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HomeMy WebLinkAbout03458 - LANDSCAPE WEST LANDSCAPE MO 5474 SA City of Palm Springs Office of the City Clerk (760) 323-8204 4 V' MEMORANDUM 441FOR Date: March 31, 2003 To: Parks, Recreation & Facilities From: City Clerk AGREEMENT#3458 — LandCare USA Inc. Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: 8-1-00 STATUS: COMPLETED: REMAIN OPEN UNTIL: Date & Initials y CLOSE AGR 1 . Signature c/ PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-cl k\forms.std\agr-clse.mem LandCare USA, Inc. Assign to Landscape West Delaware AGREEMENT #3458 M06225, 9-2-98 ASSIGNMENT OF CONTRACT For consideration received, the adequacy and sufficiency of which is hereby acknowledged, Landscape West, Inc., a California corporation (Landscape West California), hereby assigns to Landscape West, Inc., a Delaware corporation and a wholly owned subsidiary of LandCare USA, Inc., a Delaware corporation (Landscape West Delaware), all of its rights and obligations under the Contract Services Agreement for Parks Maintenance Services, including all amendments thereto, between Landscape West California and the City of Palm Springs (City) dated December 7, 1994, being Agreement No. 3458. By accepting this Assignment, Landscape West Delaware assumes and agrees to fulfill all obligations under the assigned contract, and that all terms of the original contract and all amendments thereto shall apply with frill force and effect and agrees to indemnify and hold City harmless, including payment of any judgment, from any attorney fees or legal cost resulting from any legal challenge to the validity of this Assigmnent. Executed at Anaheim, California Oil September 24, , 1998. Assignor: Assignee: LANDSCAPE WEST, INC., LANDSCAPE WEST, INC., a California corporation a Delaware corporation By: G---/ By: Barry L. Konier William L. hedler President Assistant Secretary CONSENT OF THE CITY The undersigned hereby consents to the assignment of the contract to the Assignee, waiving none of its rights thereunder as to the Assignor or as to the Assignee herein and provided that Assignee shall hold City harmless from any award of damages, legal cost or attorney fees incurred to defend or resulting from any legal action challenging the validity of this Assignment. CITY OF PALM SPRINGS Bye — �— By: "—City Clerk City anager Received and Approved: RELIANCE N1ION1gL INDEMNI#V- COMPANY PHILADELPHIA, PENNSYLVANIA Bond No. P2406891 Premium $5 , 765 . 00 PERFORMANCE BOND CALIFORNIA-PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That LANDSCAPE WEST, INC. as Principal, and the RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF PALM SPRINGS as Obligee, in the sum of ONE HUNDRED SIXTY THOUSAND ONE HUNDRED THIRTY THREE AND NO/100-------- Dollars ($ 1 60 , 133 . 00----- ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONoDITIOrNa�out above obligation is such that, Whereas the Principal has entered into a contract, dated December 7, 19 94 , with the Obligee to do and perform the following work to-wit: Parks Maintenance Services NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 22nd day of December 19 94 LANDSCAPE WEST, INC. Z'�� (Seal) �BARRVL. KONIER, PRESIDENT RELIANCE NATIONAL INDE ITY COMPANY By lJ i"�//l/ i 'GE n 6 rN,'lzWy_ - Marsha C. Garrison Attorney-in-Fact BDP-2801 4/94 B-2635 No. P 9406891 PERFORMANCE BOND LANDSCAPE WEST, INC. Principal To: CITY OF PALM SPRINGS Obligee i RELIANCE NATIONAL INDEMNITY COMPANY . PHILADELPHIA,PENNSYLVANIA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Orange On 12/22/94 before me, Leon E. Blakely. Jr. / Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Marsha C. Garrison NAME(S)OF SIGNER(S) personally known to me - OR - ❑I proved to me on the basis of satisfactory evidence to be the personO whose name) is/ subscribed to the within instrument and ac- knowledged to me that /she/#4} executed the same in At B/her/tk»r authorized . ..1 capacity , and that by 4/her/try LEON E, BLM(ELY, IR. signature(# on the instrument the perso*), COMM. #1000877 Fo or the entity upon behalf of which the NOTARY h'UriI.IC CALIFORNIA nrnNrra.caurary nn personW) acted, executed the instrument. MY Canon LmInrue Auk?. 18,1497 tr WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: _ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITYTES) SIGNER(S) OTHER THAN NAMED ABOVE RIPANCE NATIONAL INDEMNITY C*PANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the RELIANCE NATIONAL INDEMNITY COMPANY, a corporation duly organized under the laws of the State of Wisconsin, does hereby make, constitute and appoint Marsha C. Garrison, of Fullerton, California, its true and lawful Attorneys)-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and bind the RELIANCE NATIONAL INDEMNITY COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE NATIONAL INDEMNITY COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of the RELIANCE NATIONAL INDEMNITY COMPANY which became effective March 31, 1994, which provisions are now in full force and effect, reading as follows: ARTICLE VII -EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bands, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Executive and Finance Committee of the Board of Directors of RELIANCE NATIONAL INDEMNITY COMPANY by Unanimous Consent as of February 28, 1994, and said Resolution has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE NATIONAL INDEMNITY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, April 1, 1994. RELIANCE NATIONAL INDEMNITY COMPANY Vice��� W� STATE OF Washington } COUNTY OF Puyallup } On April 1, 1994 personally appeared Mark W. Alsup to me know Vice President of the RELIANCE NATIONAL INDEMNITY COMPANY, and acknowledged that he executed and attested the foregoing r a ffixed the seal of said corporation thereto, and that Article VII, Section 1,2, and 3 of the By-Laws of said Company, and the �\so14i ti rein„are sun full force. �ySS ION ffn ` C Q OTARY P Note Public in and for the State of Washington U' PUBLIC Resid ng in Puyallup 12-29-97 p I, Robyn Layng,Assistant Secretary of the RELIANCE NATIO N f5�1`A PANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIAN INDEMNITY COMPANY, which is still in-full farce and-asfect. IN WITNESS WHEREOF, I have hereto set my hand and affixed the seal of said Company this 2 2 day of Decem}i2_Ti 99 A_ _- Assistant Secretary Landscape West,Inc. Amend#3 -Cost increase, Tenn AGREEMENT#3458 M06526, 11-17-99 AMENDMENT NO. 3 TO AGREEMENT NO. 3, .-- -- --- — -- FOR PARKS MAINTENANCE SERVICES THIS THIRD AMENDMENT TO THE AGREEM SIT FOR CONTRA T SERVI ES (herein "Third Amendment"),made and entered into on the_ day of 1999,by the City of Palm Springs(herein"City"or"Owner"),a municipal corporation/Ind LANDSCAPE WEST,INC., a California corporation (herein "Contractor"), and subsequently assigned to LandCare USA, Inc. on September 2, 1998, amends that certain agreement dated December 7, 1994 (herein "Agreement") by and between the City and Contractor, as subsequently amended. The Third Amendment is as follows: 1. Section 2.1, "Contract Sum." The Contract.Sum shall be adjusted with a five percent(5%)cost increase to offset materials costs and the recent wage increases mandated by the Federal Minimum Wage Standards. 2. Section 3.4, "Term." The Agreement shall continue on a month-to-month basis,beginning December 7, 1999, and shall be in full force and effect until such time as City notifies Contractor, in writing, at least thirty (30) days in advance that this Agreement has been terminated. 3. Except as specifically provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. This Third Amendment is hereby effective December 7, 1999. IN WITNESS WHEREOF,the parties have executed and entered into this Third Amendment as of the date stated above. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager APPROVE[)By a5 P L+l Ld APPROVED AS TO FORM: CONTRACTOR. - City Attom LandCar USA Inn Landscape West, Inc. Amend #2 - Reduce Scope of Serv. - Downtown Experience AGREEMENT #3458 M06167, 6-17-98 AMENDMENT NO. 2 TO AGREEMENT NO. FOR PARKS MAINTENANCE SERVICES THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (herein"Second Amendment'), made and entered into on the 1 day of __ 1998, by the City of Palm Springs(herein"City"or"Owner"),a municipal corporation, and LANDSCAPE WEST, INC.,a California corporation(herein"Contractor"),amends that certain agreement dated December 7, 1994 (the "Agreement')by and between the same parties, as subsequently amended. The Second Amendment is as follows: 1. Section 2.1, "Contract Sum." The Contract Sum is decreased by $113,717.00 from $755,984.10 to $642,267.10 per year for the remaining term of this Contract through December 31, 1999. 2. Exhibit A, "Scope of Service," shall be amended in Section 2.01, "Parkways," to exclude the following items from the agreement: X. Central Business District Y. Andreas Plaza Z. Farmers Market/Old Texaco AA. Monte Vista Hotel BB. Amado Park CC. Bullocks Site DD. Welwood Murray Library EE. Liebling Trust FF. Village Green GG. Parking Lots (1) and (2) 3. Except as specifically provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. This Second Amendment is hereby effective September 1, 1998. IN WITNESS WHEREOF,the parties have executed and entered into this Second Amendment as of the date stated above. ATTEST: CITY OF 4jj;1 A IF RNIA c 1';�� i, Clerk City Manager APPROVED A,S TO FORM: CONTRALTO 0 By: City �rney Lan cape West, c. Robert Perez Operations Mgr. rtn or BypzFc U. Co-,l�- rY' ` Landscape West, Inc. Amend #1 - Cover Cost of Overseeding the Parks AGREEMENT #3458 M05622, 8-9-95 AMENDMENT NO. 1 TO AGREEMENT NO. 3458 FOR PARKS MAINTENANCE SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), made and entered into on th day of August, 1995, by the City of Palms Springs (herein "City" or "Owner") , a municipal corporation and LANDSCAPE WEST, INC., a California corporation (herein "Contractor") is hereby amended effective August th, 1995 as follows: 1. Section 2.1 Contract Sum. The Contract Sum is increased from $640,532 to $713,192.47 per year for the first three years and from $678,964 to $755,984.10 per year for the final two years of this contract. 2. Exhibit A Scope of Services shall be amended by including the work described in the attached 2-page "Overseeding Specifications and Guidelines for Parks and Parkways". IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date stated below: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA _City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR: BY: )1lr City At 93ney Landscape West, Inc. ArrP'ROv E ') RY @ u 8iE C31'If S- s OVERSEONG SPECIFICATIONS AND GUALINES FOR PARKS AND PARKWAYS ITEM NO. 1 - TURF RENOVATION 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 inch. 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 contractors expense. If stockpiling is necessary, pre-approval to do so must be obtained from contract administrator and all material must be removed daily. Absolutely no debris will be allowed left on site after scheduled daily work hours. 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 contractors expense. Approval prior to seeding in any area will be a consensus judgment between the Parks Maintenance Contractor and the City of Palm Springs, 'rf 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 again any area, in whole or in part, to achieve the desired and intended result. This will be done at the sole discretion of the CWs representative or authorized designee. TOTAL COST Baristo Park 29,670 sq. ft. $ DeMuth Park 1,132,560 sq. ft. $ DeMuth Park Sport Fields 696,960 sq. ft. $ Desert Highland Park 370,376 sq. ft. $ % Frances Stevens Park 79,060 sq. ft. $ Ruth Hardy Park 706,344 sq. ft. $ Sunrise Park 892,960 sq. ft. $ i Palm Springs Stadium 122,500 sq. ft. $ Victoria Park 320,512 sq. ft. $ Price Per Square Foot: $ i ITEM NO. 2 - 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 each of actual nitrogen, phosphorus and potassium per thousand square feet of area covered. Baristo Park 29,670 sq. ft. $ DeMuth Park 1,132,560 sq. ft. $ DeMuth Park Sport Fields 696,960 sq. ft. $ Desert Highland Park 370,376 sq. ft. $ ,! Frances Stevens Park 79,060 sq. ft. $ Ruth Hardy Park 706,344 sq. ft. $ Sunrise Park 892,960 sq. ft. $ Palm Springs Stadium 122,500 sq. ft. $ Victoria Park 320,512 sq. ft. $ Price Per Square Foot: $ { ITEM NO. 3 - SEEDING s=Seeding is to be done after renovation and prior to fertilization. Seeding must be done in two perpendicular directions at half the recommended rate in each direction to insure even coverage. After seeding and prior to fertilization, turf is to be mowed at 1/4 inch, with grass stubble debris to remain in place for additional coverage. 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 (PLS) method will be used. This calculation is based on determining viable seedlings by multiplying the germination percentage, as stated on the bag tag, by the percentage of pure seed, as stated on the bag tag, per individual seed lot. Rates will vary depending on area of application. General turf areas are median islands, city parks, parkways, and other ornamental lawn areas. Sports turf areas are baseball and softball fields, soccer fields, and other athletic fields. An approximate total acreage of each area will be provided although bids are to be based on a 'per thousand square foot' basis. ITEM NO. 3A General turf areas to be seeded at 12 pounds (PLS) per 1,000 square feet Baristo Park 29,670 sq. ft. $ DeMuth Park 1,132,560 sq. ft. $ / Desert Highland Park 370,376 sq. ft. $ / Frances Stevens Park 79,060 sq. ft. $ Ruth Hardy Park 706,344 sq. ft. $ Sunrise Park 892,960 sq. ft. $ Victoria Park 320,512 sq. ft. $ Price Per Square Foot: $ ITEM NO. 3B Sports turf areas to be seeded at 14 pounds (PLS) per 1,000 square feet Palm Springs Stadium 122,500 sq. ft. $ DeMuth Park 696,960 sq. ft. $ Price Per Square Foot: $ Total Cost for Items 1, 2, 3: $_$72,660.47 Lump Sum per year for years one thru three. $77,020.10 Lump Sum per year for years four and five. . Landscape West, Inc. Parks Maintenance Services AGREEMENT #3458 M05474, 12-7-94 CONTRACT SERVICES AGREEMENT FOR PARKS MAINTENANCE SERVICES THIS CONTRACT Sl�T VICES 1 AGREEMENT (herein "Agreement"), is made and ` entered into this �"day of pk � ;"A„d^ , 1994, by and between 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 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that aLl materials will be of good quality, fit for the purpose intended. i 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 Taw. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. �Dli 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) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the 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 dammages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. 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 altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Administrator to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of Five Thousand Dollars ($5,000.00) or less for any one occurrence or Twenty-Five Thousand Dollars ($25,000.00) 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. a , -z- 10 0 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 Exhibi "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated $640,532.00 per year for the first three years and $678,964.00 per year for the last two years of this Contract, 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, (h) 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 Administrator pursuant to this Agreement no later than the last worldng day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt, of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto -3- � ,p • • 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 Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract 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 effect until completion of the services but not exceeding five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Barry L. Konier 1705 South Claudina Way Anaheim, CA 92805 (213)1 261-2508 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantival inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for -4- �•, arGA ! 0 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 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved. transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 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. �1/ ! 0 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 faxing 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 State 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 $250,000.00 in the aggregate or (ii) combined single limit liability of$500,000.00. 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 insurance 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 i I -6- 0 0 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" notice: 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 NAMED 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 sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: -7- 4 (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the amount of $160,133, 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 Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such 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. -8- a� � r„ 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, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Administrator to evaluate the performance of such services. The Contract Administrator shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 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 compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Administrator. -9- 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5 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 specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. -10- 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 rata 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 -11- S :! 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 in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 DEFAULT; TERMINATION 8.1 In the event either party fails to perform any of its duties or obligations hereunder, the nondefaulting 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 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 nondefaulting 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 party's right to take legal action in the event that 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 CONVENIENCE At any time after the second anniversary of the effective date of this Agreement, 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 one hundred twenty (120) days prior written notice to the Contractor. Upon receipt of any notice of termination, j Contractor shall immediately cease all services hereunder, except such as may be specifically I -12- i • 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 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 any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 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 j 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 -13- 9 0 performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 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. 0. 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 Inteeration: 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 unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 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. -14- ,� xt' Ci xJ"weak.' i IN WITNESS WHEREOF, the: parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a muni ' corporation Bid iJ'c� l _ By: City Clerk y City M ager REVIEWED & APPROVED AS TO CONTRACTOR: LANDSCAPE WEST INC. FORM: ,- Name RARRV I,. K0NTFR Title: PRESIDENT City Attom6y- l — By. Name: Title: Address: 1705 S. CLAUDINA WAY ANAHEIM, CA 92805 APPROVED BY THE CITY COUNCIL i i -15- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • No.5007 State of CALIFORNIA County of ORANGE On DECEMBER 14, 1994 before me, WENDI VALENZONA, NOTARY"PUBLIC DATE NAME,TITLE OF OFFICER-E G,"JANE DOE,NOTARY PUBLIC" personally appeared BARRY L. KONIER n NAME(S)OF SIGNER(S) l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized z.. capacity(ies), and that by his/her/their r VALFI\7c,, it signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . .Etrs'9,JUL 10, 199& WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ` TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ; ❑ OTHER: DATE OF DOCUMENT �I SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IFS) i' i ro. SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 91 3 0 9-71 8 4 EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide the landscaping services specified in this Agreement. In addition to which, landscaping services shall be provided per the specification set forth herein, Contractor shall trim all trees in the parks at no additional cost once during the first 2-years of the Agreement. Exhibit A: Scope of Service - Page 16 Qo SCOPE OF SERVICES STAFFING PLAN MODE 1 - PARKS Contractor will provide one full-time superintendent, one foreman, one park leadman, one full- time irrigation person, four landscape laborers, and three equipment operators. These people will be assigned to the various parks in the City. Some of the landscape laborers will work on Saturday and Sunday so that all of the: facilities will have a 7-day a week coverage. The superintendent, leadman and irrigation person will have a 2-way radio in their trucks so that they can be reached at any time in order to be given directions to settle any problems that may occur throughout the work day. The basic daily hours of maintenance service shall be as follows: For the months of November through April - 7:00 A.M. to 3:30 P.M.; For the months of May through October - 6:00 A.M. to 2:30 P.M. Park mowing will be done with a 2-3 man mowing crew. Contractor will[ utilize a Seven Gang Park Master mower and a 72" Groundsmaster mower to complete all of the mowing of the parks. All mowing will be completed within 3 1/2 days. Full time people shall be allocated for Sunrise Park and Demuth Park. All other parks shall he maintained on a crew basis where the crews report in the morning, clean restrooms as needed and empty trash cans and police the parks. All other landscape tasks of these parks will be accomplished throughout the week such as horticultural services, irrigation work, etc. MODE 1 - PARKWAYS & MISCELLANEOUS LANDSCAPE AREAS Contractor shall provide one foreman, one leadman, one irrigation man and three landscape layers for all of the center, medians and miscellaneous parkways, except the downtown areas. Downtown areas will have their own full-time leadman and two landscape laborers. The same superintendent in charge of the parks will also be responsible for the parkways and miscellaneous landscape areas. Both the leadman on the medians and the leadman located in the downtown areas will have 2-way radios, as will the leadman located in the park areas. A minimum of three full-time people will be assigned to the downtown area to accomplish all of the tasks, both on a daily and a weekly basis, to perform the services that are required in Mode 1. The three landscape laborers on the medians will do all of the mowing and horticultural services during the week to be performed in a timely manner. Exhibit A: Scope of Service - Page 17 IS�? as ei EXHIBIT "A" SCOPE OF SERVICES SUPPORT SERVICES In order to accomplish the following tasks, Contractor shall bring in additional labor and equipment on an as needed basis to perform the following: - Aeration - Fertilizing - Overseeding - Verticutting - Tractor/Skiploader Work - Pesticide Spraying - Tree Trimming, etc. In order to provide for a better distribution of manpower, Contractor will provide additional labor and equipment to perform the above services, which are not performed on a weekly basis. These services are technical in nature and the kinds of equipment required is not the normal equipment for on-site landscape laborers to utilize. Exhibit A: Scope of Service - Page 18 EXHIBIT "A" SCOPE OF SERVICES ALTERNATIVES/EXCEPTIONS EXCEPTIONS TO THE CONTRACT (NOT ON THE CITY'S SPECIFICATIONS) Included in the price of Mode 1 cost, Contractor has included the trimming of all trees located in all of the parks and facility areas. It does not include the trees located in any of the parkway or center medians. This includes the trimming of all trees of any height. The trees in the center median and other parkways would only be trimmed up to 14 feet per the specifications. Contractor has their own in-house certified Arborist and tree equipment and is willing to negotiate to trim the remaining trees. Fertilization: Contractor shall provide am annual soil test for various locations in the City park system to determine with authorization from the Contract Administrator the amounts and types of fertilizer needed to maintain the turf areas. ADDITIONAL SERVICES: Contractor is willing to provide the following additional services, if authorized by the Contract Administrator, on an as needed basis for the following hourly rates: A. Placement of banners $13.50 each - Contractor to provide aerial tower to both install and remove any banners or flags per the City's request. In the case of placement of either a street or castle banner, if one set of banners is being removed and simultaneously another set of banners is being installed, this action shall count as a single banner installation. B. Assembly and disassembly of bleachers at $16 per hour. C. Emergency situation, such as earthquakes, fires, floods, etc., at $16 per hour. D. Masonry work at $40 per hour. FLATS OF COLOR: Mode 1: Contractor, at no additional cost, will include the 1000 flats of color in the fall and 600 flats of color in early spring as part of this Contract. Mode 2: 500 flats in the fall and 300 flats in the early spring or summer would be provided at no additional cost. Exhibit A: Scope of Service - Page 19 s, +1 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; maintain and prepare ball fields; the pruning of trees and shrubs; providing weed, disease and pest control;provide specified building custodial services; operating, repairing and maintaining of the irrigations system, and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City of Palm Springs as set forth herein or revised by City. The specific frequencies per site are identified herein. 1.04 Contractor shall not work or perform any operations, particularly during periods of inclement weather, 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 panels identifying the Contractor's name, address and phone number. 1.09 The term of this Contract will be for three (3) years with two (2) additional one year options, renewable upon mutual agreement. 2. FACILITIES TO BE MAINTAINED 2.01 The park facilities and parkways to be maintained under the provisions of the Contract are located at the following addresses: Exhibit A: Scope of Service - Page 20 off, ', U PARKS: A. BARISTO PARK, CALLE EL SEGUNDO 1.36 ACRES & CALLE ENCILIA This is a pocket park with playground, picnic tables, basketball court, turf and mature trees. B. DEMUTH PARK, 4365 E. MESQUITE AVENUE 62.0 ACRES This is a neighborhood park with 6 lighted ball fields, 4 lighted tennis courts, 1 multi-purpose field, 3 playgrounds, 2 restroom facilities, off-street parking, group picnic facilities, mature trees. C. DESERT HIGHLAND PARK, 480 N. TRAMVIEW RD. 17.58 ACRES D. FRANCES STEVENS PARK, 3.58 ACRES 550 N. PALM CANYON DRIVE This is a downtown park with unoccupied former arts and senior centers, shuffleboard courts,picnic tables, mature trees and turf. E. RUTH HARDY PARK, 700 TAMARISK 21.31 ACRES This is a neighborhood park with lighted tennis courts, 2 playgrounds, basketball court, volleyball courts, off-street parking, picnic and restroom facilities, mature trees. F. SUNRISE PARK, 401 S. PAVILION WAY 37.17 ACRES This is a neighborhood/regional park with baseball stadium, Senior Center, Swim Center, Leisure Center complex, Boys' Club and Library Center; picnic tables, basketball court, exercise circuit, mature trees. G. VICTORIA PARK, 2744 N. VIA MIRALESTE 7.67 ACRES This is a neighborhood park with volleyball court, picnic shelter and facilities, restrooms, playground and large multi-purpose field. PARKWAYS: A. North Riverside Drive, bikeway and landscaping, Sunrise Way to S. Palm Canyon Drive B. South Riverside Drive, hedgerow and earthen slope, Sunrise Way to S. Palm Canyon Drive C. Laverne Way, S. Side, from Toledo Ave., to Caliente Drive D. Ramon Parkways, Sunrise Way south to Camino Parocela, and east to Cerritos Dr.; Farrell Drive east to 100 yards east of Compadre Rd. E. Gene Autry Bridge, east and west side landscaping at bridge, south side of the wash. F: Ramada Hotel frontage, greenbelt, from Sunrise Way drive entry to Hotel, to E. Palm Canyon drive entry. Exhibit A: Scope of Service -Page 21 L� t" Q, i • G. Coco's/Downey Bank, E. Palm Canyon Island Parkways, from Coco's east to bus stop at Smoketree Shopping Center. H. Saddlerock/Diplomat, Island Parkway, from Cerritos Dr. to Farrell Dr. on N. side of E. Palm Canyon, I. Canyon Sands, Parkway from Linden Drive to Gene Autry Trail, north side of E. Palm Canyon. J. V.LP. Island, E. Palm Canyon Island, S. side, from Cherokee Way west 100 yards. K Indian Trail, two islands, Sunny Dunes Rd. north to Ramon Rd. L. Warm Sands small islands at Warm Sands and Sunny Dunes, and Ramon Rd. and Warm Sands. M. Golf Club Drive, Islands, E. Palm Canyon north to Municipal Golf Course Entry. N. Birdie Way, Hedgerow, from Par Drive south to Eagle Way, east side. O. Cherry Hills Dr., Hedgerow from Broadmoor Drive east to Pebble Beach Dr. P. Cathedral Canyon Bike Path, Calle Arriba south and east to Cathedral Canyon Drive. Q. Tahquitz Canyon Way, Islands, El Cielo west to Indian Canyon Drive. R. Civic Drive, Parkways: On east side of Civic Dr., from Alejo Rd.south to East Civic Drive; from this point, south side of road east to N. Civic Drive; from this point, east side of road south across Tahquitz Canyon to Police Department. S. Juanita Drive, Alejo Rd. south to Julian, east side parkway/hedgerow. T. Old DMV Building, El Cielo and Arenas, N. W. corner property. U. City Hall, N. W. corner Tahquitz Canyon Way and El Cielo. V. Police Department, S. Civic Ilrive, east side. W. Corporate Yard, 425 N. Civic:Drive. X. Central Business District, Palm Canyon Drive and Indian Canyon Drive, from Alejo Rd. south to Ramon Rd. Y. Andreas Plaza, 1st block east of Palm Canyon Dr. on Andreas. Z. Farmers Market/Old Texaco, 400 block, N. Palm Canyon Dr. AA. Monte Vista Hotel, 414 N. Palm Canyon Dr. BE. Amado Park, N. w. Corner, Amado Rd. and N. Palm Canyon Dr. Exhibit A: Scope of Service -Page 22 ab cU 0 0 CC. Bullocks Site, 100 Block S. Palm Canyon Dr. DD. Wellwood Murray Library, S. E. corner, Tahquitz Canyon Way and S. Palm Canyon Dr. EE. Liebling Trust, 1st block east, Tahquitz Canyon Way, north side, extending north on west side of Indian one block. FF. Village Green, 215 S. Palm Canyon Drive. GG. Parking Lots: (1) S. Lot: S.W. corner, Arenas and Indian Canyon Dr, (2) N. Lot: Opposite 224 N. Indian Canyon Way. HH. Belardo Rd, landscaping at Amado, west side, extending south to Museum Dr. H. Gran Via Valmonte, 2 islands at N. Palm Canyon/N. Indian. J7• Sun Center Island, Intersection of Camino Parocela and S. Palm Canyon Dr. KK. S. Palm Canyon Drive, Rarnon Rd. south to Palo Fiero. LL. S. Palm Canyon Island, S. Palm Canyon Dr. and E. Palm Canyon Dr. MM. N. Palm Canyon Drive, Trainway Rd. to Alejo Rd. NN. Tram Islands, Intersection of Tramway Rd. and N. Palm Canyon Dr., north side. 00. Vista Chino Island, N. Palm Canyon Dr. and Vista Chino, west side. PP. Las Palmas Islands: -Via Las Palmas Islands (2) -Mt. View Place Islands (2) Las Palmas Islands, Cont.: -Prescott Rd. Islands (4) -Chino Drive Islands, Vine Ave. to N. Palm Canyon QQ. North Entry Way Sign, N. Palm Canyon Dr. between Tramway and Gateway Drive, west side. RR. Convention Center, Amado and Caballeros, S. W. corner. SS. Convention Center N. Lot, Amado and Caballeros, N. W. Corner. TT. Windbreak, starting at Gateway Dr. and Pamela Dr. and continuing north and east for two miles to Indian Canyon Dr. UU. Indian Canyon Drive at Tramview Road These facilities are landscaped with turf, shrubs, and are irrigated by manual and/or automatic controlled systems. j/'�� Exhibit A: Scope of Service - Page 23 0 0 2.02 Contractor will he 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/INSTJRANCE 3.01 Payroll, Prevailing Waee and Insurance Requirements a. Prevailing Wage: In accordance with the provisions of California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7, as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the work is to be performed. A copy of said wage rates is on file at the Department of Public Works, City of Palm Springs. Contractor shall be required annually to provide an analysis reflecting its labor cost under this contract with and without Prevailing Wage requirements. In the event City is exempt from Prevailing Wage Requirements and the City's Purchasing Ordinance no longer requires compliance with such regulation, Contractor shall be exempt from compliance with Prevailing Wage Requirements and to the extent that elimination of the Prevailing Wage requirement reduces Contractor's cost of doing business, compensation due to Contractor under this agreement shall be reduced in like amount. However, to the extent Prevailing Wage requirements apply it shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractors under the Contractor to pay not less than said specified rates of wages to all workers employed by them in the execution of the Work, and shall post a copy of said wage rates at their place of business. b. 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. C. 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 render 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. d. Reportine 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. e. Insurance Requirement_ The Contractor awarded the Contract shall meet all insurance 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. See Part IV, Exhibit "A". 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. �4 Exhibit A: Scope of Service - Page 24 3.03 Certification of Specialty Tyne Ddaintenance 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: a. Quantity and complete description of all commercial and organic fertilizers) 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 Emplovee 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 art 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 Contractor for performing such additional work. 4.02 Prior to performing any additional work the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Contract Administrator. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Contract Administrator may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four(24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Contract Administrator for approval. 4.03 All additional work as provided for shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 5. CONTRACTOR'S DAMAGES 5.01 All damages incurred to existing facilities by the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits: a. Irrigation damage shall be repaired or replaced within one watering cycle. Exhibit A: Scope of Service - Page 25 five (5) working days. b. All damages to shrubs, trees, turf or ground cover shall be repaired or replaced within 5.03 All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees-Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the Contract Administrator. b. Shrubs-Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in "Pruning and Hedge Trimming - Operation" of the On-Going 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 Purchasing 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 Purchasing Manager, for his consideration, within one(1)week following the conclusion of the hearing. The Purchasing Manager shall render an interpretation based upon his review of the Panel's recommendation. The Purchasing 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 Exhibit A: Scope of Service - Page 26 Contractor from the City. 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 its 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. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State 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. i 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 MAINTENANCE SERVICES 9.01 The basic daily hours of maintenance service shall be as follows: a. For the months of.November through April: 7:00 A.M. to 3:30 P.M. I b. For the months of May through October: 6:00 A.M. to 2:30 P.M. i 9.02 Contractor shall provide staffing to perform the required maintenance services during the prescribed hours sevdn (7) days per week, Sunday through Saturday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Contract Administrator. Exhibit A: Scope of Service - Page 27 s 7 J!ry 9.03 The Contractor shall be available twenty-four(24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. 9.04 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight(8) hours of labor under the Contract shall constitute a legal day's work and Contractor shall not require or permit.any employee of said Contractor, or any subcontractor employed by him to perform any of the work described herein to labor more than eight(8)hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars($25.00)for each employee employed in the execution of said Contract by him, or any subcontractor under him, upon any of the work included in said Contract for each calendar day during which such employee is required or permitted to labor more than eight(8) hours in any one calendar day or forty(40) hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCFIEDULES 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. 10.03 Contractor shall notify the Contract Administrator, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as: a. Fertilization b. Turf renovation/reseeding c. Micro-Nutrients/Soil amendments d. Spraying of trees, shrubs or turf e. Aesthetic tree pruning f. 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 i 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 famished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the City. Exhibit A: Scope of Service - Page 28 L�-A 11.04 The Contractor shall require each 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/EMPROVEMENTS 12.01 Contractor shall not post signsor 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). Water usage: The City will use as a base line the following amounts of water stated in units equal to 100 cubic feet (748 gallons of water): MODE 1 MODE 2 PARKWAYS 175,000 UNITS/YEAR 60,000 UNITS/YEAR PARKS 338,191 UNITS/YEAR 320,669 UNITS/YEAR 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES Contractor is prohibited from use of City facilities for the conduct of any of its business interests that are outside the scope of the Contract. Further, said facilities shall not be used for human habitation,other than a night watchman or patrolman as specifically approved by the City. Contractor, at its own risk, may store equipment and materials required for maintenance of the premises in said facilities. However, Contractor must, at all times, employ the use of such safety standards and handling procedures as are applicable to such equipment and materials. Contractor shall not dispose of hazardous materials on the premises. All such hazardous materials collected on the premises shall be properly stored on a temporary basis, thereafter to be disposed of by Contractor at an approved disposal site. Damage or loss to Contractor's equipment,materials and/or personal property shall be at Contractor's sole risk and expense. Contractor shall agree to hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or personal property that may occur at City provided storage facilities. 16. USE OF CHEMICALS 16.01 All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. 16.02 A listing of proposed chemicals to be used including; commercial name, application rates and 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. Exhibit A: ;Scope of Service - Page 29 r ? • i 16.03 Chemicals shall only be applied by those persons possessing a valid California Pest Control Applicator's license. Application shall be in strict accordance with all governing regulations. 16.04 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. 16.05 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained with a copy to the City Purchasing Manager. 16.06 All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. 16.07 Chemicals shall be applied when air currents are still, preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the area of application. Il. ON-GOING MAINTENANCE TASKS 17. MOWING - OPERATION 17.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth, surface appearance without scalping or allowing excessive cuttings to remain. 17.02 Turf shall be mowed with a reel-type mower equipped with rollers, a rotary-type mower, or a flail mower, as approved by the Contract Administrator for each site. 17.03 All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened. 17.04 Mowing height for regular Bermuda Grass and Rye Grass shall be no less than 3/4". Mowing height may be set as high as 1 'h" with 1" being considered normal. Mowing height for hybrid Bermuda Grass shall be no less than 'h". Mowing height may be set as high as 3/4" with 5/8" being considered the normal for hybrid Bermuda Grass. Mowing heights may vary for special events and conditions. 17.05 Mowing operation shall be scheduled Monday through Friday. 17.06 Walkways shall be cleaned immediately following each mowing. 18. MECHANICAL EDGING - OPERATION I 18.01 All turf edges, including designed edges in flower beds, shall be kept neatly edged and all grass invasions must be eliminated. 18.02 All turf edges, including but not limited to; sidewalks, patios, drives, curbs, shrub beds, flower beds, ground cover beds, around tree bases, and along Iakes and streams shall be edged to a neat and uniform line. i 18.03 Mechanical edging of turf shall be, completed as one operation in a manner that results in a well- defined, V.shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade. Exhibit A: Scope of Service -Page 30 '.fir 18.04 All turf edges shall be trimmed or limited around; sprinklers to provide optimum water coverage, valve boxes, meter boxes, back flow devices, park equipment and other obstacles. 18.05 All ground cover and flower bed areas where maintained next to turf arras shall be kept nmtly edged and all grass invasions eliminated. 18.06 Walkways shall be cleaned immediately following each mechanical edging. 19. CHEMICAL EDGING/DETAILINGlWEED CONTROL - OPERATION 19.01 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. 19.02 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. 19.03 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. 19.04 Linear chemical edging of turf boundaries may be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. A six (6) inch barrier width shall be considered normal. 19.05 Detailing of sprinkler heads(to provide maximum water coverage), valve boxes, meter boxes, and similar obstacles in turf at= may be performed in a manner that ensures operability,ease of location and/or a clean appearance. A four (4) inch cleamuce shall be considered normal. 19.06 All grass-like type weeds, monvng glory or vine-weed types, ragweed or other underground spreading weeds shall be kept under strict control 19.07 Remove all weeds and grass from the following areas: roadways; driveways; parking lots;patios; drainage areas; slopes; hillsides; and expansion joints in all hard surface areas. 19.08 Remove all weeds, mechanically, from shrub beds, planters, and other cultivated areas. 19.09 Weeds treated with a contact weed chemical shall be left in place for a minimum of seven M days. If kill is not complete, additional application(s)shall be made, at no additional cost to the City, until target species are eliminated. 19.10 Weeds treated using a systemic chemical 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. 19.11 After complete kill all dead weeds shall be removed from the area. Exhibit A: Scope of Service - Page 31 0 6 20. LITTER CONTROL - OPERATION 20.01 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. 20.02 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. 20.03 Complete removal of floating debris and litter in lakes and/or streams. 20.04 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. 20.05 Trash cans and any other large materials placed into the lakes or streams shall be removed. 21. TRASH CONTAINERS - OPERATION 21.01 Exterior trash containers shall be emptied when half full prior to 10:00 A.M., and all materials shall be placed in appropriate trash bin(s). 21.02 Receptacles shall be conveniently located for the public use, and returned daily to such locations if receptacles are displaced by third parties. 21.03 Containers or related appurtenances shall be cleaned, and painted to avoid concentrations of insects and not detract from the overall appearance of the area. 21.04 Containers shall be painted to match the original color of the container and stenciled as needed. 21.05 Park containers shall be fifty-five: (55) gallon drums. 21.06 Each trash container shall have a plastic liner at all times to contain trash. 22. TRASH BIN REMOVAL - OPERATION 22.01 All trash and accumulated debris shall be placed in appropriate designated trash bin(s) each day. 22.02 A designated storage area will be provided for the trash bin(s). 22.03 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. 22.04 Trash trucks shall not be permitted on park turf areas. 23. RAKING - OPERATION 23.01 Accumulation of leaves shall be removed from all landscaped areas, including beds, planters and turf areas under trees and placed in appropriate trash bin(s). Exhibit A: Scope of Service - Page 32 as + 24. PRUNING AND HEDGE TRIMMING - OPERATION 24.01 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. 24.02 Trim designated formal plant materials to maintain formal hedges and topiary work. 24.03 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 24.04 Remove all new growth on trees up to the appropriate height clearances. 24.05 Remove all dead shrubs and trees. Trees to be removed shall have a caliper of three(3) inches or less measured six (6) inches above the ground level. 24.06 Staking and Tying a. Replacement of missing or damaged stakes where the tree diameter is less than three(3)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 than 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. 24.07 Ground Cover-All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. All ground cover areas shall be: premed to maintain a neat edge along planter box walls. Any I runners that start to climb buildings,shrubs or trees shall be pruned out of these areas. 24.08 Damaged trees shall be staked and tied within twenty-four(24) hours. Replacement stakes or new staking shall be completed within five days. 25. SWEEPING/WASHING - OPERATION 25.01 Check concrete areas for cracks, crevices and deterioration and notify Contract Administrator, in writing, within twenty-four(24) hours of any deficiencies. Exhibit A: Scope of Service -Page 33 25.02 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, etc. 25.03 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. 25.04 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. 25.05 Supplemental hand sweeping of parking lot comers and other parking lot areas is required in those areas inaccessible to power equipment. 26. GRAFFITI ERADICATION AND CONTROL - OPERATION 26.01 Graffiti eradication and control shall include all surfaces to the following areas as noted: exterior wall surfaces. a. Park Offices, and meeting and storage rooms, and Swimming Pool buildings, all b. Park signs and park fountains. c. Wooden bridges and play structures. d. Picnic pavilions, patios, tables and slabs. e. Restrooms and comfort stations, all interior and exterior wall surfaces. f. City Service Yard and buildings. g. Concrete and block walls. h. Concrete walks throughout the park. i. Curbs in parking lots and on streets and drives. j. Trash barrels and receptacles. k. Benches, planters, trees, and seating areas. 1. Other surfaces within a park or City facility. 26.02 All materials and processes used in graffiti eradication shall be non-injurious to surfaces and adjacent park property, and approved by CAL-OSHA. Exhibit A: Scope of Service -Page 34 26.03 Appropriate surface preparation shall be made on painted walls,and paint applied shall be the exact shade of color as existing paint, unless otherwise specifically approved by the Contract Administrator. 26.04 Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by the Contract Administrator. 26.05 Contractor is not required to sandblast walls or walkways, but may be required to pressure wash surfaces. 26.06 Contractor shall immediately remove all graffiti at all times during the days and hours of operation when observed or instructed by the Contract Administrator. 27. PICNIC AREAS AND PAVILIONS IWAINTENANCE - OPERATION 27.01 Picnic tables, benches,slabs,braziers and trash containers and receptacles shall be cleaned to insure safe use by the public. 27.02 Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. 27.03 Cooking grills, braziers, fireplaces and fire rings shall be inspected for general need of repair. 27.04 The Contractor's observation of the general need of repair or replacement of loose planks or braces, braziers and fireplaces shall be immediately reported to the Contract Administrator. 27.05 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. 27.06 The entire picnic area shall be kept free of broken glass, cans, pop tops, paper, etc. 28. PLAYGROUND EQUIPMENT - OPERATION 28.01 All playground sites and equipment shall be inspected at the start of each work day, and the sand cleaned and raked level to remove any foreign and/or hazardous material and be neatly groomed. 28.02 Any equipment showing signs of wear, fatigue or otherwise presenting an unsafe condition shall be reported immediately to the Contract Administrator. 28.03 Special attention shall be given to low sand areas around play equipment. These sand areas shall be leveled by distributing sand from high areas to low areas. During the leveling and distribution of sand, no concrete footing shall be exposed that could allow children to trip or fall. 28.04 During regular maintenance the taking and filling of depressions shall be done in a manner to prevent material compaction. 28.05 The raking and distribution of sand around and below the play equipment shall have a cushioning potential and this condition shall extend for eight (8) feet beyond any part of the play equipment. 28.06 All sand play areas shall be maintained free of litter,cans,pop tops,broken glass and other harmful and unsightly debris. Exhibit A: Scope of Service -Page 35 �. m.2 29. REMOOM MAINTENANCE - OPERATION Daily Operation, seven (7) days per week. 29.01 All restrooms shall be cleaned thoroughly twice daily in accordance with the following tasks, and all tasks shall be completed and restrooms opened for public use prior to 8:00 A.M., unless otherwise specifically authorized by the Contract Administrator. The second cleaning shall occur in the afternoon prior to the end of the work day. 29.02 Pick up debris and trash, then sweep floor. Removed materials are not to be swept outside of the tesroom 29.03 Empty trash and napkin receptacles, replace liners as needed. 29.04 Check and refill all dispensers as needed. 29.05 Replace burnt out light bulbs or tubes inside of restroom and security lights outside. 29.06 Remove all graffiti using graffiti removal materials or other scrubbing techniques. 29.07 Remove spitballs,cobwebs, and other foreign materials from doors, walls,ceiling,partitions,vents, etc. 29.08 Do high and low dusting of ledges, tops of partitions,etc., using a dampened cloth or other device. 29.09 Disinfect the inside of urinals and toilets. 29.10 Disinfect the top and bottom of toilet seats, futures,and surfaces of and surrounding each future. 29.11 Disinfect stall walls and other areas where hands are normally placed. Clean doors and door frames. 29.12 Disinfect around urinals, under sinks, around floor drains, and other areas where bacteria might breed. 29.13 Disinfect sinks, dispensers, receptacles, trash containers, and walls around such areas. 29.14 Clean mirrors. 29.15 Scrub sinks and wipe dry. Use a small scrub brush to clean comers, cracks, and narrow areas, i 29.16 Scrub inside surfaces of toilets and urinals. Be sure to scrub upper lip. Do not flush. I 29.17 Scrub outside of toilets, urinals, and rear wall. 29.18 Wipe toilet seats, toilet bowls, urinals, and fixtures until dry. i 29.19 Spot clean walls and scrub band prints, graffiti, etc., from walls and partitions and wipe dry. i 29.20 Disinfect and mop floors, making sure that corners, drains, areas around toilets, and feet of partitions are thoroughly cleaned and there is no accumulation of dirt or other matter. Leave the floor as dry as possible. Exhibit A: Scope of Service -Page 36 ' rl C 29.21 Wipe off cove base and remove mop strands caught around posts, etc. 29.22 Replace receptacles and trash containers after cleaning. 29.23 Deodorize the entire restroom facility. 29.24 Immediately notify the Contract Administrator of any irregularities or hazards. 29.25 If running water, broken fixtures, or plugged sewer lines cannot be normalized or isolated, the restroom is to be locked and the Contract Administrator immediately notified. 29.26 Remove graffiti from the outside of the restroom building and wash off any other dirt clods, mud or foreign materials. 29.27 Clean top and sides of drinking fountains outside of restrooms and clear drains. 29.28 Disinfect drinking fountains, scrub the fixture and dry it. 29.29 All areas are to be left clean and free of streaks, stains, film, debris, water spots, and odors. All futures shall be clean, including piping. 29.30 Make sure that supplies are in their appropriate dispensers and in adequate amounts to meet the demand. 29.31 All leaking fixtures,clogged drains,stopped up or damaged basins, toilets,or urinals,and damaged or inoperable lighting futures that cannot be repaired by the following shall be reported to the Contract Administrator: (a) tightened to stop leaks; (b) unclogged by using a 'plumber's helper" or short snake. 30. R.ESTROOM MAINTENANCE - Weekly operation; once per week. The following tasks shall be completed the day prior to the scheduled inspection date. 30.01 Perform the following tasks prior to commencing the daily tasks identified in Paragraph 29, above: a. By using a plumber's helper(plunger), lower water levels in toilet bowls below water line and use a bowl cleaner to descale and dissolve water rings on the bowls and under the flushing rims. Allow the bowl cleaner to soak for 20 to 30 minutes. Do not flush. b. Using a bowl cleaner, descale and.dissolve water rings on urinal surfaces and under the flushing rim allowing the bowl cleaner to soak for 20 to 30 minutes. Do not flush. c. Following the soaking period, scrub the bowls and urinals to remove deposits and stains and then flush the toilet bowls and urinals. 30.02 Perform the following task prior to commencing the daily tasks identified in Paragraph 29.14: a. Wash all windows. 30.03 Perform the following task prior to commencing the daily task identified in Paragraph 29.15: a. Scrub underneath sinik and disinfect. Exhibit A: Scope of Service - Page 37 0 30.04 Perform the following task prior to commencing the daily task identified in Paragraph 29.19: handle and hinges. a. Disinfect and completely wipe dry all partitions, doors, door frames, metal plates, 30.05 Perform the following task prior to commencing the daily task identified in Paragraph 29.20: a. Scrub and clean all base moldings and 'hard to get at' places. 30.06 Use only materials that are not caustic or damaging to the fixtures being cleaned. 30.07 Clean light fixture covers. 31. AERIFICATION - OPERATION 31.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at not mom than six (6) inches spacing. 32. WATERING AND IRRIGATION SYSTEM MAINTENANCE 32.01 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. 32.02 Adequate soil moisture will be determined by programming the irrigation system as follows: watering period. a. Adjusting and setting of the automatic controller to establish frequency and length of b. Consideration must be given to the sail conditions,humidity, minimizing nmoffand 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. or walks.32.03 Watering shall be regulated to avoid interference with any use of the facility's roadways, paving 32.04 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. 32.05 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. Exhibit A: Scope of Service -Page 38 • • 32.06 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. 32.07 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. 32.08 Contractor shall be responsible for the operation of the automatic controllers, valves, and sprinkler heads in managing the overall irrigation water delivery system of the area. All irrigation systems shall be regularly inspected and tested in accordance with the specifications specified herein. 32.09 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. tasks: 32.10 Contractor is responsible for total maintenance of the irrigation system by performing the following 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.0 schedule 80 nipples,caps,plugs,elbows,couplings,fittings,etc. f. Providing replacements of all risers and swingjoints 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 i. Contractor shall confer with the Contract Administrator regarding the need for replacement or relocation of inoperable sprinkler heads. City may require the Contractor, at no additional cost, to relocate the inoperable sprinkler head(s) to those areas within the facility identified by the Contract Administrator. t j. Repair and/or replacement of the following items of the irrigation system: Quick couplers, automatic valves, gate valves, valves, automatic controllers and back flow devices, with equal size and quality. k. Annual certification of the back flow devices. 32.11 Complete piping replacement of the irrigation system is not required by the Contractor. Contractor is responsible for the repair or replacement of leaking main and lateral irrigation lines. Exhibit A: Scope of Service - Page 39 32.12 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. 32.13 Replacement for the irrigation system shall be with originally specified equipment of the same size and quality or substitutes approved by the Contract Administrator prior to any installation thereof. 33. IRRIGATION SYSTEM OPERABILITY AND TESTING - OPERATION 33.01 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 t+'� incorrect operation to the Contract Administrator. 33.02 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 heztds 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. 1 i 33.03 In addition to regular testing,all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 33.04 Repair/replace malfunctioning sprinkler heads within one (1) watering cycle. 33.05 Correct maMuctioaing irrigation systems and equipment within two (2) hours of identification or following verbal notification. 33.06 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. 33.07 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. 34. BALLFIELD MAINTENANCE AND PREPARATION - OPERATION All ballfield areas within the premises shall be maintained at a level that insures a safe playing condition. Said ballfields, including appurtenant backstops, fencing, bleachers and walkways shall be inspected daily and the ; Contract Administrator informed immediately thereafter of any existing hazardous conditions,or any supplemental needs required. 34.01 Ballfield Preparation: The following progression is necessary to prepare a ballfield for each day's play: I • a. Lightly water the skimsed portion of the infield and then drag and level with a Maxwell I Steel Planner Drag or its equal, to break the crust and regrade the infield. i Exhibit A: Scope of Service - Page 40 ,,L e i • b. Home plate, pitchers mound, 1st, 2nd and 3rd base areas should be lightly watered. Home plate and pitchers mound will receive the heaviest watering. C. The dampened surface material in the above mentioned areas shall be loosened,raked, shaped, and leveled. The surface material that has worked away from these areas must be replaced in the proper area and tamped down firmly. firmly. d. All other depressions in the skinned area should be graded level and tamped down e. The skinned portion of the diamond shall be thoroughly watered with the proper amount of water to provide a suitable condition for dragging. As a rule, the appearance of small water bubbles should indicate sufficient watering. f. In the watering of the diamond, the correct procedure is to water away from the body with the hose to the rear. Do not walk on the watered areas. g. As the field dries, check the condition at which it can be dragged while cleaning and washing down dugouts, bleachers, concrete pads, and walks around the diamond. Make sure that the runoff from this operation does not create hazardous or unplayable conditions in the area. h. Said drag, similar to a metal foot scraper constructed of heavy interwoven metal squares, is used to provide a finished surface. i. After smoothing the surface with the drag mat, small pebbles and other debris shall be removed. j. Make sure that the base pegs, pitching rubber, quick couplers, valve box covers and sprinkler heads are visible. 34.02 On-Going Maintenance Operations: a. The berm buildup that is created from play and the dragging operations shall be regularly raked level to insure a smooth transition between the skinned portion of the infield and the grass portion of the outfield. ballfield. b. Turf and weed encroachment shall be prevented within the skinned portion of the c. A smooth line shall be kept between the turf grass and skinned portion of the ballfield by either mechanically edging or chemical application. d. Seasonally excessively wet diamonds may require the working of the skinned area until it is dry enough to prepare for play. Acceptable techniques shall be utilized to provide a playable diamond. e. A soil sterilaut or herbicide shall be applied under all fencing that does not have concrete mow strips. ' f. Foul lines and out-of-bound lines that extend into turf areas shall be burnt in on a regular basis to insure their visibility. Exhibit A: Scope of Service - Page 41 34.03 Scheduling of Maintenance Operations: Ballfield(s)shall be prepared daily in compliance with the schedule of recreation use as set forth by the Contract Administrator. Said schedule shall be prepared by the appropriate recreation staff and forwarded to the, Contractor. 34.04 In the event that 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. 35. BALLFIELD PREPARATION AND MAINTENANCE -FREQUENCY 35.01 Inspect each field for safety and litter and debris removal: daily, seven (7) days per week, as instructed by the Contract Administrator. 35.02 Preparation for recreation use each field: 120 times per year as instructed by the Contract Administrator. 35.03 Ballfield on-going maintenance: Twenty-six (26) times per year as instructed by the Contract Administrator. 36. DRINKING FOUNTAIN MAINTENANCE - OPERATION AND FREQUENCY 36.01 Contractor shall maintain all interior and exterior drinking fountains by performing the following operations: a. Drinking fountains shall be cleaned and disinfected daily, seven (7) days per week. b. Leaking fixtures,clogged or stopped up drains and damaged fountains that cannot be repaired by tightening the future to stop the leak, or unclogged by using a "plumbers helper" or a short snake to clear the drain, shall immediately be reported to the Contract Administrator orally and thereafter in writing. For leaking fixtures the water valve shall be turned off. 36.02 City shall be responsible for the repair or replacement of drinking fountains and futures. Additional compensation may be authorized,at the discretion of the Contract Administrator,for the Contractor to perform said work. 37. FERTILIZATION - OPERATION AND FREQUENCY 37.01 All fertilizer/micronutrient shall be approved by the Contract Administrator prior to application. 37.02 Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after fertilization. 37.03 All turf areas shall receive fertilizer to the standard set forth in Parks Maintenance Standards established by the National Recreation and Parks Association (See attachments). All fertilizer shall be inorganic and granular in form with an approximate ratio of 4-1-2. 37.04 Areas shall be fertilized utilizing ratios and mixtures recommended by the Contract Administrator at the rate-of application per the manufacturer's recommendation. 37A. TENNIS COURT AND BASKETBALL COURT MAINTENANCE Exhibit A: Scope of Service -Page 42 �;U 0 0 37A.01 All court surfaces shall be blown clean in accordance with the appropriate frequency of service. Additionally,all court surfaces shall be deep cleaned by washing as discussed in Part II, Section II, paragraph 25 and in accordance with the appropriate frequency of service. 37A.02 Tennis net maintenance shall include inspection and adjustment. If the nets are wom, torn, or showing signs of deterioration shall be reported to the Contract Administrator. Basketball net maintenance shall include inspection and, if necessary, replacement. M. 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. 38. SHRUB AND TREE CARE/PRUNING - OPERATION 38.01 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. 38.02 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 means of pruning, if approved by the Contract Administrator. 38.03 Pruning Procedures; a. Rapid healing of pruning wounds is dependent upon where the cut is made when removing limbs. Never leave short stubs. Some, trees produce a corky ring of growth where a limb originates. The pruning cut should be made toward the outside portion of this 'collar'. If a tree does not produce this characteristic collar, then make the cut flush to the limb where it is growing. b. All limbs 1 'k' 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 sha11 not be used. i 38.04 Pruning Criteria: a. The initial step of pruning shall be the removal of all deadwood,weak,diseased,insect infested and damaged limbs. Exhibit A: Scope of Service -Page 43 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. of the species. e. All trees shall be trimmed and shaped to provide a symmetrical appearance typical f. All suckers and sprouts shall be cut flush with the trunk or limb. g. No stubs will he permitted. 38.05 All structural weaknesses such as split crotch or limbs,diseased or decayed limbs,or severe damage shall be reported to the Contract Administrator. 38.06 Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways. 38.07 All trimming and debris shall be removed and disposed of offsite at the end of each day's work. 38.08 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. 39. CULTIVATING - OPERATION 39.01 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. 40. RENOVATION/VERTICAL MOWING - OPERATION 40.01 Care shall be taken to avoid unnecessary or excessive injury to the turf grass. 40.02 Sweep or rake the dislodged thatch from the turf areas and place in appropriate trash bin(s). 40.03 Standard renovating or vertical mowing type equipment shall be used. 40.04 Vertical Mowing-Turf: Vertical mow to remove thatch in turf areas, to encourage healthy growth and to maintain acceptable appearance. 40.05 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. Exhibit A: Scope of Service - Page 44 • • c. Areas to be overseeded will be seeded utilizing blends or mixtures at the rate application recommended by the Contract Administrator. 41. TURF RESEEDING/RESTORATION OF 13ARE AREAS - OPERATION 41.01 Overseed all damaged, vandalized or bare areas to reestablish turf to an acceptable quality. 41.02 Areas to be overseeded will be seeded utilizing blends or mixtures at the rate of application recommended by the Contract Administrator. 41.03 Stolonize bare areas with Adlayd Turf or equal (Paspalum vaginatum)at the rate recommended by the Contract Administrator. 42. DISEASE/INSECT CONTROL - OPERATION 42.01 All landscaped areas shall be maintained free of disease and harmful insects that could cause damage to plant materials including but not limited to trees, shrubs, ground cover and turf. The primary insect problem within the Parks System is one of ant control. It is the City's intent to control this and any other insect problems by means of organic methods. Pesticides may only be used with prior approval of the Contract Administrator. Whenever chemical applications are used, extreme care must be exercised. No chemicals shall be used in the presents of park patrons, especially small children. 42.02 The Contract Administrator shall be notified immediately of any disease, insects or unusual conditions that might develop. 42.03 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. 43. PLANT MATERIALS - OPERATION 43.01 Plant materials shall conform to the requirements of the Landscape Plan of the area and to "Horticultural Standards" of American Association of Nurserymen as to kind, size, age, etc. Plans of record and specifications should be consulted to insure correct identification of species. Plant material larger than those specified may be supplied if complying in all other respects. i 43.02 Substitutions may be allowed but only with prior written approval by the Contract Administrator. I 43.03 Nomenclature -Plant names used in the landscape plan of the area conform to "Standardized Plant Names" by American Joint Committee on Horticultural Nomenclature. In those cases not covered therein, the custom of the nursery trade shall be followed. 43.04 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 weed;. 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 Exhibit A: Scope of Service - Page 45 List, it shall be understood that these plant materials shall be normal stock for type listed. They must be sturdy enough to stand safely without staking. d. Shape and Form: Plant materials shall be symmetrical, and/or typical for variety and species and conform to measures specified in the Plant List. e. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Contract Administrator. 43.05 Plant Materials Guarantee: All shrubs shall be guaranteed to live and remain in healthy condition for no less than thirty(30) days from the date of acceptance of the job by the Contract Administrator. 43.06 Annual Planting, Annual flowers,of a type and size to be specified by the Contract Administrator, shall be planted twice annually, in October and late April to early May. The annuals shall be planted at sites according to Operational Mode. 43.06.1 Estimated Quantities, The approximate number of flats of color purchased under Mode 1 have been 1000 in fall and 600 in spring/early summer, under Mode 2 have been 500 in fall and 300 in spring/early summer. Flats have been purchased in about a 50150 mix of 4" liners and jumbo packs of 48 plants each. a. Annual planter bed preparation shall consist of the following: removal of any weed growth or foreign material; tuming 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 sail; frte grade and moistening of soil prior to planting. b. Planting of annuals shall consist of: placement of annuals into the prepared beds at 8" to 12" spacing as determined by variety, and at the Contract Administrators' direction; plants shall be placed in a pre-determined arrangement, firmed into the soil immediately after removal from flats 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. • 43.07 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. ' 44. LOCKS AND KEYS 44.01 City has developed a chain and lock system for restrooms, gates and valves/pumps cover boxes. Contractor,shall be responsible for purchasing similar locks upon loss of any City-owned locks. City shall provide Contractor on a one-for-one exchange, locks that have been vandalized or are inoperable. Exhibit A: Scope of Service - Page 46 44.02 Contractor shall provide a chain and lock system, at Contractor's expense, for trash containers located throughout the park for the purposes of securing and limiting the removal or tipping of the containers. 44.03 Key Control: a. Contractor shall be responsible for the series of keys assigned to them and will in turn assign these keys to their personnel for use in maintaining this facility. b. The Contractor will be held responsible for the proper use and safe keeping of all keys issued by the City to the Contractor. c. Contractor shall report all lost or stolen keys to the Contract Administrator within twenty-four(24)hours of discovery of the loss. Contractor shall reimburse the City for the cost as determined by the Contract Administrator of rekeying the facility or duplicating additional keys. d. Upon termination, cancellation or expiration of this Contract, all keys received by the Contractor shall be returned to the Contract Administrator. e. California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of law is either six (6) months imprisonment or a five hundred dollar($500) fine, or both. 45. MISCELLANEOUS 45.01 City shall maintain, including relamping, the light standards at Demuth Park and Angel Stadium only. All other relamping shall be the responsibility of the Contractor. Contractor shall inspect the light standards and check operability of the lamps and notify the Contract Administrator of damaged light standards and inoperable or burned out lamps. 45.02 During Special Events Contractor shall pick-up and remove all litter within the Special Events area. Other Work shall include, but not be limited to: A) Placement of banners. 1. Street Banners: Currently there are four locations to hang banners that go from curb to curb across Palm Canyon Drive(approximate size: 27' x 5'). There are approximately 40 banners per year that will be hung and then removed. 2. Castle Banners: The City has approximately 350 palm trees with installed brackets for castle banners to hang. Number of Castle Banners Requests Per Year 1 - 50 3 50 - 150 6 151 - 350 4 3. In the case of placement of either a street or castle banner, if one set of banners is being removed and simultaneously another set of banners is being installed,this action shall count as a single banner installation. B) Assembly and disassembly of bleachers. 1. Transport, assemble and disassemble 2,500 seating capacity mobile bleachers. Move entire bleachers four (4) times each year and move approximately 900 - 1,000 seating capacity six (6) times per year. Each section will seat 100 people. Exhibit A: Scope of Service - Page 47 (l ,'"I IJ �: C) Erection and removal of crowd control devices. 1. A typical event requiring crowd control is the Palm Springs Village Fest. This event is held weekly in the CBD. The erection and removal of crowd control devices typically avenges 12 hours per week. D) Assisting during emergency situations such as earthquakes, fires and floods. E) Transporting,towing or moving Special Events materials and supplies,which may include, but not be limited to floats; boxes of souvenirs such as T-shirts, hats and paper weights; tables and chairs. It is estimated that approximately 300 hours may be associated with this type of activity. F) Hanging approximately 1,000 60 ft. strings of holiday lights on CBD palm trees. G) Showmobile: Transport,assemble and disassemble 40 ft.x 8 8,showmobile(single-wide mobile home frame) and set up and remove 16 - 4 ft. x 8 ft. extensions to increase stage size to a maximum of 40 ft.x 24 ft. Request for showmobile use will be approximately 12 times per year. California State Class A Driver's License is required to move the showmobile or a towing service may be called to transport it. 45.03 The City will provide trash receptacles for green waste in the City Yard area. The Contractor may use the receptacles at no cost. 45.04 The City, at its discretion, may allow the Contractor to purchase fuel used to perform Work under this Contract from the City Yard. If fuel is purchased from City, the cost will be deducted from the Contractor's monthly invoice. I i i Exhibit A: Scope of Service - Page 48 EXHIBIT "B" SPECIAL REQUIREMENTS USE OF CITY FACILITIES During the term of this Agreement, City hereby grants Contractor a license to use those portions of the Corporate Yard located at 425 N. Civic Drive, Palm Springs, California shown by cross-hatching on the attached Site Plan for offices (approximately 2,060 sq.ft,) for Contractor's superintendent and foreman performing services under this Agreement and for the storage of Contractor's small equipment, trucks and large mowing equipment (approximately 3,600 sq.ft.)used in connection with this Agreement. Contractor shall pay the City the sum of One Thousand Dollars ($1,000.00)per month for the use of said space. The City shall have the right to deduct from the monthly payments owing to Contractor hereunder the foregoing monthly fee. GOOD FAITH EFFORT TO HIRE EXISTING PARKS MAINTENANCE EMPLOYEES Contractor agrees to make a good faith effort to interview and hire existing City parks maintenance employees on a probationary basis. ) xhibit B: Special Requirements - Page 49 r - 10' 237 G` w 36 oD Fes' _ Lj I4TGFIE l \\ \ \ \ , ' Z 5 85 hr TvA.rrIc 6TKt ET. KA%iOT WOOF DI-RA.MAWT. - 91G1.19 LwCAI�LaU�16E r'oMnnl T�nlh '�pfFlcE p��w rcP O&Ie. Id6DY 5 CoKP-If�K 237kY= f8'7�(.J7r � R' 7' e81f1' `I/b% d_ldbf ' ')` ��JIY l yI(' • • �I•z—CC�CP—fr/St Ff. 5.F.c• otJl'• II I r^-r IO —NJ P- ql I�r L • LI o�(icG o � ,— 13r�8�f'� _ �11 �GKF-r: IZ' 74n23 hh2lT' �i1TKY GC)P A-�A z'�7'x85 = L©r 145 FAW5 MOP — I h 4o FTC GENERAL OPERATIONS PAR" Cma - I h 8 W Legend Cv q EE SR - 2 5 irk Co�yRfN(� Ra�r� - i (at) �"C ` ADMINISTRATION BUILDING V7ater main d '" W Electrical panel ?vN L CIdR1-w,!tr- r o-2- �-Ty Equipment room U)fj&t RttFt Note: Gas main -on north side of Fleet Ops building . a- h - V Q - Q ^ J N CA 70 fl FT'� ISOF1' WTctl l :IA414T. / tn1c�I55X ?7"- 2585 FT' CP OFr lc�" ✓I FFItfKLCP ,x t oxreu�ie. legir L71V;(E 2' FT'- O Page 49B EXHIBIT "B' SPECIAL REOUiREMENTS PURCHASE OF USED EQUIPMENT Contractor agrees to purchase the following equipment, at the prices listed. The equipment will be purchased and paid for in full to the City within the first 30 days of the Contract. MAKE MODEL YEAR PRICE SERIAL NO. RYAN AERIFIER 75 S 75 N/A RYAN AERIF LAWN 111 86 125 112321 TRU CUT MOWER REEL 90 40 797310 TAYLOUR DUNN ELECTRIC CART 82 300 71559 TAYLOUR DUNN ELECTRIC CART 82 300 71560 TOWNER PLOW DISC N/A N/A MASSEY FERGUSEN TRACTOR 75 3,000 9A205309 HOWARD PRICE MOWER TURF BLZ 88 2,500 G7-10108 TORO MOWER GM 345 90 3,115 90168 TRU CUT EDGER 90 40 E-17171 TRU CUT EDGER 90 40 2214317 TRU CUT EDGER 90 40 2203611 TRU CUT EDGER 86 40 E12921 TRU CUT EDGER 86 40 E11329 TRU CUT EDGER 86 40 N/A TRU CUT EDGER 87 40 87091803 TRU CUT EDGER 88 40 N/A LARSON SPREADER 82 100 3265 SPRINGTOOTH HARROW N/A N/A RYAN VERTICUTTER 85 300 98364 GIANT VAC SWEEPER 85 600 131851 SENSATION MOWER, ROTARY 87 50 60431-41386 SENSATION MOWER, ROTARY 79 80 N/A TORO SAND PRO 88 100 08870-80229 TURFCO TOP DRESSER 85 250 85420588799 CUSHMAN TRUCKSTER 84 600 ICUN12186EL000637 TORO MOWER PARKMASTER 80 4,615 33787-00036 NATIONAL VERTICUTTER 87 300 1793 NATIONAL 84" REEL MOWER 87 1,000 6428 KAWASAKI 1000 TRUCKSTER TURF 88 500 IKIAFG131V5500588 OLATHE SWEEPER TURF 87 800 41410173 CUSHMAN TRUCKSTER TURF 88 600 597810 ECHO CHAINSAW 84 50 0060968 ECHO CHAINSAW 84 50 N/A ECHO 330EVL CHAINSAW 86 50 68212 ECHO TRIMMER/HEDGER 88 50 11890 ECHO CHAINSAW 87 30 0061858 I ECHO PB400E BLOWERBACKPACK 84 50 N/A i ECHO PB400E BLOWERBACKPACK 85 50 68796 TOTAL: $20,000.00 Exhibit B: Spetial Requirements - Page 50 EXHIBIT "C" SCHEDULE OF COMPENSATION Annual compensation shall be$640,532.00 per year for the first three years and$678,964.00 per year for the last two years of this contract. The total annual compensation shall not exceed that amount stated in section 2.1 of this document, with the exception of the provision contained in Section 1.8. I III Exhibit C: Schedule of -Compensation Page 51 P s °9A I 0 a W.� . EXHIBIT "C" • SCHEDULE OF COMPENSATION INSTRUCTIONS FOR SUBMISSION OF BEST AND FINAL OFFER. 1. PRICING/COST DATA: THE PRIC;ING SCHEDULE CONTAINS PRICING INFORMATION AS FOLLOWS: PRICING SCHEDULE PRICING SCHEDULE PARKS INCLUDED LEVEL OF SERVICE: PARKWAYS LEVEL OF SERVICE DeMuth Park Mode 1 Police Department Mode 1 Sunrise Park Mode 1 Corporate Yard Mode I Palm Springs Stadium Mode 1 Corporate Yard North Lot Mode 1 Baristo Park Mode 1 North Riverside Drive Mode 2 Ruth Hardy Park Mode 1 South Riverside Drive Mode 2 Victoria Park Mode 1 Laverne Way Mode 2 Francis Stevens Park Mode 1 Indian Trail/Warm Sands Mode 2 Desert Highland Park Mode 1 Ramon Parkways Mode 2 Desert Highland Wind Break Mode 2 VIP Island Mode 2 North Indian Canyon Entry Sign Mode 1 Coco's/Downey Savings Mode 2 Canyon Sands Mode 2 PARKWAYS Saddlerock/Diplomat Mode 2 INCLUDED LEVEL OF SERVICE Indian Canyon Way Mode 2 Convention Center Mode 1 Golf Club Drive Mode 2 Conv. Ctr. North Parking Lot Mode 1 Gene Autry Bridge Mode 2 Central Business District Mode I Birdie Way/Cherry Mode 2 Andreas Plaza Mode 1 Sun Center Island Mode 2 Village Green Mode 1 Gran Via Valmonte Mode 2 Farmer's Market Mode 1 South Palm Canyon Islands Mode 2 Amado Park Mode 1 Tramway Islands Mode 2 Bullock's Parking Lot Mode I Vista Chino Islands Mode 2 Weilwood Murray Library Mode 1 Via Las Palmas Islands Mode 2 Liebling Trust Mode 1 Mountain View Place Islands Mode 2 Village Fest Site Mode 1 Prescott Islands Mode 2 North Entryway Sign Mode 1 Chino Islands Mode 2 Ramon Road Trailhead Mode 1 North Palm Canyon Drive Mode 2 Tahquitz Canyon Way Mode 1 South Palm Canyon Drive Mode 2 Civic/Juanita Drive Mode 1 North Parking Lot Mode 2 Old DMV Building Mode 1 South Parking Lot Mode 2 CCCC Bike Path Mode 1 Belardo Road Mode 2 City Hall & Co-Gen Mode 1 Monte Vista Hotel Mode 2 'TOTAL PARKS & PARKWAYS KNOWN SPECIAL EVENTS Years 1, 2, & 3 . . . . . . . . . . $ 45,136.00/M:O. Years 1. 2. # 3 Years 4 & 5 . . . . . . . . . . . . $ 47,844.16/M.O. Village Fest . . . . . . . . . . Lump Sum $ 4,400.00 Palm Springs Film Festival Lump Sum$ 2,000.00 PRICING FOR SPECIAL EVENTS Harvest Festival . . . . . . . Lump Sum$ 5,000.00 7,000 mnnhours for other Special Events Years 1, 2, &3 . . . . . . . . . . . $ 87,500.00/YR. Years 4 & 5 Years 4 &5 . . . . . . . . . . . . $ 93,750.00/YR. Village Fest . . . . . . . . . . Lump Sum $ 4,664.00 Palm Springs Film Festival Lump Sum$ 3,120.00 PRICING FOR XERISCAPE Harvest Festival . . . . . . . Lump Sum $ 5,300.00 Xeriscape-Tahquitz Canyon Way INCLUDEiD OTHER PROPOSAL ITEMS I.E., Office Rentals, Equipment, Purchase Offers, etc. . . . . . . See Exhibit A &B 'ALSO INCLUDED IS THE TRIMMING OF ALL TREES IN PARKS OVER A 24-MONTH PERIOD. ESTIMATED VALUE IS $50,000.00, NOT TO BE DEDUCTED FROM PRICING SCHEDULE. Payments will be made from acceptable invoices on a monthly basis. Special events,both known and unknown will be billed separately, by special event and submitted within 48 hours following the conclusion of the event. Exhibit C: Schedule of Compensation -Page 52 EXHIBIT 'D' SCHEDULE OF PERFORMANCE IV. FREQUENCY OF SERVICE The following section shall describe the different frequency of services (Modes)for each service described within the Scope of Work section. These different levels of service are a required part of each proposal. The modes are defined as follows: MODE 1 - Former level of services provided by City MODE 2 - Current level of services being provided by City NOTE: Mode i Frequency of Service is the only acceptable level for Convention Center, Central Business District,Andreas Plaza, Village Green, Farmer's Market, Amado Park, Bullocks Parking Lot, Welwood Murray Library, Liebling Trust, Village Fest Site, North Entryway Sign, Ramon Road Trrilhead, Desert Highland Wind Break and Angel Stadium. Exhibit D: Schedule of Performance -Page 53 j 0 i February 24, 1995 Landscape West Atten: Barry Konier 1705 Claudina Way Anaheim, CA 92805 Dear Mr. Konier: Attached please find a replacement page for Exhibit D, Schedule of Performance, Page 61. This page should be placed in your originally executed contract between Landscape West and the City of Palm Springs. Should you have any questions, please let me know. Sincerely, PATRICIA A. SANDERS Assistant City Clerk cc: Public Works Parks, Recreation & Golf Course PARK MAINTENANCE • Sunrise Park Mode 1 TASK FREQUENCY Clean and service restrooms Daily Litter pickup Clean playgrounds, sand maintenance Clean picnic tables and bar-b-ques " Clean drinking fountains Blow off, wash courts Weekly Clean parking lots Nuisance pest control " Cultivate beds Monthly Weed removal " Trim shrubbery Quarterly Plant, replant annuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 Plantings per year for all parks) Stake trees As needed Prune trees Quarterly Spray insecticides Weekly Herbicides Quarterly Rake, leaf control Weekly Facility inspection Weekly Prepare Athletic Fields Daily Turf maintenance Weekly Power mowing Weekly Power edging Bi-weekly Weedeater Blow off walks and curbs Weekly Turf aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair Repair system controls Repair/replace sprinkler heads " Repair line breaks Irrigation pump maintenance/repairs Daily Mechanics Maintenance Quarterly Graffiti removal Daily 0 Exhibit D: Schedule of Performance - Page 55 MODE 1 - PA RKS ARKS PARK MAINTENANCE • Palm Springs Stadium Mode 1 TASK FREQUENCY Clean locker rooms Monthly Clean/wash grandstand « Clean bleachers « Clean restrooms Weekly clean dugouts Prepare field As needed Edge baselines, infields Monthly Repair pitcher's mound Weekly Repair home plate « Repair warning track Monthly Repair infield dirt Weekly Imgation check/repay « Turf mowing 3 times/wk. Turf fertilizing Monthly Turf aerofying Annually Herbicide turf Special Events Bleacher moving As needed Showmobile set-up « w.si_, I c;t1•._ n_ Exhibit D: Schedule of Performance - Page 56 MODE 1 - PARKS • PARK MAINTENANCE Baristo Park Mode 1 TASK FREQUENCY Litter pickup Daily Clean playgrounds, sand maintenance Clean picnic tables and bar-b-ques " Clean drinking fountains Blow off, wash courts Weekly Nuisance pest control Cultivate beds Monthly Weed removal Trim shrubbery Quarterly Plant, replant annuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 Plantings per year for all parks) Stake trees As needed Prune trees Quarterly Spray insecticides Weekly Herbicides Quarterly Rake, leaf control Weekly Facility inspection Weekly Turf Maintenance Weekly Power mowing Weekly Power edging Bi-weekly Weedeater " Blow off walks and curbs Weekly Turf aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair Repair system controls Repair/replace sprinkler heads Repair line breaks Mechanics Maintenance Quarterly Graffiti removal Daily Exhibit D: Schedule of Performance -Page 57 MODE 1 - PARKS PARK MAINTENANCE • Ruth Hardy Park Mode 1 TASK FREQUENCY Clean and service restrooms Daily Litter pickup " Clean playgrounds, sand maintenance Clean picnic tables and bar-b-ques " Clean drinking fountains Blow off, wash courts Weekly Clean parking lots Nuisance pest control Cultivate beds Monthly Weed removal Trim shrubbery Quarterly Plant, replant annuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 plantings per year for all parks) Stake trees As needed Prune trees Quarterly Spray insecticides Weekly Herbicides Quarterly Rake, leaf control Weekly Facility Inspection Weekly Turf maintenance Weekly Power mowing Weekly Power edging Bi-weekly Weedeater " Blow off walks and curbs Weekly Turf Aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair " Repair system controls " Repair/replace sprinkler heads " Repair line breaks Mechanics Maintenance Quarterly Graffiti removal Daily Exhibit D: Schedule: of Performance - Page 58 MODE 1 - PARKS PARK MAINTENANCE • Victoria Park Mode 1 TASK FREQUENCY Clean and service restrooms Daily Litter pickup Clean playgrounds, sand maintenance " Clean picnic tables and bar-b-ques Clean drinking fountains Blow off, wash courts Weekly Clean parking lots Nuisance pest control Cultivate beds Monthly Weed removal Trim shrubbery Quarterly Plant, replant annuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 plantings per year for all parks) Stake trees As Needed Prune trees Quarterly Spray insecticides Weekly Herbicides Quarterly Rake, leaf control Weekly Facility Inspection Weekly Turf maintenance Weekly Power mowing Weekly Power edging Bi-weekly Weedeater Blow off walks and curbs Weekly Turf Aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair Repair system controls Repair/replace sprinkler heads Repair line breaks Mechanics Maintenance Quarterly Graffiti removal Daily Exhibit D: Schedule of Performance - Page 59 MODE 1 - PARKS PARK 74AINTENANCE Francis Stevens Park Mode 1 TASK FREQUENCY Litter pickup Daily Clean picnic tables and bar-b-ques Clean drinking fountains " Blow off, wash courts Weekly Clean parking lots " Nuisance pest control Cultivate beds Monthly Weed removal Trim shrubbery Quarterly Plant, replant annuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 plantings per year for all parks) Stake trees As needed Prune trees Quarterly Spray insecticides Weekly Herbicides Quarterly Rake, leaf control Weekly Facility Inspection Weekly Turf maintenance Weekly Power mowing Weekly Power edging Bi-weekly Weedeater ^ Blow off walks and curbs Weekly Turf Aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair ^ Repair system controls Repair/replace sprinkler heads " Repair line breaks " Mechanics Maintenance Quarterly Graffiti removal Daily ` 4 -,5_5, Exhibit D: Schedule of Performance - Page 60 MODE 1 - PARKS February 15, 1995 Landscape West Atten: Barry Konier 1705 S Claudina Way Anaheim, CA 92805 Dear Mr. Konier: Thank you for calling to our attention the error on Exhibit D, Schedule of Performance, page 61. I have enclosed four sets for your initials, indicating the change from annual mowing of turf maintenance of Desert Highland Park to weekly. Please initial all four, and return them to our office. After obtaining the necessary sign-off by the City Manager, we will return a copy to you to be placed in your contract with the City. Thanks again for your cooperation. Sincerely, PATRICIA A. SANDERS Assistant City Clerk PARK MAINTENANCE DeMuth Park Mode 1 TASK FREQUENCY Clean and service restrooms Daily Litter pickup Clean playgrounds, sand maintenance ^ Clean picnic tables and bar-b-ques ^ Clean drinking fountains Blow off, wash courts Weekly Clean parking lots ^ Nuisance pest control ^ Cultivate beds Monthly Weed removal ^ Trim shrubbery Quarterly Plant, replant annuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 plantings per year for all parks) Stake trees As needed Prune trees Quarterly Spray insecticides Weekly Herbicides Quarterly Rake, leaf control Weekly Facility Inspection Weekly Prepare Athletic Fields Daily Turf maintenance Weekly Power mowing Weekly Power edging Bi-weekly Weedeater ^ Blow off walks and curbs Weekly Turf Aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair Repair system controls ^ Repair/replace sprinkler heads ^ Repair line breaks Irrigation pump maintenance/repairs Daily Mechanics Maintenance Quarterly Graffiti removal Daily Exhibit D: Schedule of Performance - Page 54 MODE 1 -PARKS PARK MAINTENANCE Desert Highland Park TASK Mode 1 Litter pickup FREQUENCY Clean playgrounds, sand maintenance Daily Clean picnic tables and bar-b-ques Clean drinking fountains " Blow off, wash courts Weekly Clean parking lots " Nuisance pest control " Cultivate beds Weed removal Monthly Trim shrubbery Quarterly Plant, replant annuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 plantings per year for all parks) Stake trees needed Prune trees As Spray insecticides Quarterly Herbicides Weekly Quarterly Rake, leaf control Weekly Facility Inspection Weekly Athletic Fields Daily Turf maintenance ly Weekly CM Power mowing l eky Wek Power edging Weekly B.K. Weedeater Blow off walks and curbs Weekly Turf Aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair " Repair system controls Repair/replace sprinkler heads Repair line breaks " Mechanics Maintenance Quarterly Graffiti removal Daily Exhibit D: Schedule of Performance - Page 61 MODE 1 - PARKS PARK MAINTENANCE Desert Highland Park Mode 1 TASK FREQUENCY Litter pickup Daily Clean playgrounds, sand maintenance , Clean picnic tables and bar-b-ques , Clean drinking fountains Blow off, wash courts Weekly Clean parking lots Nuisance pest control , Cultivate beds Monthly Weed removal Trim shrubbery Quarterly Plant, replant aunuals Bi-annual Plant trees (24" box), shrubs (5 gal.) As needed (Frequency: 25-50 plantings per year for all parks) Stake trees As needed Prune trees Quarterly Spray insecticides Weekly Herbicides Quarterly Rake, leaf control Weekly Facility Inspection Weekly Prepare Athletic Fields Daily Turf maintenance —Anft cBy- Weekly CM Power mowing Weekly Power edging Bi-weekly Weedeater Blow off walk, and curbs Weekly Turf Aeration Annually Fertilize turf Quarterly Herbicide turf Annually Herbicide cracks in walks Quarterly Irrigation Maintenance Weekly Valve repair Repair system controls Repair/replace sprinkler heads Repair line breaks Mechanics Maintenance Quarterly Graffiti removal Daily Exhibit D: Schedule of Performance - Page 61 MODE 1 - PARKS PARK MAINTENANCE 0 Desert Highland Wind Break Mode 2 TASK FREQUENCY Litter pickup Monthly Irrigation maintenance/repairs Quarterly Water manual PARK MAINTENANCE Entry Way Sign Mode 1 TASK FREQUENCY Litter pickup Cultivate beds Daily Monthly Weed removal Trim Shrubbery Quarterly Plant/replant annuals Annually Prune trees Quarterly Herbicides Monthly Rake, leaf control Weekly Blow off walks and curbs Irrigation maintenance Valve repair Weekly Repair system controls Repair/replace sprinkler heads Repair line breaks Mechanics Maintenance Quarterly Graffiti removal Weekly Exhibit D: Schedule of Performance - Page 62 MODE 1 -PARKS CONVENTION CENTER TASK LIST/SC MODE- 1 i '.CY �4�> i' fs t.'.� t N c. .•}el i .:e'^si .+t"`i�i�'uf )e.' � .)'..v fC(s '} i\iC ,4i�.4x3'.x�,.�':....�.,° a�\:� �. .i :.:..f.. :.:,. . ,t.,�.. ?A'�...^;„�; m.Nw.} �.> �' .i.,,. •;::.�4kr• .l E�`t....w:e. LOCATION e' WORK DESCRIPTION FREQUENCY INSPECI7 PICK UP L1111:R I RCMOVD DEBRIS x; DAILY SIWCCK CIILCK/RPR.IRRI3AI7ONSY5lThIS WEEKLY J h10\VIURP, ULOW OFF f:DOL•'i WEEKLY C•OGC•IURF WEEKLY SI IRUII I I ICDGCT RM(f FORT B_JZA1ION QUARTERLY APPLY POST A P RC-L'hIL'RGCNI'I IERIIICIDCS Ic QUARTERLY f CULTIVATION/WEED REMOVAL III-WEEKLY IURP FERIILILIIION DI-MONTI ILY 77lEC TRIM ANNUALLY ANNUAL FLOWER PL M11NO I RCPLACEMEKr DI-ANNUALLY A AS RCQ'D : APPLY PUNGICIDf310 ANNUALS QUARTERLY RCPLACL'51IRUILS/'17IC0, STAKINO AS REQUIRED RAKE OUTDO.AREAS MONITILY A AS RE"D AERAIL•IURF DI-ANNUALLY E' BLOW OPF IIARDSCAPC WEEKLY/AS RD•QD $ TURF RENOVA-17014 0VrR5E1:0 >+ ANNUALLY IjIr(j�s��lgxtNel's INsrecr/PICK UrLrnr:RrnralQVEncuR15 DnlLr(s/WEEK CI(ECK I RPIL IRRIGATION SYSIThIS WEEKLY h - £ APPLY POSTA PRE-EMERGCNI•I ICRD(CID CS QUARTERLY { CUMIVA770N/WEED REMOVAL DI-WEEKLY `E y SfIRUDTRIhi QUARTERLY 77iC11771IM ANNUALLY $: REPLACE SI IRUIIS/TRCPS, STAKING ' ASRL•QUIREO ., AAKC•OUTO.Q.AREAS MONTI ILY A AS RED :s z r, c Y' 2 k y: iA (CONVCI.Rl.IVQI) 1 A aJ'k.: Exhibit D: Schedule of Performance -Page 63 MODE 1 -P ARKWAYS i j PARKWAYS TASK LIST/SCHEDULE MODE LOCATION WORKDESCRII''I'fON FREQUENCY ;<:GEN[liXLIJUSIlVC537)LSTR� EMPTY TRASII RECEPTACLES.REPLACE PLASTIC LINERS 7DAYS/WEEK iti�lREAS •,..`s'.:'.:: INSPECT/REMOVE:i1DF•lVwLK 47AEE WELL IlI'IFR 7DAY31 WEEK +.RQ:i9'S'.s�SAfiwU4i'3.1e•.a:i:E:':` ' (�HL1Fjl7&'Is••L.^.'E;."u:'.?'-� CLEAN 7RA5}I RECP7CAC11LD5 WEEKLYIASRE09 XAILt� �tA@li�l'1'Ot.4:%"; CLEAN GVI"fERt PGP-0UIS 70AYSIWEEK ' :A.7'ADQAKFV`�'.•........... :'>a'Lf. 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SPECIAL EVENTPREPARATION/DUTY AS REQUIRED TURF RENOVATION/OVERSEED ANNUALLY R ya Pcrnnmw0l 4 r Exhibit D: Schedule of Performance - Page 64 MODE 1 -PARKWAYS '''" D PARKWAYS TASK LIST/SCHEDULE MODE M at \ r p a .? .... t k� ..a ° T: '�;. >r\�t��.:,.�t-.,.,.>..aF-✓.i ;,, fa,n, .......� #el)'.;t �^i- .. ..ax, 1' r:., t.3 ... ��>�,.eF.✓ ... .c'.. i.<...<..,, LOCATION WORK DESCRIPTION r FREQUENCY DAILY DAYSIWEEK :,t�•TSfi'1$.Y.l4h.Y 9IUN-:`:'"`. ? INSPELTlP1CKUP CIIIER'./R[MOVEDC•UnIS a q WEEKLY MONlURP Eucclllnr TtVICE PER AIONTIi CHECK/RrR.In it SYSTL•MS L WEEKLY x FERlIU7X-TURF,ANNUALS MONTHLY NLl7VAllON/WL•EU REMOVAL UI-WEEKLY APPLY rRG/POST EMERGENT I IERmaors > QUARTERLY ANNUALPLANIIN0 s 7lVICE PLR YEAR SIGN REPAINI7NG ANNUALLY SI IRUU PRUNE QUARTERLY RAKESAND WEEKLY s iil�A$i@JE�:ROdD"3dL11�'ilal?.' :'; E7`IPIY l7EAS1I IlECCPI'ACLES.REPCACL•IJNERS,Rf1,fOVG'1 WEEKLY .<••.•LR<!>:<.w{<<F<:;.�E3Es'=i' MONTHLY ial:S11Y1?life il ."e1N1):54;.I[IY] i; IItRIGATEWINDUR[AK (�U'RIL•OCTOUER7 3i f i. P s F r! T; `c s k' 6 Y„ Y 1` L•NI7tYSN.WQ1 Exhibit D: Schedule of Performance -Page 65 MODE I -PARKWAYS _ ID,il V 'la) PARKWAYS TASK LIST/SCHEDULE: MODE I �77-7 7.7.77 77 E�. LOCATION WORK DESCRIPTION FREQUENCY INSPECT!PICK UP LrITER i REMOVE DEBRIS DAILY(SfWEEK) ClIrCKfRPRIADJUST IRRIGATION SYSTFIAS WEEKLY r. 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DI-ANNUALLY TRIM I I E kDG E ANNUALLY iNsPrcupicK up r.nTE=EMovr DEBRIS WEEKLY X, MOW WEEDS/RAKE OUT SAND QUARTERLY uF-rTRrES1RFMIOVE SUCKERS ANNUALLY/AS REQrD MANUAL IRRIGATION DI-WEEKLY C1 IECK/RI'R.IRRICATION S YSTrM BI-WEEKLY DI-ANNUALLY ANNUALLY iirDOrTium OLIVE SPRAY ANNUALLY WEED REMOVAL MONniLy INSPECIVICK UP LITTER/REMOVE DEBRIS WEEKLY BLOW OFF BIKEPATI LREMOVE SAND WEEKLY/AS REQ'D. ur:DGETRIM QUARTERLY LIM13111IMMINO QUARTERLY/AS RrQ'D. DRINKING rourrmNIBENCIT AREA MAINTENANCE WEELKY- hd TAQPKWI.WQI Exhibit D: Schedule of Performance - Page 66 MODE 1 -PARKWAYS PARKWAYSTASK LIS171SCIIEDULE MoDr I "At LOCATION WORK DESCRIMON FREQUENCY CNIrTY TRASH RECCPTACLESICLCAN UCSIA511 TRAYS TWICE WeEKLY It INSI`UCrf PICK UP LtrMR I REMOVC DEBRIS DAILY(SfWI!EK) 1�1 C7 ICCK I Brit.IRRKIATION SYSTEMS WEEKLY Isl MOWTURT WBEXLY EDOBTURF F W."EKLY BLOW OFF SIDIEWALM PARKING LOTS TWICE WEEKLY S11RUIIIIIEDGETUIM T QUARTERLY PnRnuznTijnF 5 OUAnTrRLY CULTIVATION/WEED REMOVAL yDIAVUE)CLY WAIER1 MAINTAIN INDOOR PLANTS 8 WCUXLY WASI I DOWN END.PASSAGEWAY BI-WEEKLY TIIECIRIM ANNUALLYIASAEO'D OuvaspitAy ANNUALLY ArrLY PR./posrcmgmcaNmrRBtCIDCS QUARTERLY I'LANTANNUALS TWICZANNUALLY r(SIXTILIZE I FUNGICIDE ANN UA 1.5 QUARTERLY SMIAM CLEAN I IAR DSCAP 9 ANNUALLYWRro'D TU RP RENOVATION I OVER5CED ANNUALLY REPLACE DAMAG CD ANNUALS AS ROOD UIVYYTRASI I AECEI'rACLCS1 CLEAN LIDSI AS]I TRAYS a 'TWICISWEEKLY INSPITCTIPICKUr LITTER/RcAlova DEBRIS DAILY(SAVECK) CIICCX IRVIL IRRIGATION SYSTEMS WrCrLY MOWTURP WEEKLY eDGeTURP y 01-WEEKLY ULOWONISIOCIVALKS PARXJNG LOTS F TWICZWEaKLY smunmeoGaTRom QUARTERLY FI!RT%=TUfU, QUARTERLY cuLTIvAnowwcau ahwovAL Of-WrIIRLY WAN ITRIM ATRIUMS(Z) III-WEEKLY TRCETIUM ANNUALLYWREOD OIJVHSrRAY ANNUALLY APPLY PmtrogrEmengswi mamaom QUARTERLY PLANrAHNUALS TWICEANNUALLY FrRTILIZZIFUNGICIDEANNUALS s QUARTERLY ANNUALLYWREOV TURF RENOVATION I OVIIRSCED t ANNUALLY RUPLACEDAMAGaD ANNUALS AS REOD fi _P111 cIjrDMNr.WQz Exhibit D: Schedule oif Performance - Page 67 MODE 1 - PARKWAYS kJ PARKWAYS TASK LIST/SCHEDULE MODE LOCATION WORK:DESCRIPTION FREQUENCY INSPCCrI PICK UP LIITiRl RCAIOV➢DEllRLS DAILY S/lVL•LK D. C•MPIY TRASI I IICCEPTACLCS IVD•EKLY S: MOWTURF WCCKLY EDGETURP k DI-WCL-KLY f BLOW OFF 11ARDSCAPHI CURDS/GUITERS WCCKLY `i APPLY PRE./POST CMCROENT I ICR➢ICIDES QUARTC-RLY a 57IRUn TTUM ? QUARTGRLY FER771.1ZCTURF QUARTZ-RLY f PLANrANNUALS TWICEANNUALLY FEIITILIZEI FUNGICIDE ANNUALS OUARTCRLY CULL"IVAIION/WELD REMOVAL ➢-WEC•KLY TTCETRIM DI-ANNUALLY/AS REQ'D ;s RAKE OUT SAND/D.C. DI-WEEKLY I IL'DGCROW 11Uhf ANNUALLY CI ICCK I RPRJ ADJUST 111RICAl"ION SYSIL-MS WEEKLY TURF RCNOVAIION 10VMS= ANNUALLY :: Up2T.'OI41"L'If%S?D:I•�"F:VM GENCRALCLL•ANUP ANNUALLY IRMATION CIMCK/RPM 131-WEEKLY I ICDGCROW T RISt ANNUALLY 91 a 5 N y�y S; x 3 (CORPY17.1VQ2) Exhibit D: Schedule of Performance . Page 68 MODE 1 -P ARKWAY_u ?„ ,: PARKWAYS TASK LIST/SCHEDULE: MODE 2 . ....... LOCATION WORK DESCRIPTION FREQUENCY wsi,ccr/PICK UP LITTER I REMOVE DEBRIS DAILY(S(WCEK) C1 1EMRPRIADJugr IRRIGATION SYSTEMS WEEKLY ii MOWTURr WEEKLY EDGE:TURF 131-WEEKLY SLICETURF ANNUALLY APPLY PRE./POST EMERGENT I 1URBICIDES QUARTERLY STIRUDIM zDGCTRIM QUARTERLY FER71LIZrTURr NIA m%KTANNUALS NIA FER7lLIM,rUNCICIDC ANNUALS NIA C TIVA-11ONAVEr DI-WEEKLY UL -D REMOVAL 7REETIUM 01-ANNUALLYIAS REO'D OLIVrSPRAY ANNUALLY TURD REMOVATION/OVERSrED NA INSPrC17PICK UP LrFrCRIRFMOVE DEBRIS WEEKLY MOW WCEDSIRAKC OLnLSAND TWICE ANNUALLY L1FrTncEsiRrdmovE SUCKERS r. ANNUALLY/AS REO'D MANUAL IRRIGATION MONT11LY C1 MCKIRM IRRIGATION SYSTEM MONTHLY 01-ANNUALLY IIEDGrTRIM ANNUALLY INSPEC77PICK UP LITTE-RiREMOVE DEBRIS WEEKLY MOW WEEDS/RAKE OUT SAND TWICE ANNUALLY LJF-rTRCESjRrMOVE SUCKERS ANNUALMAS REQ'D V MANUAL MRIGATTON MONn ILY C1 IECKIRPR.IRRIGATION SYSTEM MOtMILY i BI-ANNUALLY ANNUALLY immn-mim OLIVCSPRAY ANNUALLY WEED REMOVAL MONTHLY INSPECT[PICK UP LITTERIRUMOVE DrIMIS WEEKLY nLow OFF BIK EPATIVUEMOVE SAND 131.WEEKLYIAS REO'D. . .. .. ....... g HEDGETRIM QUARTERLY TRCrA.OW LIMB TRIMMING V. QUARTERLWAS RCO DRINKING FOUNTAINMENCH AREA MAINTENANCE WEELKY TAQPKWLWQ1 Exhibit D: Schedule of Performance - Page 69 MODE 2 -PARKWAYS PARKWAYS TASK LIST/SCIIEDULE MODE2 .................. 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Exhibit D: Schedule of Performance -Page 75 MODE 2 -P a ' AI:IN�D® CERTIFICATEW INSURANCE � S$DE DATE(MM/ � n07/06/9/94 PRODUCER - -- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND LANDSCAPE CONTRACTORS'`--`' �` CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE NSURANCE SERVICES; 'I�C: DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 00 BULLARD ) POLICIES BELOW. LOVIS, CA. r_'; r,","- �' COMPANIES AFFORDING COVERAGE 3612 09-297-9484 LEVIER NY A STAR INSURANCE COMPANY 8 g COMPANY INSURED LETTER B NORTHBROOK INSURANCE COMPANY COMPANY Landscape West, Inc. LETTER C °.n, 1705 S. Claudina Way COMPANY Anaheim, CA 92805 LETTER LETTER COMPANY LETTER E COVERAGES THIS IS TO CERTTFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TIDICP.T FD,D:O'.^.VI'TEIS'I::NDING ANY LU ff IIREMENT,TEEM OR CONDiI ION OF ANY CONTRACT Oft OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLCISIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co. POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER pg7E (RAM/DD/YV) DOTE (RAM/DD/VY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ , COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGG. s2 000, CLAIMS MADE OCCUR. PERSONAL 6 ACV,INJURY $ , OWNER'S B CONTRACTORS PROT, CP04931763 07/01/94 07/01/95 EACH OCCURRENCE $1000, XCU-COVERAGE FIRE DAMAGE(Any one fire) § , MED.EXPENSE(Any one person) IS , AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $1000, 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AHTDS (Per person) $ HIRED AUTOS CA0685723 07/01/94 07/01/95 BODILY INJURY $ NON-OWNED AUTOS (Per.uldenU GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM RAIPgER-S COMPENIMBON- _ _ - - - - - - - - - - _ STATUTORY LIMITS_ AND EACH ACCIDENT § EMPLOYEflS'LMBILI7Y DISEASE-POLICY LIMIT S DISEASE-EACH EMPLOYEE S ' OTHER DESCRIPTION OF GPERATIBNSAOGATWNSNEHICLESISPECIAL ITEMS E: PARKS MAINTENANCE SERVICE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DIiSCRITIED POLICIES BE CANCELLED BEFORE THE CITY OF PALM SPRINGS EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILI)u20 '�XiXJ= I URCH. & MATERIALS MGT. DIV. MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX 2743 L13 T, PALM SPRINGS, CA 92263-2743 F1'r AUTHOR"'D REP ESENTATIV�/ Jerry Edson ` ACORD 25-S(7/90) �'• 1 , AGGRO CORPORATION 1990 CERTIFICATE,IS ISSUED OF INFORMATION ONLY AND Ilp./L AI L CERTIFIGATENUMBER l7fSAN C 078794-01 PRODUCER THIS CERTIFICATECONFERS 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, IL 60661 COMPANIES AFFORDING COVERAGE Attn:Fax:877-732-7799 COMPANY 00 -tree 1-20005-03/06 6236 A ZURICH AMERICAN INSURANCE CO INSURED COMPANY 2 Landscape West B AMERICAN-ZURICH INSURANCE COMPANY A TruGreen LandCare Company 950 N.Tustin Avenue COMPANY / CL;-,` Anaheim, CA 92807 C ILLINOIS NATIONAL INSURANCE COMPANY- = — COMPANY COVERAGES. -_ ,This certl supersedes;a_nd,replaces any previously lssued,certf _ b - noted, fica'te` ficate forthe'�policy period below 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 CONTRACTOR 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(MM/DONY) DATE(MM/DDNY) • GENERAL LIABILITY GLO 2938528-05 01/01/03 01/01/06 GENERAL AGGREGATE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ 1,000,000 CLAIMS MADE El OCCUR PERSONAL B ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE Any one fire) $ 1,000000 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 $ SCHEDULEDAUTOS (Per person) HIREDAUTOS BODILY INJURY $ ( NON-OWNED AUTOS Per accident) MEA AGE $ GARAGE LIABILITY ONLY ACCIDENT ANY AUTO TO ONLY:ACCIDENT $ GGREGATE $ EXCESS LIABILITY BE 309-79-07 04/01/01 04/01/04 NCE $ 5,000,000 UMBRELLA FORM $ 5,000,000 OTHER THAN UMBRELLA FORM $ 4 WORKERS COMP EN NATION AND WC 2938525-05(AIDS) 01/01/03 01/01/06 X TWC ORY LIMITS ER EMPLAYERS'LIABILITY 3 WC 2938526-05(IL) 01/01/03 01/01/06 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ X WCL WC 2938527-05(WI) 01/01/03 01/01/06 EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-FACH EMPLOYEE $ 1,000,000 HER ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS :ertifcate holder is an additional Insured excluding workers'Compensation and employers'liability as required by written contract but limited to the operations If the named Insured under said contract,and always subject to the policy terms,conditions and exclusions. :ERTIFICATE HOLDER_ CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATON DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL E14�MAIL In DAYS WRITTEN NOTICE TO THE CITY OF PALM SPRINGS CERTIFICATE HOLDER NAMED HEREIN, OFFICER OF CITY CLERK Attn. Patricia Sanders E 3200 TAHQUITZ CANYON WAY P 0. BOX 2743 MARSH USA INC. PALM SPRINGS,CA 92262 BY: Christy N.Phoebus MM1(3102) - VALID AS OF: 11/10/02