HomeMy WebLinkAbout2024-02-02 Kell, James - 9131
Gloria Sanchez
From:William Rice <WRice@carlwarren.com>
Sent:Wednesday, November 6, 2024 9:29 AM
To:Gloria Sanchez; Tim Varon
Cc:Andrea Staehle; Amber Molina; Damian Olivares
Subject:RE: James C. Kell DOL 08/21/2023 Claim CJP-3050689
Gloria,
The claim was not rejected.
It was tendered on 06/10/2024.
The statute of limitations expires 08/21/2025.
Our file will be retired with no further action.
William L. Rice
William Rice
Claims Examiner
WRice@carlwarren.com
Tel: (657) 622-4319 | Fax: (866) 254-4423
Carl Warren & Company LLC | A Venbrook Company
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, CA, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (including any attachments) is intended solely for the use of the
individual or entity to which it is addressed, and may contain information that is confidential,
proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified
that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you
have received this email in error, please delete it from your system and advise the sender immediately.
Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or
facsimile until confirmed in writing by an authorized representative of this office. We accept no
liability for any damage caused by any virus transmitted by this email. It is your responsibility to
check this email (including any attachments) for viruses.
2
From: Gloria Sanchez <gsanchez@palmdesert.gov>
Sent: Tuesday, November 5, 2024 1:49 PM
To: William Rice <WRice@carlwarren.com>; Tim Varon <TVaron@carlwarren.com>
Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>; Damian Olivares
<dolivares@palmdesert.gov>
Subject: RE: James C. Kell DOL 08/21/2023 Claim CJP-3050689
Hi,
Does the tender letter close out this claim or is there more to follow?
Thank you.
M. Gloria Sanchez
Records Coordinator
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov
From: William Rice <WRice@carlwarren.com>
Sent: Monday, June 10, 2024 3:43 PM
To: Tim Varon <TVaron@carlwarren.com>
Cc: Gloria Sanchez <gsanchez@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina
<amolina@palmdesert.gov>
Subject: Re: James C. Kell DOL 08/21/2023 Claim CJP-3050689
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Tim,
Attached is the tender letter to Horizon.
Wiliam L. Rice
1
Gloria Sanchez
From:William Rice <WRice@carlwarren.com>
Sent:Monday, June 10, 2024 3:43 PM
To:Tim Varon
Cc:Gloria Sanchez; Andrea Staehle; Amber Molina
Subject:Re: James C. Kell DOL 08/21/2023 Claim CJP-3050689
Attachments:We sent you safe versions of your files; 20240610 Tender Lt Horizon CJP-3050689.pdf
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Tim,
Attached is the tender letter to Horizon.
Wiliam L. Rice
William Rice
Claims Examiner
WRice@carlwarren.com
Tel: (657) 622-4319 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, CA, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (including any attachments) is intended solely for the use of the
individual or entity to which it is addressed, and may contain information that is confidential,
proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified
that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you
have received this email in error, please delete it from your system and advise the sender immediately.
Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or
facsimile until confirmed in writing by an authorized representative of this office. We accept no
2
liability for any damage caused by any virus transmitted by this email. It is your responsibility to
check this email (including any attachments) for viruses.
1
Gloria Sanchez
From:Gloria Sanchez
Sent:Wednesday, May 1, 2024 5:42 PM
To:William Rice
Cc:Andrea Staehle; Amber Molina; Tim Varon
Subject:RE: James Kell DOL 08/21/2023 Claim DJP-3050689
Attachments:C40690 - Executed Agreement.pdf; C40690 Executed Amendment No. 2.pdf
Good afternoon, Mr. Rice:
Attached is Contract No. C40690 for Landscape Maintenance Area No. 7. Exhibit A (Pg. 20) list The Grove as part of
the Scope of Services. Additionally, included is the Amendment No. 2 that extends the contract from 7/1/2023 to
6/30/2024.
If you need additional information, please do not hesitate to contact me, and have a nice rest of the week.
From: William Rice <WRice@carlwarren.com>
Sent: Wednesday, April 17, 2024 9:47 AM
To: Gloria Sanchez <gsanchez@palmdesert.gov>
Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>; Tim Varon
<TVaron@carlwarren.com>
Subject: RE: James Kell DOL 08/21/2023 Claim DJP-3050689
Gloria, Thank you for the information.Provide copy of any understanding or Agreement that the City has with the Grove Lighting and Landscape District for maintaining their tree? William L. Rice William RiceClaims ExaminerWRice@carlwarren.comTel: (657) 622-4319 | Fax: (866) 254-44
Gloria,
Thank you for the information.
Provide copy of any understanding or Agreement that the City has with the Grove Lighting and Landscape District
for maintaining their tree?
William L. Rice
William Rice
Claims Examiner
WRice@carlwarren.com
Tel: (657) 622-4319 | Fax: (866) 254-4423
Carl Warren & Company LLC | A Venbrook Company
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, CA, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (including any attachments) is intended solely for the use of the
individual or entity to which it is addressed, and may contain information that is confidential,
proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified
that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you
CITYOF PDLMD[S[RT
73-5 io FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-0611
infoii@cityofpalmdcscrt.org
June 4, 2021
Horizon Professional Landscape, Inc.
48727 Charlton Peak Street
Coachella, California 92236
Dear Sir or Madam:
Subject: Contract No. C40690 - Landscape Maintenance Area No. 7
Proiect No. 907-221
At its regular meeting of April 22, 2021, the Palm Desert City Council, by Minute Motion:
1) Awarded contract for Landscape Maintenance Area No. 7 to Horizon Professional
Landscape, Inc., Coachella, California, in the annual amount of $106,920; 2) authorized
City Manager to approve extra repair work and services for the annual amount of
25,000; 3) authorized the Mayor to execute the agreement; 4) authorize the City
Manager to approve change orders associated with this contract and up to four (4) one-
year contract extensions based on staffs recommendations.
Enclosed is a fully executed Maintenance Services Agreement for your records. If you
have questions or require additional information, please do not hesitate to contact us.
Sincerely,
22
M. GLORIA SANCH
ACTING CITY CLERK
MGS
Enclosure (as noted)
cc/enc: Andy Firestine, Assistant City Manager
MINTED OM NE(Y((ED PAPER
CONTRACT NO. C40690
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
LANDSCAPE MAINTENANCE AREA 7
CONTRACT NO. C40690
1. PARTIES AND DATE.
This Agreement is made and entered into this 22"d day of April, 2021 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 Horizon Professional Landscape Inc.,
a CORPORATION with its principal place of business at 48-727 Charlton Peak, Coachella, Ca
92236 ("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 it 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. 7, CONTRACT NO. C40690, PROJECT NO. 907-22 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, 2021 to June 30,
2022 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 four (4) 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.
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CONTRACT NO. C40690
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 Citv's Representative. The City hereby designates Randy Chavez,
Landscape Supervisor 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 Rafael
Mendoza, 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 authority
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,
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CONTRACT NO. C40690
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 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 and 00/100 ($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.
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CONTRACT NO. C40690
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 Eaual Opportunity Employment. Contractor represents that
it 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 GARB 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 authority 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 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.
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CONTRACT NO. C40690
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.
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;
reimbursement;
policies; and
primary policies.
b) Pay on behalf of wording as opposed to
c) Concurrency of effective dates with primary
d) Policies shall "follow form" to the underlying
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 elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives.
E) Fidelity Coverage. Reserved.
F) Cvber Liability Insurance. Reserved.
G) Pollution Liability Insurance. Reserved.
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
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BBK 72500 00001132374943 1 5-
CONTRACT NO. C40690
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) Primarv/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.
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, and their respective agents, officials, employees, volunteers and
representatives, 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, and their
respective agents, officials, employees, volunteers and representatives, 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
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CONTRACT NO. C40690
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 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, its elected or appointed officers, and their respective agents, officials,
employees, volunteers and representatives, 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
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) Citv'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.
0) 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.
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CONTRACT NO. C40690
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 "C" 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
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 "C" 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 ten (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
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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 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 substances 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
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CONTRACT NO. C40690
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 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 One Hundred Thirty -One Thousand, Nine Hundred Twenty Dollars and 00/100
131,920.00) 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,
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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 Prevailina Wades. 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 or appointed officers, and their respective agents, officials, employees, volunteers and
representatives 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 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 elected or appointed officers, and their respective
agents, officials, employees, volunteers and representatives free and harmless from any claim or
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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:
City:
Horizon Professional Landscape, Inc.
48-727 Charlton Peak
Coachella, Ca 92236
Attn: Rafael Mendoza
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Randy Chavez, Landscape Supervisor
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.
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3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives 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 the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives. In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers and representatives as part of any such claim, suit, action or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives 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 the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers and representatives, 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, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives.
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 Agreement.
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
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CONTRACT NO. C40690
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 the City include
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives 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: Severabilitv. 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.
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CONTRACT NO. C40690
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority 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
authority 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.
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BBK 72500 00001\32374943 1
SIGNATURES ON NEXT PAGE]
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CONTRACT NO. C40690
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND HORIZON PROFESSIONAL LANDSCAPE, INC.
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: ( Q.(.1.c.QQ,UV
Kathleen I U
Mayor
ATTEST:
By:
Horizon Professional Landscape, Inc.
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Its:
Printed
Name:
FAt L /- JC
Contractor's License Number and
APPROVE AS TO FORM: Classification
REVIEWED BY:
1,)
Andy Ffrestine
Assistant City Mana
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ewe6-3 y32_./
DIR Registration Number (if applicable)
CONTRACT NO. C40690
the person(s) whose name(s)
e% he/they executed the same
the instrument the person(s), or t
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 RAve'fS1GQe
On Ma."1 2y' . 202-) , before me, Notary Public, personally
appeared Me,nc..(c , who proved to me on the basis of satisfactory evidence to be
re subscribed to the within instrument and acknowledged to me that
er/their authorized capacity(ies), and that b 'Cher/their signature(s)
e entity upon behalf of which the person(s) acted, executed the instrument.
D. PATEL
Notary Public - California
Riverside County
Commission # 2201387
My Comm. Expires Jul 10, 2021
PPTEZ-
I certify under PENALTY OF PERJURY under the laws of
the Sfate 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
1
Title(s)
Partner(s)
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Revised 11-2-20
BBK 72500.00001132374943.1
Limited
General
17-
fotTEL
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
CONTRACT NO. C40690
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 theerson(s) acted, executed
the instrument.
I certify under PENALTY PERJURY under the laws of
the State of California t at 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
LI Individual
Corporate Officer
L
Title(s)
Partner(s)
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Revised 11-2-20
BBK 72500.00001132374943.1
Limited
General
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DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
CONTRACT NO. C40690
Exhibit "A"
SCOPE OF SERVICES
1. SCOPE OF WORK
The work 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 and Lighting Districts in accordance with the Contract
Documents at the following locations:
1.1 LOCATIONS
1. Waring Court — Parkways along the subdivision perimeter fronting Fred Waring Drive and
Phyllis Jackson Lane (approximately 12,262 sq. ft.)
2. Vineyards (Portola Wall) — Raised planter area on the west side of Portola Avenue, north
and south of Rutledge Way, as shown on the map (approximately 6,320 sq. ft.)
Portola Place — Parkways along the subdivision perimeter on Portola Avenue and Santa
Rosa Way. Includes the small landscaped strip on the west side of the subdivision on
Olive Court (approximately 5,881 sq. ft.)
4. The Grove — Parkways along the subdivision perimeter on Deep Canyon Road and on
Royal Canyon Lane along the block walls (approximately 18,415 sq. ft.). There is one (1)
Doggie Pot station
5. Palm Gate — Parkways along the subdivision perimeter on Deep Canyon Road, north of
Moss Rose Drive and north of Lavender Way (approximately 7,320 sq. ft.)
6. Primrose II — Parkways along the north side of Hovley Lane East between Carlotta and
Hemingway and west of Hemingway (approximately 5,370 sq. ft.)
7. Desert Mirage — Parkways and entrance islands of the Desert Mirage development on the
west side of Cook Street, south of Frank Sinatra Drive (approximately 22,998 sq. ft.)
8. Canyon Crest — Lavender Way: approximately 480 lineal feet of parkway along Deep
Canyon Road, 600 lineal feet of parkway on Columbine Drive, and 188 lineal feet at the
CVWD well site at Lavender Way and Amaryllis Way (approximately 16,782 sq. ft.)
9. College View Estates I — Parkway along Shepherd Lane on College View Circle West and
College View Circle East. Parkway along Portola Avenue (approximately 11,920 sq. ft.).
There is one (1) Doggie Pot station
10. College View Estates II — 300 lineal feet of parkway along Portola Avenue; approximately
560 lineal feet of parkway along Shepherd Lane on Scholar Lane West and Scholar Lane
East (approximately 8,158 sq. ft.)
11. Sundance West — Shepherd Lane parkway (west side) north side of Chinook Circle to
south side of Kokopelli Circle (approximately 6,600 sq. ft.). There are two (2) Doggie Pot
stations
12. Sundance East — Shepherd Lane parkway (east side) north and south sides of Chinook
CONTRACT NO. C40690
Circle. Parkway along Portola Avenue (approximately 6,960 sq. ft.). There is one (1)
Doggie Pot station.
13. Petunia I — Parkways on the west and east sides of Shepherd Lane, on Petunia Place
West and Petunia Place East. Parkway along Portola Avenue (approximately 9,660 sq.
ft.)
14. Boulders — Parkway on Shepard Lane, west side north and south of Alpine Lane
approximately 3,600 sq. ft.)
15. Kaufman & Broad — Street parkways on Frank Sinatra Drive at the Kaufman & Broad
development west of Portola Avenue. Includes a retention basin on the interior of the
development and the landscaped parkway on Hollister Drive at the CVWD well site west
of Drexel Drive. (approximately 43,628 sq. ft.). There is one (1) Doggie Pot station
16. Palm Desert Country Club — Landscaped areas along the south side of Hovley Lane East
between Kansas Street and Idaho Street and small section of parkway west of Kansas
Street to edge of development. Included are the medians and the traffic circle on Avenue
of the States from Washington Street to Michigan Avenue (approximately 27,047 sq. ft.)
17. Presidents Plaza I - Parking lots located between Highway 111 and El Paseo on the north
and south boundaries and Portola Avenue and San Luis Rey on the east and west and:
18. Presidents Plaza II - Parking lots located between Highway 111 and El Paseo on the north
and south boundaries and San Luis Rey and Larkspur Lane on the east and west
combined I & II approximately 16,193 sq. ft.)
19. Presidents Plaza III - - Parking lot located between Highway 111 and El Paseo on the
north and south boundaries and Highway 74 and Sage Lane on the west and east
approximately 31,865 sq. ft.)
20. Hovley Lane West between Monterey and Portola avenues which includes the street
parkway and the other common landscape improvements fronting the following:
a. The Glen — Glenwood Lane; approximately 990 lineal feet of parkway along Hovley
Lane West and Monterey Avenue (approx. sq. ft. 8,248)
b. Monterey Meadows — Clover and Meadow Lanes; approximately 660 lineal feet of
parkway along Hovley Lane West (approx. sq. ft. 3,160). There is one (1) Doggie
Pot station
c. Sonata I — Sonata Court; approximately 990 lineal feet of parkway along Hovley
Lane West and Portola Avenue (approx. sq. ft. 10,044). There is one (1) Doggie
Pot station
d. Sonata II — Posada Court and Via Fonda; approximately 1,980 lineal feet of
parkway along Hovley Lane West (approx. sq. ft. 19,320). There is one (1) Doggie
Pot station
e. Hovley Estates — Centennial Circle; approximately 330 lineal feet of parkway along
Hovley Lane West and a 6,500 square foot retention basin at the back of the cul-
de-sac (approx. sq. ft. 12816)
CONTRACT NO. C40690
f. La Paloma I — Avenida Arcada; approximately 341 lineal feet of parkway along
Hovley Lane West and a 6,500 square foot retention basin at the cul-de-sac
approx. 12041 sq. ft. )
La Paloma II — Avenida; approximately 337 lineal feet of parkway along Hovley
Lane West and a 6,500 square foot retention basin at the cul-de-sac. (approx.. sq.
ft. 13095)
h. La Paloma III — Avenida Solana; approximately 330 lineal feet of parkway along
Hovley Lane West, no retention basin (approx.. sq. ft. 3,600)
g.
i. Hovley Collection — Avenida Calafia and Avenida Estrada: Approximately 660
lineal feet of parkway along Hovley Lane West and a 15,400 square foot retention
basin at the back of the streets (approx. sq. ft. 22,120)
j. Sandpiper Court — Approximately 170 lineal feet of landscaped parkway on the
south side of Hovley Lane and Sandpiper Court and 6,600 square foot retention
basin at the south end of the cul-de-sac (approx. sq. ft. 10,100)
k. Sandpiper Court West — Approximately 150 lineal feet of landscaped parkway on
the south side of Hovley Lane at Sandpiper Court West and a 6,500 square foot
retention basin at the south end of the cul-de-sac (approx.. sq. ft.
I. Hovley Court West — Approximately 300 lineal feet of parkway along Hovley Lane
West and 550 lineal feet along Monterey Avenue south of Hovley Lane West
approx. sq. ft. 12,675)
m. Diamondback — Diamondback Road; approximately 280 lineal feet of parkway
along Hovley Lane West (approx. sq. ft. 3,600)
n. Palm Court — Palm Court; approximately 280 lineal feet of parkway along Hovley
Lane West (approx. sq. ft.3,600)
2.2 GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary labor 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, 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, City of Palm Desert
CONTRACT NO. C40690
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 generated.
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 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
CONTRACT NO. C40690
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 trashcans 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 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 public.
CONTRACT NO. C40690
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 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 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. 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.
CONTRACT NO. C40690
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 3/" 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 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, acceptable and safe turf surface. Removal of clippings will be at no extra cost to
the City of Palm Desert.
3.5.5 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.
3.5.6 Contractor shall provide the labor and equipment for the application of fertilizers and
fertilizers with pre-emergent(s) and post-emergent(s). Contractor will supply fertilizer and
fertilizer with pre -emergent and post -emergent. City of Palm Desert may supply standard
fertilizer. 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.
3.5.7 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 — Over -seeding
3.6.1 Turf areas designated for over -seeding will be indicated in the Frequency Schedule. City
of Palm Desert will provide specific dates for the over -seeding schedule.
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
CONTRACT NO. C40690
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 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 -Over -seeded Areas
3.7.1 From November 1 through March 31, mowing and irrigation on non -over -seeded 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 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 adjust the controllers, sensor
equipment, and schedules based on property microclimates, ET, rain events, and over -seeding
schedules. Contractor will schedule irrigation to provide adequate irrigation to plant material
while conserving water as much as possible. NOTE: Irrigation systems that are not Smart
Controllers and will require manual adjusting.
CONTRACT NO. C40690
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 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
CONTRACT NO. C40690
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 FREQUENCY SCHEDULE - LANDSCAPE MAINTENANCE AREAS 2017-2018
MAINTENANCE ACTIVITY
PLANT LITTER / TRASH
CONTROL
g§T CONTROL
PLANT MAINTEt
TREES
tLd4
HARDSCAPE AND
DECOMPOSED
GRANITE (DG) AREAS
Remove plant litter, dog droppings, and
discarded items; blow or sweep sidewalks
Empty and clean trash receptacles. replace
liners
Weed control
Gopher control
Aphid control on oak trees
tfl1b SIiiubs, hedges, tg1U'&ft't 'vers (including
bougainvillea) and remove accumulated litter
Safety -prune plant material
Remove plant flower stalks
Safety -prune and remove suckers
Mow
Detailing and edging
Fertilize
Overseeding
Rake planter areas
CONTRACT NO. C40690
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IRRIGATION SYSTEM Irrigation inspection. adjustment. and repair IDIDIDIDI
CONTRACT NO. C40690
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)
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
Q
Monthly, from May to October (Six times per year)
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 No. C40690
Page 1 of 3
AMENDMENT NO. 2 TO THE LANDSCAPE MAINTENANCE AREA 7 AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND HORIZON PROFESSIONAL LANDSCAPE
1.Parties and Date.
This Amendment No. 2 to the Landscape Maintenance Area 7 agreement is made and
entered into as of this 11th day of May 2023, by and between the City of Palm Desert (“City”) and
Horizon Professional Landscape, Inc. a Corporation with its principal place of business at 48727
Charlton Peak Coachella, California 92236 (“Contractor”). City and Contractor are sometimes
individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled
Landscape Maintenance Area 7 dated April 22, 2021, (“Agreement” or “Contract”) for the purpose
of retaining the services of Contractor to provide landscape maintenance to Landscape
Maintenance Area 7.
2.2 Amendment. The City and Contractor desire to amend the Agreement to extend
the contract term for one year commencing July 1, 2023. The Parties have theretofore entered
into that Amendment No. 1 dated May 16, 2022.
2.3 Amendment Authority. This Amendment No 2 is authorized pursuant to Section 3
of the Agreement.
3. Terms.
3.1 Section 3. Section 3 of the Agreement is hereby amended in its entirety to read as
follows:
3.1.2 Term. The term of this Agreement shall be from July 1, 2023, to June 30,
2024, 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.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
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 One Hundred Thirty-Seven Thousand Two
Hundred Twenty Dollars and 00/100 ($137,220.00) annually without written
approval of the City Council or City Manager, as applicable.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all other provisions of the Agreement remain in full force and effect and shall govern the actions
of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
DocuSign Envelope ID: 745D5929-0CDD-463E-9933-D6851A93EDC0
Contract No. C40690
Page 2 of 3
obligations they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 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 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the
same instrument.
SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 745D5929-0CDD-463E-9933-D6851A93EDC0
Contract No. C40690
Page 3 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO LANDSCAPE MAINTENANCE AREA 7
AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND HORIZON PROFESSIONAL LANDSCAPE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the
Landscape Maintenance Area 7 agreement as of the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
HORIZON PROFESSIONAL LANDSCAPE,
INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
QC: _____
Insurance:
Initial Review
Final Approval
DocuSign Envelope ID: 745D5929-0CDD-463E-9933-D6851A93EDC0
Rafael Mendoza
PRESIDENT
VICE-PRESIDENT
Eric Mendoza
Contract No. C40690
EXHIBIT C
DocuSign Envelope ID: 745D5929-0CDD-463E-9933-D6851A93EDC0
1
Gloria Sanchez
From:Gloria Sanchez
Sent:Monday, April 15, 2024 3:26 PM
To:WRice@carlwarren.com
Cc:Andrea Staehle; Amber Molina
Subject:FW: James Kell DOL 08/21/2023 Claim DJP-3050689
Good afternoon, William:
Please see below responses in green.
If you have questions or need additional information, please do not hesitate to call me.
Have a nice week.
From: Melanie Slater <mslater@palmdesert.gov>
Sent: Monday, April 15, 2024 9:28 AM
To: Gloria Sanchez <gsanchez@palmdesert.gov>
Subject: FW: James Kell DOL 08/21/2023 Claim DJP-3050689
Good morning, Gloria. Here are the responses received from Brad Chuck, Landscape Supervisor.
Melanie Slater
Management Analyst
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
mslater@palmdesert.gov | 760.776.6447 | www.palmdesert.gov
From: Brad Chuck <bchuck@palmdesert.gov>
Sent: Monday, April 15, 2024 9:01 AM
To: Melanie Slater <mslater@palmdesert.gov>
Subject: RE: James Kell DOL 08/21/2023 Claim DJP-3050689
Brad Chuck
Landscape Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
bchuck@palmdesert.gov | 760.776.6482 | www.palmdesert.gov
2
From: Melanie Slater <mslater@palmdesert.gov>
Sent: Monday, April 15, 2024 8:07 AM
To: Brad Chuck <bchuck@palmdesert.gov>
Cc: Bertha Cepeda-Escobedo <bescobedo@palmdesert.gov>
Subject: FW: James Kell DOL 08/21/2023 Claim DJP-3050689
Good morning, Brad. Could you please assist with these questions?
The subject palm tree was behind the address at 44250 Kings Canyon Lane. These palm trees are along Deep
Canyon between Goleta Avenue and Royal Canyon Lane. The questions are below.
Does the City own and maintain the tree? City Maintained Tree
If not, who does? The Grove Landscape and lighting district.
Was the tree planted as part of a public project? No
What is the reasonable maintenance schedule for this type of tree? Yearly
What does staff believe was the cause of the failure? Extreme Wind
When staff inspected the tree following the failure, was there any decay or structural weakness noted? No
If so, was the decay/structural weakness visible from the outside?
Were repairs to the adjacent sidewalk or street ever made in the past? No
If so, were any of the tree’s roots pruned? NO
Was an arborist consulted prior to the roots being pruned to evaluate whether the structural integrity of the tree
could be compromised? NO
Were there documented complaints about the tree? NO
If so, what did the City do in response to those complaints?
Have other trees of this type fallen in this neighborhood? 1-3 trees over the years
If so, what was the cause of those failures, if known. Wind
If it is a City tree, please provide the tree’s historical maintenance records, any incident report or police report
prepared by staff, and any photographs taken by staff. tree has been pruned by City contractor for life of the
project.
Thank you,
Melanie Slater
Management Analyst
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
mslater@palmdesert.gov | 760.776.6447 | www.palmdesert.gov
3
1
Gloria Sanchez
From:William Rice <WRice@carlwarren.com>
Sent:Friday, February 2, 2024 4:53 PM
To:Gloria Sanchez
Cc:Andrea Staehle; Amber Molina
Subject:Re: James Kell DOL 08/21/2023 Claim DJP-3050689
Gloria,
The investigation and handling of this claim has been assigned to me.
Does the City own and maintain the tree?
If not, who does?
Was the tree planted as part of a public project?
What is the reasonable maintenance schedule for this type of tree?
What does staff believe was the cause of the failure?
When staff inspected the tree following the failure, was there any decay or structural weakness noted?
If so, was the decay/structural weakness visible from the outside?
Were repairs to the adjacent sidewalk or street ever made in the past?
If so, were any of the tree’s roots pruned?
Was an arborist consulted prior to the roots being pruned to evaluate whether or not the structural integrity of
the tree could be compromised?
Were there documented complaints about the tree?
If so, what did the City do in response to those complaints?
Have other trees of this type fallen in this neighborhood?
If so, what was the cause of those failures, if known.
If it is a City tree, please provide the tree’s historical maintenance records, any incident report or police report
prepared by staff, and any photographs taken by staff.
2
Have the Department provide comments on the claim.
Thank you.
William L. Rice
William Rice
Claims Examiner
WRice@carlwarren.com
Tel: (657) 622-4319 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, CA, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (including any attachments) is intended solely for the use of the
individual or entity to which it is addressed, and may contain information that is confidential,
proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified
that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you
have received this email in error, please delete it from your system and advise the sender immediately.
Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or
facsimile until confirmed in writing by an authorized representative of this office. We accept no
liability for any damage caused by any virus transmitted by this email. It is your responsibility to
check this email (including any attachments) for viruses.
1
Gloria Sanchez
From:Tim Varon <TVaron@carlwarren.com>
Sent:Friday, February 2, 2024 2:46 PM
To:Gloria Sanchez
Cc:William Rice; Andrea Staehle; Amber Molina
Subject:FW: CJP-3050689 - City of Palm Desert - 913 - James Kell
Attachments:Claim Against the City of Palm Desert - 913.pdf; 20240202 Kell Palm Desert
NOTIFICATION LETTER 3050689.pdf
Hi Gloria,
Please find aƩached a copy of our NoƟficaƟon LeƩer for your records.
Have a great weekend!
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.com
Tel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, CA, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This email (including any attachments) is intended solely for the use of the
individual or entity to which it is addressed, and may contain information that is confidential,
proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified
that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you
have received this email in error, please delete it from your system and advise the sender immediately.
Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or
facsimile until confirmed in writing by an authorized representative of this office. We accept no
liability for any damage caused by any virus transmitted by this email. It is your responsibility to
check this email (including any attachments) for viruses.
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
February 2, 2024
Jame C. Kell
44250 Kings Canyon Ln.
Palm Desert, CA 92260
RE: Claimant : Jame C. Kell
Date of Loss : 8/21/23
Claim Filing Date : 2/2/24
Our File Number : 3050689 WRV
Carl Warren & Company is the claims management company for the City of Palm Desert. The
above-captioned claim has been assigned to William Rice for handling. Mr. Rice may be
reached at 657-622-4319.
When our investigation is complete, we will advise you as to whether or not we can recommend
settlement.
Very Truly Yours,
CARL WARREN & CO.
Timothy M. Varon
Timothy M. Varon
Claims Supervisor
cc: Member Agency: City of Palm Desert, attn:Gloria Sanchez
1
Gloria Sanchez
From:Gloria Sanchez
Sent:Friday, February 2, 2024 12:53 PM
To:Todd Hileman; Isra Shah; Carl Warren cjpia@carlwarren.com
Cc:Chris Escobedo; Anthony Mejia; Andrea Staehle; Tim Varon
Subject:Claim Against the City of Palm Desert - 913 - James Kell
Attachments:Claim Against the City of Palm Desert - 913.pdf
Good aŌernoon,
AƩached for your review and appropriate acƟon is Claim No. 913 submiƩed by James Kell.
If you have quesƟons or need addiƟonal informaƟon, please do not hesitate to contact me.
Kind regards,
City of Palm Desert Clerk’s Office
/
h. c.. ,· -: .;:!.)
Cl ·y CLERK'S0 HC:f r ,\ L H E S -R T , C I',
Claim Against the City of Palm Desert 27
For Damage(s) to Person(s) or Personal ffltlpiili~ -2 t1 :
Instructions: Please fill out this form completely . Failure to provide sufficient information may result in
delays in claim processing . If you need an accommodation to complete or submit this form , please contact
the City Clerk 's Office Cl?ims Coordinator at cityclerk@palmdesert.gov or (760) 346-0611 .
Important Information :
1. Claims for death , injury to person or to personal property must be filed no later than six (6)
months after the occurrence .
2. Claims for damages to real property must be filed no later than one (1) year after the
occu r rence . See Government Code §911.2 .
3. Be sure claim is against the City of Palm Desert, not another public entity.
4. Claimant is advised to consult a private attorney if legal advice is desired . No employee of the
City may give legal advice to any claiman t relating to private claims .
lnstr ucciones : Complete este formulario en su totalidad . Si no brinda informaci6n suficiente , pueden
demorar el procesamiento del reclamo . S i necesita alguna acomodaci6n para completar o enviar este
formulario , comunfquese co n el Coordinador de Reclamos a la direcci6n de correo electr6n ico
cityclerk@palmdesert.gov o al telefono (760 ) 346 -0611 .
lnfor maci6n importante:
1. Los reclamos por muerte, lesiones personales o danos a la propiedad deben presentarse a mas
tardar seis (6) meses despues de haberse producido el hecho .
2. Los reclamos po r danos a bienes inmuebles deben presentarse a mas tardar un ( 1) ario despues
de haberse producido el hecho . Consulte al c6digo § 911 .2 del gobierno de California .
3. Asegurese su reclamo es hacia la ciudad de Palm Desert y no otra entidad publica .
4 . Se aconsej a al demandante consultar con un abogado privado si asf lo desean . Ningun empleado
de la ciudad puede brindar asesoramiento legal al demandante en relaci6n con reclamos privados .
Received by : m. a Im 4, ✓ &nJhez ~J.S . Ma il
Assigned Claim No . __ q--"--f--'3=-------__ Interoffice
Claimant Name/Nombre de Demandante: __ Over-the-Counter
James C.
First Name (Nombre) M.l.(lnicial de Segundo Nombre)
Kell
_Last Name (Ape/lido) Suffix (Sufijo)
Pg 1