HomeMy WebLinkAboutC39850 Landscape Maintenance Area (LMA) 1 - 901-21Contract No.C39850
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: May 14, 2020
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Award Contract No. C39850 for Landscape Maintenance Area (LMA)
No. 1 to Urban Habitat of Palm Desert, California in an annual amount
of $211,586.40, and authoriZe repair work and services for an annual
amount of $45,000 (Project No. 901-21)
Recommendation
By Minute Motion:
1) Award Contract No. C39850 for Landscape Maintenance Area No. 1
to Urban Habitat of Palm Desert, California, for a period of thirty-six
(36) months in the annua! amount of �211,586.40; and
2) Authorize extra work and services for an annual amount of $45,000;
and
3) Authorize the City Manager to execute said contract.
Funds are available in Account No. 1 1 0461 4-4337001, R/M Medians.
Strateqic Plan
Landscape Maintenance Area No. 1 is an on-gong maintenance activity and, as such,
does not contribute directfy to the objectives of the Strategic Plan.
Backqround Analysis
Landscape Maintenance Area (LMA) No. 1 includes all of the street and highway medians
and parkways within the City of Palm Desert with the exception of the medians on Et
Paseo. Historically; this contract has been awarded based on low bid criteria. However,
with this selection process, staff found contractors would provide artificially low bids in
order to secure the contract and then fail to perform the work up to City standards.
To address this issue, staff modified the selection process in concurrence with the City
Attorney, to select contractors based on qualifications as well as cost. This allows the
City to include experience, equipment availability and condition, as well as qualified labor
Contract No. C39850
May 14, 2020 — Staff Report
Award Contract to Urban Habitat for LMA 1(Project No. 901-21)
Page 2 of 3
assigned to this project in determining the best-qualified firm. Staff has utilized this
process successfully with other landscape maintenance services in the City and the level
of service and quality of maintenance has improved substantially.
In order to increase efficiency, staff has combined three similar LMAs into one area and
r�located the Haystack Drainage Area and the Smoketree Natural Area to a new,
reorganized LMA comprised of the city parks, with the exception of Civic Center and
Magnesia Falls parks. This approach will allow for a more cohesive contract and simplify
the management process since it reduces the number of on-going contracts that staff
oversees and it helps in the standardization of the maintenance of the City's landscape.
A Notice Inviting Proposals for Landscape Maintenance Area No. 1 was advertised, and
on April 14, 2020, staff received four proposals. A selection committee that included
representatives from Community Development, the City Manager's Office, and the Public
Works Department reviewed the proposals and ranked them as follows:
` CONTRACTOR �OCATION ! RANKING � SCORE �.
C Urban Habitat � Palm Desert, CA 1 91 % i
� Conserve LandCare, Inc. � Thousand Palms, CA _ �__ 2 � 87% _
Manposa Landsca�e ' Irwindale, CA_ 3 i 83%___ �
� � -- --- -
_ -----. - -- -
� Kirkpatrick Landsca�e Indio. CA 4 � 82% _
Based on the review, staff recommends awarding to Urban Habitat Landscape
Contractors for a period of three years with an option of two, one-year extensions.
The request to authorize funds for extra work and additional services is to cover the
unquantifiable activities that may arise and are necessary for landscape maintenance
services. These are not part of the landscape maintenance contract, and includes items
such as the repair and replacement of irrigation and landscape lighting equipment,
emergency tree work, replacement of trees and shrubs, pest control, accident or
vandalism repair, replacement of damaged signs and other items, water conservation
related work, and performing enhancement work as needed. When extra is required, the
contractor who maintains the area is generally the least expensive and the quickest to
respond since their staff is already on site. Utilizing the same contractor for the
maintenance and extra work ensures continuity and reduces the likelihood of potential
conflicts.
Contract No. C39850
May 14, 2020 — Staff Report
Award Contract to Urban Habitat for LMA 1(Project No. 901-21)
Page 3 of 3
Fiscal Analvsis
This contract is included within the proposed Fiscal Year 2020-2021 operating budget.
The contract consolidates Landscape Maintenance Areas 1, 2 and 4 into one contract,
which resulted in an annual cost reduction of $158,523. A portion of this reduction is due
to the transfer of the Haystack Retention and Smoketree Natural Areas to another
contract. The increase in the other contract is $6,768, which results in a total annual
reduction of approximately $151,755. Therefore, there is no fiscal impact beyond the
contract amount.
LEGAL REVIEW
RWH
DEPT. REVIEW
FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
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Robert W. Hargreaves Tom Garcia, P. E.
City Attorney Director of Public Works Janet M. Moore
Director of Finance
City Manager, Lauri Aylaian: �,a,u�r,l. Q�,a,i.ax�
CONTRACTOR
Urban Habitat
36953 Cook Street, Ste. 101
Palm Desert, CA 92211
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Andy Firestine
Assistant City Manager
ATTACHMENTS: Agreement (Payment & Performance Bonds)
Contractor's Proposal
Vicinity Map
AGREEMENT AND BONDS
Contract No. C39850
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
CONTRACT NO. C39850
1. PARTIES AND DATE.
This Agreement is made and entered into this 14th day of May, 2020, by and between the
City of Palm Desert, a municipal corporation organized under the laws of the State of California with
its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578,
County of Riverside, State of California (“City”) and Urban Habitat, a corporation with its principal
place of business at 36953 Cook Street, Suite 101, Palm Desert, California 92211 (“Contractor”).
City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in
this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients, that
it and its subcontractors have all necessary licenses and permits to perform the services in the State
of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the LANDSCAPE
MAINTENANCE AREA NO. 01, CONTRACT NO. C39850, Project No. 901-21 project (“Project”)
as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the maintenance services necessary for the Project (“Services”). The
Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2020 to June 30,
2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its
sole discretion, to renew this Agreement automatically for no more than two (2) additional one-
year terms. Contractor shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this Agreement if necessary to complete the Services.
Contract No. C39850
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services
shall be performed by Contractor or under its supervision. Contractor will determine the means,
methods and details of performing the Services subject to the requirements of this Agreement. City
retains Contractor on an independent contractor basis and not as an employee. Any personnel
performing the Services under this Agreement on behalf of Contractor shall not be employees of
City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall
pay all wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Agreement and as required by law. Contractor shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto
and incorporated herein by reference. Contractor represents that it has the professional and
technical personnel required to perform the Services in conformance with such conditions. Upon
request of City, Contractor shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Public
Works or his or her designee, to act as its representative for the performance of this Agreement
(“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for
all purposes under this Agreement except for increasing compensation. Contractor shall not accept
direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates, Brett Brennan
or his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full City of Palm Desert to
represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants and other staff at all
reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling necessary
to perform the Services. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term of
this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contract No. C39850
Contractor’s failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner acceptable to
the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed
to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which
may be provided separately in writing to the Contractor. Contractor agrees that if the Services are
not completed within the aforementioned Performance Time and/or pursuant to any such completion
schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood,
acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section
53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty,
the sum of Two Hundred and Fifty Dollars ($250.00) per day for each and every calendar day of
delay beyond the Performance Time or beyond any completion schedule or Project milestones
established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract, Contractor
shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes
the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep
itself fully informed of and in compliance with all local, state and federal laws, rules and regulations
in any manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all violations
of such laws and regulations in connection with the Services and this Agreement. All violations of
such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City
is a public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed
that all provisions of the law applicable to the public contracts of a municipality are a part of this
Agreement to the same extent as though set forth herein and will be complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subconsultants and sub-
subconsultants to comply with the same. Contractor certifies that it has not committed a violation of
any such law within the five (5) years immediately preceding the date of execution of this Agreement,
and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers’ Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that it
Contract No. C39850
is an equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air Resources
Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’
application to “portable equipment”, which definition is considered by CARB to include any item of
equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties
imposed by CARB or any other governmental or regulatory agency for violations of applicable laws,
rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is
responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal
laws, rules and regulations that may impact water quality compliance, including, without limitation,
all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules
and regulations of the Environmental Protection Agency and the State Water Resources Control
Board; the City’s ordinances regulating discharges of storm water; and any and all regulations,
policies, or permits issued pursuant to any such City of Palm Desert regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide
and maintain at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO “insured
contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired, non-owned
or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be
utilizing a vehicle in the performance of his/her duties under this Agreement.
Contract No. C39850
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy
with limits that will provide bodily injury, personal injury and property damage liability coverage at
least as broad as the primary coverages set forth above, including commercial general liability and
employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits
of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and
volunteers.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(B) Duration of Coverage. Contractor shall procure and maintain
for the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
Contract No. C39850
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is canceled
and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold
amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel
this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business of
insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the
City, its elected or appointed officers, agents, officials, employees and volunteers and shall require
similar written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide
that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds
under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision
Contract No. C39850
must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its
sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto
or involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of such
change. If such change results in cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation. If the City reduces the insurance requirements, the change shall go
into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions, where applicable,
shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically requested
by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to
Contract No. C39850
Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by
City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute
and provide to City concurrently with this Agreement a Payment Bond in the amount of the total,
not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the
City. If such bond is required, no payment will be made to Contractor until it has been received and
approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
affected bond within 10 days of receiving notice from City. In the event the surety or Contractor
intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be
given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days
prior to expiration of the original bonds. No further payments shall be deemed due or will be made
under this Agreement until any replacement bonds required by this Section are accepted by the City.
To the extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be increased
accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the
extent available, the bonds shall further provide that no change or alteration of the Agreement
(including, without limitation, an increase in the total compensation, as referred to above), extensions
of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release
the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement
for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must
be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory
to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements,
the insurer will be considered qualified if it is in conformance with Section 995.660 of the California
Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment, and
to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim
for allowances–time or money–will be allowed as to such matters after commencement of the
Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions and shall carefully compare such field measurements and conditions and other
Contract No. C39850
information known to Contractor with the Contract, including any plans, specifications, or scope of
work before commencing Services. Errors, inconsistencies or omissions discovered shall be
reported to the City immediately and prior to performing any Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes,
hazardous substance and hazardous materials as defined in California state or federal law at the
site which have not been rendered harmless, the Contractor shall immediately stop work at the
affected area and shall report the condition to the City in writing. The City shall contract for any
services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes
and hazardous materials, and shall not require the Contractor to subcontract for such services. The
Services in the affected area shall not thereafter be resumed except by written agreement of the
City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the elements,
or from any unforeseen difficulties which may arise or be encountered in the prosecution of the
Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for
purposes of this Section shall be deemed to include unauthorized work which has not been removed
and any non-conforming materials incorporated into the work) to be of good quality and free from
any defective or faulty material and workmanship. Contractor agrees that for a period of one year
(or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is
later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in
writing by the City of any defect in the Services or non-conformance of the Services to the
Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City
in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and
replace any portions of the work (or work of other contractors) damaged by its defective Services or
which becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an
additional one (1) year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the removal,
replacement, and reinstitution of equipment and materials necessary to gain access, shall be the
sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and
manufacturers with respect to any portion of the work, whether express or implied, are deemed to
be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties
and guarantees have been transferred or assigned to the City by separate agreement and
Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City.
In the event that Contractor fails to perform its obligations under this Section, or under any other
warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall
have the right to correct and replace any defective or non-conforming work and any work damaged
by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall
be obligated to fully reimburse the City for any expenses incurred hereunder upon demand..
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
Contract No. C39850
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C”
attached hereto and incorporated herein by reference. The total compensation shall not exceed
TWO HUNDRED ELEVEN THOUSAND FIVE HUNDRED EIGHTY-SIX AND 40/100 ($211,586.40)
annually without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provides a detailed description of the Services and hours rendered by Contractor. City shall,
within thirty (30) days of receiving such statement, review the statement and pay all non-disputed
and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from
the last date of provided Services or termination of this Agreement and failure by the Contractor to
submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not
constitute acceptance of any Services completed by Contractor. The making of final payment shall
not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress
payment an amount necessary to protect City from loss because of: (1) stop payment notices as
allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums
representing expenses, losses, or damages as determined by the City, incurred by the City for which
Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover
from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727
of the California Labor Code. The failure by the City to deduct any of these sums from a progress
payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem
wages for each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Contractor’s principal place of business
and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials,
officers, employees and agents free and harmless from any claim or liability arising out of any failure
or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Contractor and all subcontractors to comply with all California Labor Code provisions, which include
but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records
Contract No. C39850
directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work
performed on a public works project that is exempt pursuant to the small project exemption specified
in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or
more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the same
of any subcontractors, as applicable. This Project may also be subject to compliance monitoring
and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole
responsibility to comply with all applicable registration and labor compliance requirements. Any stop
orders issued by the Department of Industrial Relations against Contractor or any subcontractor that
affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Contractor caused delay and shall not be compensable by the City. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from any
claim or liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those Services which have been adequately rendered to City, and Contractor shall be
entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished information of any kind prepared by
Contractor in connection with the performance of Services under this Agreement. Contractor shall
be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
Urban Habitat
36953 Cook Street, Suite 101
Palm Desert, California 92211
Attn: Brett Brennan
Contract No. C39850
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized
volunteers free and harmless from any and all claims, demands, causes of action, suits, actions,
proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or
groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner
arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of
Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Services, the Project or this Agreement, including without limitation the
payment of all expert witness fees, attorneys’ fees and other related costs and expenses except
such Claims caused by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award
or decree that may be rendered against City or its officials, employees, agents and authorized
volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also
reimburse City for the cost of any settlement paid by City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness
fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers,
for any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration
or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received
by the Contractor, City, its officials, employees, agents and authorized volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
to any and all Agreement requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply
with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any
lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon
the Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been
followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite
contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred
from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Contract No. C39850
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates
or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days. All
references to Contractor include all personnel, employees, agents, and subcontractors of Contractor,
except as otherwise specified in this Agreement. All references to City include its elected officials,
officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the
Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to
pay any company or person, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or
obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary, appropriate
or convenient to attain the purposes of this Agreement.
Contract No. C39850
3.5.15 City of Palm Desert to Enter Agreement. Contractor has all requisite power and
City of Palm Desert to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right, and City
of Palm Desert to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]
Contract No. C39850
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND URBAN HABITAT
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on
the day and year first above written.
CITY OF PALM DESERT
By:
GINA NESTANDE
MAYOR
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
URBAN HABITAT
IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED.
By:
Its:
Printed
Name:
By:
Its:
Printed
Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
Contract No. C39850 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who 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 acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C39850
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who 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 acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C39850
EXHIBIT “A”
SCOPE OF SERVICES
PROPOSED SCOPE OF SERVICES
2.SCOPE OF WORK
The work to be done consists of furnishing all labor, materials, necessary tools and
machinery, supervision, and all utility and transportation services required to provide
landscape maintenance services for City of Palm Desert Landscape Maintenance in
accordance with the Contract Documents at the following locations:
2.1 LOCATIONS
1.Locations
1.HIGHWAY 111 MEDIANS AND PARKWAY
•Medians between Hospitality Row and Painters Path Drive
•North frontage road parkways between De Anza and Monterey Avenue
•South Frontage Road parkways from 330 feet east of Shadow Hills Road to Larkspur
Lane
•Planter area on South Frontage Road 50 feet east of San Pablo Avenue
•South Frontage Road parkways from Lupine Lane to Ocotillo Drive (Carl’s Jr.
restaurant)
•City of Palm Desert monument signs at both the east and west entry to the city on
Highway 111
2.PALM DESERT COMMUNITY CENTER – 45-480 Portola Avenue
3.PALM DESERT HISTORICAL FIRE STATION – 72-861 El Paseo
4.HIGHWAY 74 MEDIANS AND PARKWAY:
•East frontage road parkways from 400 feet south of El Paseo to Homestead Road
•Median between Highway 111 and El Paseo
5.CHARGER SCULPTURE Landscape Art planter on Highway 74 between El Paseo and
Highway 111
6.MESA VIEW FIRE STATION 73-200 Mesa View Drive, west of Portola Avenue
7.MONTEREY AVENUE MEDIANS AND PLANTERS:
•All Medians from Highway 111 to Dinah Shore Drive
•Parkway planter at west end terminus of Guadalupe Ave (south to driveway & north
to end of vacant lot)
•“Pork chop” planter on northeast corner of intersection at Country Club Drive
•“Pork chop” planter on northeast corner of intersection at Dinah Shore Drive
8.FRED WARING DRIVE MEDIANS AND PARKWAY:
•All medians from Washington Street to Highway 111
•North parkway planters between Warner Trail and Tennessee Avenue, including
planters and cobble areas west of Tennessee
•South parkway planters between Portola Avenue and Deep Canyon Road
• Monument entry sign planter at the northwest corner of Washington Street and Fred
Waring Drive
9. TOWN CENTER WAY medians between Highway 111 and Fred Waring Drive
10. COOK STREET MEDIANS Medians between Merle Drive to Gerald Ford Drive
11. HOVLEY LANE EAST MEDIANS:
• Between Portola Avenue and Beacon Hill
• From Water Way to 600’ east of Oasis Club Drive
• Kansas Street Retention Basin located at the southwest corner of Hovley Lane East
and Kansas Street
12. PORTOLA AVENUE MEDIANS AND PARKWAY:
• Median between Alessandro and El Cortez
• East side parkway planter between San Marino South and El Cortez
• Median between Chicory and Fairway Drive
• Medians between Desert Willow Court and Gerald Ford Drive
13. VIA CINTA Median north of Hovley Lane East
14. PHYLLIS JACKSON PARKWAY Approximately 320 lineal feet south of Fred Smith Way
15. EL DORADO DRIVE Medians from Country Club Drive to Hovley Lane East
16. WASHINGTON STREET MEDIANS AND PLANTERS:
• All medians between Fred Waring Drive to Country Club Drive
• Mountain View Avenue, west of Washington Street (two planters)
• Delaware Avenue, west of Washington Street (two planters)
17. CORPORATION YARD 74-705 42nd Avenue (includes all interior and perimeter planters and
perimeter planters at the storage yard east of the Corporation Yard)
18. MAGNESIA FALLS MEDIANS AND PARKWAY:
• All medians between Monterey Avenue and Deep Canyon Road
• Parkway planters northwest corner at Deep Canyon Road
• North wall parkway planters from San Pascual Channel Bridge to Portola Avenue
• South wall parkway planters from Rutledge Way to Deep Canyon Road
• Bike path between Whitewater Channel and Canyon Crest development perimeter
from Deep Canyon Road to Cook Street including adjacent planters from black wall
to chain link fence
19. TOWN CENTER WAY FIRE STATION 44-400 Town Center Way, located between Hwy 111
and Fred Waring Drive
20. PORTOLA AVENUE FIRE STATION 73-995 Country Club Drive, on the southwest corner of
Portola and Country Club Drive
21. COUNTRY CLUB DRIVE MEDIANS AND PLANTER:
• Medians between Washington Street and Monterey Avenue
• Excluding section along north perimeter of the Villa Portofino development
• “Pork chop” planter on northwest corner at Washington Street
22. FRANK SINATRA DRIVE MEDIANS: Medians between Monterey Avenue and Eldorado
Drive
23. DINAH SHORE DRIVE Medians between Monterey Avenue and Key Largo
24. GERALD FORD DRIVE MEDIANS AND PLANTER:
• Medians between Monterey Avenue and Frank Sinatra Drive
• “Pork chop” planter on southwest corner at Cook Street
25. WASHINGTON STREET OFF/ON RAMPS At Interstate 10 (refer to map)
26. UNIVERSITY PARK CENTER MEDIANS AND ROUNDABOUTS:
• College Drive medians and roundabouts between Frank Sinatra Drive and Portola
Avenue
• Pacific Avenue medians between Gerald Ford Drive and College Drive
• University Park Drive medians between Cook Street and College Drive
• Technology Drive medians between College Drive and Gerald Ford Drive
27. ACADEMY LANE EAST:
• Planters on Shepherd Lane and Portola Avenue to extend of boundary
28. WINDFLOWER COURT:
• Planters on Shepherd Lane and Portola Avenue
2.2 GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary manpower and equipment to maintain the areas listed in
the specified locations, at the level of maintenance and service defined by City of Palm Desert.
The work shall include, but is not limited to, proper horticultural practices, as defined in the City of
Palm Desert Landscape Maintenance Manual, maintenance of all landscape materials and
hardscape structures as designated in the following specifications and per the Frequency
Schedule.
2.1 Contractor shall provide appropriate equipment and labor for the execution of all maintenance
activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in
this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the
task at hand, City of Palm Desert may require that the equipment be removed from the job site and
replaced with a different piece of equipment.
2.2 Contractor shall provide personnel fully trained in all phases of landscape maintenance, tree
maintenance, and irrigation maintenance and operation. Contractor shall provide personnel
capable of effective verbal communication with City of Palm Desert representatives. If City of
Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm
Desert may require that the personnel be removed from the job site and replaced with personnel
demonstrating the appropriate level of job knowledge, skills, and verbal communication to
effectively accomplish the work.
2.3 Prior to commencement of the contract, designated City of Palm Desert representative(s) and
the Contractor will perform a mandatory acceptance walk-through inspection of the contract area.
It is Contractor’s responsibility to identify to City of Palm Desert unacceptable conditions with plant
material, trees, and/or irrigation systems at the time of the walk-through. At City of Palm Desert’s
discretion, unacceptable conditions may be resolved with the current (outgoing) contractor or with
the successor Contractor on a “one-time only, extra-work” basis. After such corrections are made,
the successor Contractor will be responsible for all contractual services.
2.4 Contractor shall replace, at no additional cost to City of Palm Desert for labor or materials, any
plant or tree that dies beginning 30 days from commencement of the contract throughout the term
of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or otherwise
improper care.
2.5 Contractor shall remove debris caused by all maintenance activities, including pruning and tree
maintenance, on the same working day that such debris is accumulated.
2.6 Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers
with pre-emergent and post-emergent. Fertilizers with pre-emergent and post-emergent will be
supplied by Contractor and reimbursed by the City of Palm Desert at actual cost plus 15% mark-
up. City of Palm Desert reserves the right to purchase Standard fertilizer. The application of
fungicides will be performed outside the scope of this contract.
2.7 Monthly reports for irrigation, green waste and pesticide application shall be submitted no later
than the first Monday of each month, for the preceding month. Monthly payments will not be
processed until all required reports are received.
2.7.1 The Irrigation Monthly Report shall include, but not necessarily be limited to, the
following: date, irrigation technician identification, site identification, controller and valve
identification, description of service and/or repair, statement of plant material condition as
relates to water needs, and a section for general notes or comments.
2.7.2 The Green Waste Monthly Report submittal shall include the green waste facility
tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and
address of the waste facility, the weight, and the City of Palm Desert’s name.
2.7.3 The Pesticide Application Monthly Report shall consist of a copy of the monthly report
submitted to the Riverside County Agricultural Commissioner or, in the case of no pesticide
applications made, a statement to that effect in the form of a letter or memorandum to City
of Palm Desert.
3. SPECIFIC SERVICES TO BE PERFORMED
3.1 Plant Litter and Trash Control
3.1.1 Contractor shall remove and appropriately dispose of all plant litter (broken branches, broken
limbs, excessive leaf-drop); trash and/or paper, cans, bottles, broken glass; dog droppings and
any other out-of-place or discarded items. Plant litter includes plant debris caused by extreme
temperatures or high winds.
3.1.2 Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of
their contents and replace the liners (City of Palm Desert may provide trash bags). Contractor
shall wipe surfaces clean with a non-toxic cleaning solution.
3.2 Pest Control
3.2.1 Gophers will be controlled on an as-needed basis using City of Palm Desert-approved traps,
within the scope of this contract. Ground squirrel control will be performed on an as-needed basis
and is outside the scope of this contract.
3.2.2 Ants will be controlled on an as-needed basis, and is included in the scope of the contract.
Red Imported Fire ant control is outside the scope of this contract. If Red Imported Fire ants are
encountered the Contractor shall report the discovery to the City of Palm Desert prior to the end of
the workday.
3.2.3 Contractor shall immediately report any bee activity (swarms or hives) detected to the City of
Palm Desert. Bee removal is the responsibility of City of Palm Desert.
3.2.4 Aphids will be chemically controlled on oak trees in parking lots and along parkways. Fruit
set will be chemically controlled on olive trees. These trees are located adjacent to parking lots,
sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended
chemical treatment and the schedule for its application must be reviewed and approved in
advance by City of Palm Desert. City of Palm Desert, at its discretion, may require from Contractor
all Material Safety Data Sheets, pesticide labels, and Pesticide Control Advisor recommendations
for any and all pesticide applications performed. Contractor will be responsible for the material and
labor and perform this work as well for all posting as required by label and law.
3.2.5 Contractor shall provide control and/or eradication of all weeds, as needed. Areas to be
weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs, expansion
joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees.
3.2.6 Mechanical and/or chemical methods of weed control are acceptable for annual and
perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be
controlled by chemical means only.
3.2.7 Contractor shall remove any debris generated by the weed control process after weeds have
been sprayed and plant death has occurred.
3.2.8 Weeds in turf areas will be managed on an as-needed basis and shall be considered extra
work.
3.3 Plant Maintenance
3.3.1 All plant material in the public right-of-way shall be maintained behind the curb line and/or
sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public.
3.3.2 Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such
as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair
the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches or foliage
left on an otherwise healthy plant for more than one month, unless otherwise directed by City of
Palm Desert and/or the contract documents. If offshoots are present, they will be left in place and
irrigation will be adjusted to assure adequate water supply to the offshoots.
3.3.3 Dead or weather-damaged plant material shall be pruned or removed under direction from
City of Palm Desert within one week of notification.
3.3.4 The City of Palm Desert encourages contractors to familiarize themselves with the City of
Palm Desert’s “Landscape Maintenance Guidelines” book. The book, intended to serve as a
visual guide to contractors, also provides pruning techniques and a calendar for ideal maintenance
timing. The City of Palm Desert may at its own discretion, alter time-lines or techniques and supply
additional reference materials as the City of Palm Desert deems necessary.
3.3.5 The plant material will be pruned as needed, to keep plant material to scale based on the
planter size, plant species, plant location and for safety purposes. The City of Palm Desert will
work with the Contractor to determine appropriate size for each plant species. In addition, the
Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and
groundcovers, as directed by the City of Palm Desert.
3.3.6 On occasion, high-profile areas will be seeded with wildflowers. City of Palm Desert staff will
identify these areas to Contractor. It shall be Contractor’s responsibility to maintain and preserve
these wildflower population areas. Contractor shall be responsible to replace any wildflowers
disturbed or destroyed by any of Contractor’s maintenance activities.
3.3.7 Plant material installed by the Contractor shall be warrantied for a period of ninety days from
the date of acceptance by the City’s Representative.
3.4 Tree Maintenance
3.4.1 All tree pruning shall be consistent with the current and applicable International Society of
Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, the
City of Palm Desert's Landscape Maintenance Guidelines book and the Tree Pruning Ordinance.
3.4.2 Contractor shall perform safety and sucker pruning on all trees (including palms) eight feet
(8) in height and under. All broadleaf and palm tree pruning will be performed outside this contract.
Contractor shall prune fronds, flowers, and seed pods on all palms that have six (6) feet of brown
trunk or less. City of Palm Desert may request that a Certified Arborist be on site when
Contractor’s staff safety prunes trees.
3.4.3 Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk
clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Trees must
be maintained at seven (7) feet from playground equipment. Any broken, dead or detached limb is
considered a hazard and upon notice from City of Palm Desert, Contractor must remove such
limbs by close of business the same day.
3.4.4 Trees broken or damaged as a direct result of storm, wind, accident, vandalism or structural
failure shall be pruned and/or removed, upon City of Palm Desert’s request to Contractor, within
24 hours of notification and shall be an extra to this contract. Any debris blocking roadways or
parking areas shall be removed within one hour of notification to Contractor. Replacement of trees
and plants caused by reasons not related to contractual maintenance shall be reimbursable as an
extra cost.
3.4.5 Trees planted by the Contractor shall be warrantied for a period of one-year from the date of
the acceptance by the City’s Representative.
3.5 Turf Maintenance – General
3.5.1 All turf areas must be mowed in a manner that provides for the adequate and safe use of
each facility for its intended purpose.
3.5.2 Bermuda grass will be mowed at ¾” height during the active-growth period.
3.5.3 Rye grass will be mowed at 1” height starting with its first cut after over-seeding and
continuing until spring when the Bermuda grass becomes active.
3.5.4 Baseball and soccer athletic fields shall be mowed with reel mowers and vacuumed after
each mowing if deemed necessary by City of Palm Desert.
3.5.5 Baseball and soccer athletic fields will be mowed on non-consecutive days per the
Frequency Schedule.
3.5.6 All turf areas will be mowed weekly and may be mowed with rotary mowers; however, if City
of Palm Desert deems that the finished turf surface is irregular, aesthetically unacceptable, or if it
creates a potential public safety issue, City of Palm Desert will require the turf area to be mowed
with a reel mower. Excess clippings will be raked, swept and/or vacuumed leaving a regular,
clean, aesthetically acceptable and safe turf surface. Removal of clippings will be at no extra cost
to the City of Palm Desert.
3.5.7 Detailing and edging of turf shall include chemical and/or mechanical detailing using a string
trimmer or an edger around buildings, sidewalks, mow strips, paved areas, valve boxes, goal
posts, light fixtures, fence lines, walls, along infield edges, behind back-stops, drainage areas, and
bare areas in planters. Only an edger shall be used on, but not be limited to hardscape areas such
as sidewalks and mow strips. All other areas may use an edger or string trimmer as appropriate
and as approved by City of Palm Desert.
3.5.8 Contractor shall provide the labor and equipment for the application of fertilizers and
fertilizers with pre-emergent(s) and post-emergent(s). Fertilizer and fertilizer with pre-emergent(s)
and post-emergent(s) will be supplied by Contractor. Standard fertilizer may be supplied by City of
Palm Desert. In the event Contractor supplies standard fertilizer, the City of Palm Desert will
reimburse Contractor at actual cost plus 15% mark-up. The Contractor shall apply irrigation
immediately following any fertilizer application to effectively wash the product into the soil.
Contractor shall also post notifications as required by the product labeling and law.
3.5.9 Mechanical core aeration shall be performed to a minimum depth of four inches (4”). Cores
may be swept or mowed and dispersed during mowing operations unless otherwise requested by
City of Palm Desert.
3.6 Turf Maintenance – Overseeding
3.6.1 Turf areas designated for over-seeding will be indicated in the Frequency Schedule. City of
Palm Desert will provide specific dates and times for the over-seeding schedule based on the use
of each facility.
3.6.2 Contractor shall begin lowering the height of the turf during the scheduled weekly mowing
approximately three weeks before the final cut. One week before the final cut, Contractor will
reduce irrigation to the minimum in the turf areas. Contractor shall mow turf to a height of one-half
inch (1/2”) and mower blades shall not be allowed to disturb the soil.
3.6.3 All grass clippings generated from this process will be vacuumed, swept or raked after each
cut.
3.6.4 A light irrigation syringe cycle will be applied before the final cut to keep the dust levels to a
minimum (per Coachella Valley Association of Governments guidelines).
3.6.5 Actual dates for the final mowing will be determined by City of Palm Desert. Mowing
activities may vary due scheduled activities, condition of turf, and the actual mowing height needed
to ensure seed-to-soil contact. Should Contractor fail to complete mowing or renovations during
weekdays, Contractor shall adjust the schedule to work on Saturdays at no additional cost to City
of Palm Desert. Advance permission to perform work on Saturdays is required.
3.6.6 The City of Palm Desert may supply grass seed. However, the City of Palm Desert may
request that Contractor supply City of Palm Desert specified grass seed, and be reimbursed at the
cost of material plus an allowable mark-up of fifteen percent (15%). The application rate for the
seed shall be no less than ten (10) pounds per 1,000 square feet. The Contractor shall also spot
seed and mulch as necessary, areas after germination to ensure a well-covered rye stand, at no
additional labor cost as directed by the City of Palm Desert. The Contractor is to verify and
confirm quantity of seed bags with City of Palm Desert personnel prior to installation and after
seeding task is complete.
3.7 Turf Maintenance for Non-Overseeded Areas
3.7.1 From November 1 through March 31, mowing and irrigation on non-overseeded turf areas
will be reduced per the Frequency Schedule.
3.8 Hardscape, and Decomposed Granite (DG) Planter Areas
3.8.1 Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all
sidewalk and hardscape areas after all maintenance activities or as indicated in the Frequency
Schedule.
3.8.2 Daily sidewalk cleaning shall consist of removing debris from sidewalks by blowing or
sweeping. Blower throttle to be maintained at the lowest practical setting possible.
3.8.3 Contractor shall rake planter areas. Contractor shall also rake underneath living plant
material, unless directed not to do so by City of Palm Desert. Slope areas are to be raked
horizontally and not from top to bottom. If existing grade is adversely affected by raking activities,
Contractor shall re-establish an appropriate grade to the satisfaction of City of Palm Desert.
3.8.4 Using pressure-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall
pressure-wash playground equipment, monuments and signs, sidewalks, curbs, gutters, drains,
benches, dog park fixtures, drinking fountains, picnic tables and miscellaneous hardscape fixtures
as outlined in the Frequency Schedule. The Contractor shall use, as directed by the City of Palm
Desert, a scrub brush and a City of Palm Desert-approved non-toxic biodegradable cleaning agent
to adequately clean the aforementioned items, as deemed acceptable by City of Palm Desert.
Contractor will also remove any tape, banners, and party supplies from playground shelters and
pavilions in conjunction with the pressure washing duties. This process shall be considered as
included in the contract lump sum bid price, and no additional compensation shall be allowed
therefor.
3.8.5 Pressure washing, at a minimum pressure rating of 3000 PSI, at dog parks must include the
use of an City of Palm Desert-approved non-toxic biodegradable cleaning agent.
3.8.6 Contractor shall remove litter and debris obstructing spillways and their associated drain
grates. This activity shall take place according to the Frequency Schedule, and after a rain event
as determined by City of Palm Desert staff.
3.9 Irrigation System Maintenance
3.9.1 The operation, maintenance, and scheduling of all irrigation controllers and attached sensors
shall be the responsibility of Contractor. Contractor will make adjustments to the controllers,
sensor equipment, and schedules based on property microclimates, ET, rain events, and
overseeding schedules. Contractor will schedule irrigation to provide adequate irrigation to plant
material while conserving water as much as possible. NOTE: Irrigation systems currently are not
Smart Controllers and will require manual adjusting.
3.9.2 All irrigation systems and their individual components shall be kept in adjustment to ensure
proper water coverage and prevent unacceptable conditions such as insufficient water distribution
(plant death), overspray, excessive runoff, and erosion.
3.9.3 Repairs or replacements to the irrigation system shall be made with like parts.
3.9.4 Contractual irrigation system maintenance includes all labor for system inspections,
adjustments, repairs and installations for all system components, in-line irrigation valves, including
internal and electrical components, irrigation wires from the timer to the valve, and all mainline and
lateral line repairs two inches (2”) and smaller in diameter, unless damage is caused by vandalism.
Should vandalism occur, the Contractor is to notify City of Palm Desert staff immediately and prior
to the repair work. All irrigation rotors, bubblers, emitters, associated fittings, and valve boxes
shall also be included under contractual system maintenance. Any repair work outside of this
scope will be considered extra work and paid accordingly. All parts shall be provided by the
Contractor and will be reimbursed by the City of Palm Desert at actual cost plus a fifteen percent
(15%) mark-up, unless the replacement is due to damage caused by the Contractor’s operation, in
such case the Contractor shall bear the entire cost. Adjustments, repairs and installations shall
include:
3.9.4.1 Valves: electrically actuated irrigation control valves, quick coupler valves,
end line flush valves, lateral line flush valves, and master valves. All valves will be
checked for proper operation, leaks, and solenoid function and connections (where
applicable). Automatic valves will be activated from the irrigation controller, not
from the bleeder valve.
3.9.4.2 The electrical circuit from the irrigation controller to the valve will be checked
for proper operation. Labor cost for the actuators replacement shall be included in
the contract lump sum bid price, and no additional compensation shall be allowed
therefor.
3.9.4.3 Filter, filter screen, and filter valve box cleaning.
3.9.4.4 Lateral lines will be checked for breaks and leaks, and will be flushed at
least yearly and additionally when necessary to ensure proper system performance.
3.9.4.4 Emission device and valve box checks, adjustments, installation, maintenance and
repairs shall include: sprinkler head and valve box height adjustment and
replacement; nozzle spray pattern adjustment; nozzle cleaning and replacement;
bubbler head height adjustment, cleaning, and replacement; tree well repair; and drip
emitter cleaning, replacement, removal and plugging if no plant material is present.
Installation of new emitters, or bubblers, as required to ensure the health of plant
material, shall be included in the contract lump sum bid price and no additional
compensation shall be allowed therefor.
3.9.4.5 The Contractor shall perform, at a minimum, a weekly visual irrigation Inspection,
within the designated landscape maintenance area, for leaks, dry areas, and
vandalism. Contractor shall take appropriate action to immediately stabilize the
system. Such actions shall be reported to the City of Palm Desert within twenty-four
(24) hours of discovery and performance of necessary repairs.
3.9.4.6 Contractor shall maintain an adequate supply of irrigation parts readily
available to Contractor’s irrigation technician for making routine repairs of main and
lateral lines two inch (2”) in diameter and smaller without leaving the irrigation site.
3.9.5 Non-contractual irrigation system repairs:
3.9.5.1 No non-contractual work will be initiated without an approved City of Palm Desert
Work Order.
3.9.5.2 When irrigation system malfunction or damage is detected, the repair of which is
non-contractual in nature, Contractor will flag the location and notify City of Palm
Desert before the close of business the same work day.
3.9.5.3 Upon receipt of an approved Work Order, repairs to a non-operational and/or
damaged irrigation system shall be completed within 24 hours, or as otherwise
indicated on the Work Order.
3.9.5.4 All repairs deemed non-contractual will be paid on a time-and-materials basis.
3.9.5.5 Labor will be billed per the rates under the Performance of Extra Work heading.
3.9.5.6 Materials will be billed at “cost plus 15%” or, at City of Palm Desert’s discretion;
materials may be supplied to Contractor by City of Palm Desert.
3.9.5.7 Contractor shall return to City of Palm Desert all irrigation parts that have been
replaced.
3.9.5.8 City of Palm Desert will perform regular inspections of irrigation systems to ensure
accuracy of Contractor’s irrigation reports. If discrepancies are found, City of Palm
Desert shall consider this a performance deficiency.
Contract No. C39850
EXHIBIT “B”
SCHEDULE OF SERVICES
LMA Contract Frequency Schedule Legend
A Daily, 7 days per week, by 10:00 a.m.
B Daily, Monday through Friday by 1:00 p.m.
C Daily, before close of business (5:00 p.m.), Monday through Friday
D Weekly, before close of business (5:00 p.m.), on Friday
E Three times per week by 10:00 a.m. ( Monday, Wednesday, Friday)
F Bi-weekly (every two weeks)
G Monthly (Twelve times per year, every month)
H Bi-monthly (Six times per year, every two months)
I Quarterly (Four times per year)
J Semi-annually (Two times per year)
K Annually (One time per year)
L Seasonal
M As needed to maintain planters, plant material health, aesthetics, and/or public safety
N Weekly
O October 1 through April 30, once monthly; May 1 to September 30, every 2 weeks;
Except turf and annual color areas which are always weekly
P Monthly, from May to October (Six times per year)
Q October 1 through April 30 every other week; May 1 through September 30, weekly
R October 1 through May 30, three times weekly (Monday, Wednesday, Friday), before
10:00 a.m.; June 1 through September 30, once a week
S Daily, before 7:00 a.m., Seven days a week
T Two times per week on non-consecutive days
U Continuously, November 1 through March 31; monthly, April 1 through October 31
V Weekly, April 1 through October 31; monthly, November 1 through March 31
W Daily by 1:00 p.m.
CONTRACT FREQUENCY SCHEDULE - LANDSCAPE MAINTENANCE AREAS 2020-2021
Hwy 111Community Center Historical Fire StationHwy 74 Charger SculpturePortola MedianMesa View Fire StationMonterey Medians and PlanterFred Waring Medians and ParkwayTown Center Way MediansCook Street MediansHovley Lane East MediansPortola Median and ParkwayVia Cinta MedianPhyllis Jackson ParkwayEl Dorado MedianWashington Street MediansCorporation YardMagnesia Falls Medians and ParkwayTown Center Way Fire StnPortola Fire StnCountry Club Drive medians and Planter Cook Street mediansFrank Sinatra mediansDinah Shore mediansGerald Ford medians and planterWashington Street and I-10 rampsPortola Ave mediansUniversity Park medians and roundaboutsAcademy Lane EaseWindflower CourtRemove plant litter, dog droppings, and discarded items; blow or sweep all sidewalks D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D
Empty and clean trash receptacles, replace liners D D D D D
PEST CONTROL Weed control M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
Aphid control on oak trees
Gopher control M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
Fruit set control on olive trees K K
Prune shrubs, hedges, ground covers (including bougainvillea) and remove accumulated
litter under plant material G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G
Safety-prune plant material M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
Remove plant flower stalks M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
TREES Safety-prune and remove suckers M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
Mow all turf areas including edging and detailing.D
Mow sports fields while predominantly Bermuda
Mow non-sports fields while predominantly Bermuda
Detail and edge
Fertilize I
Aeration J
Overseed K
Rake planter and all DG areas and remove debris from cobble G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G
Wash monuments and signs I I I I
IRRIGATION SYSTEM Irrigation inspection, adjustment, and repair D D D D D D D D D D D D D D D D D D D D D D D D D D D
HARDSCAPE AND
DECOMPOSED
GRANITE (DG) AREAS
TURF
PLANT LITTER / TRASH
CONTROL
PLANT MAINTENANCE
LMA 1
MAINTENANCE ACTIVITY
Contract No. C39850
EXHIBIT “C”
COMPENSATION
Page 14
Page 15
Page 16
Page 16a
Page 17
Contract No. C39850
EXHIBIT “D”
PERFORMANCE BOND AND PAYMENT BOND
Contract No. C39850
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to
URBAN HABITAT, (hereinafter referred to as the “Contractor”) an agreement for LANDSCAPE
MAINTENANCE AREA NO. 01, PROJECT 901-21, CONTRACT NO. C39850 (hereinafter referred
to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated February 22, 2020, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, URBAN HABITAT, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of TWO HUNDRED ELEVEN THOUSAND FIVE HUNDRED
EIGHTY-SIX AND 40/100 DOLLARS ($211,586.40) annually, said sum being not less than one
hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract Documents
and any alteration thereof made as therein provided, on its part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their intent and meaning;
and shall faithfully fulfill all obligations including the one-year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated
in said Contract Documents, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a period
of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to
make full, complete, and satisfactory repair and replacements and totally protect the City from loss
or damage resulting from or caused by defective materials or faulty workmanship, Surety shall
undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue
so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the
Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
Contract No. C39850
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the lowest
responsive and responsible bidder, arrange for a Contract between such bidder, the
Surety and the City, and make available as work progresses sufficient funds to pay
the cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs pursuant
to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs pursuant
to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies
Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the
California Civil Code.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
Contract No. C39850
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate City of Palm Desert attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must
be attached hereto.
Contract No. C39850
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who 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 acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C39850
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who 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 acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C39850
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken
or a resolution passed May 14, 2020, has awarded to Urban Habitat hereinafter designated as the
“Principal,” a contract for the work described as follows:
LANDSCAPE MAINTENANCE AREA NO. 01, PROJECT 901-21, CONTRACT NO. C39850) (the
“Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated February 22, 2020 (“Contract Documents”), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts
due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of said
Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay
for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are
held and firmly bound unto the City in the penal sum of TWO HUNDRED ELEVEN THOUSAND,
FIVE HUNDRED EIGHTY-SIX AND 40/100 DOLLARS ($211,586.40) annually, lawful money of
the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department or Franchise Tax Board from
the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for
the same, in an amount not exceeding the sum herein above specified, and also, in case suit is
brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable
attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon this
bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or
relating to any scheme or work of improvement herein above described, or pertaining or relating to
Contract No. C39850
the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any
terms of payment or extension of the time for any payment pertaining or relating to any scheme or
work of improvement herein above described, nor by any rescission or attempted rescission of the
contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting
to limit the right of recovery of claimants otherwise entitled to recover under any such contract or
agreement or under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against the Surety
and in favor of all persons for whose benefit such bond is given, and under no circumstances shall
Surety be released from liability to those for whose benefit such bond has been given, by reason of
any breach of contract between the owner or City and original contractor or on the part of any obligee
named in such bond, but the sole conditions of recovery shall be that claimant is a person described
in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety
does hereby waive notice of any such change, extension of time, addition, alteration or modification
herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate City of Palm Desert attached. A Power-of-Attorney authorizing the person signing on
behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do
so must be attached hereto.
Contract No. C39850
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who 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 acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C39850
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-
Attorney to local representatives of the bonding company must also be attached
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who 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 acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CL AIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACTOR'S PROPOSAL
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CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 01
Contract No. C39850 Project No. 901-21
THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL
WORK EXPERIENCE AND TECHNICAL ABILITY OF THE PROPOSER
ATTACH ADDITIONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONSES
1.COMPANY NAME: _u_rb_a _n _H_ab_it_at _________________ _
TYPE OF ENTITY:
•Sole proprietor __•Partnership•Corporation ,/
2.COMPANY ADDRESS/PHONE NUMBER:
MAIN OFFICE:36953 Cook St., Ste. 101, Palm Desert, CA 92211
LOCAL OFFICE OR DISPATCH FOR THIS CONTRACT:
37505 Goodman Rd., Indio, CA 92203
EMERGENCY CONTACT PERSON:
Name: Brett Brennan
Phone: (855) 469-4224
3.CONTRACTOR LICENSE INFORMATION:
•LICENSE NUMBER/CLASSIFICATION/NAME STYLE:
963744/A, C-27, D-49/Urban Habitat
2 years (due to name change) •NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME STYLE: ..!Y:ars101a1w1ththisnumber
•LICENSE EXPIRATION DATE:· July 31, 2021_ __.____;, ______________ _
•CURRENT LICENSE STATUS: Current and Active__cc..c;..._.;.....c.;..;;;...;.;;�..;.;.;..;;;------------
•PRIOR ACTIONS AGAINST THIS LICENSE? No----------
IF YES, LIST CITATION TYPE AND HOW RESOLVED: NIA
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VICINITY MAP
COOK STMONTEREY AVEFRED WARING DR
PORTOLA AVEHOVLEY LN E
FRANK SINATRA DR
EL PASEO
GERALD FORD DR
WASHINGTON STELDORADO DRWARNER TRLHOVLEY LN W
OASIS CLUB DRTAMARISKROW
D
RCALIFOR N IAAVESAN PABLO AVEPARK VIEW DR
MESA VIEW DR DEEP CANYON RDMAGNESIA FALLS DR
COOK STHAYSTACK RDMONTEREY AVEP O R TO L AAVEPORTOLA AVEGRAPEVINE STSHADOWMOUNTAINDR
FAIRWAY DR
HOVLEY LN EPORTOLA AVEFRED WARING DR
COUNTRY CLUB DR
FRANK SINATRA DRPORTOLA AVECOUNTRY CLUB DR
MONTEREY AVECOOK STINT
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HWY 111
HWY 74DINAH SHORE DR
BOB HOPE DRMILES AVE
HW
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Landscape Area 1
I 2020