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CITY COUNCIL STAFF REPORT
DATE: October 5, 2005 CONSENT CALENDAR
SUBJECT: AWARD BID FOR WELLNESS PARK LANDSCAPE MAINTENANCE
FROM: David H. Ready, City Manager
BY: Parks, Recreation and Golf and Procurement and Contracting
SUMMARY
'This action, awarding IFB No. 05-04 for the landscape maintenance of Wellness Park
ifor an abbreviated period of performance set to expire in conjunction with the City-wide
parks maintenance contract, will provide necessary services for the City's newest park.
RECOMMENDATION:
1. Adopt Minute Order No. approving a contract for landscape
maintenance of Wellness Park with Pac West Land Care, Inc in the amount of
$3,177 per month for 8 months for a total cost of $25,416.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
'The Desert Healthcare District constructed and donated Wellness Park to the City. City
:staff issued an Invitation for Bids (IFB) for landscape maintenance services for a period
commencing with the expiration of the warranty period on the construction and running
until the expiration of the City-wide parks and assessment district landscape
maintenance contract in June of 2006. Future maintenance at the park will be included
in the city-wide landscape maintenance contract.
IFB 05-04 was advertised and mailed to ten contractors. Pricing proposals were sought
on a cost/month basis, as the final term of the agreement was not certain. When issued
it was believed that the term of the contract would be for 10 months. Minor delays in the
construction of the project and the inclusion of a warranty maintenance period in the
Healthcare District's bid have resulted in a proposed term of 8 months.
Item No. 2 . L.
City Council Staff Report
October 5, 2005 -- Page 2
Wellness Park Landscape Maintenance
Two firms submitted bids as follows:
Pac West Land Care, Inc. $3,177/month
Pink, Inc. $4,730/month
For an 8-month period of performance, award of the bid to Pac West Land Care will
result in total compensation of $25,416.
1=1SCAL IMPACT: IFinance Director Review: ;o o "�
Funds for these services are available in Account No. 0 1 2451-43240, Other Contract
Services.
. ott Mikesell, Director of Parks, uce R)J 'hnson, Procurement and
Recreation and Golf Contractin _
Troy Butzlaff, Assistant City Manager
David H. Ready, City Mager
Attachments:
Minute Order
Contract Services Agreement
MINUTE ORDER NO.
APPROVING A CONTRACT FOR LANDSCAPE
MAINTENANCE OF WELLNESS PARK WITH
PAC WEST LAND CARE, INC IN THE AMOUNT
OF $3,177 PER MONTH FOR 8 MONTHS FOR A
TOTAL COST OF $25,416
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this
Minute Order approving a contract for landscape maintenance of Wellness Park with
Pac West Land Care, Inc in the amount of $3,177 per month for 8 months for a total
cost of $25,416, was adopted by the City Council of the City of Palm Springs, California,
in a meeting thereof held on the 5th day of October, 2005.
James Thompson, City Clerk
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
WELLNESS PARK LANDSCAPE MAINTENANCE SERVICES
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 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 Contractorshall provide those services specified in the"Scope of Services"
attached hereto as Exhibit A" and incorporated herein by this reference, which services
may be referred to herein as the"services"or"work" hereunder. As a material inducement
to the City entering into this Agreement, Contractor represents and warrants that
Contractor is a provider of first class work and services and Contractor is experienced in
performing the work and services contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow the highest professional standards
in performing the work and services required hereunder and that all materials will be of
good quality, fit for the purpose intended. For purposes of this Agreement, the phrase
"highest professional standards"shall mean those standards of practice recognized by one
or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the
Contractor's proposal or bid which shall be incorporated herein bythis 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
aind interest, which may be imposed by law and arise from or are necessary for the
Contractor's performance of the services required by this Agreement, and shall indemnify,
defend and hold harmless City against any such fees, assessments, taxes penalties or
interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants
that Contractor(a) has thoroughly investigated and considered the scope of services to be
performed, (b)has carefully considered how the services should be performed, and(c)fully
understands the facilities, difficulties and restrictions attending performance of the services
under this Agreement. If the services involve work upon any site, Contractor warrants that
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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 Contractorshall 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 bythe 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
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 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
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necessary expenditures for reproduction costs,telephone expense,transportation expense
approved by the Contract Officer in advance, and no other expenses and only if specified
iln the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City; Contractor
shall not be entitled to any additional compensation for attending said meetings.
Contractor hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Contractor
anticipates, that Contractor shall not be entitled to additional compensation therefore, and
the provisions of Section 1.8 shall not be applicable for such services.
2.2 Method of Payment. Unless some other method of payment is
specified in the Schedule of Compensation, in any month in which Contractor wishes to
receive payment, no later than the first (1 st) working day of such month, Contractor shall
submit to the City in the form approved by the City's Director of Finance, an invoice for
;services rendered prior to the date of the invoice. Except as provided in Section 7.3, City
shall pay Contractor for all expenses stated thereon which are approved by City pursuant
to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
Agreement. 3.1 Time of Essence. Time is of the essence in the performance of this
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
withoutthe 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)year from the date hereof, except as otherwise provided
in the Schedule of Performance (Exhibit "D").
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4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor
are hereby designated as being the principals and representatives of Contractor authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
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
supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by
Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may
be designated by the City Manager of City. It shall be the Contractor's responsibility to
assure that the Contract Officer is kept informed of the progress of the performance of the
services and the Contractor shall refer any decisions which must be made by City to the
Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor
shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated
or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. Transfers restricted hereunder shall
include the transfer to any person or group of persons acting in concert of more than
twenty five percent(25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved
transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities
with offices located within the jurisdictional boundaries of the City of Palm Springs and, if
none are available, to persons or entities with offices located in the Coachella Valley
("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award
subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the
work required. In requesting for the City to consent to a subcontract with a person or entity
that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such
good faith efforts have been made or that no Local Subcontractors are qualified to perform
the work. Said good faith efforts may be evidenced by placing advertisements inviting
proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular
subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all
contracts and subcontracts hereunder for the period specified in Section 6.2.
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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 contractorof 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 anyway or for any purpose become or be deemed
to be a partner of Contractor in its business or otherwise or a joint venturer or a member
of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial
general liability insurance written on a per occurrence basis with a combined single
limit of a least $1,000,000 bodily injury and property damage including coverages
for contractual liability, personal injury, independent contractors, broad form
property damage, products and completed operations. The Commercial General
Liability Policy shall name the City of Palm Springs as an additional insured in
accordancewith standard ISO additional insured endorsementform 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
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.
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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 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
or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made
a party to any action or proceeding filed or prosecuted against Contractor for such
damages or other claims arising out of or in connection with the negligent performance of
or failure to perform the work, operation or activities of Contractor hereunder, Contractor
agrees to pay to the City, its officers, agents or employees, any and all costs and expenses
incurred by the City, its officers, agents or employees in such action or proceeding,
including but not limited to, legal costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance
elf 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
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California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, unless such requirements are waived by the City
Manager or designee of the City ("City Manager") due to unique circumstances. In the
event the City Manager determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the Contractor
agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice from
the City Manager or designee; provided that the Contractor shall have the right to appeal
a determination of increased coverage by the City Manager to the City Council of City
within ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the
City is greatly concerned about the cost of work and services to be performed pursuant to
this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of
,any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the work or services contemplated herein or, if Contractor is providing
design services,the cost of the project being designed, Contractor shall promptly notify the
Contract Officer of said fact, circumstance,technique or event and the estimated increased
or decreased cost related thereto and, if Contractor is providing design services, the
Estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep,
such books and records as shall be necessary to perform the services required by this
Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period
of three (3) years following completion of the services hereunder, and the City shall have
access to such records in the event any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of
City and shall be delivered to City upon request of the Contract Officer or upon the
termination of this Agreement, and Contractor shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights of ownership
of the documents and materials hereunder. Any use of such completed documents for
other projects and/or use of uncompleted documents without specific written authorization
by the Contractor will be at the City's sole risk and without liability to Contractor, and the
City shall indemnify the Contractor for all damages resulting therefrom. Contractor may
retain copies of such documents for its own use. Contractor shall have an unrestricted
night to use the concepts embodied therein. All subcontractors shall provide for
aissignment to City of any documents or materials prepared by them, and in the event
Contractor fails to secure such assignment, Contractor shall indemnify Cityfor all damages
resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the priorwritten approval of the
Contract Officer.
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
�n 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
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 waiverof 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
;iection 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from
any amount payable to Contractor (whether or not arising out of this Agreement) (i) any
amounts the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing orfailing to perform Contractor's obligation underthis Agreement.
In the event that any claim is made by a third party, the amount or validity of which is
disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis
for a claim of lien, City may withhold 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 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
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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.
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(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
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 Contractorfor the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorne s' 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 orequitable, shall be entitled to reasonable attorney's
fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party
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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
4greement.
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 oremployee
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
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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, orsections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.5 CoroorateAuthority. The persons executing this Agreement on behalf
of the parties hereto warrant that (i) such party is duly organized and existing, (ii)they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
Executing this Agreement, such party is formally bound to the provisions of this Agreement,
and (iv) the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound.
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
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CONTRACTOR: Pac 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: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
Address: Address:
State of State of
County of lss County of Iss
On---before me, On before me,
personally appeared 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(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
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.
D. 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
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:
Annual Planting
Aeration
Fertilizing
• Overseeding
Verticutting
Tractor/Skiploader Work
• Pesticide Spraying
Tree Trimming
These services are technical in nature and the kind of equipment required is not the normal
equipment for on-site landscape laborers to use.
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.
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DETAILED SPECIFICATIONS:
'I. 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 necessaryfor
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 orturf areas, unless directed
to do so by the Contract Administrator.
1.05 Contractor recognizes that during the course of the Contract, other activities and
operations may be conducted by City work forces and other contracted parties. These activities
may include,but not be limited to,landscape refurbishment, irrigation system modification or repair,
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.
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.
1.07 Contractor shall perform a weekly maintenance inspection during daylight hours of
all areas identified in the Contract. Such inspection shall be both visual and operational. It shall
include operation of all irrigation, lighting and other mechanical systems to check for proper
condition and reliability. Contractorshall take immediate steps to correct any observed irregularities
and submit a written report regarding such circumstances to the Contract Administrator.
1.08 Contractor shall be required to clearly identify and equip each vehicle used at said
facilities with decals on the exterior right 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.
2',. FACILITIES TO BE MAINTAINED
2.01 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
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2.02 Contractor will be responsible for conducting a personal inspection of the facilities
and surrounding areas identified in paragraph 2.01 above. Contractor will 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
When 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.
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.
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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.
5.02 All such repairs or replacements shall be completed within the following time limits:
A. Irrigation component damage shall be repaired or replaced within one
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:
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
or lateral-leaching,shall be corrected in accordance with the aforementioned
maintenance practices and the soil conditioned to insure its ability to 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 from 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.
7.02 During the normal days and hours of operation, whenever immediate action is
required to prevent an impending injury, death or property damage to the facilities being
maintained, City may, after reasonable attempt to notify the Contractor, cause such action to be
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.
7.03 Contractor shall maintain a written log of all complaints,the date and time received,
and the action taken pursuant thereto or the reason for 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.
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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
week to respond to all emergencies within two (2) hours of notification.
9.04 Pursuant to State of California Labor Code, Contractor is directed to the following
prescribed requirementwith respect to the hours of employment. Eight(8) hours of labor underthe
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 calendarweek, 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
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
18
planned performance.Said revisions shall be submitted to the Contract Ad min istrator 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 any time give Contractor written notice to the effect
that the conduct or action of a designated employee of the Contractor is, in the reasonable belief
of the Contract Administrator, detrimental to the interest of the public patronizing the premises.
Contractor shall meet with the Contract Administrator to consider the appropriate course of action
with respect to such matter and Contractor shall take reasonable measures
under the circumstances to assure the Contract Administrator that the conduct and activities of
Contractor's employees will not be detrimental to the interest of the public patronizing the premises.
11.03 The City requires Contractor to establish an identification system for all personnel
assigned to any facility or crew that clearly indicates to the public the name of the Contractor
responsible for the landscape and grounds maintenance services and the employees' names. The
identification system shall be furnished at the Contractor's expense and must include appropriate
attire and/or name badges as specified by the City.
11.04 Contractor shall require each of its employees to adhere to basic public works
standards of working attire. These are basically uniforms, proper shoes and other gear required
by state safety regulations and proper wearing of the clothing. Shirts shall be worn at all times and
shall be buttoned.
12. TRAFFIC CONTROL/ SIGNS / IMPROVEMENTS
12.01 While working within the public right-of-way, Contractor, at its own expense, shall
maintain strict traffic control, signs, lighting and barricading standards as required by the Contract
Administrator. As a minimum requirement, all maintenance and construction signs, lighting and
barricading shall be in accordance with the State of California Department of Transportation's
Manual of Traffic Controls for Construction and Maintenance Work Zones, 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
improvements thereon, unless prior approval is obtained from the Contract Administrator.
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113. 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.
16.04 Records of all operations stating dates, times, methods of application, chemical
formulations, applicators' names and weather conditions shall be made and retained in an active
file for a minimum of three (3) years.
16.05 All chemicals requiring a special permit for use must be registered with the county
agricultural commissioner's office and a permit obtained,with a copy to the Contract Administrator.
16.06 All regulations and safety precautions listed in the"Pesticide Information and Safety
Manual" published by the University of California shall be adhered to.
16.07 Chemicals shall be applied when air currents are still, preventing drifting onto
adjacent property and 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.
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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 maybe set as high as 1-1/2", 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 varyfor 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.
119. CHEMICAL EDGING / DETAILING /WEED CONTROL - OPERATION
19.01 Chemical application may be used in and around certain sites, such as planters,
areas adjacent to buildings, trees, fence lines, sprinkler heads, etc., as approved by the Contract
Administrator. Priorto application of chemicals, all areas shall be trimmed to proper mowing height.
Chemicals shall be applied in a manner to limit drift to
four inches (4"). Precautionary measures shall be employed since all areas will be open for public
access during application.
19.02 Spot treat with a portable sprayer or wick wand using a herbicide approved by the
Contract Administrator and applied in accordance with the manufacturer's recommendations.Water
shall not be applied to treated areas for the length of time specified by the product manufacturer.
19.03 Where trees and shrubs occur in turf areas, all grass growth may be limited to at
least eighteen inches (18") from the trunks of trees and away from the drip line of shrubs by use
of approved chemicals upon approval to do so by the Contract Administrator.
19.04 Linear chemical edging of turf boundaries may be performed in a manner that
ensures a defined turf edge and limits its encroachment into beds or across boundaries where it
is impractical to edge mechanically. A four-inch (4%) barrier width shall be considered normal.
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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
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.
20.02 Complete policing, litter pickup and supplemental hand sweeping of parking lot
corners and other parking lot areas inaccessible to power equipment shall be accomplished to
ensure a neat appearance. This 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.
20.04 All trash on turf areas is to be picked up prior to beginning the mowing operation.
21. TRASH CONTAINERS - OPERATION
21.01 All outdoor and building exterior trash containers shall be emptied daily prior to 10:00
a.m. All disposable materials shall be placed in appropriate trash bin(s).
21.02 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.
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21.04 Containers shall be painted to match the original color of the container and stenciled
as needed.
City. 21.05 Park containers shall be fifty-five(55)gallon drums unless otherwise provided by the
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.
22.02 A designated storage area will be provided for the trash bin(s).
22.03 When used, trash trucks shall not be permitted on turf areas.
23. RAKING - OPERATION
23.01 Accumulation of leaves,tree limbs and debris shall be removed from all landscaped
areas, including beds, planters and turf areas under trees, and placed in appropriate trash 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.
24.04 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
to Contractor's neglect to maintenance operations, all materials shall be replaced at no cost to City
upon notification to Contractor.
24.06 Staking and Tying:
A. Replacement of missing or damaged stakes where the tree diameter is less
than three inches (3").
B. Stake in those cases where tree has been damaged and requires staking
for support.
C. Stake new trees or recently-planted trees that have not previously been
staked.
D. Materials:
(1.) Tree stakes, two (2) per tree, shall be pentachlorophenol-treated
lodge pole pine not less than eight feet (T) in length for five (5)
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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
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
immediately following 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
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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 (F) spacing.
29.02 All turf areas are to be aerified twice annually during the growing season from April
to August.
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30. WATERING AND IRRIGATION SYSTEM MAINTENANCE
30.01 Since water requirements by plants vary according to the season and a particular
year, extremely close attention shall be paid to the demands of the plants as influenced by their
exposure to sun, wind, shade and location in the individual planters. The variation in size of plants
installed, as well as the varieties, shall be taken into consideration. All landscaped and turf areas
shall be irrigated as required to maintain adequate growth and appearance with a schedule most
conducive to plant growth for operational mode.
30.02 Adequate soil moisture will be determined by programming the irrigation system as
follows:
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 night watering.
This may include daytime watering during freezing weather to prevent icy
conditions and manual operation of the irrigation system and/or hand
watering with portable sprinklers during periods of windy or inclement
weather.
C. A soil probe shall be used to a depth of twelve inches (12")to determine the
water penetration by random testing of the root zones.
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.
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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 boxcovers due to normal wear,vandalism and/or third-party
negligence with ones of equal size and quality.
I. 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.
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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
immediately be reported to the Contract Administrator orally and thereafter
in writing. For leaking fixtures, the water valve shall be turned off.
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.
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.
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35.04 Areas shall be fertilized using ratios and mixtures recommended by the Contract
Administrator at the rate of application in accordance with the manufacturer's recommendation.
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
37.01 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:
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.
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.
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:
A. The initial step of pruning shall be the removal of all dead wood, weak,
diseased, insect- infested and damaged limbs.
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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.
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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
done 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.
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 variety within
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.
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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 or their eggs, and shall have healthy, normal root systems and comply
with all state and local regulations governing these matters and shall be free
from any noxious weeds.
B. All trees shall be measured six inches (6") above the ground surface.
C. Where caliper or other dimensions of any plant material are omitted from the
Plant List, it shall be understood that these plant materials shall be normal
stock for type listed. They must be sturdy enough to stand safely without
staking.
D. Shape and Form: Plant materials shall be symmetrical and/or typical for
variety and species and conform to measures specified in the Plant List.
E. All plant materials must be provided from a licensed nursery and shall be
subject to acceptance as to quality by the Contract Administrator.
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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)
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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-Monday through Friday only
"D" Completed Weekly, before the close of business on Friday
"E" Completed Bi-Weekly or Two times per month
"I" 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
Payment Bond - Contractor shall provide a Payment Bond, in a the form specified by the
City, in the sum of the amount of the Agreement.
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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.
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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 turfand 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
Aerify 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 x 1 585
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 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
Herbicide turf G-Bi-Monthly 75 x 6 450
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
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
Renovate/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
Wash down outside corridors/passageways/around
buildings
Annual Wellness Park Total: $38,124
Monthly Total: (Annual Total-12) $3,1777
AGREEMENT TOTAL: (Monthly Total x 8) $25,416
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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:
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
Completed Quarterly or Four times per year
Completed Bi-Annually or Two times per year
J" Completed Annually or One time per year
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