HomeMy WebLinkAboutC26590A&B - Reimbursmnt Agreements w-City of Indian WellsREQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Authorize the Mayor to Execute Reimbursement Agreements with
the City of Indian Wells for Installation and Maintenance of
Specified Landscaped Medians Shared by the Two Cities
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: June 14, 2007
CONTENTS: Reimbursement Agreement for Median Installation
Reimbursement Agreement for Median Operation and Maintenance
Recommendation:
Authorize the Mayor to Execute:
1) An agreement with the City of Indian Wells for the installation of
landscape improvements in medians on Fred Waring Drive from
Phyllis Jackson Drive to Washington Street; and
2) An agreement with the City of Indian Wells for the operation and
maintenance of landscape improvements in medians on Fred
Waring Drive from Phyllis Jackson Lane to Washington Street, and
on Hovley Lane East along the frontage of Toscana Country Club.
Discussion:
As part of the widening of Fred Waring Drive, raised concrete median islands are being
constructed between Phyllis Jackson Drive and Washington Street. Fred Waring Drive
is bisected by the boundary line between Palm Desert and Indian Wells except for the
one -mile segment along the frontage of Toscana Country Club, which is wholly within
the City of Indian Wells. Hovley Lane East is bisected by the boundary between Palm
Desert and Indian Wells.
Because Palm Desert is accustomed to installing and maintaining water -efficient
landscapes, it is intended that Palm Desert contract for the construction and
maintenance of the medians. After construction is complete, Indian Wells will reimburse
Palm Desert for the portion of work constructed within its boundaries. Additionally, the
City of Palm Desert will periodically invoice the City of Indian Wells for the maintenance
of the subject medians.
Agreement with the City of Indian Wells — Median Installation and Maintenance
Page 2 of 2
June 14, 2007
A portion of the landscape installation (from Phyllis Jackson Drive to California Avenue)
has already been completed. The City of Palm Desert is currently maintaining these
recently -completed medians on Fred Waring Drive as well as the medians on Hovley
Lane East, with the understanding that a reimbursement agreement is forthcoming.
These two agreements with the City of Indian Wells define the roles and funding
responsibilities of each party with respect to the construction and maintenance of the
subject improvements.
A summary of the agreements is as follows:
1. The City of Palm Desert will be the lead agency for the projects.
2. The project will consist of the installation and maintenance of plant
material and hardscape in the medians on Fred Waring Drive from Phyllis
Jackson Lane to Washington Street, and the maintenance of the medians
on Hovley Lane East along the frontage of Toscana Country Club.
3. The City of Indian Wells shall be responsible for 50% of the cost of the
improvements shared between both cities, and 100% of the cost of
improvements made wholly within the City of Indian Wells
4. After the installation is complete, the City of Palm Desert will invoice the
City of Indian Wells for its portion of the cost.
5. The City of Palm Desert shall periodically invoice the City of Indian Wells
for its portion of the maintenance cost.
The attached agreements were reviewed and approved by our City Attorney. After
execution, the agreements will be sent to the City of Indian Wells for their approval.
Therefore, staff recommends that City Council, by minute motion authorize the Mayor
to execute the subject Agreements.
Approval.
Homer Croy
ACM for Dev
Carlos L. Orte
City Manager
ment Services
Dep. e/
Mark Green ood, P.E.
Director of Public Works
CITY
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REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND THE CITY OF INDIAN WELLS
FOR INSTALLATION OF LANDSCAPE IN MEDIANS
ON FRED WARING DRIVE
THIS AGREEMENT is entered into as of this day of , 2007,
by and between the City of Palm Desert, a municipal corporation ("Palm Desert') and
the City of Indian Wells, a municipal corporation ("Indian Wells"). Palm Desert and
Indian Wells are sometimes hereinafter individually referred to as a "Party" and/or
collectively referred to as the "Parties."
RECITALS
WHEREAS, Fred Waring Drive is a major roadway bisected by the boundary line
between Palm Desert and Indian Wells, and
WHEREAS, said major roadway has raised medians for landscaping that are common
to both Palm Desert and Indian Wells, and
WHEREAS, said landscape medians will enhance the safety, welfare, convenience and
enjoyment of the public using Fred Waring Drive, and
WHEREAS, Palm Desert has the capability to provide for the installation of landscape
material in the medians on Fred Waring Drive that are common to both Parties, and
WHEREAS, Palm Desert and Indian Wells find it desirable to jointly finance the cost of
the installation of the landscape in the medians since both Parties will benefit there
from, and
NOW, THEREFORE, the Parties mutually agree as follows:
I. GENERAL
a The foregoing recitals are true and correct.
b All exhibits referred to hereinafter are hereby incorporated into and
made a part of this Agreement.
2. LOCATION
The landscape medians to be installed under the terms of this Agreement
are located generally along the centerline of Fred Waring Drive between
Phyllis Jackson Lane and Washington Street, as shown on attached
Exhibit "A."
�. LEAD AGENCY
Palm Desert shall serve as the lead agency for the project.
4. INSTALLATION OF LANDSCAPE
The project shall consist of the grading and mounding, and the installation
of hardscape, irrigation equipment, and landscape plant material within
existing raised concrete medians.
S. INSTALLATION COST SHARING
Except as hereinafter provided, Indian Wells shall reimburse Palm Desert
for fifty percent (50%) of all costs incurred by Palm Desert for the
installation of common landscape medians pursuant to and in accordance
with terms of this Agreement. For medians located wholly within Indian
Wells (between Bryson Court and California Drive), the reimbursement
percentage shall be one hundred percent (100%). Indian Wells shall have
no responsibility for medians or parkways located wholly within Palm
Desert.
6. SUBMISSION OF BILLS FOR INSTALLATION
Palm Desert will submit reimbursement invoices to Indian Wells quarterly
or in such other periodic sequence as may be agreed to in advance by the
Finance Directors of Palm Desert and Indian Wells. Bills must be
submitted promptly following the close of the corresponding billing period
and shall be promptly paid by Indian Wells. Palm Desert shall maintain,
on a generally accepted accounting basis, complete and accurate records
that support all billings. These records shall be made available to Indian
Wells at reasonable times for review and shall be retained for a period of
three (3) years after payment of said billings.
7. NOTICES
Any and all notice, reimbursement invoices and payments sent or
required to be sent to the Parties to this Agreement will be mailed to the
following addresses:
Attn: Director of Public Works
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Director of Public Works
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
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8. ADDITIONALLY INSURED
Palm Desert agrees to include in their contract specifications and bid
documents prepared under this agreement a requirement that all prime
contractors shall obtain general liability and automobile liability insurance
endorsements naming the City of Indian Wells and its officials, officers,
and employees, as "additionally insured" on all liability insurance
coverage required. Palm Desert agrees to provide a copy of the
insurance certificates and endorsements to Indian Wells within 30 days of
the signing of the construction contract.
9. LEGAL RELATIONS AND RESPONSIBILITIES
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement.
Each Party hereto shall indemnify, defend and hold the other Party and its
officers, agents, servants and employees harmless from any and all
liabilities, claims, demands, debts, suits, actions and causes of actions,
including but not limited to, property damage, personal injury or wrongful
death, arising out of or in any manner connected with any act or omission
of such indemnifying Party hereunder, or its officers, agents, servants or
employees, done or performed pursuant to the terms and provisions of
this Agreement.
10. TERMINATION
This Agreement may be terminated by either party, effective 30 days
following submission of written notification of termination to the other
party.
[Signatures on Following Page]
,
- � -
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed
as of the date first written above.
CITY OF PALM DESERT ATTEST:
By: By:
RICHARD S. KELLY RACHELLE D. KLASSEN
Mayor City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
By: By:
CARLOS L. ORTEGA DAVID J. ERWIN
City Manager City Attorney
CITY OF INDIAN WELLS ATTEST:
By: By:
ROBERT BERNHEIMER GREG JOHNSON
Mayor City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM:
By: By:
GREG JOHNSON . STEPHEN P. DEITSCH
City Manager City Attorney
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REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND THE CITY OF INDIAN WELLS
FOR OPERATION AND MAINTENANCE OF LANDSCAPE MEDIANS
ON FRED WARING DRIVE AND HOVLEY LANE EAST
THIS AGREEMENT is entered into as of this day of , 2007, by and
between the City of Palm Desert, a municipal corporation ("Palm Desert') and the City of
Indian Wells, a municipal corporation ("Indian Wells"). Palm Desert and Indian Wells
are sometimes hereinafter individually referred to as a "Party" and/or collectively
referred to as the "Parties."
RECITALS
WHEREAS, Fred Waring Drive is a major roadway bisected by the boundary line
between Palm Desert and Indian Wells, and
WHEREAS, Hovley Lane East is a major roadway bisected by the boundary line
between Palm Desert and Indian Wells, and
WHEREAS, said major roadways have landscape medians that are common to both
Palm Desert and Indian Wells, and
WHEREAS, said landscape medians will enhance the safety, welfare, convenience and
enjoyment of the public using Fred Waring Drive and Hovley Lane East, and
WHEREAS, said landscape medians will require regular operation and maintenance,
and
WHEREAS, Palm Desert has the capability to provide for operation and maintenance of
landscape medians on Fred Waring Drive and Hovley Lane East, and
WHEREAS, Palm Desert and Indian Wells find it desirable to jointly finance the cost of
operating and maintaining the landscape medians since both Parties will benefit from
the landscape medians, and
WHEREAS, Palm Desert and Indian Wells will benefit from the maintenance of
landscape medians,
NOW, THEREFORE, the Parties mutually agree as follows:
I. GENERAL
a The foregoing recitals are true and correct.
b All exhibits referred to hereinafter are hereby incorporated into and
made a part of this Agreement.
2. LOCATION
The landscape medians to be operated and maintained under the terms of
this Agreement are common to Palm Desert and Indian Wells (except as
otherwise set forth in Section 4) and are located generally along the
centerline of Fred Waring Drive between Phyllis Jackson Lane and
Washington Street; and Hovley Lane East along the Toscana Country
Club property line, as shown on attached Exhibit "A."
�. OPERATION AND MAINTENANCE
a. Utilities
Palm Desert shall provide water service for irrigation to common
landscape and other medians as described in Section 4, and
electrical service as may be required for landscape medians.
b. Maintenance
Palm Desert shall provide for maintenance to common landscape
and other medians, as described in Section 4, through contract
services in accordance with its S�ecifications for Landscape
Maintenance Services for Landscape Maintenance Area Number
Two, as may be amended thereafter, attached hereto as Exhibit
"B." Palm Desert will arrange with the Contractor's insurance
company to include by means of an endorsement the City of Indian
Wells and its officials, officers, and employees, as additional
insureds for the portion of work on the common landscape and
other medians, as described in Section 4, located on Fred Waring
Drive and Hovley Lane East called for under this Agreement. Palm
Desert shall provide copies of insurance certificates and
endorsements to Indian Wells within 30 days of executing the
Contractors Agreement.
c. Immediate Repair or Replacement
When the immediate repair or replacement of a current or future
common landscape or other median, as described in Section 4, is
necessary to ensure the public safety and welfare, such
circumstances will be deemed an operational emergency. In the
event of such an operational emergency, Palm Desert shall have
24 hours to initiate repairs following discovery thereof or upon
notice from Indian Wells. If Palm Desert fails to initiate and
diligently complete such repairs in a timely manner, Indian Wells
may direct its forces to perform such work as necessary to correct
the problem and to immediately place the common landscape or
other median, as described in Section 4, back in operational
condition. If such procedure is implemented, Indian Wells will
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deduct all expenses incurred for such repairs from its share of all
costs incurred by Palm Desert for the operation and maintenance of
said common landscape or other median, as described in
Section 4.
4. MAINTENANCE COST SHARING
Except as hereinafter provided, Indian Wells shall reimburse Palm Desert
for fifty percent (50%) of all costs incurred by Palm Desert for the
operation and maintenance of common landscape medians pursuant to
and in accordance with terms of this Agreement. For medians located
wholly within Indian Wells (between Bryson Court and California Drive),
the reimbursement percentage shall be one hundred percent (100%).
These costs include, but are not limited to, the following:
water
landscape maintenance contract
irrigation system repair/modifications
shrub and tree pruning
shrub replacement
tree staking and replacement
pest control
fertilization
decomposed granite — raking, replacement and renovation
boulder and cobble repair/replacement
hardscape repair/replacement
trash and sand removal
signage repair/replacement
S. SUBMISSION OF BILLS FOR OPERATION AND MAINTENANCE
Palm Desert shall submit reimbursement bills to Indian Wells quarterly or
in such other periodic sequence as may be agreed to in advance by the
Finance Directors of Palm Desert and Indian Wells. Bills for less than Five
Hundred Dollars ($500.00) shall not be submitted more than once each
quarter. Bills must be submitted promptly following the close of the
corresponding billing period and shall be promptly paid by Indian Wells.
Palm Desert shall maintain, on a generally accepted accounting basis,
complete and accurate records that support all billings. These records
shall be made available to Indian Wells at reasonable times for review and
shall be retained for a period of three (3) years after payment of said
billings.
6. NOTICES
Any and all notice, reimbursement bills and payments sent or required to
be sent to the Parties to this Agreement will be mailed to the following
addresses:
,
- � -
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Director of Public Works
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
Attn: Director of Public Works
7. LEGAL RELATIONS AND RESPONSIBILITIES
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement.
Each Party hereto shall indemnify, defend and hold the other Party and its
officers, agents, servants and employees harmless from any and all
liabilities, claims, demands, debts, suits, actions and causes of actions,
including but not limited to, property damage, personal injury or wrongful
death, arising out of or in any manner connected with any act or omission
of such indemnifying Party hereunder, or its officers, agents, servants or
employees, done or performed pursuant to the terms and provisions of
this Agreement.
8. TERMINATION
This Agreement may be terminated by either party, effective 30 days
following submission of written notification of termination to the other
party.
[Signatures on Following Page]
- 4 -
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed
as of the date first written above.
CITY OF PALM DESERT ATTEST:
By: By:
RICHARD S. KELLY RACHELLE D. KLASSEN
Mayor City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
By: By:
CARLOS L. ORTEGA DAVID J. ERWIN
City Manager City Attorney
CITY OF INDIAN WELLS ATTEST:
By: By:
ROBERT BERNHEIMER GREG JOHNSON
Mayor City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM:
By: By:
GREG JOHNSON . STEPHEN P. DEITSCH
City Manager City Attorney
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« '�
Speci�cations for
Landscape Maintenance Services
for
Landscape Maintenance Area
Number Two
�T�
CITY OF PALM DESERT
RIVERSIDE COUNTY
CALIFORNIA
CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR
LANDSCAPE MAINTENANCE AREA NO. 2
CONTRACT NO. C26400
PROJECT NO. 902-07
APPROVED BY
�
A REENWOOD, P .E.
DI CT OF PUBLIC WORKS
73-510 RED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
April 2007
TABLE OF CONTENTS
LANDSCAPE MAINTENANCE AREA NO. 2
CONTRACT NO. C26400
PROJECT NO. 902-07
PAGE
CONTRACT DOCUMENTS
NOTICE INVITING BIDS .................................................................................3
INSTRUCTIONS TO BIDDERS.......................................................................5
AFFIDAVIT OF NON-COLLUSION.................................................................8
CONTRACTOR'S PROPOSAL.....................................................................10
GENERAL TERMS AND CONDITIONS........................................................15
SPECIFIC TERMS AND CONDITIONS.........................................................22
AGREEMENT................................................................................................35
ATTACHMENTS
EXTRA WORK PRICING SCHEDULE..........................................................40
FREQUENCY SCHEDULE............................................................................43
FREQUENCY SCHEDULE LEGEND............................................................50
MAPS
NOTiCE INVITING BIDS
LANDSCAPE MAINTENANCE AREA NO. 2
CONTRACT NO. C26400
PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert, as AGENCY invites
sealed bids for the above stated project and will receive such bids in the offices of the City Clerk
up to the hour of 9:15 am on Thursday, May 11, 2007, at which time they will be publicly
opened and read aloud.
The work to be done consists of furnishing all materials eyuipment, tools, labor, and incidentals
as requircd by the Specifications and Contract Documents for the above stated project.
Specifications and Contract Documents are available from the AGENCY.
This contract will be for a twelve (12) month period starting July 1, 2007, with an option for a
one-year extension based on contract performance and at the City's discretion.
In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as
amcnded, the Director of the Department of Industrial Relations has determined the general
prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for
the locality in which the Work is to be performed. In accordance with City Ordinance No. 859,
this project shall not reyuire prevailing wage payments. Any contract entered into pursuant to �
this notice will incorporate the provisions of the State labor Code except that this project shall
not be subjcct to prevailing wage law (Labor Code Section 1770, et. seq.). A copy of said wage
rates can be obtained by accessing the Department of Industrial Relations website at:
www.dir.ca.�ov/DLSR/statisticsreasearch.html, or by contacting the District Office at 464 West
Fourth Street, Room 348, San Bernardino, CA 92401, telephone (909) 383-4334. In accordance
with City Ordinance No. 859.
The contract documents call for monthly progress payments based upon the Landscape
Manager's estimate of the percentage of work completed.
At the reyuest and expense of the successful bidder, the City will pay the amounts so retained
upon compliance with the requirements of Government Code Section 4590 and the provisions of
the contract documents pertaining to the Substitution of Securities.
Bids must be prepared on the approved proposal forms in conformance with the Instructions to
Bidders and submitted in a sealed envelope plainly marked on the outside "SEALED BID FOR
LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C26400, PROJECT NO.
902-07) - DO NOT OPEN WITH REGULAR MAIL."
A Pre-Bid Meeting will be held on Thursday, May 3, 2007 at 2:OOpm in the Administrative
Conference Room.
All questions must be put in writing and be received by the City no later than 8:OOam on Friday,
May 4, 2007. Requests for clarifications, questions and comments clearly labeled, "Written
Questions" and addressed to H. Spencer Kni�;ht, City of Palm Desert, Department of� Public
Works. The City is not responsible for failure to respond to a request that has not been labeled as
such.
Page 3 of 49
The AGENCY reserves the right to reject any or all bids, to waive any irregularity, to accept atly
bid or portion thereof, and to takc all bids under advise�nent for a period of sixty(60) days.
At the time of contract award, the prime contractor shall possess a C-27 license.
BY ORDER OF the City Council of the City of Palm Desert.
Dated this day of , 20
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
Page 4 of 49
INSTRUCTIONS TO BIDDERS
1. Form of Proposal. The proposal must be made on the form of
Contractor's Proposal, which is included in the Contract Documents and must be
completely filled in, dated and signed. If provision is made for alternatives, they must all
be bid, unless otherwise provided in the Special Provisions. Bids must be submitted on
all items and schedules included in the Contract Documents. FAILURE TO BID ON
ALL ITEMS AND SCHEDULES MAY RESULT IN THE BID BEING REJECTED AS
NON-RESPONSIVE.
2. Bid Bond. The Proposal will not require a Bid Bond.
3. Submission of Proposal. A proposal must be submitted in a sealed
opaque envelope that clearly identifies the bidder and the project. Bids must be
received by the time and at the place set forth in the Notice Inviting Bids and may be
withdrawn only as stated in the proposal.
4. Contract Documents. The complete Contract Documents are identified
in the Agreement. Potential bidders are cautioned that the successful bidder incurs
duties and obligations under all of the Contract Documents and that they should not
merely examine the Plans and Specifications in making their bid.
5. License. To be considered, a potential bidder must have the kind of
license required under provisions of the California Business and Professions Code for
the work covered in its Proposal when its bid is submitted. This includes a joint venture
formed to submit a bid.
6. Quantities. This contract is a unit price bid for all work shown on plans
and specifications. Quantities shown are but estimates and final payment will be based
upon the methods outlined in the Standard Specifications or as modified by the Special
Provisions contained herein.
7. Interaretation of Documents. Discrepancies, omissions, ambiguities,
and requirements likely to cause disputes between trades and similar matters shall be
promptly brought to the attention of the OWNER, in writing, and to the attention of the
Director of Public Works. When appropriate, Addenda will be issued by the OWNER.
No communication by anyone as to such matters except by Addenda affects the
meaning or requirements of the Contract Documents.
8. Addenda. OWNER reserves the right to issue Addenda to the Contract
Documents at any time prior to the time set to open bids. Each potential bidder shall
leave with the OWNER its name, address and phone number for the purpose of
receiving Addenda. OWNER will cause copies of Addenda to be mailed or delivered to
such names at such addresses. To be considered, a Contractor's Proposal must list
and take into account all issued Addenda. Bids, to be acceptable, must acknowledge
receipt of all Addenda.
9. Inspection of Site. Bidder must examine the site and acquaint
themselves with alt conditions affecting the work. By making its bid a bidder warrants
Page 5 of 49
that it has made such site examination, as it deems necessary as to the condition of the
site, its accessibility for materia�s, workmen and utilities and ability to protect existing
surface and sub-surface improvements. No claim for allowances, time or money, will be
allowed as to such matters.
10. Bids. Bids are required for the entire work. The amount of the bid for
comparison purposes will be the total of all items. In case of discrepancy between the
item price and the total set forth for the item, the item price shall prevail, provided
however, if the amount set forth as an item price is ambiguous, unintelligible or
uncertain for any cause, or is omitted, or in the case of unit basis items, is the same
amount as the entry in the "total column", then the amount set forth in the "Total"
column for the item shall prevail in accordance with the following:
a. As to lump sum items, the amount set forth in the "Total" column
shall be the item price.
b. As to unit basis items, the amount set forth in the "Total" column
shall be divided by the estimated quantity for the item and the price
thus obtained shall be the item price.
The evaluation.of bids and award of contract shall be based solely on the final
decision of the City. The City reserves the right to award the contract on either of the
schedules to the lowest responsible bidder.
11. Award of Contract. Acceptance by the OWNER at a meeting regularly
called and held of a Contractor's Proposal authorizes OWNER to enter into a contract
subject to the execution by both CONTRACTOR and OWNER of a written agreement
evidencing said contract, and CONTRACTOR providing all requirements set forth in
said contract including, but not limited to, insurance and bonding requirements.
CONTRACTOR is advised that the OWNER has up to 90 days from Award of Contract
within which to issue the Notice to Proceed.
12. Return of Guarantee. (If Applicable): Bid Bonds or checks of
unsuccessful bidders will be returned by mail when the executed agreement and bonds
are received by OWNER. Bid Bonds of the successful bidder will not be returned but is
exonerated by its execution and delivery of the Agreement and the bonds. If the
guarantee of the successful bidder is a check, it will be returned at the time a Bid Bond
would be exonerated.
13. Qualifications of Bidders. No award will be made to any bidder who
cannot give satisfactory assurance to the OWNER as to his own ability to carry out the
contract, both from his financial standing and by reason of his previous experience as a
contractor on work of the nature contemplated in the contract. The bidder may be
required to submit its record of work of similar nature to that proposed under these
specifications, and unfamiliarity with. the type of work may be sufficient cause for
rejection of bid.
14. Sublettin� and Subcontractin�. Bidders are required pursuant to the
Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the
Page 6 of 49
Government Code) to list in their proposal the name and location of place of business of
each sub-contractor who will perform work or labor or render services in or about the
construction or maintenance of the work or improvement or a sub-contractor who will
specifically fabricates and installs a portion of the work or improvement according to
detailed drawings contained in the Plans and Specifications in excess of one half of one
percent (0.5%) of the prime CONTRACTOR'S total bid. Failure to list a sub-contractor
for any portion of the work under the guidelines above implies that the
CONTRACTOR'S own forces will do that portion of the work. It is the OWNER'S intent
for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the
work.
15. Substitution of Securities in Lieu of Retention. CONTRACTOR is
advised that he may, at his sole cost and expense, substitute securities equivalent to
any monies withheld by the OWNER to insure performance under the contract. Such
securities shall be deposited with the OWNER or with a State or Federally Chartered
Bank as escrow agent and shall pay such monies to the CONTRACTOR upon
satisfactory completion of the contract. The CONTRACTOR shall be the beneficial
owner of any securities substituted for monies withheld and shall receive any interest
thereon. Securities eligible for investment under this section shall include those listed in
Government Code Section 16430 or bank or savings and loan certificates of deposit.
16. Government Code Section 4551. In entering into a public works contract -
or a subcontract to supply goods, services, or materials pursuant to a public works
contract, the CONTRACTOR or sub-contractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Section)" or under the Cartwright Act
(Chapter 2 (commencing with Section 16700) or Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials pursuant to
the public works contract or the subcontract. This assignment shall be made and
become effective at the time the awarding body tenders final payment to the
CONTRACTOR, without further acknowledgment by the parties.
17. Pre-Bid Conference. A pre-bid conference will be held on Thursday,
May 3, 2007 at 2:OOpm in the Administrative Conference. This meeting is not
mandatory; however, it is highly recommended.
* 15 U.S.C.A. Chapter 15
Page 7 of 49
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
CONSOLIDATED MAINTENANCE AREA NO. 2
CONTRACT NO. C26400
STATE OF CALIFORNIA)
)SS
COUNTY OF RIVERSIDE�
being first duly sworn, deposes and says: that
he is of
(insert"Sole OWNER","Partner",or other proper title) (insert name of bidder or other proper title)
who submits herewith to the City of Palm Desert, a Proposal;
That all statements of fact in such Proposal are true; That such Proposal was not made
in the interest of or on behalf of any undisclosed person, partnership, company,
association or corporation; That such Proposal is genuine and not collusive or sham;
That such bidder has not, directly or indirectly, by agreement, communication or
conference with anyone attempted to induce action prejudicial to the interest of the City
of Palm Desert, or of any other bidder of anyone else interested in the proposed
contracts; and further,
That prior to the public opening and reading of Proposal, said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a
false or sham Proposal.
(b) Did not, directly or indirectly, collude, conspire, connive or agree with
anyone else that said bidder or anyone else would submit a false or
sham Proposal, or that anyone should refrain from bidding or withdraw
their Proposal.
(c) Did not, in any manner, directly or indirectly, seek by agreements,
communications, or conference with anyone to raise or fix any
ovefiead, profit, or cost element of this Proposal price, or that of
anyone else.
(d) Did not, directly or indirectly, submit their Proposal price or any
breakdown thereof, or the contents thereof, or divulge information or
data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof, or to any individual or group of individuals, except to�the City of
Palm Desert or to any person or persons who have a partnership of
other financial interest with said bidder in his business.
Page 8 of 49
(e) That no councilperson, officer, agent or employee of the City of Palm
Desert, is personally interested, directly or indirectly, in this contract, or
the compensation, oral or in writing, of the City Council its officers,
agents or employees, has induced them to enter into this Contract,
excepting only those contained in this form of Contract and the papers
made a part hereof by its terms.
Subscribed and sworn to before me this day of , 20
By:
Notary Public in and for said
County and State Title:
Page 9 of 49
CONTRACTORS PROPOSAL
CITY OF PALM DESERT SUBMISSION FORM
LANDSCAPE MAINTENANCE SERVICES FOR:
CONSOLIDATED MAINTENANCE AREA NO. 2
TO: CITY CLERK
City of Palm Desert
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned declares that they have carefully examined the Specifications
accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof,
is authorized to represent the bidding firm and propose services to Palm Desert.
It is understood that the price shown hereon includes all routine and seasonal
maintenance described in the specifications.
For each item, the averaged one-month maintenance cost shall be indicated and the
total of these costs shall be extended for the term of the contract.
ITEM DESCRIPTION PRICE PRICE
MONTHLY ANNUALLY
1. Monterey Avenue Medians, South of $ $
Count Club to H 111
2. Fred Waring Drive Medians east of Phyllis $ $
Jackson to Washin ton Street
3. Fred Waring Drive Medians west of Phyllis $ $
Jackson to H 111
4. Town Center Wa Medians $ $
5. Cook Street Medians — Fred Waring to $ $
south of Count Club
6. Hovley Lane East Medians — Portola $ $
Avenue to Washin ton Street
7. Portola Avenue Median and the eastside $ $
arkwa between Alessandro & EI Cortez
8. Via Cinta Medians $ $
9. Ph Ilis Jackson Lane East Side $ $
10. EI Dorado Drive Medians - Country Club to $ $
Hovle East
11. Washington Street Medians — Fred Waring $ $
to North Cit Limits
12. 47833 Joni Drive Old Cor oration Yard $ $
13. Cor oration Yard $ $
14. Mag Falls Median — Monterey to Deep $ $
Can on
15. San Pablo Avenue Medians — Hwy 111 to $ $
Ma nesia Falls
TOTAL $ $
Page 10 of 49
CONTRACTORS PROPOSAL (CONTINUED)
TOTAL AMOUNT BASE BID IN FIGURES $
TOTAL AMOUNT BASE BID IN WORDS
The costs of any work shown or required in the Plan and Specifications, but not
specifically identified as a Pay Item are included in the Pay Items, and no additional
compensation shall be due Contractor by virtue of Contractor's compliance with the
Plans and Specifications.
COMPANY
ADDRESS
( ) ( )
TELEPHONE FAX
BID PREPARED BY TITLE
SIGNATURE DATE
TECHNICAL ABILITY AND EXPERIENCE
The bidder must verify acceptable experience of diversified landscape maintenance,
which will enable the City to judge the responsibility, experience, skill, and
business/financial standing of the bidder.
Due to the location and the unique nature of the plant material associated with this
maintenance area, the City Council of the City of Palm Desert reserves the right to
reject bids from firms that do not reflect adequate training, experience and qualifications
to conduct the necessary wo�lc.
Additional numbered pages outlining information required or this portion of the proposal
shall be attached as necessary.
The bidder is required to state all work of a similar character to that included in the
proposed contract that he has performed in the last three years. Provide references with
an address, contact person and phone number.
Page 11 of 49
CONTRACTORS PROPOSAL (CONTINUED)
Contract Class of Date Name, Address � Telephone
Amount Work Completed No. of Owner
1
2
3
Due to the location, size/extent and maintenance requirements of the maintenance
area, bidder is required to state how he will provide the necessary maintenance and
services in the specifications. State the estimated manpower your company will use
each week to fulfill the contract, including supervision, irrigation and general labor sub-
categories. Include the horticultural training and/or experience of the personnel that will
be used to oversee and/or perform the various tasks outlined in the specifications.
CONTRACTORS PROPOSAL (CONTINUED)
Page 12 of 49
Please include the following:
Loca/ O�ce
Address:
Phone: ( )
Emergency Contact Person
Name:
Phone:
Sub-Contractor List:
List the names and addresses of each sub-contractor who will perform work in or about
the maintenance area, and indicate what portion of the work will be done by each sub-
contractor:
Subcontractor's Name:
License Number:
Address:
Telephone: ( )
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: ( )
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: ( )
Work to be performed:
Page 13 of 49
GENERAL TERMS AND CONDITIONS
BUSINESS TAX
The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained
before any business or trade is conducted within the City. City will obtain verification
that the bidder has a valid City of Palm Desert Business Tax Receipt prior to the
execution of the contract.
CONTRACT RE UIREMENT
The bidder to who award is made shall execute a written agreement with the City within
ten (10) calendar days after notice of the award has been sent by mail to it at the
address given in this proposal. The agreement shall be made in the form adopted by the
City and incorporated in the specifications.
FAILURE TO ACCEPT CONTRACT
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled, and an award may be made to the next lowest responsible bidder, and that
bidder shall fulfill every stipulation as if it were the party to whom the first award was
made.
LABOR ACTIONS
In the event that the selected bidder is experiencing a labor action at the time of the
award of the contract (or if its suppliers or subcontractors are experiencing such a labor
action), the City reserves the right to declare said bidder is no longer the lowest
responsible bidder and to accept the next acceptable low bid from a bidder that is not
experiencing a labor action, and to declare it to be the lowest responsible bidder.
WORKER'S COMPENSATION COVERAGE
The Contractor shall procure and maintain, during the life of the contract, workers
compensation insurance for all his or her employees engaged on or at the site of the
project; and in case any of the work is sublet, the Contractor shall require all sub-
contractors to simila�ly provide worker's compensation insurance by protection afforded
by, worker's compensation insurance carried by the Contractor.
SAFETY PROGRAM
Upon request by the City, the Contractor shall furnish the City with a copy of their
California OSHA required Injury and Illness Prevention Plan, or written description of
their exemption.
Page 14 of 49
GENERAL TERMS AND CONDITIONS (CONTINUED)
CALIFORNIA OSHA
The Contractor is fully responsible for ensuring that all work performed under this
contract is in compliance with the California OSHA standards and regulations. Any
delays in project completion, fines, legal fees, consulting costs or other losses stemming
from California OSHA actions against the contractor for work performed under this
agreement are the sole responsibility of the Contactor.
CONTROLLING EMPLOYER
The Contractor shall acknowledge that for the purposes of maintaining compliance with
all California OSHA regulations and Standards they are the "controlling employer: for all
their work sites.
INSURANCE - HOLD HARMLESS
Workers' Compensation/Emplover Liabilitv Insurance: The Contractor shall procure
and maintain, at its sole expense, Worker's Compensation statutory benefits as required
by the State of California. Employer's Liability insurance limits shall not be less than �
Two Million Dollars ($2,000,000.00) per accident for bodily injury or disease. Unless
otherwise agreed, this policy shall be endorsed to waive any right of subrogation as
respects the City, it's officers, volunteers, employees and agents. Insurance in such
amount as will fully comply with the laws of the State of California and which shall
indemnify, insure and provide legal defense for both the Contractor, the OWNER, and
the Engineer against any loss, claim, or damage rising from any injuries or occupational
diseases happening to any worker employed by the Contractor in the course of carrying
out the agreement herein.
Liabilitv Insurance: During the entire term of this agreement Contractor agrees to
procure and maintain public liability insurance at its sole expense to protect against loss
from liability imposed by law for damages on account of bodily injury, including death
there from, suffered or alleged to be suffered by any person or persons whomsoever,
resulting directly or indirectly from any act or activities of the OWNER or Contractor, or
its subcontractors, or any person acting for the OWNER or Contractor, or its
subcontractors, or under its control or direction. Such public liability and property
damage insurance shall also provide for and protect the OWNER against incurring any
legal cost in defending claims for alleged loss. Such public liability and property damage
insurance shall be maintained in full force and effect throughout the term of the
Agreement and any extension thereof in the following minimum limits: .
Bodily Injury $ 500,000 each person
$1,000,000 each occurrence
$2,000,000 aggregate products
& complete operations
Page 15 of 49
GENERAL TERMS AND CONDITIONS (CONTINUED)
Property Damage $ 200,000 each occurrence
$ 500,000 aggregate
A combined single limit policy with aggregate limits in the amount of $2,000,000 will be
considered equivalent to the required minimum limits.
The Contractor and its subcontractors shall carry automobile insurance, with limits of
liability equal to those required for public liability insurance
All of such insurance shall be primary insurance and shall name the City of Palm
Desert, its officers, agents and employees as an additional insured by in endorsement
to the policy.
Contractor agrees that provisions of this Section as to maintenance of insurance shall
not be construed as limiting in any way the extent to which the Contractor may be held
responsible for the payment of damages to persons or property resulting from the
Contractor's activities, the activities of its Contractor or the activities of any person or
persons for which Contractor is otherwise responsible.
Commercial General LiabilitvlUmbrella Insurance: Primary insurance shall be
provided on ISO-CGL form No. CG 00 01 11 85 or 88. The total limit shall be no less
than; Two Million Dollars ($2,000,000) general aggregate. The "City, its officers,
employees, volunteers and agents" are to be covered as additionally insured using ISO
additional insured endorsement form CG 20 10 11 85 (in no event will the City accept
an endorsement form with an edition date later than 1990). Coverage shall apply on a
non- contributing basis in relation to any other insurance or self-insurance, primary or
excess, available to the City, or any officer, volunteer, agent or employee of the City.
Coverage shall not be limited to the vicarious liability or supervisory role of any
additional insured. Any deductibles or self-insured retentions must be declared to the
City and approved by the Risk Manager prior to the commencement of work.
Coverage shall be provided on a "pay on behalf basis, with defense costs payable in
addition to the policy limits. There will be no cross liability exclusion. Policies shall have
concurrent starting and ending.
Business Automobile Insurance: Primary insurance shall be written on ISO Business
Auto Coverage form CA 00010692 including symbol 1 (ANY AUTO). Limits shall be no
less than $1 million per accident. Starting and ending date shall be concurrent.
The Contractor and City further agree as follows:
1. Contractor agrees to provide evidence of the insurance required herein,
satisfactory to City, consisting of certificate(s) of insurance evidencing all of the
coverage required and an additional insured endorsement to Contractor's general
Page 16 of 49
GENERAL TERMS AND CONDITIONS (CONTINUED)
liability and umbrella liability policies (if any) using ISO form CG 20101185.
Certificate(s) are to reflect that the insurer will provide 30 days notice of any
cancellation of coverage. Contractor agrees to require its insurer will provide 30
days notice of any cancellation of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation,
and to delete the word "endeavor" with regard to any notice provisions.
Contractor agrees to provide complete copies of policies to City upon request.
2. This Section supercedes all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
3. Nothing contained in this Section is to be construed as affecting or altering the
legal status of the parties to this Agreement. The insurance requirements set
forth in this Section are intended to be separate and distinct from any other
provision in this Agreement and shall be interpreted as such.
4. All insurance coverage and limits provided pursuant to this agreement shall apply
to the full extent of the policies involved, available or applicable. Nothing
contained in this Agreement or any other agreement relating to the City or its �
operation limits the application of such insurance coverage.
5. All general or auto liability insurance coverage provided pursuant to this
Agreement, or any other agreements pertaining to the performance of this
Agreement, shall not prohibit Contractor, and Contractor's employees, or agents,
from waiving the right of subrogation prior to a loss Contractor hereby waives all
rights of subrogation against City.
6. In the event any policy of insurance required under this Agreement does not
comply with these requirements or is canceled and not replaced, the City has the
right but not the duty to obtain the insurance it deems necessary and Contractor
will promptly reimburse any premium paid by the City.
7. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Such proof will be furnished within
72 hours of the expiration of the coverages.
8. Any actual or alleged failure on the part of the City or any other additional insured
under these requirements to obtain proof of insurance required under this
Agreement in no way waives any right or remedy the City or any additional
insured, in this or any other regard.
9. Contractor agrees to require all subcontractors or other parties hired for this
project to provide general liability insurance naming as additional insured all
parties to this Agreement. Contractor agrees to obtain certificates evidencing
such coverage and make reasonable efforts to ensure that such coverage is
provided as required here. Contractor agrees to require that no contract used by
any subcontractor, or contracts Contractor enters into on behalf of City, will
reserve the right to charge back to City the cost of insurance required by this
Agreement. Contractor agrees that all agreements with subcontractors or others
Page 17 of 49
GENERAL TERMS AND CONDITIONS (CONTINUED)
with whom Contractor contracts with on behalf of City, will be submitted to City
for review. Failure of City to request copies of such agreement will not impose
any liability on City or its employees.
10.Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor that includes City as a defendant. City assumes no obligation or
liability of by such notice, but has the right, but not the duty, to monitor the
handling of any such claim or claims if they are likely to involve City.
11.The Contractor shall furnish the City with original endorsements effecting
coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be provided on standard ISO forms noted above. All
endorsements are to be received and approved by the Risk Manager prior to the
commencement of work.
INDEMNITY AGREEMENT
Indemnitv A�reement: The Contractor and City agree that the "City, its officers,
employees, volunteers and agents" should, to the extent permitted by law, be fully
protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney fees, �
litigation costs, defense costs' court costs or any other cost arising out of or in any way
related to the performance of this Agreement. Accordingly, the provisions of this
indemnity provision are intended by the parties to be interpreted and construed to
provide the fullest protection possible under the law to the City. The contractor
acknowledges that the City would not enter into this Agreement in the absence of the
commitment of the Contractor to indemnify and protect the City as set forth here.
To the full extent permitted by law, the Contractor shall defend, indemnify and hold
harmless the City, its employees, volunteers, agents and officials, from any liability
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney fees incurred by City, court costs, interest, defense costs
including expert witness fees and any other costs or expenses of any kind whatsoever
without restriction or limitation incurred in relation to, as a consequence of or arising out
of or in any way attributable actually, allegedly or impliedly, in whole or in part to the
perFormance of this agreement
All obligations under this provision are to be paid by the Contractor as the City incurs
them.
Without affecting the rights of the City under any provision of this agreement or this
section, the Contractor shall not be required to indemnify and hold harmless the City as
set forth above for liability attributable to the sole fault of the City, provided such sole
fault is determined by agreement between the parties or the findings of a court of
competent jurisdiction. This exception will apply only in instances where the City is
Page 18 of 49
GENERAL TERMS AND CONDITIONS (CONTINUED)
shown to have been solely at fault and not in instances where the Contractor is solely or
partially at fault or in instances where the City's fault accounts for only a percentage of
this liability involved. In those instances, the obligation of the Contractor will be all-
inclusive and the City will be indemnified for all liability incurred, even though a
percentage of the liability is attributable to conduct of the City.
Hold Harmless: Contractor agrees to indemnify, defend and save OWNER, its officers,
agents and employees harmless from any and all liability claims, damages or injuries to
any person, including injury to Contractor's employees and all claims which arise from
or are connected with the negligent performance of or failure to perform the work or
other obligations of this Agreement, or are caused or claim to be caused by the
negligent acts of Contractor, it agents or employees, and, all expenses of investigating
and defending against same; provided, however, that this indemnification and hold
harmless shall not include any claim arising from the sole negligence or willful
misconduct of the OWNER, its gents or employees.
CONTRACT ASSIGNMENT
The Contractor shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or
business entity or any kind without the previous written consent of the City Council of
the City of Palm Desert.
NON-DISCRIMINATION
In the performance of the terms of this contract, the Contractor agrees that it will not
engage in, nor will it permit its sub-contractors to discriminate in the employment of
persons because of age, race, color, sex, national origin or ancestry, or religion.
LOCAL OFFICE
The Contractor shall maintain a local office with a competent representative that can be
reached during normal working hours and authorized to discuss matters pertaining to
this contract with the City. A local office is one that can be reached by telephone without
it being a toll call. An answering service or mobile telephone shall not fulfill the
requirement for a local office.
PERSONNEL
The Contractor shall furnish sufficient supervisory and working personnel capable of
accomplishing, on schedule, all work required under this contract.
Page 19 of 49
GENERAL TERMS AND CONDITIONS (CONTINUED)
CONTRACTOR IDENTIFICATION
The Contractor shall insure that all working personnel are identified by a work uniform
that, at a minimum, consists of a shirt that identifies the company. All work vehicles
used on the project shall also be identified, at a minimum, with the company name
adequately displayed on both sides of the vehicles.
PAYMENT TERMS
The Contractor shall be paid monthly, in arrears, for the work specified and performed
satisfactorily under this contract. The City's payment terms are thirty (30) days from the
receipt of an original invoice, revised reports and acceptance of materials, supplies, or
services (Net 30).
PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT
The City of Palm Desert has set up very specific criteria in which to evaluate the
pertormance of the Contractor on a weekly basis. If performance by the Contractor is
deficient, the City reserves the right to subtract a cost from the monthly billing. Since it is
difficult to quantify and assess a value to every aspect of the work, the City shall
implement a standard $100 cost per incident. The following describes deficiencies:
1. Lack of compliance to specifications, i.e., failure to adequately mow, edge,
litter pick, sweep/rake, weed, prune, remove dead plant material, etc.
2. Failure to provide specified reports or to falsify reports.
3. Failure to supply adequate equipment, labor or supervision.
4. Failure to repair irrigation deficiencies in the allotted time frame.
5. Failure to comply with schedules. Variances may be approved by request.
Delays in part acquisition or adverse weather conditions will be taken into
consideration.
6. Failure to protect public health and safety.
7. Failure to provide contractor/company identification on vehicles or for
employees
8. 3 consecutive fines may be viewed by the City as failure to execute
contract and may choose to terminate the contract.
SEVERABILITY
If any term, provision or condition of this agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
Page 20 of 49
SPECIFIC TERMS AND CONDITIONS
LANDSCAPE MAINTENANCE AREA NO. 2
CONTRACT NO. C26400
CONTRACT LOCATIONS
Monterey Avenue Medians, South of Country Club to Hv►ry 111
Fred Waring Drive medians, east of Phyllis Jackson to Washington Street, including the
south sidewall landscape/entry to Goleta.
Fred Waring Drive Medians, west of Phyllis Jackson to Hwy 111
Town Center Way medians, between Highway 111 and Fred Waring Drive.
Cook Street Medians — Fred Waring to south of Country Club, between EI Paseo Drive
and the Whitewater Channel.
Hovley Lane East Medians, between Portola Avenue and Beacon Hill, and from
Waterway Drive to 600' east of Oasis Club Drive.
Portola Avenue Median and the East side parkway between Alessandro and EI Cortez.
Via Cinta Median, from Hovely Lane East to end
Phyllis Jackson Lane Walls, approximately 320 lineal feet south of Fred Smith Way
EI Dorado Drive Median, from Country club Drive to Hovley Lane East
Washington Street Medians— Fred Waring to Country Club Drive
Frontage at 74833 Joni Drive (old Corporation Yard)
Corporation Yard at 74-705 42nd Avenue
Magnesia Falls Median — Monterey to Deep Canyon including the section of the north
side parkway at Deep Canyon Road
San Pab�o Avenue Medians, between Highway 111 and Alessandro
SCHEDULING OF WORK
The contractor shall provide a monthly schedule in accordance with the Palm Desert
Municipal Code, pertaining to work hours. Maintenance and operation of equipment
shalt be performed only during the time periods as follows:
October 1 to April 30:
Monday - Friday 7:00 a.m. to 5:30 p.m.
Saturday and Sunday By City Approval Only
Mav 1 to September 30:
Monday- Friday 6:00 a.m. to 7:OOp.m.
Saturday and Sunday By City Approval Only
Page 21 of 49
The Contractor shall notify the City at least 24 hours in advance of any work outside the
hours defined above. Emergence work directed by the City is not impacted by these
restrictions.
SCOPE OF SERVICES
Contractor shall provide the necessary manpower and equipment to maintain the areas
listed in the specified locations at the level of maintenance and service defined by the
City, for a period of twelve months commencing July 1, 2007. The City has the option of
extending the contract for one after this term, based on performance by the Contractor.
The work shall include, but is not limited to, proper horticultural maintenance of all
landscape materials and hardscape structures as designated; inspection of irrigation
system and expedient implementation of necessary adjustments and repairs; weed and
pest control; litter and trash removal.
SPECIFIC SERVICES TO BE PERFORMED
Includes, but is not limited to the following:
Litter Control
A. The removal of all trash, such as paper, cans, bottle, broken glass, dog
droppings and any out of place or discarded items.
B. The removal of dried plant material, such as hanging or fallen tree limbs, leaves,
branches, dried up and/or dead plant material and wood pieces.
C. The Contractor shall perform litter removal as outlined in the Frequency
Schedule.
D. All surfaces will be raked or swept after litter and/or weeds are removed.
E. All refuse shall be removed and taken to a sanitary landfill at the Contractors
expense. Green waste shall be disposed of in manner identified later in this
section.
Sidewalk/Hardscape Area Cleaning
Contractor shall maintain and clean any accumulated sand, gravel, grass and plant
clippings or debris on all sidewalk and hardscape areas within the defined park and
Landscape Maintenance Area boundaries. All surfaces will be raked or swept after litter
and/or weeds are removed. This shall be performed on a continuous basis. See
Frequency Schedule.
Chemical Applications �
The Contractor shall provide complete and continuous control and/or eradication of all
plant pests including weeds and dise�ses at no extra cost. The Contractor shall provide
control and/or eradication of other landscape pests such as gophers, snails and ants.
The only exception to this is with regards to bees. The contractor will be responsible for
reporting to the City any bee activity (swarms or hives) immediately. Preventative
fungicide shall be applied as necessary. The contractor shall obtain necessary permits
Page 22 of 49
and licenses to comply with The City, County, State or Federal laws for using pest
control chemicals. The Contractor will assume responsibility and liability of use of
chemical controls. The Contractor shall be responsible for the safe and proper
application of all chemicals. The Contractor shall be responsible for the replacement of
any plants, turf, and trees killed or damaged by improper chemical applications.
Submitted with their monthly checklist, the Contractor shall complete and furnish a
pesticide application log to the City. The log shall have the following information
included:
1. The pest to be controlled
2. Method of control
3. Copies of the product labels
4. MSDS Sheets
5. A frequency schedule
6. A copy of the PCA recommendation
Weed Control
A. Planters, gravel areas, sidewalks, curbs and gutters, expansion joints, fence
lines, drainage areas, bare areas, and around plants and trees shall be kept free
of grass and weeds. This will be done on an as needed basis.
B. After weeds have been sprayed and removed, the Contractor shall rake or sweep
the area removing any debris generated from weed removal.
C. Weed control is the responsibility of the Contractor. The Frequency Schedule
outlines the minimum weed control activities. If weed control has not been
maintained as specified, the City may request additional herbicide applications at
no additional cost to the City. Acceptable methods of control are: Annual weeds;
mechanical and/or chemical methods. Perennial weeds; Bermuda grass,
nutsedge (species), bind weed and Pennisetum grass shall be controlled
with chemical means only. Preventative weed control, such as pre-emergent
herbicides and post emergent herbicides is the responsibility of the Contractor
unless determined to be outside the scope of this contract by the City.
D. The City will require proof of California State Applicators license QAL Category B
. Landscape Maintenance by the person(s) supervising or performing the herbicide
applications.
Insecticide/Fungicide Applications
The City shall notify the Contractor in writing (work order) if the City has knowledge of
any insect, fungus or disease problems. The Contractor shall be responsible for the
application of the appropriate chemical. The Contractor shall be responsible for the
replacement of any plant, tree or turf area, at no cost to the City, if appropriate
measures or actions were not taken to control and/or eradicate the problem.
Page 23 of 49
Fertilization
All landscape areas shall be fertilized at intervals designated in the Frequency
Schedule. This includes ground covers, shrubs and turf. Equipment and labor to apply
any fertilizer shall be included in the contract. The City is to supply the fertilizer
materials. Compliance with fertilization specifications will be enforced by application
inspections and periodic soil analysis.
Plant Maintenance
A. All plant material shall be maintained as needed to prevent obstruction as well as
possible safety concerns to vehicles, pedestrians and/or the general public.
Shrubs shall be maintained to create adequate line-of-sight vision for vehicles
where applicable. All vegetation shall be maintained in such a manner as to
eliminate over growth beyond its designated parameter and/or encroachment
onto sidewalks or curbs. Keep plants located adjacent to sidewalks at a
maximum height of three (3) feet and pruned back one (1) foot from edge of
sidewalk.
B. Dead material shall be pruned from plants as they occur. There shall be no dead
blossoms, stalks, branches or foliage left on an otherwise healthy plant for more
than one week, unless otherwise directed by the City and/or contract.
C. Plant material is to be pruned in a manner that is described as a two-step,
naturalistic pruning procedure. For consistency, all plant material shall be pruned
in accordance with the City of Palm Desert's "Landscape Maintenance
Guidelines" book. This book provides pruning techniques and a calendar for ideal
maintenance timing. This book is meant to be a visual guideline for the
Contractor. The City may, at its own discretion, alter time lines or techniques, as
the City deems necessary. Shrubs left as globes or geometric forms will not be
permitted.
D. The Contractor shall be responsible for replacing dead plant material, at no cost
to the City, that dies 30 days from commencement of the contract and through
out the term of this contract due to neglect, lack of maintenance or improper
care. It is the Contractor's responsibility to identify unacceptable plant material
before inception of the contract. This will be accomplished during the mandatory
acceptance walk through with the City representative(s) and the Contractor.
E. Shrubs shall be fertilized with fertilizer supplied by the City. See Frequency
Schedule for time lines. The Contractor is to provide the equipment and labor to
apply the fertilizer as part of this contract.
Tree Maintenance
A. Trees shall be pruned as needed to remove broken or diseased branches, or for
traffic and pedestrian safety. Sidewalk and median clearance will be eight feet
and vehicular clearance fourteen feet from grade. Any broken, structurally
unsound or detached limb is considered a hazard. Suckers will be removed as
they appear.
Page 24 of 49
B. The Contractor is only responsible for trees under fifteen feet in height for safety
and sucker control only. Palm Trees under fifteen (15) feet in height are the
responsibility of the contractor. All other tree pruning will be pruned under a
separate contract, including palm trees. Dead palm fronds and seedpods shall be
removed from trees less than 15 feet as they appear.
C. Any tree pruning pertormed at the request of the City shall be consistent with the
current and applicable International Society of Arboriculture (ISA) guidelines, the
American National Standards Institute (ANSI) standards, and the City of Palm
Desert's Tree Pruning Ordinance to promote proper form, strength, health, and
appearance consistent with the intended use. No pruning will be conducted
� without onsite inspection of City staff.
D. NO TOPPING OF TREES WILL BE ALLOWED.
E. The Contractor shall be responsible for all tree staking. Ties will be monitored to
prevent girdling. Remove ties and stakes as directed by the City. Broken stakes
are to be removed and if appropriate, replaced. Stakes should not remain on the
trees longer than 6 months. If the tree cannot stand upright once stakes are
removed, the City will then determine whether or not to replace the tree.
F. The Contractor shall remove their debris from pruning, and tree maintenance the
same working day as accumulated.
G. The Contractor shall be held responsible for any damages done to trees due to
poor management procedures. The Contractor shall replace trees, at no cost to
the City, that die 30 days after acceptance of the contract due to neglect, lack of
maintenance, infestation or improper care. This does not include those trees
identified on the mandatory walk with the City and the Contractor.
H. Any trees broken or damaged as a direct result of storm damage, wind, accident
or vandalism shall be pruned and/or removed within 24 hours of notification may
I. be considered an Extra to the 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.
Turf Maintenance
A. Mowinq
1. Bermuda grass will be mowed at 3/4" height during the actively growing
period.
2. Ryegrass will be mowed at 1" height starting with its first cut after over
seeding and continuing until spring when the Bermuda grass becomes
active. The Contractor may be required to mow rye grass to a 1/2" or less
in order to promote Bermuda grass development.
3. Times and dates to be determined by the Public Works Director or his
designee.
Unless otherwise directed by the City (see Frequency Schedule), turf will be
mowed every week and edged a minimum of every other week. Clippings may
remain after mowing. However, in the event there is an overabundance of
clippings, the Contractor is required to rake, sweep or vacuum, pick-up and
dispose of these clippings at no additional cost to the City.
Page 25 of 49
The Contractor shall provide appropriate equipment and labor for the
maintenance of the turf areas. The City reserves the right to inspect and/or
approve any equipment being used in this contract. If the City deems the
equipment is in disrepair or inappropriate for the task at hand the City may
require that the equipment be removed from the job site and repfaced with a
different piece of equipment. Reel mowers may be used when the Bermuda
grass is the prevalent turf. Approximate dates are April 15 to October 30. After
which time a rotary type mower must be used on those turf areas that have been
over seeded. For those areas not over seeded both types of mowers are
acceptable. With the exception of the Soccer fields, which will be mowed with a
reel mower.
B. Irri�ation: Contractor shall collaborate with the Public Works Director or his
designee on appropriate watering schedules. These schedules shall integrate
scheduled maintenance operations, play/use of fields, water conservation, soil
conditions and weather conditions. Watering times will have the approval of the
Public Works Director or his designee. Additional watering hours will be allowed
during the summer months at times when recreational a�eas are at non-peak
use. If necessary, the Contractor may be required to supplement the irrigation
system should "problems" appear. All schedules and controller operation
shall be the responsibility of the Public Works Director or his designee.
C. Mechanical Core Aeration and Deep Tine Aeration shall be performed as
outlined in the Frequency Schedule. Any additional aerification will be pertormed
as an addition to the contract. Core aerate to a depth of 6 to 8 inches into the
soil. Cores may be swept or mowed and dispersed during mowing operations
unless otherwise requested by the City. Deep tine aerate to a depth of 1/2" into
the soil.
D. Detailins� and edqin� of grass shall be performed as outlined in the Frequency
Schedule. This shall include but not tre limited to 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, drainage areas, and bare areas in planters. At no time will
grass or weeds be allowed to grow unchecked. An edger shall be used but not
be limited to hardscape areas such as sidewalks, mow strips. All other areas may
use an edger or string trimmer as appropriate and as approved by the City.
E. Fertilization of turf areas will be applied as outlined in Frequency Schedule. The
Contractor shall supply the labor and equipment for fertilization application. The
City will supply the materials.
F. Scalpin�/Overseedin� will be pertormed in those parks outlined in the
Frequency Schedule.
Page 26 of 49
Scalping/Overseeding Procedure:
1. The City will determine date for the reduction of water. Begin lowering height
of turF during scheduled weekly mowing (approximately three (3) weeks
before final cut). One week before final cut the Public Works Director or his
designee will reduce the water to minimum in the turf areas. Cut turf to a
height of 1/2" or lower but do not allow blades to disturb soil. All grass
clippings generated from this process will be vacuumed, swept or raked after
each cut. No debris will be allowed to "stockpile" any longer than six (6)
hours. A light irrigation syringe will be applied before the final cut to keep the
dust levels to a minimum (per CVAG guidelines}. Actual dates for the scalping
will be determined in the field with the Public Works Director or his designee
and the Contractor. Schedule wiil vary due to schedule field use, condition of
fields, and the actual mowing height needed to ensure seed to soil contact.
2. The Contractor will request the City Public Works Director or his designee to
perform an inspection of the fields before rye seed is applied. The City will
verify proper renovation and aeration (if applicable).
3. The Contractor shall repair and replace any irrigation that was damaged or
otherwise impacted by the scalping and subsequent clean up.
4. The scalping process shall be fully completed and approved by the Public
Works Director or his designee by (date as agreed upon in
scheduling process) before any seed may be applied. The City shall supply
the seed. The application rate for the seed shall be approximately 12-
Ibs./1,000 sq. ft.
5. Contractor will monitor the irrigation to ensure proper coverage for rye grass
germination. The Contractor is responsible for notifying the City of any
problems with the irrigation system immediately. The irrigation scheduling and
controller programming is the responsibility of the Public Works Director or his
designee.
G. EQuipment — The City reserves the right to inspect and/or approve the condition
of equipment, have any equipment deemed inappropriate for operations. If the
City deems equipment is in disrepair or inappropriate for the task at hand, the
City may require that the equipment be removed from the job site and replaced
with different equipment.
All costs for labor and equipment shall be included in the contractual price for all
aspects of turf maintenance operations as described above and outlined in
Frequency Schedule. The City shall supply the materials as described above.
Page 27 of 49
Irrigation Maintenance
The controlling factor in the performance of water management within the City
landscape maintenance area is the application of water to landscape plants at a rate,
which closely matches the demands of plants and turf with little or no runoff. Piant
health, roadway safety and water conservation are the primary reasons for proper
irrigation maintenance. Contractual requirements shall be strictly adhered to by the
Contractor. The format for inspection and repairs are as follows:
1. The entire irrigation system, including all components beginning at the meter
shall be maintained in an operational state at all times. This coverage shall
inctude, but not be limited to: all City owned valves, backflow devices, piping,
electrical wiring, heads, emitters, filters, and pumps.
2. All irrigation systems sha{I be tested based upon the following schedule: October
1 to April 30 — every two weeks with the exception of turt areas and annual color
areas, which will be done weekly. May 1 to September 30 — weekly. Contractor
shall include irrigation testing in the monthly and yearly schedule. All irrigation
checks will include irrigation controller operation.
3. All systems shall be kept in adjustment to ensure proper coverage, prevention of
excessive run off or erosion. Adjustments shall include, but not be limited to:
actual head adjustment, cleaning and fiushing of lines, heads, and filter screens
as well as obstructions within these components. Repairs or replacements to the
irrigation system shall be made with like parts. No substitutions shall be allowed
without written approval of the City. Costs for adjustments shall be included in the
contractual costs for operation and maintenance of the irrigation system.
4. All damage resulting from the Contractors maintenance operations including but
not limited to: the Contractors failure to properly maintain the system, shall be
repaired or replaced prior to the end of the work day or as directed by Public
Works Director or his designee at the Contractor's expense.
5. Repairs to the irrigation system shall be divided into two categories as follows:
A. Minor repairs shall include but not be limited to: all lateral lines regardless of
size, risers, exposed electrical connections, washers, seals, adjusting pins
and emitters or sprinkler heads '/2" in size or less. The cost for minor repairs
labor and materials shall be included in the contractual costs for operation
and maintenance of the irrigation system.
B. Major repairs shall include ali mainline pipe regardless of size, eontrollers,
backflow and pressure regulators, mainline control wires, valves, solenoids
and diaphragms, all sprinkler heads 3/" and bigger. The cost for labor and
materials for major repairs shall be considered additiona{ services above and
beyond the contract.
Page 28 of 49
C. Major repairs to the irrigation system shall be accomplished within 24 hours
after Contractor receives written approval from the City. When major irrigation
damage is discovered, the Contractor will submit an estimate form showing
approximate material costs and not to exceed costs for labor. This form shall
be signed by the Public Works Director or his designee and shall serve as
written approval.
6. Prior to commencement of the contract, the Public Works Director or his
designee and the Contractor will perform an irrigation inspection. The purpose is
to allow the Contractor and the City representative to observe and note any
potential problems with the irrigation system. These problems may be resolved
with the current Contractor or with the successful Contractor on a "one time only"
extra work basis. After a specified time frame for corrections the irrigation system
will be turned over to the Contractor for contract maintenance, with the exception
of the controller operation, which is the City's responsibility.
7. The City will perform routine inspections of the irrigation system to ensure
accuracy of the Contractor's inspection reports. If discrepancies are found, the
City shall construe this as a performance deficiency and implement a payment
reduction as specified in the section pertaining to Performance Deficiencies and
Reduction of Payment.
8. The City reserves the right to supply any or all parts for irrigation repairs. If the
Contractor supplies the materials/labor then the City shall be billed by the
Contractor based upon the pricing schedule provided to the City as part of this
contract.
9. The Contractor shall return irrigation parts that have been replaced due to
damage or malfunction to the Public Works Director or his designee.
10. The Contractor is responsible for adjusting sprinkler heads and valve boxes to a
level that will prevent damage by maintenance equipment or pedestrian traffic.
Damage caused by improper height adjustment will be repaired by the Contractor
at no cost to the City .The Contractor shall be responsible for all damage done to
irrigation components as well as any plant material affected by Contractors
personnel or equipment during maintenance operations.
11. The Contractor shall provide personnel fully trained in all phases of irrigation
operation> adjustments and repairs for irrigation systems used in the City
landscape maintenance area. The Contractor shall provide personnel capable of
communicating with City representatives at a proficient level of English.
12. Irrigation time schedules shall be adjusted seasonally by the Public Works
Director or his designee. All controller operations are the responsibility of the
City. At no time will the Contractor make changes to the controller schedule.
Page 29 of 49
Extra Work
During the course of the contract period, additional services, labor and materials,
beyond those specified in the contract may be required and performed on a time and
material basis. Such work will be billed according to the Extra Work pricing schedule
provided as part of this contract.
The Contractor may notify the City of the need for Extra Work and/or the City may
request Extra Work. The City will issue a Work Request form upon which the
Contractor will provide estimated labor, material and/or unit price costs. The Contractor
must have a signed work order from the City Engineer or his designee before beginning
work. "
The Contractor shall provide twenty-four (24) hour emergency service, with prompt
correction of mitigation of emergency damage when notified of an occurrence. An
emergency that is causing a hazard to the public or property must be responded to
within one (1) hour. Failure to do so may result in monetary deductions from the monthly
billing. Response to emergency service shall be paid at a rate of $25.00 per hour. Work
should be limited to the level required to mitigate an emergency and further repairs shall
be completed during normal working hours.
Extra work will be a separate item from normal contractual duties. The Contractor is
expected to complete the contractual duties as specified on schedule and extra work
shall not interfere with or delay these duties.
Safety
Contractor shall comply with the State of California and Cal-OSHA Safety Rules and
Regulations and the American National Standards Institute (ANSI) 2133.1 standards.
The Contractor shall supply all delineation, signing and clothing as required by the State
of California Department of Transportation.
If work along a public right of way will require the closure of a traffic lane, the Contractor
shall notify the City at least 24 hours in advance and comply with procedure outlined in
the WATCH Manual.
Green Waste
The Contractor shall remove all debris generated from maintenance operations on a
daily basis. All debris /trash will not be allowed to remain on site after work hours.
Disposal of debris shall not be allowed in any City trashcan, bin or City facility
(corporate yard or satellite yards) nor in any park refuse container unless other
arrangements have been authorized the City. The Contractor shall recycle all
appropriate green waste removed from City landscape areas at an approved facility
where green waste is converted to a usable soil amendment. If any compost is used in
the execution of the landscape maintenance contract, it must be from a facility that
receives and composts City of Palm Desert green waste. Said products shall be
approved by the Public Works Director or his designee before use.
Page 30 of 49
Upon request, the contractor may be required to submit verification of green waste
disposal.
Monthly Walk-Through and Reports
The Contractor, as part of this agreement, will submit a monthly report as requested.
Failure to submit reports and schedules in the time specified may result in a
Performance Deficiency Deduction and/or termination of the contract. The Contractor
may submit the monthly schedule using a computer based program or, the Contractor
may submit the schedule in writing. It is preferred that a computer-scheduling
program, such as Microsoft Project, be used to generate this schedule. The
following information must be included on the monthly schedule:
1. Schedule of maintenance:
At the end of each month, the Contractor's representative and the City
representative shall have a walk through of the Park(s) and/or Landscape
Maintenance area(s). The walk-through will focus on but not be limited to: work
just completed, seasonal maintenance tasks, the Frequency Schedule and its
pertinent tasks, as well as any Extra Work needed. This will generate a punch list
from which the contractor will develop the next month's schedule.
A. Contractor shall provide a schedule of maintenance at the start of each
month identifying areas to be maintained and a time frame of when each
function shall be performed. This schedule should include the Frequency
Schedule as it pertains to the maintenance for that month.
B. The City will assume that the Contractor will adhere to the schedule. The City
must receive notification of changes at least 24 hours in advance.
C. A monthly Irrigation Inspection Report based upon the schedule outlined in
the Frequency Schedule and will be turned in at the monthly walk through
meeting.
D. A monthly Pesticide Application Log for the previous month's applications will
also be supplied to the City. The log will list locations and date of
applications, chemical applied, rate and quantity applied, applicator's name
and additional information as described in previous section "Chemical
Applications"..
Schedules
At the pre-contract start up meeting, the Contractor will present a temporary or base line
schedule of work for the upcoming year. This schedule can be generated by hand or a
computer-scheduling program such as Microsoft Project. At 30 days from start of
contract, a permanent schedule will, be given to the City. Failure to provide this
schedule to the City in the appropriate time may result in termination of the contract.
Page 31 of 49
License Requirements
• City of Palm Desert Business license (current)
• C-27 Contractors License
• State of California Pesticide License QAL for chemical applications category B
(current and active)
• County of Riverside Pesticide Business License (current)
Page 32 of 49
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this
day of 20 , by and between THE CITY OF PALM
DESERT, a municipal corporation, hereinafter referred to as "CITY", and referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, on , the CITY invited bids for landscape
maintenance services for City maintained properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
15 TERM. The term of this Agreement shall be from July 1, 2007, through
June 30, 2007, or to such later date as may be agreed in writing between
parties.
(2) CITY'S OBLIGATIONS. For fumishing services, as specified in this Agreement,
CITY will pay and CONTRACTOR shall receive in full compensation, therefore
the total sum ($)
as set forth in the Contract Documents and adopted by the CITY.
16 CONTRACTOR'S OBLIGATION For, and in consideration of the
payments and agreements hereinbefore mentioned to be made and
performed by CITY, CONTRACTOR agrees with CITY to furnish the
services and to do everything required by this Agreement and the Specific
Terms and Conditions.
17 HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to
defend, indemnify, and hold harmless The City of Palm Desert, its officials,
officers, employees, representatives, and agents from and against all
claims lawsuits, liabilities or damages of whatsoever nature arising out of
our connection with, or relating in any manner to, any act or omission of
CONTRACTOR, his agents, employees, and subcontractors and
employees thereof in connection with, the performance or non-
performance of this Agreement. The CONTRACTOR shall thoroughly
investigate any and all claims and indemnify the CITY and do whatever is
necessary to protect the City of Palm Desert, its official, officers,
employees, agents, and representatives as to any such claims, lawsuits,
liabilities or damages.
18 AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing, signed by the CONTRACTOR
and approved by the City Council of the CITY.
Page 33 of 49
19 TERMINATION. If, during the term of this Agreement, CITY determines
that CONTRACTOR is not faithfully abiding by any term or condition
contained herein, CITY may notify CONTRACTOR in writing of such
defect or failure to perform; which notice must give CONTRACTOR a
three-day notice of time thereafter in which to perform said work or cure
the deficiency. If CONTRACTOR fails to perform said work or cure the
deficiency within the three (3) days specified in the notice, such shall
constitute a breach of this Agreement and CITY may terminate this
Agreement immediately by written notice to CONTRACTOR to said effect.
Thereafter, except as otherwise set forth herein, neither party shal� have
any further duties, obligations, responsibilities, or rights under this
Agreement except, however, any and all obligation of CONTRACTOR's
surety shall remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the termination hereof. In said event,
CONTRACTOR shall be entitled to the reasonable value of its services
performed from the beginning of the period in which the breach occurs up
to the day it received CITY's Notice of Termination, minus any offset from
such payment representing the CITY's damages from such breach. CITY
reserves the right to delay any such payment until completion of confirmed
abandonment of the project, as may be determined in the CITY's sole
discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall CONTRACTOR be entitled to receive in excess of
the compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for any
reason.
(7) INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and
Conditions; General Terms and Conditions; Specific Terms and Conditions; Bid
Submission Form(s), Addendum Nos. ; Change Orders; additional or
supplemental specifications, drawing, maps or diagrams; and CITY issued forms
relating to this project, are hereby incorporated in and made a part of this
Agreement.
(8) COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
(9) ANTI-DISCRIMINATION. In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors
as it may employ, to engage in discrimination in employment of any person
because of the age, race, color, sex, national origin or ancestry, or religion of
such persons. Violation of this provision may result in the imposition of penalties
referred to in Labor Code Section 1735.
Page 34 of 49
(10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and
other written material used by CONTRACTOR in preparing its statements to
CITY as a condition precedent to any payment to CONTRACTOR.
(11) NOTICE. All written notices to the parties hereto sha44 be sent by United States
mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(12) LITIGATION COSTS. In the event an action is filed by either party to enforce any
rights or obligations u�dec tk�is Agreement, the pfevailing party shall be entittied to
recover reasonable attorney's fees and court costs, in addition to any other relief
granted by the court.
(13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do
warrant that each individual executing this Agreement on behalf of each party is
a person duly authorized.
THIS SECTION PURPOSELY LEFT BLANK
SIGNATURES FOLLOW ON NEXT PAGE
Page 35 of 49
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation CONTRACTOR
RICHARD S. KELLY, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P .E.
CITY OF PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
Page 36 of 49
ATTACHMENTS
Page 37 of 49
EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2
EXTRA WORK PRICING SCHEDULE
LABOR
Additional Laborer $ per hour
Additional Irrigator $ per hour
Additional Supervisor $ per hour
IRRIGATION PARTS — Installed
Heads: 1) Drip Emitter $ ea
2) Rain Bird 1800 Pop Ups $ ea
3) Rain Bird 1400 Series Bubbler $ ea
4) Hunter 120 $ ea
5) Hunter 140 $ ea
6) Hunter 125 $ ea
7) PGP $ ea
8) PGM $ ea
Valves:
Note: All e/ecfric rep/acement valves will be Rain Bird GB Series. All Ba/l Va/ves will be Full
Port P/astic. If other manufacturer is used, the City will pay cosf of materials plus a 15% mark-
up.
1" Valve: 1) Filter $ ea
2) Pressure Reg. $ ea
3) Solenoid $ ea
4) Bleeder Screw $ ea
5) Diaphragm $ ea
6) Plungers $ ea
7) Screens $ ea
8) Complete Drip Assembly Valve $ ea
9) Complete Electric Valve $ ea
10) Ball Valve w/Fittings $ ea
11) Valve in Heads (if applicable) $ ea
12) Solar Solenoids $ ea
Page 38 of 49
EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2
1 Y�" Valve: 1) Filter $ ea
2) Pressure Reg. $ ea
3) Solenoid $ ea
4) Bleeder Screw $ ea
5) Diaphragm $ ea
6) Plungers $ ea
7) Screens $ ea
8) Complete Drip Assembly Valve $ ea
9) Complete Electric Valve $ ea
10) Ball Valve w/Fittings $ ea
11) Valve in Heads (if applicable) $ ea
12) Solar Solenoids $ ea
2" Valve: 1) Filter $ ea
2) Pressure Reg. $ ea
3) Solenoid $ ea
4) Bleeder Screw $ ea
5) Diaphragm $ ea
6) Plungers $ ea
7) Screens $ ea
8) Entire Drip Assembly Valve $ ea
9) Entire Electric Valve $ ea
10) Ball Valve w/Fittings $ ea
11) Valve in Heads (if applicable) $ ea
12) Master Valve $ ea
13) DIG/LEIT Solenoids $ ea
Page 39 of 49
EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2 .
PLANT MATERIAL REPLACEMENT
Note: Unless otherwise described, rep/acement plant material wil! be whatever is normal and
customary for the City of Palm Desert.
1 Gallon Shrub Installed $
5 Gallon Shrub Installed $
*15 Galion Shrub Installed $
"`15 Gallon Tree Installed $
*24" Box Tree Installed $
"`30" Box Tree Installed $
"36" Box Tree Installed $
Anything over 36" Box size will be paid at the contractual hourly rate plus materials with a
15% Mark-Up.
*To include the following: Stakes (if needed), cinch ties, clean-up, water in (dig hole, set tree, back fill)
adding irrigation if needed.
Page 40 of 49
EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2
TURF MAINTENANCE
Hybrid Bermuda Sod Only � per sq ft
Aerification: Core Labor& Equipment $ per sq ft
Deep Tine Labor& Equipment $ per sq ft
Renovation: Labor& Equipment $ per 1,000 sq ft
Top Dressing: Labor& Equipment $ per 1,000 sq ft
Sweeping: Labor & Equipment $ per 1,000 sq ft
Overseeding
(Seed Application Only): Labor& Equipment $ per 1,000 sq ft
Mowing: Labor & Equipment $ per 1,000 sq ft
At the City's discretion, any and all-additional work may be paid for Time and Materials using
hourly labor rate and materials plus a 15% markup instead of unit price.
Page 41 of 49
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CALIFORNIA
ADDENDUM NO. 1
LANDSCAPE MAINTENANCE AREA NO. 2
PROJECT NO. C26400
CONTRACT NO. 902-07
ISSUED May 4, 2007
MARK GREENWOOD, P. .
DIRECTOR OF PUBLIC WORKS
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IIV CONTRACTOR'S PROPOSAL
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1. Replace the Vicinity Map with the attached Revision 1 Map. The map has
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