE 1 .Cmedn er = Plm w 717-757-0000 FAX 1717-751-0165 <>3350WAifwdW.0.Bar3709, YmkPA I7A02-013G Bond No. BID BOND TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"),will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a I statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS I I Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 06,127/05 13:35 FAX 760 323 8238 PS PROC6REWr \T - - -- - - - — — - --- - — - - - - Q002/003 City of Palm Springs -.h �ppLMgy��O Procurement and Gonteaadntt M 3200 Ti.Tahga CanyrrD G�aF'Paim Sptings,Califecnis 92262 4* '9v"FQ,< t+ Tel:(760)322-8 73 •Pay;:060)323-8238` Web:wwm z. a[m-syrin s.cau �4 t FO'P,�4 ADDENDUM#1 TO INVITATION FOR BID#05-04 FOR WELLNESS PARK LANDSCAPE~MAINTENANCE SERVICES THE FOLLOWING ADDITIONS, CHANGES, AND CORRECTIONS ARE HEREBY MADE TO THE ABOVE REFERENCED INVITATION FOR BID: i I 1. DELETEIREPLACE:Delete the original"Bid Schedule,page(Page 28) and Replace with the attached'Bid Schedule-A"page, page 21IA. 2_ DELETE: Delete Item 1.09 from the Detailed Specifications (located on Page 11). The term of this Contract is estimated to 6e 10 months. I IALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS ADDENDUM MUST BE ACKNOWLEDGED AND RETURNED WITH THE REQUIRED BID FORMS . FAILURE TO ACKNOWLEDGE THIS ADDENDUM MAY CAUSE THE BID TO BE CONSIDERED NON-RESPONSIVE. BIDDER'SNAMEIFIRM: BIODFR'S ADDRESS: BIDDFHS ADDRESS: ,�1im ,QO"6c.,,., _ C." liza u'`(. BIDDER'S TELEPHONE: 7 aZ P�� � � FAX:r4C3 97 ��Sys U' RUCE OH SON,CPPO E3IDQEftS ACKNO f=DGAAENT Pro en Contracting Manager ADDENDUR&1-IM es-na Post Office Box 2743 • Palm Springs, Cagornia 92263-2743 06/27/05 13:36 FAX 760 323 8238 PS PRQC—tRE13En'T 0003/003 BID SCHEDULE -A FOR LANDSCAPE MAINTENANCE SERVICE FOR WELLNESS PARK IN THE CITY OF PALM SPRINGS Responding to Invitation for Bid No.05-04 for Landscape Maintenance Service for Wellness Park in the City of Palm Springs the undersigned Bidder proposes and agrees to perform the maintenance services in good order and in accordance with the specifications. )/We will provide the specified services at various locations wiffiln the City of Palm Springs,and will accept as full payment the following amounts; Monthly Total Mdension Total Cost Landscape Maintenance for Wellness Park $ a.0 yTa�� X A0 months Y UNIT COSTS FOR INDIVIDUAL TASKS MUST BE IDENTIFIED ON THE NEXT PAGE ENTITLED"PARKS FUNDAMENTAL TASK.LIST/FREQUENCY SCHEDULFJUP41T COST", PAYMENTS WILL BE MADE FROM ACCEPTABLE INVOICES ON A MONTHLY BASIS. TOTAL BID PRICE- For the lump sum of; - (Pdi infgunm) Sk kit, t'�9efV (Price in wordr) (y ialure of Authorized Flepresemative) (Printed Name of Authorized Represamative) (Name of Firm) & Y (Da*) Page 28A AbD�ar7Ai at-sisal-cK ' PARKS FUNDAMENTAL TASK LIST/ FREQUENCY SCHEDULE/ UNIT COST Although some tasks are listed as annual, all tasks are expected to be performed over the term of the agreement. Annual overseeding will be scheduled for the fall of 2005 and the annual trimming of trees and application of pre-emergent herbicide will be scheduled for the spring of 2006. The bi-annual planting of annual flowers will be coordinated with the fall overseeding of turf and the late spring planting of annual flowers as directed by the City's Parks Department. LOCATION: Desert Health Care District Park I FUNDAMENTALTASK FREQUENCY UNIT UNIT COST ANNUAL SCHEDULE COST MULTIPLIER COST Aerify turf I-Bi-Annually 9 V. x 2 S 'ra Apply pre-emergent herbicide-landscape areas H-Quarterly `ycp x 4 N Apply pre-emergent herbicide-turf areas J-Annually x 1 Blow off walks,curbs, gutters&hardscape D-Weekly x 52 fir Clean drinking fountains A-Daily x 365 91P Clean parking lots E-Bi-Weekly G°" x 24 Ff € Clean picnic tables&barbecues B-Daily x 365 Control nuisance pests D-Weekly x 52 �p Cultivate beds D-Weekly ; x 52 Qy>' Empty trash receptacles/clean lids&ashtrays A-Daily 4Px 365 AM6� Fertilize ornamentals&annuals F-Monthly -Ally x 12 V 40'E�p Fertilize turf G-Bi-Monthly /_Zz x 6 � Herbicide turf G-Bi-Monthly ; x 6 CN4r�t±p Herbicide walks&landscape areas D-Weekly x 52 Maintain sand areas A-Daily , x 365 ,p ^ Maintain/repair irrigation B-Daily x 365 7,, Pickup/remove litter&debris A-Daily x 3656n Plant annuals I-Bi-Annually x 2 Power edge all areas E-Bi-Weekly dry^ x 24 , Power mow turf D-Weekly " x 52 Power-string trim all areas D-Weekly : x 52 rlv Prune/trim/shape/stake trees D-Weekly x 52 Gr �° Rake/remove leaves D-Weekly x 52 14, Remove graffiti B-Daily x 365 Aor 11,1 Remove weeds/rake out sand landscape D-Weekly x 52 `Y 1a' Renovate/overseed turf J-Annually ' ' x 1 9w3" Spray insecticides D-Weekly ° x 52 /fir^ Spray olive trees Spray pine trees Trim hedges/shrubs G-Bi-Monthly I/ x 6 a Trim all trees J-Annually A�^,' x 1 d 6;4 air, w Wash down outside corridors/passageways/around buildings PAGE TOTAL td ANNUAL TOTAL: e MONTHLY TOTAL(ANNUAL TOTAL +- 12):$:fid''F�a f 29 INFORMATION REQUIRED OF BIDDER IFB 05-04 LIST OF SUBCONTRACTORS As required under Section 4100, et. seq., of the Public Contract Code, the Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one i percent of the Contractor's Total Bid Price,and shall also list the portion of the Work which will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise I provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor Percent License of Total Work to Be Performed Number Bid Subcontractor Name and Address 2 3 4 5 6 7 8 ATTACH ADDITIONAL SHEETS IF NECESSARY 30 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL State of California ) ss. County of � I, rta�, � 'ss'wa-�,° ��. , being first duly sworn, deposes and says that he or she is .r�ar ;�,,r' of CAAr czs the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,organization, or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true;and,further,that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, anyfee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BIDDyR BY 1y ; TITLE Y ORGANIZATION ��asn�a,6¢ w .� ADDRESS SUBSCRIBED AND SWORN TO BEFORE ME THIS 6 DAY OF � uric Ip CAMERON JOSEPH NEVINS W ;Di; COMM.#1508900 V TO ARYPUBLIC ll<1SAID V NOTARY PUBLIC-CALIFORMA NOTARYPUFBLICI070 RIVERSIOECOUNTY COUNTY AND STATE My Comm.EsPIRS August zo,2000 MY COMMISSION EXPIRES: AL�-duS'Y 2cz'2Gv� 31 CITY OF PALM SPRINGS LANDSCAPE MAINTENANCE SERVICES (IFB 05-04) Information Required of Bidder NO PROPOSAL WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL ALL APPLICABLE ITEMS MUST BE FILLED OUT. Bidder is required to supply the following: 1) Contractor/Firm Name and Address: 6i�_ Ubj F 2) Name and Title of person authorized to negotiate a contract for the firm: I 3) Telephone Number:(7f6o q B FAX Number (7LQ i i35 3?y4 6 I 4) Type of Firm: ❑ Individual Partnership Ef Corporation ❑ Other 5) Corporation organized under the laws of the State of_ �,d ry cr K r e� I 6) Name and Address of Surety Company that will provide the bonds for Contractor on this contract: Name fo Surety Company Agent: f 5tv; l tg u,r.t,rj4 7) Contractor's License No. , +° Primary Classification: f! ";= P I 8) List at least five (4) current contracts/references which are similar to the requirements in this IFB. Contract$ Contract Account Name &Address Contact Person Amount Term 9 & Phone Number a. —y a Qom 1t4 *Ajoamf�s/t�� ¢ a A dMluili1 C�c � I'�.Ctr' ,r'�'R:�;, ed'FlA�/'Pewir= ���&• P�i 3G:,a✓ t,:�^l ��'[aV '.a C. �+ 6 a AA �"�A,c�o-lFrs t'�W�•-M1..2d4;. } �:�4 ���.�',.7b }J n J. yEY� 'jVClt' M2&°mR i le"L� 'Oia`df 0) List the name, title, and telephone of the person who will supervise the work of this Contract for your firm: 10) Number of years in this type of business: 33 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That,' If(, . i41 , as Contractor and, %_ e4zr,4,v 69sif .-*4 as Surety are held firmly bound unto the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of: $ dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: I WELLNESS PARK LANDSCAPE MAINTENANCE SERVICES IFB 05-04 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. I PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of i 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. ` 4 SIGNED AND SEALED, this day of-Mtt, 200$ I Contractor`► 4(c C,. Contractor By fie•L✓ By Title '6 w rpk� Title I Corporations require two notarized signatures: One from each of the following: 1. Chairman of Board, President, or any Vice President: AND 2. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or,Chief Financial Officer). SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY CAMERON JOSEPH NEVINS m COMM.#1508900 V NOTARY PUBUC40AUFORNIA —i Surety to RIVERSIDE COUNTY al ��77� ♦ / 1�Yy My Comm Expires August 20.2009 B}/ 7'fAGY SGrJ A/C� /LQS/M xtfs!N fit' Title 34 I ' PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, j That . as Contractor and It�e�r�fr��utr�G P�sat!m! �aG as Surety, are held firmly bound unto the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: 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: WELLNESS PARK LANDSCAPE MAINTENANCE SERVICES IEB 05-04 P40W THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment or other supplies used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, provender, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum herembefore set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any snit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE 35 SIGNED AND SEALED, this day of y 2005. a Surety Contractor By u✓ .. AQywc 24c... .,.. Title 'dn.A'ai'r., —F (SEAL SU AND NOTARIAL ACKNOWLEDGMENT OF Contractor By .. CAAMMERON JOSEPH NEV�N W Title COMM.87508900 NOTARY PUBLIC-0AUFORNLA Corporations require two notarized m RIVERSIDE AU t9 My Ca R1V Expkas R81DEC0:, 2Q 20oB - signatures: One from each of the following: 'I. Chairman of Board, President, or any Vice President: AND 2. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer, or Chief Financial Officer). 36 i I I I I CITY OF PALM SPRINGS I CONTRACT SERVICES AGREEMENT FOR i I I j THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2005 by and between the CITY OF PALM SPRINGS, ­a municipal corporation, (herein "City") and (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,the Contractor shall provide those services specified in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or"work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit forthe 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 forthe Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor 37 I 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 fosses 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 underthis Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and Lake 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 orderextra 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 $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall riot apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Dollars, ($ ) (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 38 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 NY, if any, and incorporated herein by this reference. When requested bythe 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 Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be Extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract 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 isjustified. 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)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 39 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract 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 rnean 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 substantial inducement forthe 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 transferto any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 40 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 memberof any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractorshall procure and maintain,at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least$1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsementform CG2010(1185)orequivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (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 :iection 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 orappropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. 41 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 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) Contractorwill 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 partyto any action or proceeding filed or prosecuted against Contractorfor 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 play 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 42 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 ordecreased risk of loss to the City,the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this ;iection 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 tlhisAgreement. 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 prior written approval of the Contract Officer. 43 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 or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as ai 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 Riahts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other nights 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. 44 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 ($ )asliquidateddamagesforeachworkingday 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 by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) 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 maybe 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 sixty (60) 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 reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take overthe work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be 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 45 event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that 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 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 Agreementwhich 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. 46 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 (July 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. 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 By: By City Clerk City Manager APPROVED AS TO FORM: By: City Attorney 47 (3ONTRACTOR: Insert Contractor Name Here Check one:_Individual r"Partnership_Corporation Insert Contractor Address here Insert Contractor Address here Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). By: By: Signature(notarized) Signature(notarized) Name: ;��^��• � `�1><t" ��'✓m Name: IV Title:1, � �',�°A C>�-'dt¢`� Title: Address: „%'� -^ gs Address. '�6i�z ��,tfAtFdolm• �,� tl���r�d� State of State of I County of /ZruersroSlSS County of Iss OnjAy_A,a_�Ibeforeme, On before me, personally appeared f�rv/ /?aSr...uSSeiv personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(P�Nhose name(.%)is/aFe satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to methat he/shekf#a+y^executed the same in his/herL&,r authorized he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herz h signature( ) an the capacity(ies), and that by his/her/their signature(s) on the instrument the person(yY,or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(*acted, executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: r Notary Signature: Notary Seal: Notary Seal: C - - — -- .. CAMERON JOSEPH NEVINS COMM.#1608900 n (� NOTARY PUBLIC-0ALIFORMA py RIVERSIDECOUNTY Y My Comm ExpGes August 20,2W! 48 EXHIBIT "A" SCOPE OF SERVICES ����'i,4T.�tiY'.i.�s..i--... d��=wsh,Ar�' d H'Yr'.F.eve-"e�.�•-' eta �y�eu+ar a *L4 ot,gs�i 49 10/11/2005 11:27 FAX 7606303863 PAC WEST LAND CARE INC p�002 OCT-05-20050EA) 15: 1 ) OGILVY HILL INSURANCE (FAII)805 815 4166 T�. uulluul i COFto CERTIFICATE OF LIABILITY INSURANCE OF) P" oMos o RImPUCEFI THIS CERTIFICATE IS ISSUEDASA MATTER OFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Og ,lv7ir-Hi17, ASVn.T'a.nGC HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR i P. 0. Sox 929 ALTER THE COVERAGEAFFOR13EDSYTHE POLICIES BELOW. Banta Saxbouca CA 93102 Hhoao.805-966-4101 8axY805-966-7B10 INSURERS AFFORDING COVERAGE. 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ACtn�llis � Sooth INPURERG 2200000 lIxe�'Hsve TUriva INSURERUI Ralm Springs, CA 92262 INgURER'L' COVERAGES THE 1�o41CleR OFINtlINUNCk IJ=D RELPW IIAVI:OEEN I8811E0 TOTMk 105UROO NAM00 ADWrlFVkTNEPCL ICY PERIOC INPICATkP NOTWITHP'YANCINC ANY RECIUIREMENT.TERfA CR CON011'iON OFANYCON'1'RACTPR 01I1ER DocumM'PWITM RkOPkeT'RO W111CId T1118 c9FP7FICATE NAYRF IMUFP OR tMY wkRTAIN,THE{NgURANCkAP1A?RWED UYH'IG PCLICIEB oEECHIWkC HMMIN l"19WIhiPCTTCALL%iiE'I'ENM9,EMNUSIONgANU CONOMONP OF SUCH PCLICII::7.APG1kF.Nl'E WMI'M SHOWN M AYHAVE OEM A U0WIlY PAII)CLAIMIL MID oCly LTRWa F/PYOPWeUNANCC pDLiCTNPMAA MUY��A C LIMRS CNNERALLIAEILTM MR OCCURRL'NCC :1`d oO rOOa A �7C CDMMERCIALPL'NkRAL LMPILITY CBP0003680 03/10/05 03110/06 mgweS(Eeam pnwl. . s10o 1000 CLAIMDMADO 1 (OCCUR NO OD3[A&Mpu C.nan s5 000 _ PSASONALBADVINJURY $1 000000 _ CENERALACOR "'M $2 000 000 u6N'LACCREOA"I"Im"ArAft PPIL• mcpum-cOMPIoPACO 32 000 D00 w-2� j 7 1L o c ..... AUTOMONP,k MMIMJY CCM01 081NCLk LIMIT A % AWAUTC c"80003620 D3610/50 03/%0/06 (EYE nO $IPQOQ�000 ALLOWNEDAUT08 NOPILYINJURY ; SCHED1.10JAL11Cal IF .0I HIMIPAUTO, 11001LYl JURY N0N4WNQZAU'fOR IPCPA2eIant) 5 - _--- Rflpik�R7YUAMAck ; 1N� I CARACS LIARILDI' AUTO ONLY-MACCICPNT D �� AAYAUTo ORYRtriIAN SA ACC 3 AUTO CNLYt ACD 5 kNPk35AWNFkLLA LIACII.RY P,ACH OCCURRFNCE $ 1 OCCUR 0 CLAIMS MADk AUOREOATE OECUCYIPLk 5 RkTfNY1PM s 5 WIXt 4"CPMPMM4113MANO R n 5MPLOYEW LiANILRY H ANY nRdNiIETaRA+ARTNkiYIUxEGUTIVIC 0100007172-0= 0 110/05 03/10/06 CJ."CHACCIMENT S1tl00000 oywoNl:k,R�r,MIkMnICdR�CACLUOE E.L.DaFi19e.EA FLOYk 510000Q0 6pF_d P'A"ll IONxwmw ail.DIn ..POLICY LIMIT C i000000 MAR htleCWppnN OF OPCRIL'gPN'A I I, C TIONDI E LED EACLUDIOMD OW13M OY MUMMI:MCNT DpEC1ALNAO ItlIOND Proof of Tnauta ca- f CERTIFICATE HOLDER CANCELLATION PpyTa-- WOULD ANY Ow'RO:ANOIIkOf3CRIPkP PPNC196 PR CANCELLED EEFORETHk FxpIRATio DATE VHENCOP,THE INSUINM INSPARRVALLANDAAVORTO MAIL A10 PAYSWOMMN C, ty 02 PRL'J.'pi Springs NQTICk To YllkckMlPIIJI'Yk HPLODR NAMEDTOeHE LEFT,NLITFAILLIMTo OO NP SHALL Wu11a9sz Paxk LAACIO=p* IMHDSk NO PNNU0130 PRLIADILRY OP ANY HIND UPON 7RE:INSUMER."ACENTD OR REPRCakNYA71VED, AERi RC 11 ACORD 25(2001100) -1 6+ACORD CORPORATION 1900