HomeMy WebLinkAbout03572 - LANDSCAPE WEST TRUGREEN LANDCARE MO5615 pALM SA City of Palm Springs
Office of the City Clerk
(760) 323-8204
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MEMORANDUM
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C�[1 FOR x'
Date: March 31, 2003
To: Parks, Recreation & Facilities
From: City Clerk
AGREEMENT #3572— LandCare USA Inc.
Please let us know the status of the above agreement, and if it may be closed.
Termination Date of Agreement: 12-1-99
STATUS:
COMPLETED:
REMAIN OPEN UNTIL:
Date & Initials
CLOSE AGR
/ Signature
PLEASE RETURN TO THE OFFICE OF THE CITY CLERK
c-c1k\f6rms.std\agr-c1 se.mcm
Landscape West, Inc.
. Certain Parkways & Facilities
3 yrs until 12-14-98
AGREEMENT #3572
M05615, 8-2-95
CONTRACT SERVICES AGREEMENT FOR
LANDSCAPE MAINTENANCE SERVICES FOR CERTAIN PARKWAYS AND FACILITIES
T�Hs CONTRACT SERVICES AGREEMENT(herein "Agreement'), is made and entered into this,`
day of I M5, by and beihveen the CITY OF PALM SPRINGS, a municipal corporation,
(herein "City', and Landscape West, Inc., (herein "Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which services may be referred to herein as the 'services" or "work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants
that Contractor is a provider of first class work and services and Contractor is experienced in performing the work
and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended.
1.2 Contractor's Proposal, The Scope of Services shall include the Contractor's proposal or
bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local
governmental agency having jurisdiction in effect at the time service is rendered.
1.4 Licenses. Permits. Fees and Assessments. Contractor shall obtain at its sole cost and
expense such licenses,permits and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest,which may be unposed 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 Agreement,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) fidly understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants
that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing,
prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,
which will materially affect the performance of the services hereunder, Contractor shall immediately inform the
Contract Administrator of such fact and shall not proceed except at Contractor's risk until written instructions are
received from the Contract Administrator.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment,materials, papers, documents, plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages,
to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence.
1.7 Further Responsibilities ofParties. 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. The Contract Administrator 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 alter;mg, adding to or deducting from said work. No such extra work
may be undertaken unless a written order is first given by the Contract Administrator to the Contractor,
incorporating therein any adjustment in(i)the Contract Sum,and/or(ii)the time to perform this Agreement, which
said adjustments are subject to the written approval of the Contractor. Any increase in compensation of Five
Thousand Dollars ($5,000.00) or less for any one occurrence or Twenty-Five Thousand Dollars (S25,000.00)or
less in the aggregate in any twelve (12)month period, or in the time to perform of one hundred eighty(180)days
or less may be approved by the Contract Administrator with City Manager approval. 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. 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 and
that Contractor shall not be entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,which
are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit'B' and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions
of this Agreement, the provisions of Exhibit "B_shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,the Contractor shall
be compensated in accordance with the'Schedule of Compensation'attached hereto as Exhibit'C'and incorporated
herein by this reference. The total annual compensation shall not exceed this amount, with the exception of the
provision contained in Section 1.8. The method of compensation may include: (i) a lump sum payment upon
completion,(ii)payment in accordance with the percentage of completion of the services, (iii)payment for time and
materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the
Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may
include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense,
transportation expense approved by the Contract Administrator in advance, and no other expenses and only if
specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all
project meetings reasonably deemed necessary by the Contract Administrator. Contractor shall not be entitled to any
additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule
of Compensation,in any month in which Contractor wishes to receive payment,no later than the first(1st)working
day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an
invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.2, City shall pay
Contractor for all expenses stated thereon which are approved by Contract Administratorpursuant to this Agreement
no later than the last working day of the month..
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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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 Administrator but not exceeding one hundred eighty(180)
days cumulatively.
3.3 Force Maieure. The: time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, litigation,and/or acts of any governmental agency,
including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the
Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts
and the extent of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Administrator such delay is justified. The Contract Administrator's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be
entitled to recover damages against the City for any delay in the performance of this Agreement, however caused,
Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 8.0, 9.0 or 10.0 of this
Agreement, this Agreement shall continue in full force and be effective from the date indicated on the Notice to
Proceed until December 14, 1998,with one extension of one(1)year upon the mutual agreement of both patties.
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 decisiomt in connection therewith:
BARRY L. KONIER, President
ROB;ERT "DAN" JENSEN
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals
shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting
sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of Contract Administrator.
4.2 Contract Administrator. The Contract Administrator shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract
Administrator is kept informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by City to the Contract Administrator. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Administrator. The Contract
Administrator shall have authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this Agreement.
4.3 ProhibitionAeainstSubcontractin¢orAssignment. 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
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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. Contractor shall not be required to subcontract with Local Subcontractors if Subcontractor
is not a responsible offeror or the terms offered by the Local Subcontractor are materially more burdensome than
those available from non-local subcontractors.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any control
over the manner, mode or means by which Contractor, its agents or employees, perform the services required
herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Contractor shall perform all services required herein as an independent contractor of City and
shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with
that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner
of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in
a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof,
the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive general liability
insurance written on a per occurrence basis in an amount not less than$5,000,000.00 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such
amount as will fully comply with the laws of the:hate of California and which shall indemnify,insure and provide
legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or
occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course
of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance written
on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$250,000.00 per
person and $500,000.00 per occurrence and property damage liability limits of$100,000.00 per occurrence and
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$250,000.00 in the aggregate or (ii) combined single limit liability of s50o,o00.00. Said policy shall include
coverage for owned,non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional liability
insurance, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insnrnnce and shall name the City, its officers,
employees and agents as additional insured. 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. All of said policies of
insurance shall provide that said insurance may not be amended or canceled without providing thirty(30)days prior
written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the
Contractor shall,prior to the cancellation date, submit new evidence of insurance in conformance with this Section
5.1 to the Contract Administrator. No work or services under this Agreement shall commence until the Contractor
has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverage and said Certificates of Insurance or binders are approved by the City.
All certificates are to name the City as additional insured(providing the appropriate endorsement)and need
to conform to the following "cancellation" notic.:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAY PRIOR
WRITTEN NOTICE TO THE NAMEI) CERTIFICATE HOLDER.
Agent Initials
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 persons 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 policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
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, whether or not there is concurrent passive or active negligence on the part of the City, its officers,
agents or employees but excluding such claims or liabilities arising from the sale negligence or willful misconduct
of the City,its officers, agents or employees,who are directly responsible to the City,and in connection therewith-
(a) Contractor will defend any action or actions filed in connection with any of said claims
or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection
therewith;
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(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or
employees for any such claims or liabilities arising out of or in connection with the negligent performance of or
failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and
hold the City, its officers, agents, and employers 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 Contactor 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 Contactor 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 amount of$ , in the form provided by the City Clerk,
which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract
Administrator. The 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 Contactor promptly
and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall
be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless sm.h requirements are waived by the Risk Manager of the City due
to unique circumstances. In the event the Risk Manager of City ("Risk 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 Risk Manager, provided that the
Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City
Council of City within 10 days of receipt of notice from the Risk Manager.
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Administrator
such reports concerning the performance of the services required by this Agreement as the Contract Administrator
shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and
services to be performed pursuant to this Agreement. For this reason, Contactor agrees that if Contractor becomes
aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost
of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project
being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique
or event and the estimated increased or decreased cost related thereto and,if Contractor is providing design services,
the estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and
records as shall be necessary to perform the services required by this Agreement and enable the Contract
Administrator to evaluate the performance of such services. The Contract Administrator shall have full and free
access to such books and records at all times during normal business hours of City, including the right to inspect,
copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of
three (3) years following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required.
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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 Administrator
or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional
con4m=tion as a result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without
specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor,
and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of
such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records, documents and
other materials prepared by Contractor in the performance of services under this Agreement shall not be released
publicly without the prior written approval of the Contract Administrator.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning
any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court
of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor
covenants and agrees to submit to the personal jtuisdiction of such court in the event of such action.
7.2 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may
be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages
suffered by City, and(ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts
or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that
any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness
shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due,without
liability for interest because of such withholding,an amount sufficient to cover such claim. The failure of City to
exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,
indemnify, and protect City as elsewhere provided herein.
7.3 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or
approval of any act by the other party requiring the parry's consent or approval shall not be deemed to waive or
render unnecessary the other parry's consent to or approval of any subsequent act. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.4 Riahts and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same
or different times, of any other rights or remedies for the same default or any other default by the other party.
7.5 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
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specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement.
7.6 Payment Deductions Involving Contractor's Non-Compliance (a) If in the judgment of
the Contract Administrator, Contractor has failed to perform any of its duties or obligations contained herein within
the time periods set forth herein, the Contract Administrator, at his/her option, in addition to, or in lieu of, any
other remedies provided herein, may withhold the entire monthly payment or deduct pro raja from Contractor's
invoice for work not performed after providing Contractor with written notice identifying the duty(ies) or
obligation(s)not performed and the time period in which Contractor may have to cure the duty(ies)or obligation(s)
not performed.
(b) If the deficiency(ies)identified by the City are of a type that is susceptible to being
corrected by Contractor, the Contract Administrator shall provide Contractor with ten (10) days from the date of
the foregoing notice to cure the deficiency(ies); provided, however, that(i) if, in the sole opinion of the Contract
Administrator, the deficiency(ies) causes an immediate danger to the health, safety or the general welfare,
Contractor shall have 24 hours to cure the deficiency(ies); (ii)the Contract Administrator may specify a cure period
shorter than ten (10) days if, in the sole opinion of the Contract Administrator, a shorter cure period is required
to prevent the permanent impairment of or damage to landscaping or vegetation; and (iii) if the same or similar
deficiency occurs more than three (3) times in any twelve (12) month period, Contractor shall not have an
opportunity to cure the deficiency. If the Contractor corrects the deficiency(ies) within the cure period specified
by the Contract Administrator, then the City shall pay Contractor the amount retained with the next payment due
Contractor. Otherwise, the City shall retain the amount withheld.
(c) The amount to be retained by the City shall be determined in the sole discretion of
the Contract Administrator. Notwithstanding the foregoing, to the extent possible, the Contract Administrator will
use the unit prices set forth in this Agreement in determining the amount to be retained.
(d) The right to withhold payment shall not be construed as a penalty but as an adjustment
Of payment to Contractor to recover City costs due to the failure of the Contractor to complete or comply with the
provisions of this Agreement. City shall have the right,but not the obligation, to use the funds retained to correct
Contractor's deficiencies. The right of City to withhold payment shall be in addition to any other remedies herein
provided or available under applicable law, including the right to terminate this Agreement pursuant to Section 8.0
below.
7.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or
made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be
entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition
a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taldng
depositions and discovery and all other necessary costs the court allows which are incurred it 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 DEFAULT; TERMINATION
8.1 In the event either party fails to perform any of its duties or obligations hereunder, the
non-defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have
ten (10) days to cure the default; provided, however, that, (i) if the default causes an immediate danger to the
health, safety or the general welfare, the defaulting party shall have 24 hours to cure the default; (ii) if the
defaulting party is the Contractor, the Contract Administrator may specify a cure period shorter than ten(10)days
if, in the sole opinion of the Contract Administrator, a shorter cure period is required to prevent the permanent
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impairment of or damage to landscaping or vegetation;and(iii)if the same or similar default occurs more than three
(3) times in any twelve (12) month period, the defaulting party shall not have an opportunity to cure the default
Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure
period.
8.2 Should the defaulting party fail to cure the default within the time period provided in
Section 8.1 above, the nondefaulting party shall have the right, in addition to any other rights the nondefiudting
party may have at law or in equity, to terminate: this Agreement. Compliance with the provisions of this Section
8.0 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any
parry's right to take legal action in the event thatt the dispute is not cured. Nothing contained herein shall limit the
City's right to terminate this Agreement without.cause pursuant to Section 9.0.
8.3 If the City terminates this Agreement pursuant to Section 8.2 above due to the failure of
the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which
Contractor is permitted to occupy hereunder and City may,after compliance with the provisions of this Section,take
over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the compensation herein
stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously
stated.
9.0 TERMINATION FOR CONV17NIENCE
The City reserves the right to terminate this Agreement or any portion of the work or services
provided by Contractor under this Agreement, without cause, upon thirty (30) days prior written notice to the
Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder,
except such as may be specifically approved by the Contract Administrator. Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Administrator thereafter in accordance with the Schedule of Compensation or such as
may be approved by the Contract Administrator except as provided in Section 7.2. Contractor shall submit an
invoice for such services not later than ninety(90) days from the effective date of termination. Should Contractor
fail to submit its claim within such time period, the City shall determine the amount owing the Contractor, which
amount shall be deemed final. Notwithstanding anything to the contrary set forth herein, in no event shall
Contractor be entitled to compensation in excess of the Contract Sum.
10.0 TERMINATION FOR LACK OF APPROPRIATION
If the City Council of the City fails to appropriate funds for this Agreement or if funds are not
otherwise made available to the City for continued performance of this Agreement for any fiscal period covered by
this Agreement, the Contract shall be automatically terminated as of the beginning of the fiscal year for which funds
were not appropriated or otherwise made available; however, this will not affect either the City's rights nor the
Contractor's rights under any other termination provision in this Agreement. The effect of a termination pursuant
to this Section will be to discharge both the City and Contractor from future performance of the Contract, but not
from their obligations existing at the time of termination. The Contractor shall be reimbursed for any and all
services rendered under this Agreement prior to the date of termination.
11.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
11.1 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
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or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of
the terms of this Agreement.
11.2 Conflict of Interest. No office or employee of the City shall have any financial interest,
direct or indirect, in this Agreement nor shall arty such officer or employee participate in any decision relating to
the Agreement which effects his financial interest or the financial interest of any corporation, partnership or
association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The
Contractor warrants that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
11.3 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 ori&, or ancestry.
12.0 MISCELLANEOUS PROVISIONS
12.1 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 service
personally or sent by prepaid, first-class mail, in the case of the City to the City Manager, and to the attention of
the Contract Administrator, CITY OF PALM SPRINGS, P. O. BOX 2743, Palm Springs, California 92263, and
in the case of the Contractor, to the person at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice shall
be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing
if mailed as provided in this Section.
12.2 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.
12.3 Integration: Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument
in writing.
12.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, ,such invalidity or un-enforceability 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.
12.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that(i)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound.
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i •
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
ATTEST: CITY SPRING ,
a cipal corporation
NT
l� City Clerk ger
REVIEWED & APPROVED AS TO CONTRACTOR: Landscape West, Inc.
FORM: /
By-
CityAtto ney Name: Barry Konier
Tide: President
a')
By: rriv..... ,�,--
Name• Dan Jensen
Title: Vice President
Address: 1705 S. Claudina Way
Anaheim, CA 92805
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EXMrr "A"
SCOPE OF SERVICES
I. ADMINISTRATIVE SPECIFICATIONS
1. GENERAL REQUIREMENTS
1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in
a professional, workmanlike manner using quality equipment and materials.
1.02 Contractor shall provide the labor, materials, and equipment necessary for the provision of grounds
and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained
with nothing but the highest of standards at no less than the frequencies set forth herein.
1.03 Contractor is hereby required to :render and provide landscape and grounds maintenance services
including,but not limited to,the maintenance of turf,ground-cover,shrubs and trees;renovation of turf and ground-
cover areas; the pruning of trees and shrubs; providing weed, disease and pest control; operating, repairing and
maintaining of the irrigation system, and the maintenance of any appurtenant structures and equipment pursuant to
specifications and frequencies established by the City, as set forth herein or revised by City.
1.04 Contractor shall not work or perform any operations, particularly during periods of inclement
weather, which may destroy or damage ground cover, athletic or turf areas.
1.05 The 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.
The 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.
1.07 The Contractor shall perform a weekly maintenance inspection during daylight hours all areas
identified in the Contract. Such inspection shall be both visual and operational. It shall include operation of all
irrigation,lighting and other mechanical systems to check for proper condition and reliability. Contractor shall take
immediate steps to correct any observed irregularities, and submit a written 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 pane fs identifying the Contractor's name, address and phone number.
1.09 The term of this Contract will be in full force and effective from the date indicated on the Notice to
Proceed until December 14, 1998, with one extension of one (1)year upon the mutual agreement of both parties.
Exhibit A. Scope of Service -Page 12
2. AREA DESCRIPTION AND SPECIFICATIONS:
2.01 The facilities and parkways to be.maintained under the provisions of the Contract are located at the
following locations:
a. Sunrise Wav (Desert Dorado? - between Alejo Road and Gran Via Valmonte, east side of
street: parkway with sidewalk, lawn, landscaping in planters and flowers. Lawns shall be mowed, edged,
fertilized, renovated, aerified and maintained in a healthy growing condition free from weeds, pests, fungus and
any foreign matter, maintenance of the automatic irrigation system; quarterly pruning and trimming of shnibs; and
annual pruning of eleven (11) trees, all as scheduled and specified. This location includes four (4) planter beds
which total approximately 2,500 sq.ft.
b. El Cielo Road (Camelot Villas, - west side Sonora Road north to Tommy Jacobs Bel Air
Greens property;parkway with planters, bike path, 3/4" gold rock, trees, desert landscaping and manual irrigation.
Landscape and trees shall be maintained in a clean and healthy condition free from weeds, pests, fungus and any
foreign matter; weekly manual watering; maintenance of the irrigation system; quarterly pruning and trimming of
trees, all as scheduled and specified.
c. El Cielo Road (Park Sonor-al - east side of El Cielo Road, south of Sonora Road, between
Sonora Road and Martin Circle; parkway with lawn, miscellaneous trees, palms, walks and flowers. Lawns shall
be mowed, edged, fertilized, renovated, aerified and maintained in a healthy growing condition free from weeds,
pests, fungus and any foreign matter; maintenance of the automatic irrigation system; quarterly pruning and
trimming of shrubs and all as scheduled and specified. This location includes five (5) planter beds which total
approximately 1,500 sq.ft.
d. El Cielo Road (Rancho Park Estates) -west side, between Sonora Road and Escoba Drive:
parkway with bike path, desert landscaping, trees, 3/4"gold rock,and manual irrigation. Landscape and trees shall
be maintained in a healthy growing condition free from weeds, pests, fungus and any foreign matter, manual
watering; maintenance of the irrigation system; quarterly pruning and trimming of trees, all as scheduled and
specified.
e. Avenida Evelita&Mesquite.El Placer&San Mieuel(Parkside Estates)-sidewalks with tree
planters 5'x 5', trees and curb(2)manual irrigation systems. Landscape and trees shall be maintained in a healthy
growing condition free from weeds, pests, fungus; and any foreign matter; weekly manual watering; maintenance
of the irrigation systems; quarterly pruning and trimming of twelve (12) trees, all as scheduled and specified.
f. Chia Road-south side, Chia Road and Gene Autry Trail; parkway strip opposite tract homes
containing palm trees, boulders, miscellaneous trees, bare ground and sidewalks. Landscape and trees shall be
maintained in healthy growing condition free from weeds, pests, fungus and any foreign matter,maintenance of the
automatic irrigation system; annual pruning and trimming of fifty-five(55) trees, all as scheduled and specified.
g. Wastewater Treatment Plant-external grounds maintenance of plants,including lawns,palms,
and citrus, shrubs, bare ground and sidewalks. Total of 9.55 acres to be maintained. Lawns shall be mowed,
edged, fertilized,renovated,aerified, and maintained in a healthy growing condition free from weeds,pests, fungus
and any foreign matter, maintenance of the irrigation system; annual pruning and trimming of 434 trees; bi-annual
pruning of 2022 shrubs; all as scheduled and specified. This location has various small planters near the
Administration Building, totaling approximately 4D0 sq.ft.
h. San Rafael Dr. & Sunrise Wav (Sunrise Norte) -northwest comer, from Sunrise Way west
to Mountain Shadow Drive, including parcel immbdiately west of Mountain Shadow; parkway with Debris Basin,
lawn, hedges, trees and automatic irrigation systems (2), sidewalks. Lawns shall be mowed, edged, fertilized,
Exhibit A: Scope of Service -Page 13
renovated, aerified, and maintained in a healthy growing condition,ft=from weeds,Pests, fungus and any foreign
matter; maintenance of irrigation system; quarterly pruning and trimming of shrubs, and annual pruning of trees,
all as scheduled and specified. This location has one planter which totals approximately 800 sq.ft.
i. Vintage Palms - North side of San Rafael, 567.87 ft. East from center line of Avenida
Caballeros and North on Avenida Caballeros to Via San Dimus: Parkway with desert landscaping, miscellaneous
trees, palms, shrubs, walkways and ground cover set in desert gold sand and 314" gold rock with automatic
irrigation. Landscape and tress shall be maintained in a healthy growing condition, free from weeds,pests, fimgus
and any foreign matter or debris; maintenance of the irrigation system, quarterly trimming of shrubs and annual tree
trimming, all as specified.
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 evaluate the extent to which the physical condition thereof
will affect the services to be provided. Contractor will accept the premises in their present physical condition, and
agree to make no demands upon the City for any improvements or alterations thereof.
3. CERTIFICATIONS/REPORTS/INSCRANCE
3.01 License, Insurance Reports:
a. Worker's Compensation: The Contractor should be aware that in accordance with laws
of the State of California, the 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, the City has determined that the 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 reader the bid as non-
responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of
award.
C. Reporting Requirement: Contractor shall make available all 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.
d. Insurance Requirement_ The Contractor awarded the Contract shall meet all tasurance
requirements of the City, including but not limited to the provisions of personal and property liability,including
automobile coverage, Worker's Compensation in limits acceptable to the City. All required insurance shall name
the City of Palm Springs as an additional insured.
3.02 Maintenance Function Report
Contractor shall maintain and keep current a daily report form that records all On-Going,
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 invoice, those specialty type
maintenance items completed. The following information shall include but not be limited to:
Exhibit A: Scope of Service -Page 14
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.
3.04 Employee Background Checks
All contractor employees shall be subjected to a background check prior to 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. 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;or improvements in order to add new,modify
existing or to refurbish existing landscaping and irrigation systems. 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 on-going maintenance
schedule in order to compensate Contactor 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 damage shall be repaired or replaced within one watering cycle.
b. All damages to shrubs,trees, turf or ground cover shall be repaired or replaced within
five (5)working days.
Exhibit A: Scope of Service -Page 15
5.03 All repairs or replacements shall be completed in accordance with the following maintenance
practices:
AL. Trees-Minor damage such as bark lost from impact of mowing equipment shall
be remedied by a qualified tree surgeon or arborist. If damage results in loss
of a tree, the damaged tree shall be removed and replaced to comply with the
specific instructions of the Contract Administrator.
b. Shrubs - Minor damage may be corrected by appropriate pruning. Major
damage shall be corrected by removal of the damaged shrub and replacement to
comply with the provisions in "Pruning and Hedge Trimming - Operation" of
the Ongoing Maintenance Specifications.
C. Chemicals -All damage resulting from chemical operation, either spray-drift or
lateral-leaching, shall be corrected in accordance with the aforementioned
maintenance practices and the soil conditioned to insure its ability to support
plant live.
6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS
6.01 Should any misunderstanding arise, the Contract Administrator will interpret the Contract. If the
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 disputes,
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 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. The Procurement Manager's decision will be final.
7. OFFICE OF INQUIRIES AND COMPLAINTS
7.01 The Contractor shall maintain an office at some fixed place located in the Coachella Valley and shall
maintain a telephone at this location,listed in the telephone directory in its own name or in the firm name by which
it is most commonly known and shall, during the term of this Contract have some responsible 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
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, or may deduct such cost from an amount due
Contractor from the City.
Exhibit A: Scope of Service -Page 16
r 0
7.03 The 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.
7.04 All complaints shall be abated as soon as possible after receipt; but in all cases within 24 hours, to
the satisfaction of the City. If any complaint is not abated within 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)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 forfeit from the payments owing 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.
S. 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 or other legal requirements, including but not limited
to, full compliance with the terms of the applicable O.S.H.A and CAL O.S.H.A 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.
8.02 It shall be the 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 MAEgTENANCE SERVICES
9.01 The Contractor shall conduct all operations during the hours of 7:00 am. to 5:00 p.m. and only
Monday through Friday, unless otherwise specified and approved by the Contract Administrator.
10. MAINTENANCE SCHEDULES
10.01 The Contractor shall submit revised schedules when actual performance differs substantially from
planned performance. Said revisions shall be submitted to the Contract Administrator for his review, and if
appropriate, his approval, within five (5)working days prior to scheduled time for the work.
10.02 The above provisions are not construed to eliminate the Contractor's responsibility in complying
with the requirements to notify the Contract Administrator for specialty type maintenance as set forth in Paragraph
10.03.
Exhibit A: Scope of Service -Page 17
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 renovationlreseeding
c. Micro-Nutrients/Soil amendments
d. Spraying of trees, shrubs or turf
e. Aesthetic tree pruning
£ Other items as determined by the Contract Administrator.
11. CONTRACTOR'S STAFF
11.01 The 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, shall include at least one individual who speaks the English language proficiently.
11.02 The 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 Contract Administrator may require the Contractor to establish an identification system for personnel
assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the landscape
and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may
include appropriate attire and/or name badges as specified by the City.
11.04 The Contractor shall require ea4A of his/her 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. SIGNS/IMPROVENUUM
12.01 Contractor shall not post signs or advertising matter upon the premises or improvements thereon,
unless prior approval is obtained from the Contract Administrator.
13. UTILITIES
13.01 The 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. Contractor
shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or
unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current
usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to
Contractor from City will be presented to the Contractor by the Contract Administrator prior to actual deduction
to allow for explanation(s).
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.
Exhibit A: Scope of Service -Page 18
IL DETAILED SPECIFICATIONS
15. USE OF CHEMICALS
15.01 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.
15.02 A listing of proposed chemicals to be used including;commercial name, application rates 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.
15.03 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.
15.04 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.
15.05 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 City Purchasing Manager.
15.06 All regulations and safety precautions listed in the "Pesticide Information and Safety Manual"
published by the University of California shall be adhered to.
15.07 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.
16. TURF MAINTENANCE
16.01 All turf shall be edged adjacent to all improved surfaces.
16.02 Mowers shall be maintained so as to provide a smooth, even out without tearing; mowers are to
provide a uniform, level cut without ridges or depressions.
16.03 Grass clippings shall be blown or swept from improved surfaces after each mowing and edging and
properly disposed of.
16.04 A. Renovation:
Renovation shall be an approved operation removing accumulated thatch from turf areas and
overseeding with perennial rye. A schedule to The utilized by the contractor shall be submitted to the Contract
Administrator ten(10)days prior to beginning work; renovation shall occur between September 15 and October 15.
All areas are to be scalped, vertically mowed and swept free of any loose grass clippings and debris. A maximum
acceptable height of remaining turf after this operation is 1/4". Soil must be visible throughout the turf area to
insure positive soil contact with the seed.
Debris generated or accumulated during the course of the renovation operations shall be removed
from the landscape site and disposed of at an appropriate landfill or disposal site at contractor's expense. If
stockpiling is necessary, pre-approval to do so mist 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.
Exhibit A: Scope of Service -Page 19
17.04 All turf edges shall be trimmed or limited sprinklers to provide optimum water coverage, valve
boxes, meter boxes, back flow devices, park equipment and other obstacles.
17.05 All ground cover and flower bed areas where maintained next to turf areas shall be kept neatly
edged and all grass invasions eliminated.
17.06 Walkways shall be cleaned immediately following each mechanical edging.
18. CHEMICAL EDGING/DETAH ING/WEED CONTROL - OPERATION
18.01 Chemical application may be used in and around certain sites as approved by the Contract
Administrator such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc. Prior to
application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a
manner to limit drift to four(4)inches. Precautionary measures shall be employed since all areas will be open for
public access during application. Contractor mush provide 48 hours written notice the Contract Administrator before
application of any chemical.
18.02 Spot treat with a portable sprayer or wick wand using a herbicide approved by the Contract
Administrator and applied per manufacturer's recommendations. Water shall not be applied to treated areas for the
length of time specified by the product manufacturer.
18.03 Where trees and shrubs occur in turf areas, all grass growth shall be limited to at least eighteen(18)
inches from the trunks of trees and away from the drip line of shrubs by use of approved chemicals.
18.04 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 six (6)inch barrier width shall be considered normal.
18.05 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 (4) inch clearance shall be considered normal.
18.06 All grass-like type weeds, morning glory or vine-weed types, ragweed or other underground
spreading weeds shall be kept under strict control
18.07 Remove all weeds and grass from the following areas: roadways; driveways; parldng lots;patios;
drainage areas; slopes; hillsides; and expansion joints in all hard surface areas.
18.08 Remove all weeds, mechanically, from shrub beds, planters, and other cultivated areas.
18.09 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.
18.10 Weeds treated using a systemic the-mical shall be left in place per manufacturer's recommendation.
If kill is not complete by the time specified in the manufacturer's recommendation a second application, at no
additional cost, shall be made.
18.11 After complete kill all dead weeds shall be removed from the area.
Exhibit A: Scope of Service -Page 21
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 Parks Maintenance Contractor and the City
of Palm Springs, if applicable.
Acceptable performance of 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 do any area again,
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.
B. Fertilization:
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. Fertilization must occur
"prior" to initial irrigation on the seed.
Minimum rate: 1 pound of each of actual nitrogen,phosphorus and potassium per thousand square
feet of area covered.
C. Seedine:
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 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. Only Oregon-grown "Blue Tag Certified" seed will be allowed. Seed must be a perennial rye grass
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.
To compute seeding rates as required, the Pure Live Seed (PIS) 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. Turf areas to be seeded at
12 pounds (PLS) per 1,000 square foot.
16.05. Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled
immediately prior to Spring fertilization. Under adverse conditions or as a result of use where turf is suffering from
compaction, aerification may be necessary at more frequent intervals. The frequency of intervals shall be as
required to promote healthy vigorous growth.
16.06 All grass clippings are to be picked up by means of the appropriate attachments to mowers or by
use of other equipment necessary to achieve a clean, neat appearance of turf areas.
17. MECHANICAL EDGING - OPERATION
17.01 All turf edges, including designed edges in flower beds, shall be kept neatly edged and all grass
invasions must be eliminated.
17.02 All turf edges, including but not limited to; sidewalks, patios, drives, curbs, shrub beds, flower
beds, ground cover beds, around tree bases, and along lakes and streams shall be edged to a neat and uniform line.
17.03 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.
Exhibit A: ;Scope of Service -Page 20
19. LITTER CONTROL - OPERATION
19.01 Complete policing and litter pick-up 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 up the slope, catch basins, play equipment, and sand areas.
19.02 Complete policing, litter pick up and supplemental hand sweeping of parking lot comers and other
parking lot areas inaccessible to power equipment shall be accomplished to ensure a neat appearance.
19.03 Litter pick-up shall be completed as early in the day as possible, but in no case later than noon.
In certain conditions such as Special Events or holiday weekends, the Contractor may be required to provide
additional trash pickups. Downtown areas and Convention Center areas should be the first sites for litter pick-up.
19.04 Trash cans and any other large materials placed into the lakes or streams shall be removed.
20. TRASH CONTAINERS - OPERATION
20.01 Exterior trash containers shall be emptied prior to 10:00 A.M., and all materials shall be placed
in appropriate trash bin(s).
20.02 Receptacles shall be conveniently located for the public use, and returned daily to such locations
if receptacles are displaced by third parties.
20.03 Containers or related appurtenances shall be cleaned, and painted to avoid concentrations of insects
and not detract from the overall appearance of the area.
20.04 Containers shall be painted to match the original color of the container and stenciled as needed.
20.05 Park containers shall be fifty-five(SS) gallon drums.
20.06 Each trash container shall have a plastic liner at all times to contain trash.
21. TRASH BIN REMOVAL - OPERATION
21.01 All trash and accumulated debris shall be placed in appropriate designated trash bin(s) each day.
21.02 A designated storage area will be:provided for the trash bin(s).
21.03 Contractor shall be responsible for providing all necessary trash bins and off-site removal of all trash
and accumulated debris to an approved disposal site.
21.04 Trash trucks shall not be permitted on park turf areas.
22. RAKING - OPERATION
22.01 Accumulation of leaves shall be removed from all landscaped areas, including beds, planters and
turf areas under trees and placed in appropriate hash bin(s).
Exhibit A: Scope of Service -Page 22
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23. PRUNING AND HEDGE TR>14 lMNG - OPERATION
23.01 Clearance: Maintain trees to achieve a seven(7)foot clearance for all branches within the park area
and fourteen (14) foot 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.
23.02 Trim designated formal plant materials to maintain formal hedges and topiary work.
23.03 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with
the stakes when no longer required.
23.04 Remove all new growth on trees up to the appropriate height clearances.
23.05 Remove all dead shrubs and trees. Trees to be removed shall have a caliper of three(3)inches or
less measured six(6) inches above the ground level.
23.06 Staldn2 and Tyin2
a. Replacement of missing or damaged stakes where the tree diameter is less than five(5)inches.
b. Stake in those cases where tree has been damaged and requires staking for support.
c. Stake new trees or recently planted trees which have not previously been staked.
d. Materials
1. Tree stakes, two(2)per tree, shall be pentachlorophenol treated lodge pole pine
not less tban eight(8) feet in length for five (5) gallon size trees, not less than
ten(10) feet for fifteen(15)gallon trees.
2. Guy wires where required shall be of the "duck-bill"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(8) inches from the bark.
23.07 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.
23.08 Damaged trees shall be staked and tied within twenty-four(24)hours. Replacement stakes or new
staking shall be completed within five days.
24. SWEEPINGIWASHING - OPERATION
24.01 Check concrete areas for cracks, crevices and deterioration and notify Contract Administrator, in
writing,within twenty-four(24)hours of any deficiencies.
Exhibit A: Scope of Service -Page 71
24.02 Walkways, steps, hard court areas, and patios shall be cleaned, including but not limited to, the
removal of all foreign objects from surfaces such as gum, grease, paint, graffiti, broken glass, W.
24.03 Methods for sweeping of designed areas can incorporate one or all of the following:
a. Power pack blowers
b. Vacuums
c. Brooms
d. Push power blowers.
24.04 In the event the 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.
24.05 Supplemental hand sweeping of parking lot corners and other parking lot areas is required in those
areas inaccessible to power equipment.
25. AERIFICATION - OPERATION
25.01 Aerate all turf areas by using a device that removes cores to a minimum depth of two (2) inches
at not more than six(6) square inches spacing.
26. WATERING AND IRRIGATION SYSTEM MAINTENANCE
26.01 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.
26.02 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,minimi ing runoff
and the relationship of conditions which affect day and night watering. This
may include day time 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 (12) inches to determine the
water penetration by random testing of the root zones.
26.03 Watering shalt be regulated to avoid interference with any use of the facility's roadways, paving
or walks during daylight hours, unless otherwise directed.
26.04 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.
Exhibit A: Scope of Service -Page 24
26.05 Irrigation system will be controlled in such a way as not to cause any excessively wet or
.waterlogged"areas which 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.
26.06 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.
26.07 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.
26.08 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 inspected
on a minimum of once a week, and tested in aa:ordanre with the specifications specified herein.
26.09 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.
26.10 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.
- 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.
£ 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. Replacement of valve box covers due to normal wear, vandalism, and/or third party
negligence.
i. 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.
26.11 Complete piping replacement of the irrigation system is not required by the Contractor. Contractor
is responsible for the repair or replacement of leaping main and lateral irrigation lines.
26.12 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.
Exhibit A: ,Scope of Service -Page 25
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26.13 Replacement parts for the irrigation system shall be replaced at contractors expense with originally
specified equipment of the same size and quality or substitutes approved by the Contract Administrator prior to any
installation thereof.
27. MWGATION SYSTEM OPERABILITY AND TESTING- OPERATION
27.01 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.
27.02 During the testing Contractor shall:
a Adjust all sprinkler heads for correct coverage, to prevent excessive runoff
and/or erosion and to prevent 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.
d. All system malfunctions, damage and obstructions shall be recorded, reported
to the Contract Administrator, and corrective action taken.
27.03 In addition to regular testing,all irrigation systems shall be tested and inspected as necessary when
damage is suspected, observed or reported.
27.04 Repair/replace malfunctioning sprinkler heads within one(1)watering cycle.
27.05 Correct malfunctioning irrigation systems and equipment within two (2)hours of identification or
following verbal notification.
27.06 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.
27.07 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.
28. FERTILIZATION - OPERATION AND FREQUENCY
28.01 All fertilizer/micronutrient shall be approved by the Contract Administrator prior to application.
28.02 Manure shall not be used as a fertilizer or soil conditioning material.
28.03 All fertilizer shall be inorganic and granular in form with an approximate ratio of 4-1-2.
28.04 All fertilizer shall be applied at a rate of one (1) pound of actual Nitrogen per 1000 sq.ft.
29. SEASONAL SPECIALTY TASKS: The following Seasonal Specialty Tasks are to be performed at the
request of the Contract Administrator for which the Contractor will be compensated per the negotiated cost rate as
shown in their proposal submitted. For those costs not provided for elsewhere, Contractor shall submit an estimate
to the Contact Administrator prior to performing the task.
Exhibit A: Scope of Service -Page 26
29.01 Shrub and Tree Care/Pnming: Tree pruning shall be performed with the intent of developing
structurally sound trees, symmetrical appearance with the proper vertical and horizontal clearance as follows:
a. All trees shall be trimmed, shaped and thinned.
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.
29.02 Prune shrubs to encourage healthy growth habits and for shape in order 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 meaus of pruning, if approved by the Contract Administrator.
29.03 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 pinning 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 Ili' or greater in diameter shall be undercut to prevent splitting.
C. All limbs shall be lowered to the ground using a method which prevents damage
to the remaining limbs.
d. All equipment utilized shall be clean, sharp and expressly designed for tree
pruning.
e. Climbing spurs shall not be used.
29.04 Pruning Criteria:
a. The initial step of pruning shall be the removal of all deadwood,weak,diseased,
insect infested and damaged limbs.
b. All trees shall be pruned for vertical and horizontal clearance. Such clearances
are: Seven feet (7') 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 12" or 24" spacing.
d. All trees shall be thinned of smaller limbs to distribute the foliage evenly.
C. All trees shall be trimmed and shaped to provide a symmetrical appearance
typical of the species.
£ All suckers and sprouts shall be cut flush with the trunk or limb.
g. No stubs will be permitted.
Exhibit A: Scope of Service -Page 27
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29.05 All structural weaknesses such as split crotch or limbs,diseased or decayed limbs,or severe damage
shall be reported to the Contract Administrator.
29.06 Special emphasis shall be placed upon public safety during pruning operations,particularly when
adjacent to roadways.
29.07 All trimming and debris shall be removed and disposed of offsite at the end of each day's work.
29.08 All trees which are downed by either natural or unnatural causes shall be removed and disposed
offsite. Stumps shall be removed to 12' below grade and wood chips removed and hole backfilled to grade.
30. CULTIVATING- OPERATION
30.01 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. Soil should be left in a raked neat condition after cultivation has been done.
31. RENOVATION/VERTICAL MOWING - OPERATION
31.01 Care shall be taken to avoid unnecessary or excessive injury to the turf grass.
31.02 Sweep or rake the dislodged thatch from the turf areas and place in appropriate trash bin(s).
31.03 Standard renovating or vertical mowing type equipment shall be used.
31.04 Vertical Mowing-Turf: Vertical mow to remove thatch in turf areas, to encourage healthy growth
and to maintain acceptable appearance.
31.05 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.
C. Areas to be overseeded will be seeded utilizing blends or mixtures at the rate
application recommended by the Contract Administrator.
32. TURF RF.SEEDING/RESTORATION OF BARE AREAS - OPERATION
32.01 Overseed all damaged, vandalized or bare areas to reestablish turf to an acceptable quality.
32.02 Areas to be overseeded will be seeded utilizing blends or mixtures at the rate of application
recommended by the Contract Administrator.
32.03 Stoloniae bare areas with Adlayd Turf or equal(Paspalum vaginatum) at the rate recommended by
the Contract Administrator.
33. DLSEASEANSECT CONTROL - OPERATION
33.01 All landscaped areas shall be maintained free of disease and harmful insects that could cause damage
Exhibit A: Scope of Service -Page 28
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 may only be used with prior approval of the Contract Administrator.
Whenever chemical applications are used, extreme care must be exercised. No chemicals shall be used m the
presents of park patrons, especially small children.
33.02 The Contract Administrator shall be notified immediately of any disease, insects or unusual
conditions that might develop.
33.03 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,
groundcover, and turf. Disease and pest control shall be achieved utilizing materials and rates recommended by
a licensed California Pest Control Advisor.
34. PLANTS, FLOWERS, REMOVAL AND REPLANTING
34.01 Replacements of dead or damaged flower materials shall be as necessary to provide a clean,
attractive appearance throughout the season.
34.02 Quality:
a. Plants shall be sound, healthy, vigorous, free from plant disease, insect pest 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 (6") inches 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 measure 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.
34.03 Plant Material 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.
34.04 Annual Planting: Annual flowers, of a type and size to be specified by the Contract Administrator,
shall be planted twice annually, in October and late April to early May. The annuals shall be planted at sites as
specified in these specifications.
a. Annual planter bed preparation shall consist of the following: removal of any
weed growth or foreign material; tuning of the soil to a depth of 6"
amendment with 2 cu. ft. soil conditioner per 100 sq. ft.,of a type approved by
the Contract Administrator, incorporation of amendment and 6-20-20 fertilizer,
at a rate of 30 lbs. per 1000 sq. ft., into the soil; fine grade and moistening of
soil prior to planting.
Exhibit A: Scope of Service -Page 29
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b. Planting of annuals shall consist of: placement of annuals into the prepared beds
at a spacing of 8' or center, as determined by variety, and at the Contract
Administrators' direction; plants shall be placed in a predetermined
arrangement, fumed into the soil immediately after removal from fiats and
watered immediately upon completion of a reasonable section.
C. All annuals shall be treated with an anti-desiccant spray prior to planting.
d. The Contract Administrator shall reject all annual flower materials that are of
the wrong type,are undersized, damaged or diseased,overgrown, or that in any
way do not reflect a high degree of care. Contractor shall provide suitable
materials upon the direction of the Contract Administrator that meets with
approval.
e. Replacement of annuals that fail to perform, for any reason, may be required by
the Contract Administrator.
34.05 Olive Tree Spraying: Olive trees shall be fully treated and retreated with a fruit fixing agent
(Olive Stop)at the appropriate time each Spring, according to Operational Mode and as determined by the Contract
Administrator.
A complete description of the services to be provided is contained in the proposal from Landscape West, Inc.,
to the City of Pahn Springs, dated July 17, 1995,which is incorporated herein by reference.
Exhibit A: Scope of Service -Page 30
EXHM1T "B"
SPECIAL REOUIREMENTS
1. CONTRACT ADMINISTRATOR: After the contract is awarded the Contract Administrator is to be the
Director of Parks, Recreation and Golf Division.
2. TRANSPORTATION TO FACILITIES: It shall be the responsibility of the Contractor to provide
consistent,reliable transportation for equipment and staff to service identified landscape areas and facilities.
All costs related to the maintenance and operation of said transportation vehicle(s) shall be the sole
responsibility of the contractor.
3. EQUIPMENT AND SUPPLIES: The contractor shall provide, and his/her own expense, all necessary
supplies and equipment as may be required to perform the landscape maintenance tasks outlined in this
specification. The City reserves the right to review and approve all items which may be used in
performance of the contract work. No additional compensation shall be allowed for such items.
4. LICENSE REQUIREMENT: The contractor is requited to possess a class "C-27" contractor's license
at the time the contract is awarded. Contract must also be licensed in accordance with the provisions of
Chapter 9 of Division 3 of the Business and Professions Code. If the contractor fails to comply with this
provision, he/she shall not receive damages for the loss of the contract.
S. STANDARD CODES AND REGULATIONS: Contractor shall comply with all laws, ordinances,
regulations and building code requirements governing the particular work,including but not limited to those
of:
a The Construction Safety Rules of the Division of Industrial Safety of the State of
California.
b. The Electrical Code of the City of Palm Springs and Riverside County.
C. The Uniform Plumbing Code of the Western Plumbing Officials Associated, latest
edition.
d. Federal Standards of the Department of Labor, Occupational Safety and Health
Administration, and all applicable State, County and City codes, ordinances and
regulations having jurisdiction thereof.
e. Title 19, Public Safety, California Administrative Code, Chapter 1, State Fire Marshal.
E The Hiles and regulations of the Board of Underwriters of the Pacific.
g. Standard Specifications for Public Works Construction, latest edition.
The above documents, latest editions as amended to date, are hereby made an integral part of these
specifications insofar as they apply to this work.
6. SOUND CONTROL: The Contractor shall comply with the City of Palm Springs Municipal Code
regulating and prohibiting loud, unnecessary and excessive noises.
7. DEBRIS REMOVAL: Debris generated or accumulated during the course of maintenance operations shall
be removed from the landscape site and disposed of at an approved landfill or disposal site. If stockpiling
is necessary, the material shall be removed daily. Debris shall not be left on site after scheduled work
hours.
Exhibit B: Special Requirements -Page 31
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8. CLEAN UP: During performance of this contract, contractor will remove all unused equipment and
instruments of service, all excess or unsuitable material, trash, rubbish,debris, and legally dispose of same.
Contractor shall leave each work area in a neat, clean and acceptable condition as approved by the Contract
Administrator.
9. UNKNOWN OBSTRUCTIONS: Should any unknown obstructions be encountered during the course
of this contract, they shall be immediately brought to the attention of the Contract Administrator. The
contractor shall be responsible for the protection of all existing equipment, furniture, or utilities
encountered within the work area.
10. LIGHTING: Repair, replacement and maintenance of all street lighting is not a part of this contract unless
of accidental damage.
11. TRAFFIC CONTROL AND ACCESS: When applicable, the contractor shall provide and maintain all
necessary traffic control to protect and guide traffic for all work in the maintenance area to the satisfaction
of the Contract Administrator. All traffic restrictions listed herein are to supplement other traffic
regulations of the City of Palm Springs and are not intended to delete any part of these regulations. Local
access shall be maintained to all properties at all possible times. Personal vehicles of the contractor's
employees shall not be parked on the traveled way at any time.
The provisions in this section may be modified or altered if, in the opinion of the Contract Administrator,
public traffic will be better served and work expedited.
Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be
considered as included in the lump sum prices paid for the work involved and no additional compensation
will be allowed therefor.
12. CONSTRUCTION SIGNING, LIGHTING AND BARRICADING: When applicable, construction
signing, lighting and barricading shall be provided on all projects as required by City Standards, or as
directed by the City Traffic Engineer. As a minimum, all construction signing, lighting and barricading
shall be in accordance with State of California Department of Transportation, "Manual of Traffic Controls,
Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways", dated 1977, or
subsequent editions in force at the time of work.
13. PUBLIC SAFETY DURING NON-WORKING HOURS; Notwithstanding the contractor's primary
responsibility for safety on the job site when the contractor is present, the Contract Administrator at his
option after attempting to contact the contractor may direct City forces to perform any function he/she may
deem necessary to ensure public safety at or in the vicinity of the job-site. If such procedure is
implemented, the contractor will bear all expenses incurred by the City. In all cases the judgment of the
Contract Administrator shall be final in determining whether or not an unsafe situation exists.
14. PERFORMANCE BOND: The requirement for a Performance Bond in Section 5.3 of the Agreement
is hereby waived.
15. INSURANCE REQUIREMENTS ADJUSTED: (SECTION 5.0 of the Agreement)The requirements for
Comprehensive General Liability Insurance is hereby changed to $1,000,000 combined limit for bodily
injury and property damage (a waiver of $4,000,000 in coverage). The requirements for Automobile
Insurance are hereby modified to: (i) bodily injury limit of $500,000 per person, and $1,000,000 per
occurrence; and (ii) property damage liability limits of$250,000 per occurrence.
Exhibit B: Special Requirements - Page 32
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EXMIT •C-
SCHEDULE OF COMPENSATION
Payments shall be made upon submittal of a detailed monthly statement to the Contract Administrator. Said
statement shall be submitted within two weeks following the end of a billing period defined as a calendar month.
Prior to City payment of the monthly statement the Contract Administrator shall review and approve payment based
on the satisfactory completion of service. Payment shall be issued within thirty(30)days of receipt of the monthly
statement.
Payments will be based on the following:
AREA TOTAL AhE TOTAL AMT
PER MONTH X 12 MONTHS PER YEAR
SUNRISE WAY $314.70 X 12 MONTHS $3776.40
(Desert Dorado)
EL CIELO ROAD $271.70 X 12 MONTHS $3260.40
(Camelor Vilas)
EL CIELO ROAD $271.70 X 12 MONTHS $3260.40
(Rancho Park Estates)
CHIA ROAD $206.37 X 12 MONTHS $2476.44
PARSSIDE ESTATES $126.52 X 12 MONTHS $1518.24
EL CIELO ROAD $269.10 X 12 MONTHS 3229.20
(Park Sonora)
SAN RAFAEL DRIVE $913.86 X 12 MONTHS $10,966.32
&SUNRISE (Sunrise Norte)
VINTAGE PALMS $110.00 X 12 MONTHS $1320.00
WASTEWATER TREATMENT $1721.05 X 12 MONTHS $20,652.60
PLANT
TOTAL COST FOR ALL $4,205.00 PER MONTH $50,460.00 PER-YEAR
Exhibit C: Schedule of Compensation-Page 33
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
IV. FREQUENCY OF SERVICE
1. SCHEDULE OF WORK: The maintenance schedule for each of the Maintenance Districts shall be
accomplished as follows:
ACTIVITY WKLY BI-WKLY OTRLY ANNUAL SFMA .
Policing of Trash &Debris X
Irrigation Test/Inspection X
Trimming/Pruning X*
Fertilization X**
Weed Removal X
Application of Pre-emergent X
Lawn Mowing X
Lawn Edging X
Lawn Renovating, Perennial Rye X**
Overseed (Sep 15-Oct 15)
Lawn Aerification (Apr 15-May 15) X
Flower Removal &Replanting
(Oct 15-30&May 1-15) X
Manual Irrigation X4:
or as specified
** except at Wastewater Treatment Plant
Development of individual areas determines which of the above tasks are applicable.
Exhibit D: Schedule of Performance - Page 34
OKWAY MAINTENANCE DISTRIM
TASK LIST/SC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Desert Dorado Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Mow Turf, Stow Off Edges Weekly
Edge Turf Bi-Monthly
Shrub/Hedge Trim/Fert.ilization Quarterly
Apply Post- & Pre-Emergent Herbicides Quarterly
CultivationMeed Removal Weekly
Turf Fertilization Quarterly
Tree Trim Si-Annually
Annual Flower Planting/Replacement Bi-Annually & As Required
Apply Fungicides to Annuals Quarterly
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Aerate Turf Bi-Annually
Blow Off Hardscape Weekly/As Required
Turf Renovation/Overseed Annually
Exhibit D: Schedule of Performance - Page 35
WKWAY MAINTENANCE DISTRA
TASK LIST/SC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Park Sonora Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Mow Turf, Blow Off Edges Weekly
Edge Turf Si-Monthly
Shrub/Hedge Trim/Fertilization Quarterly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Weekly
Turf Fertilization Quarterly
Tree Trim Si-Annually
Annual Flower Planting/Replacement Bi-Annually & As Required
Apply Fungicides to Annuals Quarterly
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Aerate Turf Bi-Annually
Blow Off Hardscape Weekly/As Required
Turf Renovation/Overseed Annually
Exhibit D: Schedule of Performance - Page 36
POKWAY MAINTENANCE DISTRICO
TASK LIST/SC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Sunrise Narte Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Mow Turf, Blow Off Edges Weekly
Edge Turf Bi-Monthly
Shrub/Hedge Trim/Fertilization Quarterly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Weekly
Turf Fertilization Quarterly
Tree Trim Bi-Annually
Annual Flower Planting/Replacement Bi-Annually & As Required
Apply Fungicides to Annuals Quarterly
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Aerate Turf Bi-Annually
Blow Off Hardscape Weekly/As Required
Turf Renovation/Overseed Annually
Exhibit D: Schedule of Performance - Page 37
P�WAY MAINTENANCE DISTRICT
TASK ILISTJSC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Camelot Villas Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Weekly
Shrub Trim Quarterly
Tree Trim Annually
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Landscape Fertilization Bi-Annually
Exhibit D: Schedule of Performance - Page 38
*STE WATER TREATMENT PLAP
TASK LISTiSC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
WWTP Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Mow Turf, Blow Off Edges Weekly
Edge Turf Weekly
Shrub/Hedge Trim/Fertilization Quarterly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Bi-Weekly
Turf Fertilization Quarterly
Tree Trim Annually
Annual Flower Planting/Replacement Bi-Annually & As Required
Apply Fungicides to Annuals Quarterly
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas/Gravel Areas Monthly & As Required
Aerate Turf Bi-Annually
Blow Off Hardscape Weekly/As Required
Turf Renovation/Overseed Annually
Clean/Weed/Spray Perc. Pond Banks Monthly
Exhibit D: Schedule of Performance - Page 39
POKWAY MAINTENANCE DISTRICID
TASK (LIST/SC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Vintage Palms Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Weekly
Shrub Trim Quarterly
Tree Trim Annually
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Landscape Fertilization Bi-Annually
Exhibit D: Schedule of Performance - Page 40
4KWAY MAINTENANCE DISTRIA
TASK LIST/SC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Chia Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigations Systems Weekly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Weekly
Shrub Trim Quarterly
Tree Trim Annually
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Landscape Fertilization Bi-Annually
Exhibit D: Schedule of Performance -Page 41
PJVWAY MAINTENANCE DISTRICIP
TASK LIST/SC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Parkside Estates Inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Weekly
Shrub Trim Quarterly
Tree Trim Annually
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Landscape Fertilization Bi-Annually
Exhibit D: Schedule of Performance - Page 42
POCWAY MAINTENANCE DISTRIA
TASK LISTiSC MODE 1
LOCATION WORK DESCRIPTION FREQUENCY
Rancho Park inspect/Pick Up Litter/Remove Debris Weekly
Check/Repair Irrigation Systems Weekly
Apply Post- & Pre-Emergent Herbicides Quarterly
Cultivation/Weed Removal Weekly
Shrub Trim Quarterly
Tree Trim Annually
Replace Shrubs/Trees, Staking As Required
Rake Out D.G. Areas Monthly & As Required
Landscape Fertilization Bi-Annually
Exhibit D: Schedule of Performance - Page 43
Al O�� MyhIM OF
1,.� \ 14� �Y' CAiE(MM/DDIYY)
O'/OS/1996 _
papoucEly (2.09)297 94II4 FAX (.,u9)297 455II F THIS CERTIFICATE UC:DASAiV1ATTEROFINFORMATIOPI
andscape Contractors ONLYAND CONFERS NO RIGHTS UPON THE CERY00ATE
HGLDER.THIS CERTIFICATE DOES NOT.NMEN!D,EXTEND OR
Insurance Services, Inc. ALTES't THE COVERAGE P,FFORGEDEY THE POLGCIES^cE!_04V,
400 Bullard COMPANIES AFFORDING COVERAGE
.. .. . .... ......... .. , ...... ...
Clovis, CA93612_ COMPANY Fihernans Fund .... ...
ALUTI: Ext: A
........................
INSUREDCOMPANY Fremont Compensation Insurance
Landscape West Inc.
1705 S. Claudine, Way r:'' .......... .
Anaheim, CA 92805 COMPANY 1y — (I "
C.. 'y �."J....:.D I ......,..... ....
COMPANY
D n A
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSI)RED_NAMEDABOVL V_0 TFIE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMC-NT'JVITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCROED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
. . ............... .. . . ............. . . . . ........... . . . . ... ............ .
1_TT R: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE .POLICY EXPIRATION;
: DATE(AIM/DDIYY) DATE(MM/DDNY) i LIMITS
. GENERAL LIABILITY GENERAL AGGREGATE S 2.000,001
X !COMMERCIAL GENERAL LIABILITY ' PRODUCTS,COMP/OP ASS ' S 2,OOO,DO'
CLAIMS MADE : X OCCUR: PERSONAL&ADV INJURY $ 1,000,06(
A , MX)C80624119 07/07./1995 07/01/1998 .....
X .OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,00�
e
X :XCU-Coverag
,.� :FIRE DAMAGE(Anyone fare) S 50,00(
. MED EXP(Any one person) : $ 5,66(
AUTOMOBILE LIABILITY
X .ANY AUTO
COMBINED SINGLE LIMIT $
1 Dao oo;
ALL OWNED AUTOS
< ; BODILY INJURY $
SCHEDULED AUTOS (Per person)
A NIXA80152000 07/01/1995 . 07/01/1998 : ..................
X HIRED AUTOS
BODILY INJURY S
X I NON-OWNED AUTOS j (Per accident)
PROPERTY DAMAGE : $
j GARAGE LIABILITY � ' AUTO ONLY-EA ACCIDENT S
.::...:..:...n:::.. ......
' ANYAU70 I ;OTHER THAN AUTO ONLY: •e.x:, ..t,:: """
EACH ACCIDENT, $
AGGREGATE: $
$EXCESS LIABILITY :EACH OCCURRENCE S
UMBRELLA FORM : AGGREGATE
. ................... .. ......................... . .
OTHER THAN UMBRELLA FORM $
WORKERSEMPLOYERS'
LIABILITY ON AND
'TCRY L,IMLT.S...... ' ER :..... .......:. ..:..: .. ..
' ER9PLOYERS'LIABILITY
EL EACH ACCIDENT $ 1,000,00'
B WN95-618336-01 ', 04 Ol 1995 ' 04 07. 1996 :
TFIE NCRSI EI'ORI / / / /
PFlRTNERSIEXCCUTIVC INCL EL DISEASE-POLICY LIMIT $ 11 QOO,OOI
OFFICERS ARE X 'EXCL EL DISEASE-EA EMPLOYEE $ 11 000,00l
OTHER
WOW- to 10 0ay PONCO �,i
given Fer nen•payponz 9ji R&
FE)POINNO€'i Paws.," 1
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS
e: All California Operations ( See attached CG2010 & CG2404 )
...
F 71F'CAI' .HCIE?Ci2, "''r. AEI zu A7I5
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL'W,=%ila)frX MAIL
Attn: City Clerk City of Palm Springs 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
e
4251 N. Civic Drive if�rXl{idd'�JF)4Nndt(hlYdfvv15)UhX3;?kwvClASit�,C`,=J,tuXkililX�^)RS;'r5r X�1{� iV,O:
P 0 Box 2743 =X1Xs(XXXXXXX
Palm Springs CA 92263-2743 AUTHORIZED REPRESENTATIVE
z}Ar�'Y}!C�i
..
POLICY NUMBER: MXA801 52009 &MERCiAL GENERAL LIABILITY
THIS Ef DORSENIENT CHANGES THE POLICY. PLEASE READ F CAREFULLY.
CONTRACTORS (FORM
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Eff. Date: 03/05/96
Landscape West, Inc.
Name of Person or(Organization:
City of Plam Springs. it's
officers, employees and agents
4251 N. Civic Drive
P 0 Box 2743
Palm Springs, Ca 92263-2743
Re: All California Operations
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to
this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only
with respect to liability arising out of "your work" for that insured by or for you.
PRIMARY INSURANCE CLAUSE
It is agreed that this insurance is primary as respects any insurance maintained by the certificate holder and That any such
insurance maintained by the certificate holder is excess and non-contributory with this policy, provided the loss is due to the sole
negligence of the named insured.
WAIVER OF SUBROGATION...as per ISO form CG2404 11/85
CG 20 10 11 85 Copyright, Insurance Services Offices, Inc., 1984 11
POLICY NUMBER: MXA80152000 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE 4uP:AD. 11T MilEFULL as.
WAIVER OF TRANSFER RiGHTS OF RECOVERY AGAUV37
OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART.
Landscape West, Inc.
Effective pate: 03/05/96
SCHEDULE
Name of Person or Organization:
City of Palm Springs, it's
Officers, employees and agents
4251 N. Civic Drive
P O Bon 2743
Palm Springs, Ca 92263-2743
(If no entry appears above, information required to complete this endorsement will be shown in [lie Declarations
as applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of
payments we make for injury or damage arising out of "your work" done under a contract with that person or
organization. The waiver applies only to the person or organization shown in the Schedule.
CG 24 04 11 85 Copyright, Insurance Services Office, Inc., 1984 l7
MARSH CERTIFICATE O •NSURANCE CERTIFICATE NUMBER
CHI-000078794-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
ServiceMaster Certificate Team NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
MARSH USA,Inc. POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
500 W.Monroe St. AFFORDED BY THE POLICIES DESCRIBED HEREIN
Chicago,Fax IL 60661
7-732 COMPANIES AFFORDING COVERAGE
Attn:Fax:877-732-7799
COMPANY
00 -tree 1-20005-03106 6236 A ZURICH AMERICAN INSURANCE CO -
INSURED COMPANY(Ji
Landscape West B AMERICAN-ZURICH INSURANCE COMPANY
A TruGreen LandCare Company
950 N.Tustin Avenue COMPANY
Anaheim,CA 92807 C ILLINOIS NATIONAL INSURANCE COMPANY= `r
1
COMPANY j
D
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
_ PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS-SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS -- - - _-- - -- - - -- -- - -"- -' -- _--- -- - --
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMMIDDNYI DATE(MMIDD/Yv)
A GENERAL LIABILITY GLO 2938528-05 01/01/03 01/01/06 GENERAL AGGREGATE $ 5,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000
CLAIMS MADE F71 OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 1,000,000
MED EXP(Any oneperson) $ 5,000
A AUTOMOBILE LIABILITY BAP 2938531-05(AOS) 01/01/03 01/01/06
COMBINED SINGLE LIMIT $ 1,000,000
X ANY AUTO BAP 2938530-05(VA) 01/01/03 01/01/06
ALL OWNED AUTOS TAP 2938529-05(TX) 01/01/03 01/01/06 BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIREDAUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTYDAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACHACCIDENT $
AGGREGATE $
C EXCESS LIABILITY BE 309-79-07 04/01/01 04/01/04 EACH OCCURRENCE $ 5,000,000
UMBRELLA FORM AGGREGATE $ 5,000,000
OTHER THAN UMBRELLA FORM is
A WORKERS COMPENSATION AND WC 2938525-05(AOS) 01/01/03 01/01/06 X WC STATU- O R
EMPLOYERS'LIABILITY TORY LIMITS TH
B WC 2938526-05(IL) 01/01/03 01/01/06 EL EACH ACCIDENT $ 1,000,000
A THE PROPRIETORI X INCL WC 2938527-05(WI) 01/01/03 01/01/06 EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS
Certificate holder is an additional insured excluding workers'compensation and employers'liability as required by written contract but limited to the operations
of the named insured under said contract,and always subject to the policy terms,conditions and exclusions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES CESCRIEEO HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL EKffLy�X4'6 MAIL DAYS WRITTEN NOTICE TO THE
CITY OF PALM SPRINGS CERTIFICATE HOLDER NAMED HEREIN,dS%JS�a�N�ufYXXXNJX�'`).w')(�D'JX711��E%hN( A11r
OFFICER OF CITY CLERK
Attn: Patricia Sanders NX�L4x8XxNa`rK �tha�� >ror�i .tt>.wu2wcnxraxXtc6NXX�MtGr& tt>fwE
3200 TAHQUITZ CANYON WAY rXX!SMNKYXXXXANMX XXXXXXXXXXXXX X
P.O. Box 2743
PALM SPRINGS,CA 92262 MARSH USA INC
By. Christy
N.Phoebus
MM1(3/02) VALID AS OF: 11/10/02
is
DATE(MM/DDNY)
ADDITIONAL INFORM ION CHI-000078794-01 11/10/02
PRODUCER COMPANIES AFFORDING COVERAGE
ServiceMaster Certificate Team COMPANY
MARSH USA, Inc.
500 W.Monroe St. E
Chicago, IL 60661
Attn:Fax:877-732-7799 COMPANY '
100 -treet-20005-03106 6236
INSURED COMPANY
Landscape West G ('
A TruGreen LandCare Company
950 N.Tustin Avenue
Anaheim,CA 92807
COMPANY
H
TEXT
Certificate of Insurance for 1998-1999,Parkways&Facilities,Agreement
—3572. -_ _ _
CERTIFICATE HOLDER
CITY OF PALM SPRINGS
OFFICER OF CITY CLERK
Attn: Patricia Sanders
3200 TAHQUITZ CANYON WAY
P.O.Box 2743
PALM SPRINGS,CA 92262
Page 2