Loading...
HomeMy WebLinkAboutC32640 - Common Infrastructure Facilities C32640 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE THE OPERATION, MAINTENANCE, AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM DESET AND THE CITY OF INDIAN WELLS FOR COMMON INFRASTRUCTURE FACILITIES SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: March 14, 2013 CONTENTS: Operation, Maintenance, and Reimbursement Agreement Recommendation By Minute Motion, authorize the Mayor to execute an Operation, Maintenance, and Reimbursement Agreement between the City of Palm Desert and the City of Indian Wells for common infrastructure facilities Backqround Indian Wells and Palm Desert jointly own certain infrastructure installations including, but not necessarily limited to, traffic signals, safety lighting, and raised landscaped medians and that are located partly within the boundaries of each agency. Both cities desire to arrange for the ongoing operation and maintenance of the Installations and to jointly share the cost. Several agreements currently exist whereby the City of Palm Desert is reimbursed by the City of Indian Wells for the maintenance of several landscaped medians and traffic signals. Since that time, three more traffic signals have been installed (Fred Waring Drive at Entrada las Brisas; Fred Waring Drive and California Drive; and Hovley Lane East and Eldorado), which are currently being maintained by the City of Palm Desert and are not part of the existing agreements. Therefore, the signals have been added to this agreement. In addition, fihe new agreement outlines the minimum maintenance requirements, establishes the operating procedures, delineates the ownership percentage for each intersection, and establishes the City of Palm Desert billing rates. The agreement will commence on July 1, 2013, and will supersede any and all other agreements. Staff Report C 326G0 Agreement with Indian Wells — Common Infrastructure Facilities March 14, 2013 Page 2 of 2 The agreement has been reviewed and approved by both Palm Desert and Indian Wells City Attorneys. Fiscal Analvsis It is estimated that Indian Wells will reimburse the City of Palm Desert approximately $15,000 annually for the shared landscaped medians and traffic signals we maintain on their behalf. Prepared Dep m n Head: � H. Spencer night Mark re nwood, .E. Landscape Manager Direct Public Works CTf Y COUN A�'ION APPROVED � DENiED RECEIVED OTHER Pau Gibson MEE G DA '� Director of Finance A�s: � �ni NOES: ABSENTs Approval: ABSTAIN: / � VERIFIED BYs Original on File with City erk's Oftiq J M. Wohlmuth, City Manager /bg C OPERATION, MAINTENANCE, AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALNI DESERT AND THE CITY OF INDIAN WELLS FOR COMMON INFRASTRUCTURE FACILITIES THIS AGREEMENT is entered into as of this day of , 2013, by and between the City of Palm Desert, a California municipal corporation ("Palm Desert"), and the City of Indian Wells, a California municipal corporation ("Indian Wells"). Palm Desert and Indian Wells are sometimes hereinafter individually referred to as "Party" and/or collectively referred to as "the Parties." RECITALS This Agreement is made with reference to the following facts: A. Indian Wells and Palm Desert jointly own certain infrastructure installations ("Installations") including, but not necessarily limited to, traffic signals, safety lighting, and raised medians and their landscaping located partly within the boundaries of each entity, as listed and shown in Exhibit A, attached hereto and incorporated herein by this reference. The Installations are owned proportionately by each Party as shown in Exhibit A. B. Indian Wells and Palm Desert desire to arrange for the ongoing operation and maintenance of the Installations and to jointly share the cost thereof. C. Palm Desert has the capability to provide for the operation and maintenance of such Installations. AGREEMENT NOW, THEREFORE, in consideration of the facts set forth above and the mutual covenants, promises, and agreements set forth herein, the Parties hereto do hereby 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. C. The Party ("Maintaining Agency") responsible for the operation and maintenance of an Installation at a specific location shall take full responsibility for the regular maintenance and emergency repair of the Installation. The other Party hereto ("Reimbursing Agency") shall reimburse Maintaining Agency according to Section IV, "Reimbursement," below. - 1 - C II. Locations A. The Installations to be operated and maintained under the terms of this Agreement are common to the Parties (except as otherwise set forth in Exhibit A). B. As Installations are added or removed from this Agreement, the locations may be updated by either Party submitting to the other Party a proposed revised Exhibit A. The Director of Public Works, or equivalent, of each Party must approve in writing the revised Exhibit A prior to the revision taking effect. III. Scope of Services A. Regular Maintenance 1. Maintaining Agency shall provide routine and scheduled maintenance work on traffic signals, safety lighting, and their appurtenances, as described in Exhibit B, Maintenance of Traffic Signals and Safety Lighting ("Exhibit B"). a. As services are added to or removed from the Maintenance of Traffic Signals and Safety Lighting, this Agreement may be updated by either Party submitting to the other Party a proposed revised Exhibit B. The Director of Public Works, or equivalent, of each Party must approve in writing the revised Exhibit B prior to the revision taking effect. 2. Maintaining Agency shall provide routine and scheduled maintenance work on raised medians, their landscape, and their appurtenances, as described in Exhibit C, Maintenance of Raised Medians and Landscape ("Exhibit C"). a. As services are added or removed from the Maintenance of Raised Medians and Landscape, this Agreement may be updated by either Party submitting to the other Party a proposed revised Exhibit C. The Director of Public Works, or equivalent, of each Party must approve in writing the revised Exhibit C prior to the revision taking effect. B. Emergency Maintenance 1. Maintaining Agency shall take full responsibility for emergency response and repair or replacement of the Installations. 2. Repair or replacement of an Installation, in part or in whole, shall be deemed an operational emergency when such response is necessary to ensure the public safety and welfare, or in order to prevent damage or further damage to property, both public and private. In the event of such an operational emergency, Maintaining Agency shall have the authority to initiate repairs following discovery thereof. If Maintaining Agency fails to initiate and diligently complete such repairs in a timely manner, then following notice to Maintaining Party, Reimbursing Agency may direct its - 2 - C forces to perform such work as is necessary to correct the problem and to immediately place the Installation back in operational condition. C. Inspection 1. Maintaining Agency shall provide inspection and oversight of all work performed on the Installations, whether such work be performed by in- house crews or by third-party contractors. D. Extra Work 1. If Maintaining Agency desires or is required to perform non-emergency extra work ("Extra Work") beyond the scope of services described in Section III above, Maintaining Agency shall notify Reimbursing Agency prior to perForming such Extra Work. E. Utilities 1. Maintaining Agency shall provide for the delivery of all utilities required for the operation of the Installations. F. Administration 1. Maintaining Agency shall provide for administrative services as required for the operation of the Installations. IV. Reimbursement A. Billing 1. Billing shall include an itemized accounting of all costs and services rendered during the billing period for each installation, including dates of service and quantities, rates and lists of labor and supplies, and an indication of the calculation of Reimbursing Agency's payment obligation based on its proportionate ownership as set forth in Exhibit A. 2. Billable items shall include all costs associated with and described in the Scope of Work, which shall include regular maintenance, emergency maintenance, inspection services, "Extra Work" items, utilities, and administration. a. Regular and emergency maintenance costs shall include in-house staff and contract labor, supplies, materials, parts, and equipment. b. Inspection costs shall include staff or consultant time to inspect and oversee all work performed at the Installation. c. Utility usage charges (i.e., electricity and water) shall consist of actual charges incurred for each installation in the twelve-month period ending closest to the Maintaining Agency's fiscal year. - 3 - C d. Administrative costs include staff time for letting and managing contracts, tracking expenses and invoices, maintaining records and schedules, and preparation of inter-agency billing with backup documentation. 3. If Reimbursing Agency desires to utilize traffic signal and lighting materials that are customized by color or logo ("custom materials"), such materials shall be provided by Reimbursing Agency to Maintaining Agency for installation. If custom materials are not provided to Maintaining Agency, Caltrans standard materials shall be used. If Maintaining Agency desires to use custom materials, such materials shall not be deemed reimbursable. 4. If Reimbursing Agency implements a procedure to itself correct an operational emergency, Reimbursing Agency will deduct Maintaining Agency's share of expenses incurred for such repairs from its share of all costs incurred by Maintaining Agency for the operation and maintenance of said Installation. 5. In the event that either of the Parties recovers costs for billable items through insurance or other means, both Parties shall share the amount of any applicable insurance deductible, at the ratio set forth in Exhibit A. Similarly, any billable costs recovered from a third Party shall be applied to the annual billing as a credit at the ratio set forth in Exhibit A. B. Billing Rates 1. The Standard Billing Rates as shown in Exhibit D ("Exhibit D"), attached hereto and incorporated herein by this reference, shall be used to determine billing for staff and equipment. Future rates may be reviewed annually by May 31, and revised by June 30 for the subsequent fiscal year. a. Maintaining Agency shall notify Reimbursing Agency of billing rate changes by submitting to Reimbursing Agency a proposed amended Exhibit D. In the event Reimbursing Agency wishes to protest the amendment, Reimbursing Agency must notify Maintaining Agency in writing within 30 days. Thereafter, the Parties shall meet and confer in good faith for the purpose of agreeing to an acceptable Exhibit D. 2. Administrative costs shall be billed at a rate equal to 25% of the total maintenance cost of the Installation. C. Billing Frequency 1. Maintaining Agency shall bill annually, and shall cover the period beginning July 1 and ending June 30. - 4 - C D. Payment Due 1. Reimbursing Agency shall pay undisputed amounts within thirty (30) calendar days after receipt of billing from Maintaining Agency. E. Billing Disputes 1. Reimbursing Agency shall submit any billing dispute in writing to Maintaining Agency within thirty (30) calendar days after receipt of billing. The Parties shall endeavor to resolve any such dispute and thereby allow payment of the balance due, if any, within a reasonable period of time. V. Records. Records for the work provided under this Agreement shall be kept by Maintaining Agency and shall include the cost of all services performed. Such records shall be maintained for at least three (3) years and, upon reasonable notice, shall be made available for inspection by Reimbursing Agency and its designees during normal business hours of the Maintaining Agency. VI. Term and Termination. This Agreement shall commence on July 1, 2013, and shall remain in force until terminated in accordance with this section. This Agreement may be terminated by either Party upon thirty (30) days' written notice of such termination to the other Party. Any payment obligations outstanding and the indemnity provisions hereinbelow shall survive any such termination. VII. Indemnitv. Reimbursing Agency shall indemnify, defend, save and hold harmless Maintaining Agency, its officers, agents, servants and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said Parties and the payment of the attorneys' fees in any such claim or action arising out of or in any manner connected with, but only to the extent of, activities of Reimbursing Agency or employees of Reimbursing Agency under this Agreement. Maintaining Agency shall indemnify, defend, save and hold harmless Reimbursing Agency, its officers, agents, servants and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said Parties and the payment of the attorneys' fees in any such claim or action arising out of or in any manner connected with, but only to the extent of, activities of Maintaining Agency or employees of Maintaining Agency under this Agreement. VIII. Notice. All notices or other communications required or permitted hereunder shall be in writing and shall be either electronically mailed or personally delivered (which shall include delivery by means of professional overnight courier service that confirms receipt in writing, such as Federal Express or UPS), sent by facsimile ("fax") machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid, to the - 5 - C following Parties at the following addresses or numbers: If to "Palm Desert": City of Palm Desert Attention: Director of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-0611 Fax: (760) 341-7098 If to "Indian Wells": City of Indian Wells Attention: Public Works Director 44-950 Eldorado Drive Indian Wells, CA 92210 Telephone: (760) 776-0237 Fax: (760) 346-0407 Notices sent in accordance with this Section VIII shall be deemed delivered upon: (1) the date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier services); (2) the date of the actual receipt (if personally delivered by other means); (3) the next business day following the date of transmission (if sent by facsimile machine or otherwise electronically), or; (4) the date of delivery as indicated on the return receipt (if sent by certified or registered mail, return receipt requested). Notice of change of address shall be given by written notice in the manner detailed in this Section VIII. IX. Other Provisions. A. Entire Agreement 1. This Agreement constitutes the entire agreement between the Parties hereto, and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the Installations identified in Exhibit A. B. Amendment and Waiver 1. This Agreement may be amended or revoked at any time by a written agreement executed by the Parties. Except as otherwise permitted under this Agreement with respect to approval of revised Exhibits as set forth in Sections II and III, no change or modification of this Agreement shall be valid unless the same be in writing and signed by all the Parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the Party granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term, covenant or condition of this Agreement. - 6 - C C. Invalid Provision 1. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. D. Headings 1. The headings of the articles, sections, subsections or paragraphs of this Agreement are inserted solely for convenience of reference, and shall not be deemed to govern, limit or aid in the construction or interpretation of any term of this Agreement. E. Independent Counsel 1. Each Party has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against any Party. F. Binding Effect 1. This Agreement shall be binding upon and inure to the benefit of Palm Desert and Indian Wells. G. Other pocuments The Parties hereto agree that each shall, concurrently herewith, or at any time hereafter, on the demand of the other, execute any other documents or instruments or cause to be done any other acts and things as may be reasonable, necessary or convenient to carry out the intents and purposes of this Agreement. H. Counterparts 1. This Agreement may be executed in any one or more counterparts, and all so executed shall constitute one and the same instrument. Any signature page on any counterpart hereof may be detached from and added to any other counterpart identical in form hereto. I. Attorneys' Fees 1. Each of the Parties shall bear its own fees and costs, including without limitation attorneys' fees, in the event of a dispute pertaining to this Agreement. J. Governing Law 1. This Agreement shall be construed and governed by the laws of the State of California. - 7 - C IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above. CITY OF PALM DESERT CITY OF INDIAN WELLS By: By: JAN C. HARNIK MARY T. ROCHE Mayor � Mayor ATTEST: ATTEST: By: By: RACHELLE D. KLASSEN ANNA GRANDYS City Clerk Chief Deputy City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: DAVID J. ERWIN STEPHEN P. DEITSCH City Attorney City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: By: By: MARK GREENWOOD, P.E. K. H. BELL Director of Public Works Interim Public Works Director - 8 - C CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of � On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) - 9 - C EXHIBIT A The Installations Maintained Description of Shared Facility and Location Percent B Cit of Palm Desert and Cit of Indian Wells Ownershi � . Traffic Signal and Safety Lighting: Fred Waring Drive at Washington Street Palm Desert 250% Palm Cost share for maintenance and electricity Indian Wells 25/o Desert (This agreement supercedes Agreement No. C19650.) (City of La Quinta shares at a rate of 50% under a separate agreement.) Traffic Signal and Safety Lighting: Fred Waring Drive at Entrada las Brisas Patm Desert 50% Palm Cost share for maintenance and electricity Indian Wells 50°/o Desert (No current agreement exists.) Traffic Signal and Safety Lighting: Fred Waring Drive at Warner Trail Palm Desert 50% Palm Cost share for maintenance and electricity Indian Wells 50% Desert (This agreement supercedes current Agreement No. C18510.) Traffic Signal and Safety Lighting: Fred Waring Drive at Cook Street Palm Desert 50°0% Cost share for maintenance and electricity Indian Wells 50/o Palm (This agreement supercedes current Agreement Nos. C01091 and Desert C18510, and any historical reference to Agreement No. C09220 as may have existed between Parties.) Traffic Signal and Safety Lighting: Fred Waring Drive at California Street Palm Desert 67% Palm Cost share for maintenance and electricity Indian Wells 33% Desert No Current Agreement Traffic Signal and Safety Lighting: Hovley Lane East at Eldorado Palm Desert 50°0% Palm Cost share for maintenance and electricity Indian Wells 50/o Desert (No current agreement exists.) . .�. � -- � � ��: ,.,.. . . ,___ _:. - . . w .2.�. � Palm Desert 50% Landscaping: Fred Waring Drive Medians, Washington St to California St Indian Wells 50% Palm and Bryson Ct to Phyllis Jackson Ln Desert Cost for maintenance and utilities (This agreement supercedes current Agreement No. C265906.) Landscaping: Fred Waring Drive Medians, California St to Bryson Ct Indian Wells 100% Palm Cost for maintenance and utilities Desert (This agreement supercedes current Agreement No. C26590B.) Landscaping: Hovley Lane East Medians, Water Way to 600' east of Oasis Palm Desert 50% Palm Club Indian Wells 50% Desert Cost for maintenance and utilities (This agreement supercedes current Agreement No. C26590B.) C EXHIBIT B Maintenance of Traffic Signals and Safety Lighting Traffic signals, safety lighting, and their appurtenances (including but not limited to internally illuminated street signs, pedestrian pushbuttons, flashing beacons, and other electrically operated traffic control or warning devices associated with the Installations) shall be maintained in the following manner: • Inspect the signal system and clean the control cabinet up to four times per year. • Re-lamp and clean signal heads and internally illuminated street name signs as required. • Re-lamp and clean luminaires as required. • Routine maintenance services shall include measures taken to ensure operation of a traffic signal in the case of a planned or unplanned power outage. • Routine maintenance services shall include emergency response to reports of Installation failure for the purpose of inspection and diagnosis. Such response may or may not be followed by implementation of reasonable temporary measures necessary to preserve the public safety (see Sec. III.B). C EXHIBIT C Maintenance of Raised Medians and Landscape In general, the operation and maintenance of raised medians and their landscaping include costs associated with the following: • Water delivery • Electricity delivery • Irrigation system maintenance, repair, and modification • Shrub and tree pruning • Shrub replacement • Tree staking, removal, and replacement • Pest control • Fertilization • Decomposed granite raking, replacement, renovation • Boulder and cobble repair and replacement • Hardscape repair and replacement • Trash, debris, and sand removal • Signage repair and replacement (includes traffic signs) • Lighting fixture maintenance and repair • Routine maintenance services shall include measures taken to ensure operation of an Installation in the case of a planned or unplanned power outage. • Routine maintenance services shall include emergency response to reports of Installation failure for the purpose of inspection and diagnosis. Such response may or may not be followed by implementation of reasonable temporary measures necessary to preserve the public safety (see Sec. III.B). Palm Desert shall provide for maintenance to landscaped and other raised medians through contract services in accordance with the following: • Specifications for Landscape Maintenance Services for Landscape Maintenance Area Number 2, as may be amended thereafter, attached hereto as Attachment 1 to Exhibit C. • Specifications for Palm Tree Pruning Services, as may be amended thereafter, attached hereto as Attachment 2 to Exhibit C. • Specifications for Tree Pruning Services, as may be amended thereafter, attached hereto as Attachment 3 to Exhibit C. C ATTACHMENT 1 TO EXHIBIT C Specifications for Landscape Maintenance Services for Landscape Maintenance Area Number 2 h}t,... ,>�,+:.. . � �,v � s City of Palm Desert Riverside County, California Contract Documents and Specifications for LANDSCAPE MAINTENANCE AREA 2 Project No. 902-11 Contract No. C30770 APPROVED BY MARK GREENWOOD, P.E. - DIRECTOR OF PUBLIC WORKS 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 Issued April 2011 KEY CONTRACT DATES 04-29-11 Notice Inviting Bid Proposals Issued 05-06-11 Written Questions Due 8:00 AM 05-06-11 Questions Answered(last addendum issued, if needed)5:00 PM 05-07-11 Dark to Communications until Bid Opening 05-10-11 Bid Proposals Due/Bid Opening 11:45 AM 05-26-11 City Council Award of Contract 07-01-11 Contract Term Begins TABLE OF CONTENTS BID PACKET AND CONTRACT DOCUMENTS FOR LANDSCAPE MAINTENANCE AREA NO. 02 PROJECT NO. 902-11, CONTRACT NO. C30770 "Once-Starred Items Must Be Returned With Bid "'"'Twice-Sfarred/tems Musf Be Returned Upon Award of Contracf SECTION 1: CONTRACT DOCUMENTS NOTICE INVITING SEALED BIDS Brief Description of Project 1 Work included in Bid 1 Availability of Specifications 1 Term of Contract 1 Adherence to Appiicable Regulations 1 Contractor Licensure,Permits,Other Requirements 1 Prevailing Wage Determination 1 Questions Due 2 Form of Bid 2 Bid Due Date/Deadline for Bid Submission 2 Agency Rights 2 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS Changes to Landscape Maintenance Area Contracts 3 Requirement to Meet all Bid Provisions 3 Bid Retention and Award of Contract 3 Inspection of Site 3 Bid Withdrawal,Late Submissions,Public Bid Opening 3 Submission of One Bid Oniy 3 Non-coliusion Affidavit Requirement 4 Contract Documents Identified 4 Communication Regarding Bid 4 Interpretation of Documents 4 Addenda 4 Unit Price Bid 4 Requirement to Bid on the EnGre Work 4 Extra Work and Emergency Service 5 Award of Contract 5 Bonds Required 5 Retum of Guarantee 6 Qualifications of Bidders 6 Subletting and Subcontracting 6 Govemment Code Section 4551 6 Bid Proposal Submission-Instructions for a Complete Package 7 CONTRACTOR'S PROPOSAL SUBMISSION FORMS * Total Bid Amount and Attestation of Bidder 8 * Addendum Acknowledgement 8 " Company Contact Information 8 " Signature of Bid Preparer 8 " Proposal by Bid Location 9 ' Work Experience and Technical Ability of Bidder 10 " References 10 * Financial Standing of Bidder and Statement of Resources 11 ' Bidder information 12 * Subcontractor List 13 * A�davit of Non-collusion 14 ' Bid Bond 15 POST-AWARD DOCUMENTS ** Agreement with Notarial Acknowledgements 17 "' Pertormance Bond 21 '• Payment Bond 23 SECTION 2: SPECIFICATIONS GENERAL TERMS AND CONDITIONS Indemnification 1 Insurance 2 Workers Compensation Coverage 2 Safety Program 3 Compliance with California OSHA 3 Protection of the Public 3 Protection and Restoration of Existing Facilities 4 Controlling Employer 4 Contract Assignment 4 Non-discrimination 5 Review of Contract Documents and Job Site 5 Timely Execution of Agreement 5 Failure to Accept Contract 5 Contract Initiation Conference 5 Encroachment Permit 5 Business Tax 5 Labor Actions 6 Local Office 6 Su�cient Personnel 6 City-furnished Equipment 6 Coordination with Other Contractors 6 Contractor ldentification 6 Measurement and Payment 6 Payment Terms 6 Performance Deficieneies and Reduction in Payment 7 Inspection of the Work 7 Severability 7 Hours of Work 8 SPECIFIC TERMS AND CONDITIONS Bid Locations 9 Scope of Services and Term of Contract 10 Generai description and term of contract 10 Equipment and labor requirements 10 Personnel requirements 10 Mandatory acceptance walk-through 10 Contractor responsibiliry for plant material 10 Debris removal 10 Fertilizer applications 10 Fungicide applications 10 Monthly required reporting 11 Safety and Traffic Control 11 VehiGes on Sidewalk and Turf 11 Refuse Disposai 11 Green Waste Disposal 11 Schedules 12 License and Certification Requirements 12 Specific Services to be Performed 12 Plant litter and trash control 12 Pest control 12 Plant maintenance 13 Tree maintenance 13 Turf maintenance-general 14 Turf maintenance-overseeding 14 Turf maintenance for non-overseeded areas 15 Hardscape,dog park,and decomposed granite planter areas 15 Ircigation maintenance 15 Annual flowers maintenance 16 Extra work 17 SECTION 3: ATTACHMENTS 1 Frequency Schedule 2 Frequency Schedule Legend 3 Maps CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 SECTION 1: CONTRACT DOCUMENTS NOTICE INVITING SEALED BIDS PUBLIC NOTICE IS HEREBY GIVEN that City of Palm Desert invites sealed bids for the above stated project, described briefly as landscape maintenance for medians located in the central portions of the city. The work to be done consists of furnishing all materials equipment, tools, labor, and incidentals as required by the Specifications and Contract Documents for the above stated project. Printed copies of said Contract Documents and Specifications are available from City for a non-refundable fee of $20.00 per set. Bidders are advised to review contract documents and specifications with care and to note that the character, scope, and frequency of the work has changed significantly from prior contract years. This contract will be for a two- (2) year period starting July 1, 2011, with an option for two one-year extensions based on Contractor's performance. Work will be accomplished while observing and adhering to all applicable regulations including but not necessarily limited to the following: WATCH Manual for Traffic Control; OSHA and Cal-OSHA; NPDES; and City's MS4 Permit. Contractor or Subcontractor(s) must have all required licenses, permits, certificates, and registrations in order to perform the scope of work. At minimum, a California C-27 Landscaping Contractor license, a California Pest Control Applicators License (QAL), and a Riverside County Pesticide Business License are required for this contract. Additional requirements include bid, performance, and payment bonds as well as commercial general, workers' compensation, and business auto insurance policies. A City of Palm Desert business license will be required at the time of contract award. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: www.dir.ca.aov/DLSR/statistics research.html, or by contacting the District Office at 464 West Fourth Street, Suite 239, San Bernardino, CA 92401- 1411, telephone (909) 383-4341. In accordance with City Ordinance No. 859, this project shall not require 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 subject to prevailing wage law(Labor Code Section 1770, et. seq.). C3fl770 SECTION 1, CONTRACT DOCUMENTS Page 1 All questions must be put in writing and be received by City no later than 8:00 AM on Friday, May 6, 2011. Requests for clarifications, questions and comments must be clearly labeled, "Written Questions for Landscape Maintenance Area No. 2, 902-11" and addressed to H. Spencer Knight, City of Palm Desert, Department of Public Works. City is not responsible for failure to respond to a request that has not been so labeled. 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. C30770 PROJECT NO. 902-11) - DO NOT OPEN WITH REGULAR MAIL." Bids, to be considered, must be received in the office of the City of Palm Desert City Clerk no later than 11:45 AM on Tuesday, May 10, 2011, at which time they will be opened publicly and read aloud. City reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. BY ORDER OF the City Council of the City of Palm Desert. Dated this 29�' day of April, 2011. 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 C30770 SECTI4N 1;CONTRACT DOCUMENTS Page 2 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 BID TERMS AND CONDITIONS/INSTRUCTIONS TO BIDDERS CHANGES TO LANDSCAPE MAINTENANCE AREA CONTRACTS Bidders are cautioned that the scope, cha�acter, and frequencies of this contract may have changed significantly from previous landscape maintenance contracts let. REQUIREMENT TO MEET ALL BID PROVISIONS Each bidder shall meet all of the specifications, bid terms, and conditions. Non- substantial deviations may be considered provided that the bidder submits a full description of, explanation of, and justification for the proposed deviations. City will make a final determination of any proposed deviation. BID RETENTION AND AWARD OF CONTRACT City reserves the right to retain all bids for a period of thirty (30) days for examination and comparison. City also reserves the right to waive non-substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible, responsive bidder as the interest of City may require. INSPECTION OF SITE Bidders must examine the site and become acquainted with all conditions affecting the work. In submitting a bid, the bidder warrants that they have made such site examination as they deem necessary to determine the condition of the site, its accessibility to materials, workmen and equipment, and to determine the bidder's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters. BID WITHDRAWAL. LATE SUBMISSIONS. PUBLIC BID OPENING A bidder may withdraw a proposal, without prejudice, prior to the time specified for the bid opening, by submitting a written request to City Clerk for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the"Notice Inviting Bids" will be considered. All bids will be opened and declared publicly. Bidders, or their representatives, are invited to be present at the opening of the bids. SUBMISSION OF ONE BID �NLY No individual or business entity of any kind shall be allowed to make, file, or be interested in more than one bid, except an alternative bid when specifically requested. However, an individual or business entity which has submitted a sub-proposal to a bidder submitting a proposal, or has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. C30770 SECTION 1,CONTRACT DOCUMENTS Page 3 NON-COLLUSION AFFIDAVIT Bidder declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud. The Affidavit of Non-Collusion shall be executed and submitted with the bid. CONTRACT DOCUMENTS IDENTIFIED The complete Contract Documents are identified in the Agreement. 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, Specifications or Attachments in making their bid. COMMUNICATION REGARDING BID All timely requests for information submitted in writing will receive a written response from City. Telephone communications with City staff are not encouraged, but will be permitted; however, any such oral communication shall not be binding on City. INTERPRETATION OF DOCUMENTS Discrepancies, omissions, ambiguities, and requirements likely to cause disputes between trades and similar matters shall be promptly brought to the attention of City, in writing, and to the attention of the Director of Public Works. When appropriate, Addenda will be issued by City. No communication by anyone as to such matters except by Addenda affects the meaning or requirements of the Contract Documents. ADDENDA City 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 City its name, address, phone number and e-mail address for the purpose of receiving Addenda. City will cause copies of Addenda to be mailed, delivered or e-mailed 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. UNIT PRICE BID This contract is a unit price bid for all work shown on contract documents and specifications. Quantities shown are but estimates, and final payment will be based upon the methods outlined in the General Terms and Conditions or as modified by the Special Terms and Conditions contained herein. REQUIREMENT TO BID ON THE ENTIRE WORK 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: C30770 SECTION 1, CONTRACT DOCUMENTS Page 4 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 City. EXTRA WORK AND EMERGENCY SERVICE Contractor may notify City of the need for extra work and/or City may request extra work. Contractor must have a signed work order from the Director of Public Works or his designee before beginning extra work. 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 the contract rate for additional work. 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. Contractor is expected to complete the contractual duties as specified on schedule and extra work shall not interfere with or delay these duties. AWARD OF CONTRACT Acceptance by City at a meeting regularly called and held of a Contractor's Proposal authorizes City to enter into a contract subject to the execution by both Contractor and City of a written agreement evidencing said contract, and subject to Contractor providing all requirements set forth in said contract including, but not limited to, insurance and bonding requirements. Contractor is advised that City has up to 90 days from Award of Contract within which to issue the Notice to Proceed. BONDS REQUIRED Contractor shall execute and submit, at the time of the bid, a Bid Bond in the amount of ten (10%) percent of the contract amount. In addition to the Bid Bond, City requires at the time of contract a Payment Bond in the amount of one hundred (100%) percent of the contract amount from the successful bidder. In addition to the Bid Bond and the Payment Bond, City requires at the time of contract a one hundred (100%) percent Performance Bond from the successful bidder. All Bonds must be on City's forms contained in the Contract Documents. Bonds required under these specifications and Civil Code sections 3247 and 3248 shall be provided by an admitted insurance company in the State of California and shall; in addition, to the bond form, provide all information as follows: (1) The original, or a certified copy, of the unrevoked appointment, power of C30770 SECTION 1, CONTRACT DOCUMENTS Page 5 attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. (2) A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the insurer's receipt of a request to submit the statements. 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 City. The bid bond of the successful bidder will not be returned but shall be exonerated by the execution and delivery of the Agreement and the performance and payment bonds. If the guarantee of the successful bidder is a check, it will be returned at the time a bid bond would be exonerated. QUALIFICATIONS OF BIDDERS No award will be made to any bidder who cannot give satisfactory assurance to City as to its own ability to carry out the contract, both from its financial standing and by reason of its 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 a similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of a bid. SUBLETTING AND SUBCONTRACTING Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the 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 of the work or improvement or a sub-contractor who will specifically fabricate and install 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 Contractor's own forces will do that portion of the work. It is City's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. 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, Contractor or Subcontractor 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 Contractor, without further acknowledgment by the parties. * 15 U.S.C.A. Chapter 15 C3U770 SECTION 1, CONTRACT DOCUMENTS Page 6 BID PROPOSAL SUBMISSION — INSTRUCTIONS FOR A COMPLETE PACKAGE City shall accept a sealed bid proposal submitted on the provided Contractor's Proposal Submission Form, which shall be combined with the bid terms, conditions and specifications for a complete agreement. The proposal cost quotation shall include all costs for Contractor to accomplish the work outlined in the proposal and shall be all-inclusive. If provision is made for alternatives, they must all be bid, unless otherwise provided in the Specific Terms and Conditions: 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. The Contractor's bid proposal package shall include the following completed and, where indicated, executed and notarized, forms and statements: Contractor's Proposal and Attestation of Bidder; Contractor's Proposal by Bid Location; References; Statement of Resources for Execution of Contract; Bidder Information and Subcontractor List; Affidavit of Non-Collusion; Bid Bond. The proposal shall be submitted in a sealed opaque envelope that clearly identifies the bidder and the project, and shall also include the following information: Company name and business address Contractor's license type and number(if required) Business phone number Contact person Sealed bid proposals will be received at the office of the City Clerk of the City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260 up to and including the time and date indicated for the subject contract in the Notice Inviting Sealed Bids. C3�770 SECTIOfV 1, CONTRACT DOCUME�ITS Page 7 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS TOTAL BID AMOUNT AND ATTESTATION OF BIDDER TO: CITY CLERK City of Palm Desert 73510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Sealed Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the specifications. The costs of any work shown or required in the 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 Specifications. TOTAL ANNUAL AMOUNT OF BASE BID IN FIGURES $ TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS Undersigned hereby acknowledges receipt of the number o#Addendums circled ou MUST circle a number 0 1 2 3 4 5 Company: Address: Telephone: Fax: Bid Prepared By: Title: Signature: Date: C30770 SECTION 1, CONTRACT DOCUMENTS Page 8 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS CONTRACTOR'S PROPOSAL BY BID LOCATION 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 and planter $ $ 2. Fred Waring Drive medians and parkway $ $ 3. Town Center Way medians $ $ 4. Cook Street medians $ $ 5. Hovley Lane East medians $ $ 6. Portola Avenue median and parkway $ $ 7. Via Cinta median $ $ 8. Phyllis Jackson Lane parkway $ $ 9. Eldorado Drive median $ $ 10. Washington Street medians $ $ 11. 74833 Joni Drive (old Corporation Yard) $ $ 12. Corporation Yard $ $ 13. Magnesia Falls Drive medians and parkway $ $ 14. San Pablo Avenue medians $ $ 15. Town Center Way Fire Station $ $ 16. Portola Fire Station $ $ TOTAL $ $ (annual total must match total on previous page) C30770 SECT(ON 1, CONTRACT DOCUMENTS Page 9 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS WORK EXPERIENCE AND TECHNICAL ABILITY OF THE BIDDER This project is located in a desert with extreme environmental conditions. Desert plant material is therefore very specialized in nature. In addition, the City of Palm Desert has adopted naturalistic pruning methods that must be followed by its landscape maintenance contractors. To be considered qualified to perform this contract, contractors must have adequate experience perForming a wide range of landscape maintenance activities that include the care of desert and desert-adapted plant materials. Such levels of experience and skill are typically gained by performing contractual (12-month minimum) landscape maintenance for a public agency, for 3 of the last 5 years, and performed in areas adjacent to streets and parkways. The bidder is required to state all work of a similar character to the work described in the proposed contract, that he has performed in the last three years. In the space below, provide references with a contact person, address, and phone number for verification of said work. Bidders may attach additional pages to provide the information required by this portion of the proposal, if necessary. REFERENCES Contract Completion Amount Class of Work Date Contact Person 1 � Name Business Name Address Phone 2 $ Name Business Name Address Phone 3 $ Name Busi�ess Name Address Phone C30770 SECTION 1, CONTRACTDOCUMENTS Page 10 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS FINANCIAL STANDING OF THE BIDDER AND STATEMENT OF RESOURCES FOR EXECUTION OF THE CONTRACT The City Council of the City of Palm Desert reserves the right to reject bids from firms that do not demonstrate adequate financial standing to execute the terms of the contract. Due to the location, size/extent and maintenance requirements of the maintenance area, bidder is required to state how it will provide the necessary maintenance and services in the specifications. State the estimated manpower your company will use each week to fulfill the contract. Include supervision, irrigation and general labor sub- categories. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may also be required by CITY. C30770 SECTION 1, CONTRACT DC7CUMENTS Page 11 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS BIDDER INFORMATION The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Physical Address (2) Mailing Address (3) Telephone No. (4) Type of Firm (Individual, Partnership or Corporation) (5) Corporation organized under the laws of the State of (6) City of Palm Desert Business �icense No. (7) C-27 Contractor's License No. Exp. Date (8) List the names and addresses of all OWNERs of the firm or names and titles of all officers of the corporation: (9) Number of years experience as a Contractor (10) Number of years experience with municipal landscape maintenance contracts (11) California State Pest Control Applicators License (QAL)for chemical applications category B License Number and Name of Licensed Personnel: (12) LocalOffice Address: Phone: ( ) (13) Emergency Contact Person Name and Phone C30774 SECTION 1, CONTRACT DOCUMENTS Page 12 (14) List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheef Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (15) List the name of the person who inspected the site of the proposed work for your firm (16) This bid was prepared by: Name (print) Signature Telephone (17) Contact person: Name(print) Telephone Contractor hereby swears under penalty of perjury that the information provided is true and correct. By: Title: Signature Contractor C30770 SECTION 1,CONTRACT DOCUMENTS Page 13 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) , being first duly sworn, deposes and says that he/she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and neither collusive nor sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. By: Signature(Contractor) Title(Contractor) Jurat Certificate State of California } ) County of ) Subscribed and sworn to (or affirmed)before me on this day of (month), (year),by , proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. Signature of Notary (Seal of Notary) C30770 SECTtON 1, CONTRACT DQCUMENTS Page 14 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, as Principal, and , as Surety, are held and firmly bound unto City of Palm Desert(Owner) in the sum of$ (10% of Principal's bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden Principal to perform certain work described as follows: LANDSCAPE MAINTENANCE AREA 02: The general items of work to be done hereunder consist of, but are not limited to: landscape, irrigation, hardscape, and hardscape maintenance and dated is accepted by City of Palm Desert, and if the above bounden Principal shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. (Remainder of this page has infentionally been left blank. Signature blocks are contained on the next pageJ C30770 SECTION 1, GONTRACT DOCUMENTS Page 15 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this day of 20 Contractor's Name: Contractor's Signature: Title: Address: Telephone: Surety's Name: Surety's Signature: Title: Address: Telephone: C30770 SECTION 1, CONTRACT DOGUMENTS Page 16 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 POST-AWARD CONTRACT DOCUMENTS AGREEMENT This AGREEMENT is made and entered into this day of 20 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or"Agent" and hereinafter called "Contractor." WITNESSETH: WHEREAS, on , City invited bids for landscape maintenance services for City-maintained properties known as Landscape Maintenance Area No. 2 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: TERM. The term of this Agreement shall be from July 1, 2011, through June 30, 2013, or to such later date as may be agreed in writing between parties. This contract allows for an option of two one-year contract extensions based on Contractor's performance and mutual agreement. CITY'S OBLIGATIONS. For furnishing 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 City. 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. HOLD HARMLESS AND INDEMNIFICATION. Contractor agrees to defend, indemnify, and hold harmless 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 City and do whatever is necessary to protect City of Palm Desert, its o�cial, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. C30770'SECTION 1, CONTRACT DOCUMENTS Page 17 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. 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 shall 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 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 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. INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and Conditions; Instructions to Bidders, General Terms and Conditions; Specific Terms and Conditions; Contractor's Proposal Submission Forms; 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. 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. 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. C30770 SECTION 1, CONTRAGT DOCtJMENTS Page 18 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. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: To City: To Contractor: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. 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. 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 JEAN M. BENSON, 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 C3077�SECTfON 1, CONTRACT �OCUMENTS Page 19 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } }SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CITY NOTARY ACKNOWLEDGMENT State of California } }SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) C30770 SECTtON 1, CONTRACT �OCUMEN7S Page 20 CITY OF PALM DESERT �ANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 POST-AWARD CONTRACT DOCUMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 2 PROJECT NO. 902-11 CONTRACT NO. C30770 and WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the perFormance of said contract, NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be perfiormed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, identical counterparts of this instrument, each of which C30770 SECTiON 1, CONTRACT DOCUMENTS Page 21 shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER C30770 SECTION 1, G(JNTRACT DOCUMENTS -Page 22 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 POST-AWARD CONTRACT DOCUMENTS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 2 PROJECT NO. 902-11, CONTRACT NO. C30770, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surery, are held and firmly bound unto City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subContractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the perFormance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its subContractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor or his or its SubContractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. C30770 SECTION 1, CONTRACT DOCUMENTS Page 23 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury DepartmenYs most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, address and telephone no. of Surety) (Name, address and telephone no. of agent or representative for service of process in Califomia, if different from above) C30770 SECTION 1, CONTRACT �OCUMENTS Page 24 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 SECTION 2: SPECIFICATIONS GENERAL TERMS AND CONDITIONS INDEMNIFICATION CONTRACTOR agrees to indemnify CITY, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent perFormance of the work, operations or activities of CONTRACTOR, its agents, employees, subcontractors, or invitees provided for herein, or arising from the negligent acts or omissions of CONTRACTOR hereunder, or arising from CONTRACTOR's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of CITY, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of CITY, its officers, agents or employees, who are directly responsible to CITY, and in connection therewith: (a) CONTRACTOR will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees incurred in connection therewith; (b) CONTRACTOR will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perForm such work, operations or activities of CONTRACTOR hereunder; and CONTRACTOR agrees to save and hold CITY, its officers, agents, and employees harmless therefrom; (c) CONTRACTOR shall maintain strict compliance with all provisions of Cal-OSHA Standards and Regulations. CONTRACTOR acknowledges and hereby agrees to be defined as the "controlling employer" at the job site. As the "controlling employer," CONTRACTOR shall take reasonable steps to ensure that all employees and subcontractors maintain compliance with Cal-OSHA Standards and Regulations. CONTRACTOR shall be responsible for all fines, penalties and judgments and any delays in completing contract requirements that result from Cal-OSHA action; (d) In the event that CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONTRACTOR for such damages or other claims arising out of or in connection with the negligent performance of or failure to perForm the work, operation or activities of CONTRACTOR hereunder, CONTRACTOR agrees to pay to CITY, its officers, agents or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. C30770 SECTION 2, SPECtFtCATIONS Page 1 INSURANCE Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on an occurrence basis with a combined single limit of at teast $2,000,000 per occurrence, and $3,000,000 general aggregate, for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall add the City of Palm Desert as an additional insured in accordance with the language below. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. The General Liability Policy shall be primary and non-contributing insurance or endorsed to be primary and non-contributing insurance. The Commercial General Liability insurance policy shall add "the City, its officers, employees and agents" as additional insured. If the contract is with a City Agency the Commercial General Liability insurance policy shall add "the City, the Agency, its officers, employees and agents" as additional insured. The insurer shall waive all rights of subrogation and contribution it may have against City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to City. No work or services under this Agreement shall commence until Contractor has provided City with (1) Certificates of Insurance and (2)Additional Insured Endorsements that are approved by City. In the event Contractor subcontracts any portion of the work, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to this Section. WORKERS' 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 similarly provide workers' compensation insurance by protection afforded by, workers' compensation insurance carried by the Contractor. C30770 SECTION 2, SPECIFICATfONS Page 2 SAFETY PROGRAM Upon request by City, Contractor shall furnish City with a copy of its California OSHA required Injury and Illness Prevention Plan, or written description of its exemption, before proceeding with any work under this agreement. COMPLIANCE WITH CALIFORNIA OSHA Contractor shall ensure 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 Contactor. PROTECTION OF THE PUBLIC Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of falling limbs, equipment, and brush chippers. A brush chipper must not be left unattended at any time and workers must be located within fifteen (15) feet of and perform diligent monitoring of a brush chipper at all times while the motor is running. When not in use, a brush chipper must have a brush guard and all protective covers securely fastened. Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property. Whenever, in the opinion of City, an emergency exists where Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property, or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or to prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, City may provide suitable protection to said interest by causing such work to be performed and material to be furnished as, in the opinion of City, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by Contractor. If he shall not pay said cost and expense upon presentation of the bills therefore duly certified by the Director of Public Works or his designee, then said cost and expense will be paid by City and shall thereafter be deducted from any amounts due, or which may become due, said Contractor. Failure of Contractor to take such precautionary measure shall not relieve Contractor of his full responsibility for public safety. Materials, equipment, and debris shall be stored so as to not create a public nuisance. No materials or equipment, nor debris shall be stored at the project site without prior written authorization. Contractor shall design, construct and maintain all safety devices, equipment and vehicles in conformance with all local, state and federal safety and health standards, laws and regulations. C30770 SECTIQN 2, SPEC{FICATIONS Page 3 PROTECTION AND RESTORATION OF EXISTING FACILITIES This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way and other impacted areas. Types of existing improvements and services consist of but are not limited to the following: existing roads, sidewalk, landscaping, irrigation, signs, and associated structures; private property; landscaping; irrigation; water appurtenances; light poles; carports; walls, fences and gates. Damage to facilities caused by Contractor's operations shall be repaired or replaced by and at the expense of Contractor. If existing sidewalk or curb is damaged, entire panels shall be removed and replaced; no new joints will be allowed. Contractor shall take all precautions to protect all existing improvements. Existing private properties and improvements shall be carefully protected. Any damages to irrigation systems, landscaping, fences, or improvements shall be repaired by Contractor at Contractor's expense and to the satisfaction of the property owner within twenty-four(24) hours of report of the damage. Contractor shall keep streets within the work area clean at all times. Any cleanup performed by city crews due to poor cleaning practices shall be charged to Contractor at . overtime rates. Contractor shall remove from public and private properties at its own expense all rubbish and waste materials resulting from its operations; including any material that may fall in swimming pools, lagoons, or other water features. If on private property, Contractor must obtain permission from property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by the Director of Public Works or his designee. All existing surfaces, whether asphaltic or concrete, Portland cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after performance of the work contracted herein, be restored to a condition equal to that which existed prior to commencement of the work. All restoration shala be in-kind unless otherwise directed by the Director of Public Works or his designee. All removal, maintenance, and replacement of existing landscape shall be performed by a licensed C27 Landscaping Contractor. 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. CONTRACT ASSIGNMENT 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. C3077�SECTION 2, SPECtFECATFONS Page 4 NON-DISCRIMINATION In the performance of the terms of this contract, Contractor agrees that it wili not engage in, nor will it permit its subcontractors to engage in, discrimination in the employment of persons on the basis of age, race, color, sex, national origin or ancestry, or religion. REVIEW OF CONTRACT DOCUMENTS AND JOB SITE Contractor shall carefully study and compare the contract documents with each other and with information available to Contractor and furnished by City and shall immediately notify the Director of Public Works or his designee of errors, inconsistencies and/or omissions discovered. If Contractor performs any activity knowing it involves a recognized error, inconsistency or omission in the contract documents without notice to the Director of Public Works or his designee, Contractor shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the contract documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Director of Public Works or his designee immediately. TIMELY EXECUTION OF AGREEMENT The bidder to whom the award is made shall execute a written agreement with 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 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. CONTRACT INITIATION CONFERENCE The date, time and location for a meeting will be established after award of the bid. A preliminary work schedule will be required at this meeting. ENCROACHMENT PERMIT Before commencing work, Contractor shall apply for and receive a no-fee permit to work within the public right-of-way. A city inspector will be assigned to monitor compliance with the terms and conditions of the encroachment permit, including traffic control procedures and devices. 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. C30770 SECTION 2, SPECIF1CATtONS Page 5 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), 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. LOCAL OFFICE Contractor shall maintain a local office with a competent representative that can be reached during normal working hours and is authorized to discuss with City all matters pertaining to this contract. A local office is one that can be reached by telephone without toll call charges. An answering service or mobile telephone shall not fulfill the requirement for a local office. SUFFICIENT PERSONNEL Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing, on schedule, all work required under this contract. CITY-FURNISHED EQUIPMENT City will not furnish equipment for this project. COORDINATION WITH OTHER CONTRACTORS City expects to have one or more separate contractors/utility companies working in the same area at the same time. Contractor shall coordinate and cooperate with any and all separate contractors at no additional cost to City. Such coordination may include, but will not be limited to, participation in regularly scheduled or special meetings with City, residents, and/or other contractors; sharing work and materials storage areas; scheduling work to coincide with work of another contractor and to minimize disruption to residents; and similar tasks requested by City. CONTRACTOR IDENTIFICATION 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 the vehicles. MEASUREMENT AND PAYMENT The cost of all labor, material and equipment necessary to complete the work, including traffic control measures, as described in the specifications shall be included in the price of the contract. PAYMENT TERMS Contractor shall be paid monthly, in arrears, for the work specified and performed satisfactorily under this contract. 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). C30770 SECTION 2, SPECtFICATIONS - Page 6 PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT City has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, 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, City shall implement a standard $100 cost per incident. The following describes deficiencies: 1. Failure to comply with contract specifications. 2. Failure to comply in a timely manner with contractually legitimate requests made by City. 3. Failure to provide specified reports or falsification of reports. 4. Failure to supply adequate equipment, labor or supervision. 5. Failure to repair deficiencies in the allotted time frame. 6. Failure to comply with schedules. 7. Failure to protect public health and safety. 8. Failure to provide contractor identification on vehicles or employees. In the event Contractor fails to perForm contractual obligations to the satisfaction of City, City may choose to obtain the services of a separate landscape maintenance provider to fulfill Contractor's obligations, and any and all associated charges shall be the responsibility of Contractor. INSPECTION OF THE WORK Inspection of the work will be made based on the submitted and approved work schedule. Inspections may occur with or without prior notice to Contractor. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by City. 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. C30770 SEGTtON 2, SPECIFfCATtONS Page 7 HOURS OF WORK Unless otherwise approved by City, Contractor shall not work outside the established hours of operation for this project: May 1 through September 30 Weekdays (MTWTF): *6:00 AM to 7:00 PM Weekends (Saturday): **8:00 AM to 5:00 PM Weekends (Sunday): No Work City Holidays: No Work October 1 through April 30 Weekdays (MTWTF): *7:00 AM to 5:30 PM Weekends (Saturday): **8:00 AM to 5:00 PM Weekends (Sunday): No Work City Holidays: No Work Failure to observe these work hours may result in a citation being issued to the offenders by the police department. (Emergency work directed by City is not held to these restrictions.) *Work performed in The Grove development will not begin before 8:00 AM. *Work performed on EI Paseo must be completed no later than 10:00 AM. **Work is permitted on Saturdays only with prior approval by City. Work is not permitted during city holidays. C30770 SECTION 2, SPECIFICATIONS Page 8 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 SPECIFIC TERMS AND CONDITIONS BID LOCATIONS 1. Monterey Avenue medians, Country Club Drive to Hwy 111, and parkway planter at west end terminus of Guadalupe Ave 2. Fred Waring Drive medians and parkway: � All medians east of Cook Street to Washington Street • North parkway planters between Warner Trail and Tennessee Avenue, including planters and cobble areas west of Tennessee • All medians, Cook Street to Hwy 111 • South parkway planters between Portola Avenue and Deep Canyon Road • Monument entry sign planter at the northwest corner of Washington Street and Fred Waring Drive 3. Town Center Way medians between Highway 111 and Fred Waring Drive 4. Cook Street medians between Merle Drive and Country Club Drive 5. Hovley Lane East medians: • Between Portola Avenue and Beacon Hill • From Water Way to 600' east of Oasis Club Drive 6. Portola Avenue median and parkway: • Median between Alessandro and EI Cortez • East side parkway planter befinreen San Marino South and EI Cortez 7. Via Cinta median 8. Phyllis Jackson parkway, approximately 320 lineal feet south of Fred Smith Way 9. EI Dorado Drive median from Country Club Drive to Hovley Lane East 10. Washington Street medians, Fred Waring Drive to Country Club Drive � � Mountain View Avenue, west of Washington Street(two planters) • Delaware Avenue, west of Washington Street(two planters) 11. Frontage at 74833 Joni Drive(old Corporation Yard) 12. Corporation Yard at 74-705 42nd Avenue (includes all interior and perimeter planters and perimeter planters east of Corporation Yard) 13. Magnesia Falls medians and parkway: • All medians between Monterey Avenue and Deep Canyon Road • Parkway planters northwest corner at Deep Canyon Road � North wall parkway planters from San Pascual Channel Bridge to Portola Avenue • South wall parkway planters from Rutledge Way to Deep Canyon Road • Bike path between Whitewater Channel and Canyon Crest development perimeter from Deep Canyon Road to Cook Street 14. San Pablo Avenue medians between Highway 111 and Fred Waring Drive 15. Town Center Way Fire Station between Hwy 111 and Fred Waring Drive 16. Portola Avenue Fire Station, southwest corner of Portola and Country Club Drive C30770 SECTION 2, SPECIFICATIONS Page 9 SCOPE OF SERVICES AND TERM OF CONTRACT 1. Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations, at the level of maintenance and service defined by City, for a period of twenty-four (24) months commencing on July 1, 2011. City has the option of twice extending the contract for one year, based on the performance of the Contractor and by mutual agreement. The work shall include, but is not limited to, proper horticultural practices, as defined in the City of Palm Desert Landscape Maintenance Manual, maintenance of all landscape materials and hardscape structures as designated in the following specifications and per the Frequency Schedule. 2. Contractor shall provide appropriate equipment and labor for the execution of all maintenance activities. City reserves the right to inspect and/or approve any equipment used in this contract. If City deems the equipment to be in disrepair or inappropriate to the task at hand, City may require that the equipment be removed from the job site and replaced with a different piece of equipment. 3. Contractor shall provide personnel fully trained in all phases of landscape maintenance, tree maintenance, and irrigation maintenance and operation. Contractor shall provide personnel capable of effective verbal communication with City representatives. If City deems personnel to be inadequate to accomplish the task at hand, City may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 4. Prior to commencement of the contract, designated City representative(s) and Contractor will perform a mandatory acceptance walk-through inspection of the contract area. It is Contractor's responsibility to identify to City unacceptable conditions with plant material, trees, and/or irrigation systems at the time of the walk-through. At City's discretion, unacceptable conditions may be resolved with the current (outgoing) contractor or with the successor Contractor on a "one-time only, extra-work" basis. After such corrections are made, the successor Contractor will be responsible for all contractual services. 5. Contractor shall replace, at no additional cost to City for labor or materials, any plant or tree that dies beginning 30 days from commencement of the contract throughout the term of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or otherwise improper care. 6. Contractor shall remove debris caused by all maintenance activities, including pruning and tree maintenance, on the same working day that such debris is accumulated. 7. Contractor shall provide the labor and equipment for the application of fertilizers. Fertilizer products will be supplied by City. 8. The application of fungicides will be pertormed outside the scope of this contract. C30770 SECTtON 2, SPECIFICATIONS Page 10 9. Monthly reports for irrigation, green waste, and pesticide application shall be submitted no later than the first Monday of each month, for the preceding month. a. The Irrigation Monthly Report shall include, but not necessarily be limited to, the following: date, irrigation technician identification, site identification, controller and valve identification, description of service and/or repair, statement of plant material condition as relates to water needs, and a section for general notes or comments. b. The Green Waste Monthly Report submittal shall include the green waste facility tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and address of the waste facility, the weight, and the City's name. c. The Pesticide Application Monthly Report shall consist of a copy of the monthly report submitted to the Riverside County Agricultural Commissioner or, in the case of no pesticide applications made, a statement to that effect in the form of a letter or memorandum to City. SAFETY AND TRAFFIC CONTROL 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. 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, Contractor shall notify City at least 24 hours in advance and shall comply with procedure outlined in the WATCH Manual. VEHICLES ON SIDEWALKS AND TURF No vehicles shall drive on sidewalks or turf without prior City approval. REFUSE DISPOSAL All refuse collected shall be removed and taken to a sanitary landfill at Contractor's expense. Disposal of debris shall not be allowed in any City trash can, bin or other City facility(i.e., corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City. GREEN WASTE Contractor shall remove all green waste generated from maintenance operations on a daily basis. No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City trash can, bin or other City facility(i.e., corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City. Contractor shall recycle all green waste removed from City landscaped areas at a County-licens.ed compost facility. 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. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report. C30770 SECTION 2, SPEC(FiCATIONS Page 11 SCHEDULES City shall provide to the successful bidder a blank work schedule form based on the frequency schedule. At the pre-contract start-up meeting, Contractor will present a baseline schedule of the work for the upcoming year, using this form and this form only. This schedule will be considered the permanent schedule. If, during the first thirty days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. Failure to provide a completed schedule shall be considered a performance deficiency. Contractor shall adhere to the schedule. City must receive notification of changes at least 24 hours in advance. LICENSE AND CERTIFICATION REQUIREMENTS Contractor shall possess all permits and licenses required to comply with city, county, state or federal laws for the work activities perFormed, including the use of chemicals. Contractor assumes responsibility and liability for use of all chemical controls and shall at all times perform chemicat applications in accordance with governmental regulations and industry standards for their safe and appropriate use. At the time that the bid is submitted, Contractor shall possess current licensure and certification as follows, and same shall be maintained current and valid for the term of the contract: • G27 Landscape Contractor License • California State Pest Control Applicators License (QAL) for chemical applications category B for the person(s) supervising or performing herbicide applications • Riverside County Pesticide Business License At the time of contract award, Contractor shall possess a current City of Palm Desert Business License. SPECIFIC SERVICES TO BE PERFORMED The specific services to be performed include the following: Plant Litter and Trash Control 1. Contractor shall remove and appropriately dispose of all plant litter (broken branches and limbs); trash and/or paper, cans, bottles, broken glass; dog droppings and any other out-of-place or discarded items. 2. Where trash cans are present, Contractor shall remove and dispose of their contents and replace the liners (trash bags). City will provide the liners/bags. Pest Control 1. Rodent control will be performed on an as-needed basis and is outside the scope of this contract. 2. Contractor shall immediately report any bee activity (swarms or hives) detected. Bee removal is the responsibility of City. 3. City, at its discretion, may require from Contractor all Material Safety Data C30770 SECTION 2, SPECIFICATIONS Page 12 Sheets, pesticide labels, and Pesticide Control Advisor recommendations for any and all pesticide applications performed. 4. Contractor shall provide complete and continuous control and/or eradication of all weeds from February 15 through April 15. 5. Contractor shall provide monthly control and/or eradication of all weeds from April 16 through February 14. 6. Areas to be weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs, expansion joints, fence lines, drainage areas, cobbte areas, bare areas, and the area around trees. 7. Mechanical and/or chemical methods of weed control are acceptable for annual and perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be controlled by chemical means only. 8. Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred. 9. Weeds in turf areas will be managed on an as-needed basis and shall be considered extra work. Plant Maintenance 1. All plant material in the public right-of-way shall be maintained behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public. Plant material creating line-of-sight impairment for drivers will be addressed outside the scope of this contract. 2. Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one month, unless otherwise directed by City and/or the contract documents. If offshoots are present, they will be left in place and irrigation will be adjusted to assure adequate water supply to the offshoots. 3. All plant material shall be pruned in accordance with the City of Palm Desert's "LandScape Maintenance Guidelines" book. The book, intended to serve as a visual guide to contractors, also provides pruning techniques and a calendar for ideal maintenance timing. City may, at its own discretion, alter time lines or techniques and supply additional reference materials as City deems necessary. 4. Specific high-profile areas have been seeded with wildflowers. City staff will identify these areas to Contractor. It shall be Contractor's responsibility to maintain and preserve these wildflower population areas. Contractor shall be responsible to replace any wildflowers disturbed or destroyed by any of Contractor's maintenance activities. Tree Maintenance 1. All tree pruning shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute(ANSI) standards, the City of Palm Desert's Landscape Maintenance Guidelines book and the Tree Pruning Ordinance. C30770 SECTION 2, SPECIFICATIONS Page 13 2. Contractor shall perform safety and sucker pruning on all trees (excluding palms) fifteen feet in height and under. All broadleaf and palm tree pruning will be performed outside this contract. Contractor shall prune fronds, flowers, and seed pods on all palms that have six feet of brown trunk or less. 3. Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Any broken, dead or detached limb is considered a hazard and upon notice from City, Contractor must remove such limbs by close of business the same day. 4. Trees broken or damaged as a direct result of storm, wind, accident, vandalism or structural failure shall be pruned and/or removed, upon City's request to Contractor, within 24 hours of notification and shall be an extra to this contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an extra cost. Turf Maintenance - General 1. All turf areas must be mowed in a manner that provides for the adequate and safe use of each facility for its intended purpose. 2. Bermuda grass will be mowed at %4" height during the active-growth period. 3. Rye grass will be mowed at 1" height starting with its first cut after overseeding and continuing until spring when the Bermuda grass becomes active. 4. Clippings may remain after mowing but must be evenly dispersed. In the event there is an overabundance of clippings, Contractor shall rake, sweep or vacuum, pick up and dispose of these clippings at no additional cost to City. 5. Detailing and edging of turf shall include chemical and/or mechanical detailing using a string trimmer or an edger around buildings, sidewalks, mow strips, paved areas, valve boxes, goal posts, light fixtures, fence lines, walls, along infield edges, behind backstops, drainage areas, and bare areas in planters. An edger shall be used on 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 City. 6. Contractor shall provide the labor and equipment for the application of fertilizers. Fertilizer products will be supplied by City. 7. Mechanical core aeration shall be performed to a minimum depth of four inches (4"). Cores may be swept or mowed and dispersed during mowing operations unless otherwise requested by City. Turf Maintenance—Overseedin� 1. Turf areas designated for overseeding will be indicated in the Frequency Schedule. City will provide specific dates and times for overseeding scheduled based on the use of each facility. 2. Contractor shall begin lowering the height of the turf during the scheduled weekly mowing approximately three weeks before the final cut. One week before the final cut, City will reduce irrigation to the minimum in the turf areas. Contractor shall mow turf to a height of one-half inch(1/2") and mower blades shall not be allowed to disturb the soil. C30770 SEGTION 2, SPECIFtCAT14NS Page 14 3. All grass ciippings generated from this process wiil be vacuumed, swept or raked after each cut. 4. A light irrigation syringe cycle will be applied before the final cut to keep the dust levels to a minimum (per Coachella Valley Association of Governments guidelines). 5. Actual dates for the final mowing will be determined by City. Mowing activities will vary due to scheduled field use, condition of fields, and the actual mowing height needed to ensure seed-to-soil contact. 6. City shall supply grass seed. It will be the responsibility of Contractor to obtain grass seed from the City's corporation yard. The application rate for the seed shall be no less than 8 pounds per 1,000 square feet. Turf Maintenance for Non-Overseeded Areas 1. From November 1 through March 31, mowing and irrigation on non-overseeded turf areas will be reduced per the Frequency Schedule. Hardscape, and Decomposed Granite (DG) Planter Areas 1. Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all sidewalk and hardscape areas after all maintenance activities or as indicated in the Frequency Schedule. 2. Contractor shall rake planter areas. Contractor shall not rake underneath living plant material, unless directed to do so by City. Slope areas are to be raked horizontally and not from top to bottom. If existing grade is adversely affected by raking activities, Contractor shall re-establish an appropriate grade to the satisfaction of City. 3. Using power-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall power-wash monuments and signs, sidewalks, curbs, gutters, drains, benches, dog park fixtures, drinking fountains and miscellaneous hardscape fixtures. 4. Contractor shall remove litter and debris obstructing spillways and their associated drain grates. Irriaation Svstem Maintenance 1. The operation, maintenance, and scheduling of all irrigation controllers and attached sensors shall be the responsibility of City and at no time will Contractor make adjustments to a controller, sensor equipment, or schedule unless otherwise directed to by City. 2. All irrigation systems and their individual components shall be kept in adjustment to ensure proper water coverage and prevent unacceptable conditions such as insufficient water distribution (plant death), overspray, excessive runoff, and erosion. 3. Repairs or replacements to the irrigation system shall be made with like parts. 4. Contractual irrigation system inspections, adjustments, and repairs shall include: a. Valves: electrically actuated irrigation control valves, quick coupler valves, end line flush valves, lateral line flush valves, and master valves. All valves will be checked for proper operation, leaks, and solenoid function and connections (where applicable). Automatic valves will be activated from the irrigation controller, not from the bleeder valve. C30770 SECTION 2, SPEGIFICATIONS Page 15 b. The electrical circuit from the irrigation controller to the valve will be checked for proper operation. c. Filter and filter screen cleaning. d. Lateral lines will be checked for breaks and leaks, and will be flushed at least yearly and additionally when necessary to ensure proper system performance. e. Emission device checks, adjustments, and repairs (City will provide parts) shall include: sprinkler head height adjustment; nozzle spray pattern adjustment; nozzle cleaning and replacement; bubbler head height adjustment, cleaning, and replacement; tree well repair; and drip emitter cleaning, replacement, and removal and plugging if no plant is present. 5. Non-contractual irrigation system repairs: a. No non-contractual work will be initiated without an approved City Work Order. b. When irrigation system malfunction or damage is detected, the repair of which is non-contractual in nature, Contractor will flag the location and notify City before the close of the same work day. c. Upon receipt of an approved City Work Order, repairs to a non-operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise indicated on the Work Order. d. All repairs deemed non-contractual will be paid on a time-and-materials basis. e. Labor will be billed per the rates under the PerFormance of Extra Work heading. f. Materials will be billed at "cost plus 15%" or, at City's discretion, materials will be supplied to Contractor by City. 6. Contractor shall maintain an adequate supply of irrigation parts readily available to Contractor's irrigation technician for making routine repairs of lateral lines one inch in diameter and smaller without leaving the irrigation site. 7. Contractor shall return to City all irrigation parts that have been replaced. 8. City will perform regular inspections of irrigation systems to ensure accuracy of Contractor's irrigation reports. If discrepancies are found, City shall consider this a perFormance deficiency. Annual Color Installation and Maintenance (EI Paseo and Civic Center (LMA 9 and 17 onlvl 1. Contractor shall provide the labor to remove existing color, prepare the beds and install the new annual color. a. Prepare the planting beds by removing existing color, weeding, rototilling amendments, and applying fertilizers. b. Offload the flowers and transport them to the planting sites. c. Install the new plant material within �ve calendar days from date of delivery. d. Plants will be spaced as directed by City. City will provide the plant material. 2. For EI Paseo, there are approximately 873 flats of 4" color in the fall and 420 (36- count) flats in the spring. For Civic Center, there are approximately 70 flats of 4" color in the fall and 44(36-count)flats in the spring. C30770 SECTION 2, SPECIFICATlONS Page 16 3. Contractor shall maintain annual color by deadheading old biooms, removing weeds, and removing dead plant material. Performance of Extra Work 1. Contractor shall not perform extra work without City authorization. Authorization shall be in writing, on a completed City Extra Work form, and signed by an authorized City representative. 2. Extra work labor shall be paid at an hourly rate, as follows: a. Supervisor: $40.00 / hour b. Irrigator: $35.00 / hour c. Laborer: $22.00 / hour 3. Extra work materials shall be paid at the rate of"cost plus 15% mark-up." 4. Invoicing for extra work shall include an itemized invoice describing labor hours at the contract rate, materials costs, and copies of materials invoices from the supplier(s). 5. Contractor shall maintain annual color by deadheading old blooms, removing weeds, and removing dead plant material. C30770 SECTION 2, SPEGIFICATIONS Page 17 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 SECTION 3: ATTACHMENTS Attachment 1: Frequency Schedule C30770 SECTION 3,ATTAGHMENTS Page 1 Attachment 2: Frequency Schedule Legend C30770 SECTION 3, ATTAGHMENTS Page 2 LANDSCAPE MAINTENANCE AREA CONTRACTS 2011 FREQUENCY SCHEDULE LEGEND A Daily, 7 days per week B Daily, Monday through Friday C Daily, before close of business (5:00 p.m.), Monday through Friday D Weekly, before close of business (5:00 p.m.) on Friday E Three times weekly (Monday, Wednesday, Friday) - F Bi-weekly (every 2 weeks) G Monthly (12 times per year, every month) H Bi-monthly (6 times per year, every two months) I Quarterly (4 tirnes per year) J Semi-annually (2 times per year) K Annually (1 time per year) L Seasonal M As needed to maintain plant material health and/or public safety N Asneeded October 1 to April 30, once monthly; May 1 to September 30, every 2 weeks; O Except turf and annual color areas which are always weekly P Monthly, from May to October (6 times) Q October 1 to April 30 every other week; May 1 to September 30 weekly October 1 to May 30, three times weekly (Monday, Wednesday, Friday), before R 10:00 a.m.; June 1 to September 30, once a week S Daily, before 7:00 a.m., 7 days per week T Weekly, on Friday, by 6:00 a.m. U Cor�tinuously November 1 - March 31; monthly April 1 - October 31 V Weekly April 1 - October 31; monthly November 1 - March 31 Attachment 3: Maps C30770 SECTtON 3,ATTACMMENTS- Page 3 C ATTAC H M E N T 2 TO EXHIBIT C Specifications for Palm Tree Pruning Services ���w� �`.. �M **,,`;,.**'�?�ii�Ml ; CITY OF PALM DESERT RIVERSlDE COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONTRACT NO. C32530 PROJECT NO. 931-13 CITYWIDE PALM TREE PRUNING MAR EE , P.E. DIRECT4 OF PUBU WORKS 73-510 F ED WARING DRiVE PALM DESERT� CALIFORNIA 92Z60 February 2013 TABLE OF CONTENTS CITYWIDE PALM TREE PRUNING PROJECT NO. 931-13, CONTRACT NO. C32530 *Once-Starred/tems Must Be Returned With Bid **Twice-Starred Items Must Be Returned Upon Award of Contract SECTION 1 -CONTRACT DOCUMENTS NOTICE INVITING BIDS Bid Due Date 1 Work Included in Bid 1 Availability of Specifications 1 Prevailing Wage Determination 1 Form of Bid 1 Questions Due 1 Agency Rights 2 Contractor Licensure Requirement 2 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS Bid Proposal Submission- Instructions for a Complete Package 3 Addenda 4 Interpretation of Documents 4 Requirement to Meet all Bid Provisions 4 Requirement to Bid on the Complete Work 4 Submission of One Bid Only 4 Qualifications of Bidders 4 Subletting and Subcontracting 5 Bid Withdrawal, Late Submissions, Public Bid Opening 5 Communication Regarding Bid 5 Evaluation of Bids 5 Bid Retention and Award of Contract 5 Inspection of Site 6 Contract Initiation Meeting 6 Non-collusion Affidavit 6 Contract Documents Identified 6 Licenses and Certifications Required 6 Bonds Required 6 Return of Guarantee 7 CONTRACTOR'S PROPOSAL SUBMISSION FORM * Attestation of Bidder 8 * Bid Per Tree 8 * Addenda Acknowledgement 8 �` Signature of Bid Preparer 8 * Information Required of Bidder 9 * A�davit of Non-collusion 11 * Bid Bond 12 POST-AWARD DOCUMENTS ** Agreement 14 ** Contractor Notary Acknowledgment 18 *�` Performance Bond 19 ** Payment Bond 21 SECTION 2 -SPECIFICATIONS GENERAL TERMS AND CONDITIONS Indemnification 1 Insurance 2 Review of Contract Documents and Job Site 4 Protection of the Public 5 Protection and Restoration of Existing Facilities 6 Contract Price Includes All Work 6 City-furnished Equipment 7 Coordination with Other Contractors 7 Encroachment Permit 7 Inspection of the Work 7 Contract Assignment 7 Non-discrimination 7 Hours of Work 8 SPECIFIC TERMS AND CONDITIONS Scope of Work 8 Pruning Requirements 9 Contract Initiation Conference 10 Scheduling and Work Completion 11 Responsibility for Job Site Conditions 12 Safety 12 Traffic Control 13 Damage to Public or Private Property 13 Work Performed on Private Property 14 Debris Removal and Composting of Green Waste 14 Liquidated Damages 14 Measurement, Invoicing, and Payment 14 SECTION 3 -ATTACHMENTS Attachment 1 —City Palm Tree Inventory Attachment 2 —City Vicinity Maps and Area Descriptions Attachment 3 — Housing Palm Tree Inventory Attachment 4 — Housing Vicinity Map and List of Properties NOTICE INVITING SEALED BIDS 2013 CITYWIDE PALM TREE PRUNING PROJECT NO. 931-13 CONTRACT NO. C32530 PUBLIC NOTICE IS HEREBY GIVEN that the City of the Palm Desert ("CITY") and the Palm Desert Housing Authority ("AUTHORITY") invite sealed bids for the above stated project and will receive such bids in the offices of City Clerk up to the hour of 2:00 PM on Monday, February 25, 2013, at which time they will be publicly opened and read aloud. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents and Specifications for the above- stated project. Printed copies of said Contract Documents and Specifications are available from City for a non-refundable fee of$20.00 per set. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be perFormed. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: vwwv.dir.ca.qov/DLSR/statistics research.html, or by contacting the District Office at 464 West Fourth Street, Suite 239, San Bernardino, CA 92401- 1411, telephone (909) 383-4341. In accordance with City Ordinance No. 859, the City portion of the project (identified as the "Landscape Maintenance Areas" or "LMAs" and the "Specialty Areas") shall not require prevailing wage payments. The Housing portion of this project shall require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code except that the City portion (identified as LMAs) of this project shall not be subject to prevailing wage law (Labor Code Section 1770, et. seq.). 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 2013 CITYWIDE PALM TREE PRUNING (Contract No. C32530 - Project No. 931-13. DO NOT OPEN W/TH REGULAR MA/L." All questions must be put in writing and must be received by City no later than 12:00 � PM on Tuesday, February 19, 2013. Requests for clarification, questions and comments must be clearly labeled "Written Questions for 931-13" and addressed to H. Spencer Knight, City of Palm Desert, Department of Public Works. City is not responsible for failure to respond to a request that has not been so labeled. SECTION 1 —CONTRACT DOCUMENTS Page 1 of 22 City reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. At the time of bid, the prime Contractor shall possess a C-27 or D-49 license and ISA Arborist certification. At the time of award, Contractor shall possess a City of Palm Desert Business License. BY ORDER OF City Council of the City of Palm Desert. Dated this 6th day of February, 2013. 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 SECTION 1 —CONTRACT DOCUMENTS Page 2 of 22 BID TERMS AND CONDITIONS INSTRUCTION TO BIDDERS 2013 CITYWIDE PALM TREE PRUNING PROJECT NO. 931-13 CONTRACT NO. C32530 BID PROPOSAL SUBMISSION CITY shali accept a sealed bid proposal submitted on the provided Contractor's Proposal Submission Form, which shall, when combined with the Bid Terms and Conditions, the General Terms and Conditions, the Specific Terms and Conditions, and the document titled Agreement, constitute a complete agreement. The proposal cost quotation shall include all costs for CONTRACTOR to accomplish the work outlined in the proposal and shall be all-inclusive. 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. CONTRACTOR shall submit the proposal cost on a per-tree basis. This per-tree cost shall be used for any additions or subtractions to the indicated tree count. The proposal shall be submitted in a sealed opaque envelope that clearly identifies the bidder and the project. The sealed envelope shall also be labeled with the following information: Company name and business address Contractor's license type and number Business phone number Contact person Sealed bid proposals will be received at the office of: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Until: 2:00 PM on Monday, February 25, 2013. The completed package shall include a signed Contractor's Proposal Submission Form with the per-palm tree price indicated; Addenda Acknowledgement; Information Required of Bidder; notarized Affidavit of Non-Collusion; and Bid Bond. Forms are provided in the bid packet available from CITY. SECTION 1 —CONTRACT DOCUMENTS Page 3 of 22 ADDENDA CITY 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 CITY its name, address, phone number and e-mail address for the purpose of receiving addenda. CITY will cause copies of addenda to be mailed, delivered or e-mailed 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. INTERPRETATION OF DOCUMENTS Discrepancies, omissions, ambiguities, and requirements likely to cause disputes between trades and similar matters shall be promptly brought to the attention of CITY, in writing, and to the attention of the Director of Public Works. When appropriate, addenda will be issued by CITY. No communication by anyone as to such matters except by addendum affects the meaning or requirements of the contract documents. REQUIREMENT TO MEET ALL BID PROVISIONS Each bidder shall meet all of the specifications, bid terms, and conditions. Non- substantial deviations may be considered provided that the bidder submits a full description of, explanation of, and justification for the proposed deviations. CITY will make a final determination of any proposed deviation. REQUIREMENT TO BID ON COMPLETE WORK 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: ➢ As to lump-sum items, the amount set forth in the "Total" column shall be the item price. ➢ 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. SUBMISSION OF ONE BID ONLY No individual or business entity of any kind shall be allowed to make, file, or be interested in more than one bid, except an alternative bid when specifically requested. However, an individual or business entity which has submitted a sub-proposal to a bidder submitting a proposal, or has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. QUALIFICATIONS OF BIDDERS No award will be made to any bidder who cannot give satisfactory assurance to CITY as to its own ability to carry out the contract, both from its financial standing and by reason of its 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 SECTION 1 —CONTRACT DOCUMENTS Page 4 of 22 that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. SUBLETTING AND SUBCONTRACTING Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Government Code) to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who will specifically fabricate and install 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 subcontractor for any portion of the work under the guidelines above implies that CONTRACTOR's own forces will do that portion of the work. It is CITY's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. BID WITHDRAWAL, LATE SUBMISSIONS, PUBLIC BID OPENING A bidder may withdraw a proposal, without prejudice, prior to the time specified for the bid opening, by submitting a written request to City Clerk for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the Notice Inviting Bids will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. COMMUNICATION REGARDING BID All timely requests for information submitted in writing will receive a written response from CITY. Telephone communications with city staff are not encouraged, but will be permitted; however, any such oral communication shall not be binding on CITY. EVALUATION OF BIDS The evaluation of bids and award of contract shall be based solely on the final decision of CITY. BID RETENTION AND AWARD OF CONTRACT CITY reserves the right to retain all bids for a period of thirty (30) days for examination and comparison. CITY also reserves the right to waive non-substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible, responsive bidder as the interests of CITY may require. Acceptance by CITY at a meeting regularly called and held of a contractor's proposal authorizes CITY to enter into a contract subject to the execution by both CONTRACTOR and CITY of a written agreement evidencing said contract, and subject to CONTRACTOR providing all requirements set forth in said contract including, but not limited to, insurance and bonding requirements. CONTRACTOR is advised that CITY has up to 90 days from award of contract within which to issue the notice to proceed. SECTION 1 — CONTRACT DOCUMENTS Page 5 of 22 INSPECTION OF SITE Bidders must examine the site and become acquainted with all conditions affecting the work. In submitting a bid, the bidder warrants that they have made such site examination as they deem necessary to determine the condition of the site, its accessibility to materials, workmen and equipment, and to determine the bidder's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters. CONTRACT INITIATION MEETING The date, time and location for a meeting will be established after award of the bid. A preliminary work schedule will be required at this meeting. NON-COLLUSION AFFIDAVIT Bidder declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud. The Affidavit of Non-Collusion shall be executed, notarized, and submitted with the bid. 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 specifications or attachments in making their bid. LICENSES AND CERTIFICATIONS A bidder must have, at the time the bid is submitted, current licenses and certifications as listed below. This includes a joint venture formed to submit a bid. • C27 Landscape Contractor License or D49 Tree Service Contractor License • ISA Arborist Certification • Certified tree workers are recommended but not required A City of Palm Desert Business License will be required at the time of contract award. BONDS REQUIRED CONTRACTOR shall execute and submit a bid bond in the amount of ten (10%) percent of the contract amount. In addition to the bid bond, CITY requires a payment bond in the amount of one hundred (100%) percent of the contract amount from the successful bidder. In addition to the bid bond and the payment bond, CITY requires a one hundred (100%) percent perFormance bond from the successful bidder. All bonds must be on City's forms contained in the contract documents. Bonds required under these specifications and Civil �ode sections 3247 and 3248 shall be provided by an admitted insurance company in the State of California and shall, in addition to the bond form, provide all information as follows: (1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who SECTION 1 —CONTRACT DOCUMENTS Page 6 of 22 executed the bond to do so, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. (2) A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the insurer's receipt of a request to submit the statements. 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 CITY. Bid bonds of the successful bidder will not be returned but shall be 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. SECTION 1 —CONTRACT DOCUMENTS Page 7 of 22 CONTRACTOR'S PROPOSAL SUBMISSION FORM CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all phases and types of work described in the specifications. The unit cost for all palm tree pruning work shall be indicated. QUANTITY UNIT COST TOTAL COST SUBTOTAL for CITY Palm Tree Prunin 3,251 $ $ SUBTOTAL for HOUSING Palm Tree Prunin 359 $ $ TOTAL FOR ALL PALM TREE PRUNING 3,610 $ Tt3TAL F4R ALL. PALM TREE PRUNtNG tN Wi'�RDS: . Dottar�s and Cents Undersign�d hereby ac�n+owledges receipt of the��mber€�f Addendums circled`(yor�1Vt[1ST circle'a��mberj ' 4 1 . 2 3 Company: Address: Telephone: Fa�c: Bid Prepared By: Title: Signature: Date: SECTION 1 -CONTRACT DOCUMENTS Page 8 of 22 INFORMATION REQUIRED OF BIDDER In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: � (1) Company Name and Address (2) Telephone No. (3) Type of Firm (Individual, Partnership or Corporation) (4) Corporation organized under the laws of the State of (5) Contractor's License No. Exp. Date (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (7) Number of years experience as a tree pruning contractor (8) Number of years experience with municipal tree contracts (9) Name of the I.S.A certified field supervisor who will be supervising this work: (10) His/her I.S.A. Certified Arborist Number Exp. Date (11) Number of ISA Certified Tree Workers with the organization SECTION 1 — CONTRACT DOCUMENTS Page 9 of 22 (12) List at least three similar projects completed within the last five years. Contract Class of Date Name, Address &Telephone Amount Work Completed Number of OWNER 1. $ 2. $ 3. $ (13) List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (14) List the name of the person who inspected the site of the proposed work for your firm (15) CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. By: Title: Signature Contractor SECTION 1 —CONTRACT DOCUMENTS Page 10 of 22 AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) , being first duly sworn, deposes and says that he/she is of , the party making the foregoing bid; tl�at the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and neither collusive nor sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. By: Signature (CONTRACTOR) Title(CONTRACTOR) Jurat Certificate State of California ) ) County of ) Subscribed and sworn to (or affirmed)before me on this day of (month), (year),by , proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. Signature of Notary (Seal of Notary) SECTION 1 — CONTRACT DOCUMENTS Page 11 of 22 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, as principal, and , as surety, are heid and firmly bound unto the City of Palm Desert in the sum of$ (10% of bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of: prune and trim palm trees as described herein and as detailed in the Contract Documents and all appurtenant work as required by the specifications and appendices, and dated is accepted by the City of Palm Desert, and if the above bounden principal shall duly enter into and execute a contract for such construction, and shall execute and detiver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left filank. Signature filocks ure contained on the next page.J SECTION 1 —CONTRACT DOCUMENTS Page 12 of 22 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this day of 2013. Contractor's Name: Contractor's Signature: Title: Address: Telephone: Surety's Name: Surety's Signature: Title: Address: Telephone: SECTION 1 —CONTRACT DOCUMENTS Page 13 of 22 POST-AWARD DOCUMENTS CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT 931-13 CONTRACT NO. C32530 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this day of 2013, by and between THE CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY, hereinafter referred to as "Owner, "City," or "Agency," and , herein referred to as "Contractor." WITNESSETH: WHEREAS, on February 9, 2013, City invited bids for Citywide Palm Tree Pruning; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said services; and WHEREAS, Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, and has examined the site and contract in accordance with the contract documents for the money set forth in its proposal to be paid as provided in the contract documents; NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from the date of execution of this instrument through July 31, 2Q14, or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum of dollars ($ ) as billed on a per-item monthly basis as set forth in the Contract Documents and adopted by City. (3) 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 Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless the City of Palm Desert, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, SECTION 1 —CONTRACT DOCUMENTS Page 14 of 22 representatives and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of, in connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify and do whatever is necessary to protect the City of Palm Desert, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of City. (6) 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 period 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 shall 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/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum Nos. ; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Exhibits; Bid Packet Attachments; 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 SECTION 1 — CONTRACT DOCUMENTS Page 15 of 22 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) BINDING AGREEMENT This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. (10) CALIFORNIA LABOR CODE COMPLIANCE Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Further to 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. (11) 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. (12) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: IF TO CITY: IF TO CONTRACTOR: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (13} LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including the cost of consultants and experts, in addition to any other relief granted by the court. SECTION 1 —CONTRACT DOCUMENTS Page 16 of 22 (14) 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. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY SECTION 1 —CONTRACT DOCUMENTS Page 17 of 22 CONTRACTOR NOTARY ACKNOWLEDGMENT State of } }SS County of } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SECTION 1 —CONTRACT DOCUMENTS Page 18 of 22 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to , hereinafter designated as "Principal", a contract for: CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administratars, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and perfonned at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys'fees, shall be awarded to the prevailing party. SECTION 1 —CONTRACT DOCUMENTS Page 19 of 22 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of ,20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER SECTION 1 — CONTRACT DOCUMENTS Page 20 of 22 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert(sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as "Contractor"), an agreement dated described as follows: CITYWIDE PALM TREE PRUNING PROGRAM, PROJECT NO. 931-13, CONTRACT NO. C32530 (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW,THEREFORE,we, , the undersigned Contractor,as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Dollars($ ), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work ar labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise T� Board or Internal Revenue Service from the wages of employees of Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. SECTION 1 —CONTRACT DOCUMENTS Page 21 of 22 No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred,with or without suit, in addition to the above sum. IN WITNESS WHEREOF,we have hereunto set our hands and seals this day of ,20 PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: � By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part,with federal, grant or loan funds, it must also appear on the Treasury Deparirnent's most current list(Circular 570 as amended). Any claims under this bond may be addressed to: (Name,Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) SECTION 1 —CONTRACT DOCUMENTS Page 22 of 22 SPECIFICATIONS CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 INDEMNIFICATION CONTRACTOR agrees to indemnify the City of Palm Desert ("CITY"), the Palm Desert Housing Authority ("AUTHORITY"), the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents against, and will hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work, operations or activities of CONTRACTOR, its agents, employees, subcontractors and employees thereof, or invitees (collectively "INDEMNITORS"), or arising from the negligent acts or omissions of CONTRACTOR and/or INDEMNITORS hereunder, or arising from CONTRACTOR's and/or INDEMNITORS' negligent perFormance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives or agents but excluding such claims or liabilities arising from the sole negligence or willful misconduct of CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives or agents who are directly responsible to CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and in connection therewith: (a) CONTRACTOR shall defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs including but not limited to consultant and expert costs, and attorneys' fees incurred in connection therewith; (b) CONTRACTOR shall promptly pay any judgment rendered against CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and/or their respective officials, officers, employees, representatives or agents for any such claims or liabilities arising out of or in connection with the negligent perFormance of or failure to perForm such work, operations or activities of CONTRACTOR hereunder; and CONTRACTOR agrees to save and hold CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and their respective officials, officers, employees, representatives and agents harmless therefrom; (c) CONTRACTOR shall maintain strict compliance with all provisions of Cal-OSHA Standards and Regulations. CONTRACTOR acknowledges and hereby agrees to be defined as the "controlling employer" at the job site. As the "controlling employer," CONTRACTOR shall take reasonable steps to ensure that all employees and subcontractors maintain compliance with Cal-OSHA Standards and Regulations. SECTION 2—SPECIFICATIONS Page 1 of 15 CONTRACTOR shall be responsible for ali fines, penalties and judgments and any delays in completing contract requirements that result from Cal-OSHA action; (d) In the event that CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and their respective officials, officers, employees, representatives or agents are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for such damages or other claims arising out of or in connection with the negligent performance of or failure to perForm the work, operation or activities of CONTRACTOR hereunder, CONTRACTOR agrees to pay to CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and their respective officials, officers, employees, representatives and agents any and all costs and expenses incurred by CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents in such action or proceeding, including, but not limited to, legal costs, consultant and expert costs, and attorneys' fees. INSURANCE Without limiting CONTRACTOR'S indemnification of the CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY. General Liability Insurance: CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The General Liability Policy shall be primary and non-contributing insurance or endorsed to be primary and non-contributing insurance. Workers' Compensation Insurance: CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). CONTRACTOR shall submit to the CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their officers, officials, employees, and agents. Automobile Liability Insurance: CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or Excess Liability Insurance: CONTRACTOR may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury SECTION 2—SPECIFICATIONS Page 2 of 15 and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Proof of Insurance & other documentation: CONTRACTOR shall provide certificates of insurance to the CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement or workers' compensation. Insurance certificates and endorsement must be approved by CITY'S Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. CONTRACTOR shall also provide the CITY its W-9 Form and proof of a Palm Desert Business License. Duration of Coverage: CONTRACTOR shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, its agents, representatives, employees or sub-consultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CITY has the right, but not the duty, to obtain the insurance it deems necessary. Any premium paid by CITY will be promptly reimbursed by CONTRACTOR, or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY'S Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, their elected or appointed officers, agents, officials, employees, volunteers, and respective insurers, or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La SECTION 2 —SPECIFICATIONS Page 3 of 15 Quinta, the County of Riverside, and shall require similar written express waivers and insurance clauses from each of its sub-consultants. Enforcement of Contract Provisions (non estoppel): CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. Specifications Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification onfy as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability policies shall provide, or be endorsed to provide that the City of Palm Desert, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR 'S compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the CITY. Timely Notice of Claims: CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR'S performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance: CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. REVIEW OF CONTRACT DOCUMENTS AND JOB SITE CONTRACTOR shall carefully study and compare the contract documents with each other and with information available to CONTRACTOR and furnished by CITY and shall SECTION 2 —SPECIFICATIONS Page 4 of 15 immediately notify the Director of Public Works or his designee of errors, inconsistencies and/or omissions discovered. If CONTRACTOR perForms any activity knowing it involves a recognized error, inconsistency or omission in the contract documents without notice to the Director of Public Works or his designee, CONTRACTOR shall assume appropriate responsibility for such perFormance and shall assume responsibility for the full costs for correction. CONTRACTOR shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to CONTRACTDR with the contract documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Director of Public Works or his designee immediately. PROTECTION OF THE PUBLIC CONTRACTOR shall take all necessary precautions to protect the public, especially children, from the hazards of falling limbs, equipment, and brush chippers. A brush chipper must not be left unattended at any time and workers must be located within fifteen (15) feet of and perform diligent monitoring of a brush chipper at all times while the motor is running. When not in use, a brush chipper must have a brush guard and all protective covers securely fastened. CONTRACTOR shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property. Whenever, in the opinion of CITY, an emergency exists where CONTRACTOR has not taken su�cient precaution for the safety of the public or the protection of utilities or of adjacent structures or property; or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or to prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, CITY may provide suitable protection to said interest by causing such work to be performed and material to be furnished as, in the opinion of CITY, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by CONTRACTOR. If he shall not pay said cost and expense upon presentation of the bills therefore duly certified by the Director of Public Works or his designee, then said cost and expense will be paid by CITY and shall thereafter be deducted from any amounts due, or which may become due, said CONTRACTOR. Failure of CONTRACTOR to take such precautionary measure shall not relieve CONTRACTOR of his full responsibility for public safety. Materials, equipment, and debris shall be stored so as to not create a public nuisance. No materials or equipment, nor debris shall be stored at the project site without prior written authorization. � SECTION 2—SPECIFICATIONS Page 5 of 15 CONTRACTOR is responsible to design, construct and maintain all safety devices, equipment and vehicles and for conforming to all local, state and federal safety and health standards, laws and regulations. PROTECTION AND RESTORATION OF EXISTING FACILITIES This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way and other impacted areas. Types of existing improvements and services consist of but are not limited to the following: existing roads, sidewalk, landscaping, irrigation, signs, and associated structures; private property; landscaping; irrigation; water appurtenances; light poles; carports; walls, fences and gates. Damage to facilities caused by CONTRACTOR's operations shall be repaired or replaced by and at the expense of CONTRACTOR. If existing sidewalk or curb is damaged, entire panels shall be removed and replaced; no new joints will be allowed. CONTRACTOR shall take all precautions to protect all existing improvements. Existing private properties and improvements shall be carefully protected. Any damages to irrigation systems, landscaping, fences, or improvements shall be repaired by CONTRACTOR at CONTRACTOR's expense and to the satisfaction of the property owner within twenty-four (24) hours of report of the damage. CONTRACTOR is responsible to keep streets within the work area clean at all times. Any cleanup performed by city crews due to poor cleaning practices shall be charged to CONTRACTOR at overtime rates. CONTRACTOR shall remove from public and private properties at its own expense all rubbish and waste materials resulting from its operations; including any material that may fall in swimming pools, lagoons, or other water features. If on private property, CONTRACTOR must obtain permission from property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by the Director of Public Works or his designee. All existing surfaces, whether asphaltic or concrete, Portland cement concrete, permanent fencing and barriers, landscape material such as turF, trees, shrubs, gravel, etc., or other, shall, after performance of the work contracted herein, be restored to a condition equal to that which existed prior to commencement of the work. All restoration shall be in-kind unless otherwise directed by the Director of Public Works or his designee. All removal, maintenance, and replacement of existing landscape shall be performed by a licensed C27 Landscaping Contractor. CONTRACT PRICE INCLUDES ALL WORK The cost of all labor, material and equipment necessary to complete the work, including traffic control measures, as described in the specifications shall be included in the price of the contract. SECTION 2 —SPECIFICATIONS Page 6 of 15 CITY-FURNISHED EQUIPMENT CITY will not furnish equipment for this project. COORDINATION WITH OTHER CONTRACTORS CITY expects to have one (1) or more separate contractors/utility companies working in the same area at the same time. CONTRACTOR shall coordinate and cooperate with any and all separate contractors at no additional cost to CITY. Such coordination may include, but will not be limited to, participation in regularly scheduled or special meetings with CITY, residents, and/or other contractors; sharing work and materials storage areas; scheduling work to coincide with work of another contractor and to minimize disruption to residents; and similar tasks requested by CITY. ENCROACHMENT PERMIT Before commencing work, CONTRACTOR shall apply for and receive a no-fee permit to work within the public right-of-way. A City Inspector will be assigned to monitor compliance with the terms and conditions of the encroachment permit, including traffic control procedures and devices. When applicable, it is the CONTRACTOR's responsibility to obtain an encroachment and/or other permits required to pertorm said work from adjoining cities and conform to their rules and regulations. INSPECTION OF THE WORK In accordance with the encroachment permit issued to CONTRACTOR, CONTRACTOR shall notify CITY at (760) 776-6450, forty-eight (48) hours in advance of the start of work. There will be inspection of this project to ensure strict adherence to the specifications. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by CITY. CONTRACT ASSIGNMENT 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, CONTRACTOR agrees that it will not engage in, nor will it permit its subcontractors to engage in, discrimination in the employment of persons on the basis of age, race, color, sex, national origin or ancestry, or religion. SECTION 2 —SPECIFICATIONS Page 7 of 15 HOURS OF WORK Unless otherwise approved by CITY, CONTRACTOR shali not work outside the established hours of operation for this project: May 1 through September 30 Weekdays (MTWTF): *6:00 AM to 7:00 PM Weekends (Saturday): **8:00 AM to 5:00 PM Weekends (Sunday): No Work City Holidays: No Work October 1 through April 30 Weekdays (MTINTF): *7:00 AM to 5:30 PM Weekends (Saturday): **8:00 AM to 5:00 PM Weekends (Sunday): No Work City Holidays: No Work Failure to observe these work hours will be considered a contract deficiency and may also result in a citation issued by the Palm Desert Police Department. (Emergency work directed by CITY is not held to these restrictions.) *Work performed in the City of Palm Desert's housing properties and The Grove development will not begin before 8:00 am. *Work perFormed on EI Paseo may be limited to morning hours only, depending upon traffic. **Work is permitted on Saturdays only with prior approval by CITY. Work is not permitted on City holidays: New Year's Day (or observed) Labor Day Martin Luther King, Jr. Birthday Veterans' Day Presidents' Day Thanksgiving Memorial Day Day after Thanksgiving Independence Day Christmas (or observed) SCOPE OF WORK CITY and AUTHORITY palm trees are located along street medians, certain parkway areas, parks, parking lots, adjacent to city-owned buildings, and in multi-family housing complexes. The work shall consist of palm tree pruning and removal of all debris from the work sites before the end of the workday. A recent palm tree inventory indicated there were approximately 3,610 palm trees to be pruned (see Attachments for itemization). The actual palm tree count will be verified in the field between CONTRACTOR and the Director of Public Works or his designee. SECTION 2—SPECIFICATIONS Page 8 of 15 The palm trees are located in the City's landscape maintenance areas, specialty areas, and Housing Authority properties as listed and depicted in the attachments. CITY will provide approximate locations of trees within those various locations (see Attachments). A portion of the work will be accomplished on street medians and parkways requiring CONTRACTOR to close down a traffic lane to accomplish the work. At other locations work can be accomplished from the curbside parking lanes and/or parking lots. CONTRACTOR shall provide all necessary traffic control devices, as further specified, as part of this proposal. It is strongly recommended that CONTRACTOR visit all sites prior to submitting a bid. Palm trees located in multi-family complexes may not be accessible to a boom truck, chipper or other equipment. Depending upon the site location, equipment placement may require the approval of the Director of Public Works or his designee prior to starting the work. A brief description of the work completed and the condition of each palm tree (hazards, pests, etc.) will be recorded by the certified arborist as work progresses. This record will be based on the above-mentioned palm tree inventory. The palm trees to be pruned are represented by the species listed in the attachments. CONTRACTOR's personnel must exhibit an understanding of the specific pruning requirements and practices used on trees (including palm trees) that are indigenous to and grown in an arid environment. PRUNING REQUIREMENTS - PALMS 1) All work shall conform to current and applicable International Society of Arboriculture (ISA) and American National Standards Institute (AIVSI) standards. In all cases the Director of Public Works or his designee shall have complete and sole discretion in determining conformance and acceptability of palm trees pruned by CONTRACTOR. Pruned trees rejected by the Director of Public Works or his designee shall be excluded from payment. 2) Contract is to be overseen by an ISA Certified Arborist. The Certified Arborist is required to be the primary contact and is to be available to meet with the Director of Public Works or his designee as needed to discuss the tree work to be performed. 3) All pruning cuts should be made in accordance with ANSI-A300 Guidelines, Section 5.3 — Pruning Cuts, and with the current edition of the City of Palm Desert maintenance guidelines. 4) CONTRACTOR shall remove all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. 5) CONTRACTOR shall remove all flowers and fruit parts whether dead or alive. SECTION 2—SPECIFICATIONS Page 9 of 15 6) CONTRACTOR shali remove ail dead fronds, broken fronds, seed and fruit pods, and all other fronds hanging below the horizontal plane at crown. Precautions shall be taken so that no live fronds are partially cut and left hanging. CONTRACTOR, at no additional cost to CITY, shall remove any fronds partially cut and fruit pods that re-emerge within thirty (30) days of completion of the Palm Tree Pruning Contract. 7) CONTRACTOR shall exercise precautions as necessary when working adjacent to aerial utilities and shall comply with clearances as defined by current and applicable ANSI standards. In the event that aerial utility wires present a hazard to CONTRACTOR's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. 8) All work shall be accomplished by climbing or the use of pole saws or boom trucks. No hooks or gaffs will be used by anyone employed for tree pruning but may be used in the case of complete tree removal. The use of climbing spurs or spike shoes may be used on palms that are greater than sixty-five (65) feet in height. 9) Any vine plant material growing on or in the trees shall be removed at ground level. 10) When pruning trees with diseased, fungus-infected or insect-infested limbs, all pruning tools shall be cleaned after each cut with alcohol or a 10% bleach solution. 11) Any observed pest or hazard problems will be noted on the daily work sheets and brought to the attention of the Director of Public Works or his designee. 12) Unacceptable pruning procedures that lead to tree decline (excluding �torm damage and other extenuating circumstances) are not permitted. 13) CONTRACTOR will be required to take all necessary precautions to avoid staining of sidewalks and other hardscape by tree products such as fruits and dates. In the event that fruits and dates are present, CONTRACTOR will be responsible to provide tarps to cover the hardscape under trees. Tarps must be of an impermeable material. CONTRACTOR is responsible for the cleaning of any hardscape that was stained as a result of tree pruning operations. CONTRACT INITIATION CONFERENCE A pre-contract (pre-con) initiation conference shall be conducted at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, 92260 after the award of the bid and prior to the start of the contract. The job site foreman or superintendent assigned by CONTRACTOR for this project and the supervising ISA certified arborist of record shall be present at the pre-contract meeting. At the pre-contract meeting CONTRACTOR will provide for submission and review of a preliminary schedule of work activities (submitted in both paper form and electronic format using a project SECTION 2— SPECIFICATIONS Page 10 of 15 management or scheduling software format acceptable to the Director of Pubiic Works or his designee). The discussion shall include but not limited to: verification of equipment orders; project supervision; on-site inspection; progress schedules and reports; payments to CONTRACTOR; safety; other anticipated issues pertinent to the project. CITY will issue the notice to proceed at the contract initiation meeting. SCHEDULING AND WORK COMPLETION Project completion shall be within ninety (90) calendar days of the date the notice to proceed is issued and shall be to the satisfaction of the Director of Public Works. At the beginning of the contract work, the Director of Public Works, or his designee, and CONTRACTOR will meet and agree upon a work schedule. Any changes in this schedule must be approved by CITY, and CONTRACTOR will give CITY twenty-four (24) hours notice of said changes. Although it is CONTRACTOR's responsibility to schedule his/her crews, there are priority areas in the city that must be pruned first, regardless of palm type. These areas are: EI Paseo, The Grove, One Quail Place Apartments, and Las Serenas Apartments. These areas must be pruned within twenty (20) workdays after the notice to proceed has been issued. The pruning schedule for the palms will be based upon the species of palm being pruned. The following requirements must be considered for purposes of this contract (the listed dates are approximate and may be adjusted based on seasonal weather conditions). Palms A roximate Prune Date Phoenix dact lifera Ma 7 - June 15 Washingtonia robusta and May 15—July 15 Washin tonia robusta `H brid' Washin tonia filifera Jul 1 —Jul 30 Brahea armata Jul 1 —Jul 30 CONTRACTOR shall prepare a schedule of work for this contract prior to commencing work. CITY reserves the right to have CONTRACTOR modify the schedule in order to avoid pedestrian and traffic congestion, for safety reasons, and/or to accommodate special events. Unless otherwise provided, the Contract time shall commence upon the date of issuance of the Notice to Proceed. The work shall start within ten (10) consecutive calendar days thereafter, and shall be diligently prosecuted to completion within the time provided in the Specifications. SECTION 2— SPECIFICATIONS Page 11 of 15 On a weekly basis, CONTRACTOR shall meet with the Director of Pubiic Works or his designee to review work of the previous week. During this time, CONTRACTOR must submit a new schedule if necessary, and pruning practices will be discussed. Compliance with the scheduling requirements of this section is the essence of this contract. Failure to comply with the requirements may result in the retention of money by CITY from pay requests made by CONTRACTOR. All schedule submittals will be made in printed and/or electronic formats acceptable to the Director of Public Works or his designee. When scheduling to prune trees located in city parks or in areas where trees are in turf, CONTRACTOR must notify CITY forty=eight (48) hours prior to commencing work. This is to allow city staff time to turn off irrigation to minimize damage to turt. CONTRACTOR will be responsible to fill in with native soil and sod, if deemed necessary by CITY, any tracks or ruts caused by CONTRACTOR's equipment or vehicles. This will be done at CONTRACTOR's expense. RESPONSIBILITY FOR JOB SITE CONDITIONS CONTRACTOR agrees that, in accordance with generally accepted ISA and ANSI A- 300 pruning practices, CONTRACTOR will be required to assume sole and complete responsibility for job site conditions during the course of pruning, including safety of all persons and property, and that this requirement shall be made to apply continuously and shall not be limited to normal working hours. SAFETY CONTRACTOR is responsible to ensure the public right-of-way shall be maintained at all times as needed to allow for the safe passage of vehicles, pedestrians and/or the general public. CONTRACTOR shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and American National Standards Institute (ANSI) Z133.1 standards. CONTRACTOR shall supply all clothing as required by the California Manual on Uniform Traffic Control Devices (MUTCD). Parking spaces are allowed to be closed for one working day at a time and will immediately be re-opened when CONTRACTOR has completed pruning the trees in that area. CONTRACTOR will be responsible for posting "No Parking" signs a minimum of finrenty-four (24) hours in advance whenever public or private parking spaces will be closed due to tree pruning activities. The "No Parking" signs must have the date and time of closure. If work along a public right-of-way will require the closure of a traffic lane, CONTRACTOR will notify CITY at least twenty-four (24) hours in advance and comply with procedures outlined in the TRAFFIC CONTROL section of this document. SECTION 2 —SPECIFICATIONS Page 12 of 15 TRAFFIC CONTROL CONTRACTOR shali provide and maintain work zone traffic control devices at all times in accordance with the WATCH Manual, the California MUTCD, and as directed by the City Engineer ("ENGINEER") or his designee. When required by ENGINEER or when contracted activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the WATCH Manual, then CONTRACTOR shall be required to submit project traffic control plans for review and approval by CITY. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Inspector. If CONTRACTOR proposes sufficient changes to the traffic control then CONTRACTOR shall submit alternate traffic control plans for review and approval by CITY. If the closing or opening of a street (either partially or fully) within the City of Palm Desert is approved by ENGINEER, CONTRACTOR shall notify the City Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the scheduled closing or opening. At no time is any business or residence to be without access unless otherwise approved by ENGINEER. CONTRACTOR shall notify residents or businesses of restricted access forty-eight (48) hours in advance of construction activities. A minimum of one (1) 12-foot (12') travel lane in each direction shall be maintained at all times. Pedestrian paths of travel in areas where contract work is being performed must be maintained free of hazardous conditions. When contract operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. New or like-new traffic control devices as approved by the City Inspector are required. All traffic control signs shall be retro-reflectorized and shall conform to the City of Palm Desert's specifications. Installation shall conform to the WATCH manual and California MUTCD. No reduction of the traveled way width shall be permitted before 8:30 AM or after 3:30 PM unless prior approval in writing is obtained from ENGINEER. Compensation for providing work area traffic control shall be considered included in the contract price and no additional compensation will b� made therefore. The cost to do the traffic control shall include for contingencies based on working conditions and site- specific needs as directed by ENGINEER. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property, including landscape, be damaged during permitted or contracted tree operations the persons conducting the work shall immediately notify the property owners or the Director of Public Works or his designee. Repairs to property SECTION 2 —SPECIFICATIONS Page 13 of 15 damaged by the responsible party shail be made within twenty-four (24) hours, excepting utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Palm Desert. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to CITY. Special attention is drawn to sprinkler systems on all city property and the need to repair damage within twenty-four (24) hours. WORK PERFORMED ON PRIVATE PROPERTY No permitted or city-contracted tree worker shall perform work on private property without the consent of the property owner. DEBRIS REMOVAL & COMPOSTING OF GREEN WASTE CONTRACTOR shall remove all cuttings and debris from the work area on a daily basis. Stockpiling of debris will not be permitted unless prior approval has been obtained from CITY. All dump and disposal fees shall be included in the bid proposal price. CONTRACTOR shall deliver all appropriate green waste removed from city landscape areas to a county-licensed composting facility. CONTRACTOR shall submit, on a weekly basis to the Director of Public Works or his designee, a listing of the landfill site(s) used and a gross weight slip from the facility, identifying CONTRACTOR by name, city of origin and gross and tare weight. Use of green waste for agricultural purposes must be approved by the Public Works Department or his designee. LIQUIDATED DAMAGES Time is of the essence on this project. Should CONTRACTOR fail to finish the work on or before the time stated in the specifications, CONTRACTOR shall be charged by CITY as liquidated damages five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. The liquidated damages amount is intended to cover expenses incurred by CITY for additional inspection and administrative costs. Any amount so charged shall be deducted by CITY from any monies which otherwise are or become payable to CONTRACTOR. In case all the work called for is not completed in all parts and to all requirements within the time specified, CITY shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of CITY. CONTRACTOR shall not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. CITY will ascertain the facts and the e�ent of the delay, and their findings thereon shall be final and conclusive. MEASUREMENT, INVOICING, AND PAYMENT The final payment of quantities will be based on the actual number of trees pruned at the unit price. The contract unit price shall include all labor, material and equipment SECTION 2 —SPECIFICATIONS Page 14 of 15 costs necessary to complete the work, including traffic controi measures, even though the item is not shown or specified. Tree pruning will be considered complete when all contract work has been completed and accepted by CITY, including site clean-up. Payment will not be made for any tree that has been incorrectly pruned as determined by the Director of Public Works or his designee and contract specifications. CONTRACTOR will be responsible to correct any incorrectly pruned tree prior to payment. In the event that an incorrectly pruned tree is not salvageable, it will be removed and replaced, at CONTRACTOR's expense, with a tree of the same size and species. CITY will pay CONTRACTOR within thirty (30) calendar days of receipt of a correct invoice. At the end of each month CONTRACTOR shall submit invoice(s) to CITY for contract work completed and for unscheduled/emergency work requested by CITY. CONTRACTOR'S regular contract invoice shall include but not necessarily be limited to: Contract number Invoice number Invoice date Location(s) and dates of service (site-specific identification) Description of work performed Total solids removed from the system (back-up data shall include dump tickets) Invoices shall be submitted to City of Palm Desert Landscape Services Department, 73510 Fred Waring Drive, Palm Desert, CA 92260. Invoices may also be emailed to the City Landscape Specialist (dhollinqer(c�citvofpalmdesert.orq) in Adobe (PDF) format with the appropriate documentation. SECTION 2 —SPECIFICATIONS Page 15 of 15 ATTACHMENT 1 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 (7 Pages to This Attachment Follow) SECTION 3—ATTACHMENTS ATTACHMENT 2 CITY VICINITY MAPS AND AREA DESCRIPTIONS CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 (23 Pages to This Attachment Follow) SECTION 3—ATTACHMENTS LANDSCAPE MAINTENANCE AREA#1 —AREA DESCRIPTION 1. Highway 111 medians and parkway: • Medians befinreen Hospitality Row and Painters Path Drive • North frontage road parkways between De Anza and Monterey Avenue • Entranceway rock sign landscape adjacent to the Embassy Suites Hotel • South frontage road parkways from 330 feet east of Shadow Hills Road to Larkspur Lane • South frontage road parkways from Lupine Lane to Ocotillo (Carl's Jr. restaurant) • City of Palm Desert monument signs at both the east and west entry to the city on Hwy 111 2. Palm Desert Community Center, 45-480 Portola Avenue 3. Palm Desert Historical Fire Station, 72-861 EI Paseo 4. Highway 74 medians and parkway: • East frontage road parkways from 400 feet south of EI Paseo to Homestead Road • Median between Hwy 111 and San Pabto 5. Charger sculpture on Highway 74 between EI Paseo and Highway 111 6. Portola Avenue median between Chicory and Fairway Drive 7. Palm Desert Visitor Center (old), northwest corner of Monterey and Hwy 111 8. Mesa View Fire Station, Mesa View Drive west of Portola Avenue 9. Smoketree Natural Area 10.Haystack Drainage Channel LANDSCAPE MAINTENANCE AREA#2—AREA DESCRIPTIONS 1. Monterey Avenue medians and planter 2. Fred Waring Drive medians and parkway 3. Town Center Way medians 4. Cook Street medians 5. Hovley Lane East medians 6. Portola Avenue median and parkway 7. Via Cinta median 8. Phyllis Jackson Lane parkway 9. Eldorado Drive median 10.Washington Street medians 11.74833 Joni Drive (old Corporation Yard) 12.74705 42nd Avenue (Corporation Yard) 13.Magnesia Falls Drive medians and parkway 14.San Pablo Avenue medians 15.Town Center Way Fire Station 16.Portola Fire Station LANDSCAPE MAINTENANCE AREA#4—AREA DESCRIPTIONS 1. Monterey Avenue medians and planter 2. Country Club Drive median and parkway 3. Cook Street medians 4. Frank Sinatra Drive medians 5. Dinah Shore Drive medians 6. Gerald Ford Drive median and planter 7. Washington Street and I-10 off/on ramps 8. Monterey and I-10 off/on ramps 9. Portola Avenue medians (north of Country Club Drive) 10.University Park Center medians and roundabouts (bounded by Cook Street on the east, Portola Avenue on the west, Gerald Ford Drive on the north, College Drive, and University Drive on the south) LANDSCAPE MAINTENANCE AREA#6 —AREA DESCRIPTIONS The bid location for Landscape Maintenance Area No. 6 is the perimeter landscape at Desert Willow Golf Resort, 38995 Desert Willow Drive, Palm Desert, CA. The "perimeter area" is defined as the areas between the perimeter walls and the adjoining street curb. The boundaries of the Desert Willow Golf Resort are defined as: On Country Club Drive, up to the entrance driveway to Ralph's shopping center to the east. On Portola Avenue, including decomposed granite area adjacent to the empty lot. On Gerald Ford Drive, Cook Street and Market Place. Also included are the entranceway road medians from Country Club Drive to the parking lot entrance at the clubhouse, and the adjacent parkway planters between the curb and sidewalk. LANDSCAPE MAINTENANCE AREA#7 —AREA DESCRIPTIONS 1. Waring Court — Parkways along the subdivision perimeter fronting Fred Waring Drive and Phyllis Jackson Lane. 2. Vineyards (Portola Wall) — Raised planter area on the west side of Portola Avenue, north and south of Rutledge Way, as shown on the map. 3. Portola Place— Parkways along the subdivision perimeter on Portola Avenue and Santa Rosa Way. Includes the small landscaped strip on the west side of the subdivision on Olive Court. 4. The Grove — Parkways along the subdivision perimeter on Deep Canyon Road and on Royal Canyon Lane along the block walls. 5. Palm Gate — Parkways along the subdivision perimeter on Deep Canyon Road, north of Moss Rose Drive and north of Lavender Way. 6. Primrose II — Parkways along the north side of Hovley Lane East between Carlotta and Hemingway and west of Hemingway. 7. Desert Mirage — Parkways and entrance islands of the Desert Mirage development on the west side of Cook Street, south of Frank Sinatra Drive. 8. Canyon Crest — Lavender Way: approximately 480 lineal feet of parkway along Deep Canyon Road, 600 lineal feet of parkway on Columbine Drive, and 188 lineal feet at the CVWD well site at Lavender Way and Amaryllis Way. 9. College View Estates I — Parkway along Shepherd Lane on College View Circle West and College View Circle East. Parkway along Portola Avenue. 10.College View Estates II — 300 lineal feet of parkway along Portola Avenue; approximately 560 lineal feet of parkway along Shepherd Lane on Scholar Lane West and Scholar Lane East. 11.Sundance West — Shepherd Lane parkway (west side) north side of Chinook Circle to south side of Kokopelli Circle. 12.Sundance East — Shepherd Lane parkway (east side) north and south sides of � Chinook Circle. Parkway along Portola Avenue. 13.Petunia l — Parkways on the west and east sides of Shepherd Lane, on Petunia Place West and Petunia Place East. Parkway along Portola Avenue. 14.Boulders— Parkway on Shepard Lane, west side north and south of Alpine Lane 15.Kaufman & Broad — Street parkways on Frank Sinatra Drive at the Kaufman & Broad development west of Portola Avenue. Includes a retention basin on the interior of the development and the landscaped parkway on Hollister Drive at the CVWD well site to west of Drexel Drive. The street median is not a part of this contract. 16.Palm Desert Country Club — Landscaped areas along the south side of Hovley Lane East between Kansas Street and Idaho Street and small section of parkway west of Kansas Street to edge of development. Included are the medians on Avenue of the States from Washington Street to Michigan Avenue. 17.Presidents Plaza I - Parking lots located between Highway 111 and EI Paseo on the north and south boundaries and Portola Avenue and San Luis Rey on the east and west. 18.Presidents Plaza II - Parking lots located between Highway 111 and EI Paseo on the north and south boundaries and San Luis Rey and Larkspur Lane on the east and west. 19.Presidents Plaza I I I - - Parking lot located between Highway 111 and EI Paseo on the north and south boundaries and Highway 74 and Sage Lane on the west and east. 20.Hovley Lane West between Monterey and Portola avenues which includes the street parkway and the other common landscape improvements fronting the following: • The Glen — Glenwood Lane; approximately 990 lineal feet of parkway along Hovley Lane West and Monterey Avenue. • Monterey Meadows — Clover and Meadow Lanes; approximately 660 lineal feet of parkway along Hovley Lane West. � Sonata I — Sonata Court; approximately 990 lineal feet of parkway along Hovley Lane West and Portola Avenue. • Sonata I I — Posada Court and Via Fonda; approximately 1,980 lineal feet of parkway along Hovley Lane West. � � Hovley Estates — Centennial Circle; approximately 330 lineal feet of parkway along Hovley Lane West and a 6,500 square foot retention basin at the back of the cul-de-sac. • La Paloma I — Avenida Arcada; approximately 330 lineal feet of parkway along Hovley Lane West and a 6,500 square foot retention basin at the cul-de-sac. • La Paloma II — Avenida Rosario; approximately 330 lineal feet of parkway along Hovley Lane West and a 6,500 square foot retention basin at the cul-de-sac. • La Paloma III —Avenida Solana; approximately 330 lineal feet of parkway along Hoviey Lane West, no retention basin. • Hovley Collection —Avenida Calafia and Avenida Estrada: Approximately 660 lineal feet of parkway along Hovley Lane West and a 15,400 square foot retention basin at the back of the streets. • Sandpiper Court — Approximately 170 lineal feet of landscaped parkway on the south side of Hovley Lane and Sandpiper Court and 6,600 square foot retention basin at the south end of the cul-de-sac. • Sandpiper Court West — Approximately 150 lineal feet of landscaped parkway on the south side of Hovley Lane at Sandpiper Court West and a 6,500 square foot retention basin at the south end of the cul-de-sac. • Hovley Court West — Approximatety 300 lineal feet of parkway along Hovley Lane West and 550 lineal feet along Monterey Avenue south of Hovley Lane West. • Diamondback — Diamondback Road; approximately 280 lineal feet of parkway along Hovley Lane West. • Palm Court — Palm Court; approximately 280 lineal feet of parkway along Hovley Lane West. LANDSCAPE MAINTENANCE AREA#9—AREA DESCRIPTIONS 1_ Entrada del Paseo Complex located at the corner of Highway 111 and EI Paseo/Painters Path (does not include Cuistot or La Spiga restaurants): • Eric Johnson Gardens • Palm Springs Art Museum-Palm Desert • Henderson Community Center 2. CAM area at Entrada del Paseo Complex located at the corner of Highway 111 and EI Paseo/Painters Path. This area includes all landscaped areas remaining in complex not listed above. 3. Baja Park, located on the north side of Fred Waring Drive from San Pascual Avenue to Florine Avenue. 4. EI Paseo from Hwy. 111 West to Hwy. 111 East 5. Santa Rosa and San Jacinto Mountains National Monument Visitor Center LANDSCAPE MAINTENANCE AREA#16—AREA DESCRIPTIONS 1. Joe Mann Park (2.5 acres) is located at 77-810 California Avenue, on the north side of California Avenue befinreen Warner Trail and Washington Street. Improvements consist of restrooms and adjacent hardscape, covered picnic area, tot playground, a water feature and adjacent hardscape, turf open space, dog park, volleyball court, basketball court, rose garden, paved parking lot and parking lot planters. 2. Freedom Park (26 acres) is located at 77-400 Country Club Drive. This area includes turf, irrigation, trees, planter areas, community gardens, playgrounds, dog park, volleyball courts (2), basketball courts (3), tennis courts (2), and sports fields. 3. Hovley (Palm Desert) Soccer Park (21 acres) is located at 74-735 Hovley Lane, on the south side of Hovley Lane East, west of Corporate Way. Improvements consist of covered picnic areas, tot playground, shuffleboard courts, basketball court, horseshoe pits, approximately 13 acres of open turf area, inside perimeter areas, paved parking lots with planter islands, sidewalks, drainage areas, and other hardscape areas. 4. University Park Dog Park (2.4 acres) is located at 74-802 University Park Drive, at the west intersection of University and College Drive. This area includes turf, planter areas, shade structures and a restroom. 5. University Park East (2.5 acres) is located at 74-902 University Park Drive, at the east intersection of University and College Drive. This area includes restrooms, playground(s), basketball court, turf and planter areas. LANDSCAPE MAINTENANCE AREA#17—AREA DESCRIPTIONS 1. Civic Center Park and Parkview Office Complex are located at 73-510 Fred Waring Drive. This park area includes turF, irrigation, planter areas, date grove, rose garden, Holocaust Memorial, dog park, skate park, amphitheater, tennis courts, volleyball courts, playgrounds, pavilion/shelter areas, and sports fields. 2. Magnesia Falls City Park is located on Magnesia Falls Drive between Portola Avenue and Rutledge Way, and includes the area known as Oleson Field. Improvements consist of restrooms, picnic area, tot playground, turf open space and paved parking lot. Oleson Field runs along the north and east fence lines and six feet outside the perimeter radius of the outfield lights. Infield maintenance for baseball games is not included in the scope of this contract. Contractor is responsible for weeds and debris five feet inside perimeter radius. TurF along Rutledge Way will be maintained up to the street curb. . 3. San Pascual Channel Planter is located on the east side of the San Pascual Drainage Channel, between the channel fence and San Pascual Avenue between Fred Waring Drive and Krug Avenue. LANDSCAPE MAINTENANCE AREA#18—AREA DESCRIPTIONS 1. Ironwood Park (14.5 acres) is located at 47-800 Chia Drive, on the east side of Chia Drive befinreen Haystack Road and Loma Vista Lane and is an improved natural park. Improvements consist of restrooms, covered picnic areas, tot playground, open turf area, paved parking lot, enhanced natural landscape with trails, planter areas with irrigation, sidewalks, and other hardscape areas. 2. Washington Charter School Park (2.5 acres) is located at 45-768 Portola Avenue, and on the corner of Chicory Street and Lantana Avenue in the east quadrant of the Washington Charter School property. Improvements to be maintained in this contract include all turf area inside the perimeter fence, tot playground and adjacent rubber and hardscape surfaces, basketball court and perimeter planters and sidewalks along Chicory Street and Lantana Avenue. 3. Cahuilla Park (27.5 acres) is located at 45-825 Edgehill Drive, on the west side of the storm channel at Edgehill Drive and Green Way, and is a natural park with minor improvements. Improvements include a few picnic tables and irrigation system for selective trees and plants. Two tennis courts are available for public use. 4. Palm Desert Community Gardens (1 acre) are located on the west side of San Pablo Avenue between Santa Rosa Way and Royal Palm Drive. Improvements consist of restroom, planter areas outside perimeter fence, maintaining all surfaces inside perimeter fence, paved parking lot and covered picnic areas. 5. Homme/Adams Park (27 acres) is located at 72-500 Thrush Road, along the Palm Valley storm channel west of Highway 74 at the terminus of Thrush Road, starting 100 feet south of Southcliffe Road to the north park boundary, which includes upper palapa area. It runs along the west side of the split rail fence. This is a 24+/- acre natural area. Improvements include two palapa structures, trashcans, parking areas and various trails. Maintenance will be limited to litter removal, changing of trashcan liners, maintaining small irrigation system that irrigate palm trees, and removing weeds and volunteer plant material not native to the area. 6. Palma Village Park (2 acres) is located on the corner of De Anza Way and San Carlos Avenue Improvements include a tot lot, sand volleyball, turF and planter areas with irrigation, a restroom, basketball court, picnic tables, benches and trash cans. SPECIALTY AREAS DESCRIPTIONS Desert Star: Desert Star is located east of Portola Avenue, north of Fred Waring Drive and south of Magnesia Falls Drive. The trees are located in the planter at the end of the cul-de-sac on Desert Star Bivd. off of Myrsine Avenue. San Pascual Lot: The San Pascual Lot is located at 44-215 San Pascual Avenue. The lot includes all trees inside the fenced areas and along the sidewalk. ATTACHMENT 3 HOUSING PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 (1 Page to This Attachment Follows) SECTION 3—ATTACHMENTS ATTACHMENT 4 HOUSING VICINITY MAP AND LIST OF PROPERTIES CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 (2 Pages to This Attachment Follow) SECTION 3—ATTACHMENTS C ATTAC H M E N T 3 TO EXHIBIT C Specifications for Tree Pruning Services ������� `�4 CITY OF PALM DESERT RIVERSIDE COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONTRACT NO. C32330 PROJECT NO. 932-13 20'13 CITYWlDE TREE PRUNING GREE OD, P.E. DI E TOR OF PUB IC WORKS 73-5 0 FRED WARING DR1VE PALM DESERT� CA 92260 DECEMBER 2012 TABLE OF CONTENTS CITYWIDE TREE PRUNING PROJECT NO. 932-13, CONTRACT NO. C32330 *Once-Starred/tems Must Be Returned With Bid **Twice-Starred Items Must Be Returned Upon Award of Contract SECTION 1 - CONTRACT DOCUMENTS NOTICE INVITING BIDS Bid Due Date 1 Work Included in Bid 1 Availability of Specifications 1 Prevailing Wage Determination 1 Form of Bid 1 Questions Due 1 Agency Rights 1 Contractor Licensure Requirement 2 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS Bid Proposal Submission- Instructions for a Complete Package 3 Addenda 4 Interpretation of Documents 4 Requirement to Meet all Bid Provisions 4 Requirement to Bid on the Complete Work 4 Submission of One Bid Only 4 Qualifications of Bidders 5 Subletting and Subcontracting 5 Bid Withdrawal, Late Submissions, Public Bid Opening 5 Communication Regarding Bid 5 Evaluation of Bids 5 Bid Retention and Award of Contract 6 Inspection of Site 6 Contract Initiation Meeting 6 Non-collusion Affidavit 6 Contract Documents Identified 6 Licenses and Certifications Required 7 Bonds Required 7 Return of Guarantee 7 CONTRACTOR'S PROPOSAL SUBMISSION FORM '� Attestation of Bidder 8 * Bid Per Tree 8 * Addenda Acknowledgement 8 * Signature of Bid Preparer 8 * Information Required of Bidder 9 '� A�davit of Non-collusion 12 * Bid Bond 13 POST-AWARD DOCUMENTS ** Agreement 15 '`* Contractor Notary Acknowledgment 19 ** Performance Bond 20 ** Payment Bond 22 SECTION 2 -SPECIFICATIONS GENERAL TERMS AND CONDITIONS Indemnification � Insurance 2 Review of Contract Documents and Job Site 3 Protection of the Public 4 Protection and Restoration of Existing Facilities 5 Contract Price Includes All Work g City-furnished Equipment g Coordination with Other Contractors 6 Encroachment Permit g Inspection of the Work g Contract Assignment g Non-discrimination g Hours of Work 7 SPECIFIC TERMS AND CONDITIONS Scope of Work g Sample Pruning, Pruning Standards, and Corrective Measures 9 Pruning Requirements g Contract Initiation Conference 11 Scheduling and Work Completion 11 Responsibility for Job Site Conditions 12 Safety 13 Traffic Control 13 Damage to Public or Private Property 14 Work Performed on Private Property 14 Debris Removal and Composting of Green Waste 15 Liquidated Damages 15 Measurement, Invoicing, and Payment 15 SECTION 3 -ATTACHMENTS Attachment 1 —City Tree Inventory Attachment 2 —City Vicinity Maps and Area Descriptions Attachment 3 — Housing Tree Inventory Attachment 4 — Housing Vicinity Map and List of Properties NOTICE INVITING SEALED BIDS 2013 CITYWIDE TREE PRUNING PROJECT NO. 932-13 CONTRACT NO. C32330 PUBLIC NQTICE IS HEREBY GIVEN that the City of the Palm Desert ("CITY") and the Palm Desert Housing Authority ("AUTHORITY") invite sealed bids for the above-stated project and will receive such bids in the offices of City Clerk up to the hour of 2:00 PM on Tuesday, January 8, 2013, at which time they will be publicly opened and read aloud. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents and Specifications for the above- stated project. Printed copies of said Contract Documents and Specifications are available from CITY for a non-refundable fee of$20.00 per set. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be perFormed. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: www.dir.ca.gov/DLSR/statistics research.html, or by contacting the District Office at 464 West Fourth Street, Suite 239, San Bernardino, CA 92401- 1411, telephone (909) 383-4341. In accordance with City Ordinance No. 859, the City portion of the project (identified as the "Landscape Maintenance Areas" or "LMAs" and the "Specialty Areas") shall not require prevailing wage payments. The Housing portion of this project shall require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code except that the City portion (identified as LMAs) of this project shall not be subject to prevailing wage law (Labor Code Section 1770, et. seq.). 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 2013 CITYWIDE TREE PRUNING (Contract No. C32330 - Project No. 932-13. DO NOT OPEN W/TH REGULAR MAIL." All questions must be put in writing and must be received by City no later than 2:00 PM on Wednesday, January 2, 2013. Requests for clarification, questions and comments must be clearly labeled "Written Questions for 932-12" and addressed to H. Spencer Knight, City of Palm Desert, Department of Public Works. City is not responsible for failure to respond to a request that has not been so labeled. CITY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. Page 1 At the time of bid, the prime Contractor shall possess a C-27 or D-49 license and ISA Arborist certification. At the time of award, Contractor shall possess a City of Palm Desert Business License. BY ORDER OF 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 2 NOTICE 1NVITING BIDS 2013 CITYWIDE TREE PRUNING PROJECT NO. 932-13 CONTRACT NO. C32330 PUBLIC NOTICE IS HEREBY GIVEN that the City of the Palm Desert ("CITY") and the Palm Desert Housing Authority ("AUTHORITY") invite sealed bids for the above-stated project and will receive such bids in the offices of City Clerk up to the hour of 2:00 PM on Tuesday, January 8, 2013, at which time they will be publicly opened and read aloud. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents and Specifications for the above- stated project. Printed copies of said Contract Documents and Specifications are available from CITY for a non-refundable fee of$2Q.00 per set. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be perFormed. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: www.dir.ca.aov/DLSR/statistics research.html, or by contacting the District Office at 464 West Fourth Street, Suite 239, San Bernardino, CA 92401- 1411, telephone (909) 383-4341. In accordance with City Ordinance No. 859, the City portion of the project (identified as the "Landscape Maintenance Areas" or "LMAs" and the "Specialty Areas") shall not require prevailing wage payments. The Housing portion of this project shall require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code except that the City portion (identified as LMAs) of this project shall not be subject to prevailing wage law (Labor Code Section 1770, et. seq.). 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 2013 CITYWIDE TREE PRUNING (Contract No. C32330 - Project No. 932-13. DO NOT OPEN WITH REGULAR MAIL." All questions must be put in writing and must be received by City no later than 2:00 PM on Wednesday, January 2, 2013. Requests for clarification, questions and comments must be clearly labeled "Written Questions for 932-13" and addressed to H. Spencer Knight, City of Palm Desert, Department of Public Works. City is not responsible for failure to respond to a request that has not been so labeled. CITY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. SECTION 1 —CONTRACT DOCUMENTS Page 1 At the time of bid, the prime Contractor shall possess a C-27 or D-49 license and ISA Arborist certification. At the time of award, Contractor shall possess a City of Palm Desert Business License. BY ORDER OF City Council of the City of Palm Desert. Dated this day of 20 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CAUFORNIA City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 SECTION 1 — CONTRACT DOCUMENTS Page 2 BID TERMS AND CONDITIONS INSTRUCTIONS TO BIDDERS 2013 CITYWIDE TREE PRUNING PROJECT NO. 932-13 CONTRACT NO. C32330 BID PROPOSAL SUBMISSION CITY shall accept a sealed bid proposal submitted on the provided Contractor's Proposal Submission Form, which shall, when combined with the Notice Inviting Bids, the Bid Terms and Conditions, the General Terms and Conditions, the Specific Terms and Conditions, and the document titled Agreement, constitute a complete agreement. The proposal cost quotation shall include all costs for CONTRACTOR to accomplish the work outlined in the proposal and shall be all-inclusive. 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. CONTRACTOR shall submit the proposal cost on a per-tree basis. This per-tree cost shall be used for any additions or subtractions to the indicated tree count. The proposal shall be submitted in a sealed opaque envelope that clearly identifies the bidder and the project. The sealed envelope shall also be labeled with the following information: Company name and business address Contractor's license type and number Business phone number Contact person Sealed bid proposals will be received at the office of: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Until: 2:00 PM on Tuesday, January 8, 2013. The completed package shall include a signed Contractor's Proposal Submission Form with the per-tree price indicated; Addenda Acknowledgement; Information Required of Bidder; signature and attestation of bid preparer; notarized Affidavit of Non-Collusion; and Bid Bond. Forms are provided in the bid packet available from CITY. SECTtON 1 —CONTRACT DOCUMENTS Page 3 BID TERMS AND CONDITIONS - CONTINUED INSTRUCTION TO BIDDERS 2013 CITYWIDE TREE PRUNING PROJECT NO. 932-13 CONTRACT NO. C32330 ADDENDA CITY 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 CITY its name, address, phone number and e-mail address for the purpose of receiving addenda. CITY will cause copies of addenda to be mailed, delivered or e-mailed 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. INTERPRETATION OF DOCUMENTS Discrepancies, omissions, ambiguities, and requirements likely to cause disputes between trades and similar matters shall be promptly brought to the attention of CITY, in writing, and to the attention of the Director of Public Works. When appropriate, addenda will be issued by CITY. No communication by anyone as to such matters except by addendum affects the meaning or requirements of the contract documents. REQUIREMENT TO MEET ALL BID PROVISIONS Each bidder shall meet all of the specifications, bid terms, and conditions. Non- substantial deviations may be considered provided that the bidder submits a full description of, explanation of, and justification for the proposed deviations. CITY will make a final determination of any proposed deviation. REQUIREMENT TO BID ON COMPLETE WORK 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: As to lump-sum items, the amount set forth in the "Total" column shall be the item price. 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. SUBMISSION OF ONE BID ONLY No individual or business entity of any kind shall be allowed to make, file, or be interested in more than one bid, except an alternative bid when specifically requested. However, an individual or business entity which has submitted a sub-proposal to a bidder submitting a proposal, or has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. SECTION 1 —CONTRACT DOCUMENTS Page 4 BID TERMS AND CONDITIONS - CONTINUED INSTRUCTION TO BIDDERS 2013 CITYWIDE TREE PRUNING PROJECT NO. 932-13 CONTRACT NO. C32330 QUALIFICATIONS OF BIDDERS No award will be made to any bidder who cannot give satisfactory assurance to CITY as to its own ability to carry out the contract, both from its financial standing and by reason of its 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 the bid. SUBLETTING AND SUBCONTRACTING Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Government Code) to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who will specifically fabricate and install 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 subcontractor for any portion of the work under the guidelines above implies that CONTRACTOR's own forces will do that portion of the work. It is CITY's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. BID WITHDRAWAL, LATE SUBMISSIONS. PUBLIC BID OPENING A bidder may withdraw a proposal, without prejudice, prior to the time specified for the bid opening, by submitting a written request to City Clerk for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the Notice Inviting Bids will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. COMMUNICATION REGARDING BID All timely requests for information submitted in writing will receive a written response from CITY. Telephone communications with city staff are not encouraged, but will be permitted; however, any such oral communication shall not be binding on CITY. EVALUATION OF BIDS The evaluation of bids and award of contract shall be based solely on the final decision of CITY. SECTION 1 —CONTRACT DOCUMENTS Page 5 BID TERMS AND CONDITIONS - CONTINUED INSTRUCTION TO BIDDERS 2013 CITYWIDE TREE PRUNING PROJECT NO. 932-13 CONTRACT NO. C32330 BID RETENTION AND AWARD OF CONTRACT CITY reserves the right to retain all bids for a period of thirty (30) days for examination and comparison. CITY also reserves the right to waive non-substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible, responsive bidder as the interests of CITY may require. Acceptance by CITY at a meeting regularly called and held of a contractor's proposal authorizes CITY to enter into a contract subject to the execution by both CONTRACTOR and CITY of a written agreement evidencing said contract, and subject to CONTRACTOR providing all requirements set forth in said contract including, but not limited to, insurance and bonding requirements. CONTRACTOR is advised that CITY has up to 90 days from award of contract within which to issue the notice to proceed. INSPECTION OF SITE Bidders must examine the site and become acquainted with all conditions affecting the work. In submitting a bid, the bidder warrants that they have made such site examination as they deem necessary to determine the condition of the site, its accessibility to materials, workmen and equipment, and to determine the bidder's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters. CONTRACT INITIATION MEETING The date, time and location for a meeting will be established after award of the bid. A preliminary work schedule will be required at this meeting. NON-COLLUSION AFFIDAVIT Bidder declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud. The Affidavit of Non-Collusion shall be executed, notarized, and submitted with the bid. 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 specifications or attachments in making their bid. SECTION 1 —CONTRACT DOCUMENTS Page 6 BID TERMS AND CONDITIONS - CONTINUED INSTRUCTION TO BIDDERS 2013 CITYWIDE TREE PRUNING PROJECT NO. 932-13 CONTRACT NO. C32330 LICENSES AND CERTIFICATIONS A bidder must have, at the time the bid is submitted, current licenses and certifications as listed below. This includes a joint venture formed to submit a bid. • C27 Landscape Contractor License or D49 Tree Service Contractor License • ISA Arborist Certification • Certified tree workers are recommended but not required A dedicated ISA certified arborist must directly supervise all field activities on a daily basis and must be available to meet with City landscape inspectors. A City of Palm Desert Business License will be required at the time of contract award. BONDS REQUIRED CONTRACTOR shall execute and submit a bid bond in the amount of ten (10%) percent of the contract amount. In addition to the bid bond, CITY requires a payment bond in the amount of one hundred (100%) percent of the contract amount from the successful bidder. In addition to the bid bond and the payment bond, CITY requires a one hundred (100%) percent performance bond from the successful bidder. All bonds must be on City's forms contained in the contract documents. Bonds required under these specificatians and Civil Code sections 3247 and 3248 shall be provided by an admitted insurance company in the State of California and shall, in addition to the bond form, provide all information as follows: (1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. (2) A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the insurer's receipt of a request to submit the statements. RETURN OF GUARANTEE (if aaalicable) Bid bonds or checks of unsuccessful bidders will be returned by mail when the executed agreement and bonds are received by CITY. Bid bonds of the successful bidder will not be returned but shall be 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. SECTION 1 —CONTRACT DOCUMENTS Page 7 CONTRACTOR'S PROPOSAL SUBMISSION FORM CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all phases and types of work described in the specifications. The unit cost for all tree pruning work shall be indicated. QUANTITY UNIT COST TOTAL COST SUBTOTAL for CITY Tree Prunin 1350 $ $ SUBTOTAL for HOUSING Tree Prunin 469 $ $ TOTAL FOR ALL TREE PRUNING 1,819 $ TQTAL F�R ALL TFtEE PRUNINC� 1N Wt3!"�D�; �c���ar�and Cen� Undersig�ed hereby ac�uwleciges receigt afthe�umh�r of Addendums circlec�:(you M{JST circle�number) 0 ` � 2 3 Company: Address: Telephone: Fax: Bid Prepared By: Title: Signature: Date: SECTION 1 —CONTRACT DOCUMENTS Page 8 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 INFORMATION REQUIRED OF BIDDER In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: ❑ (1) Company Name and Address (2) Telephone No. (3) Type of Firm (Individual, Partnership or Corporation) (4) Corporation organized under the laws of the State of (5) Contractor's License No. Exp. Date (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (7) Number of years experience as a tree pruning contractor (8) Number of years experience with municipal tree contracts (9) Name of the I.S.A certified field supervisor who will be supervising this work: (10) His/her I.S.A. Certified Arborist Number Exp. Date (11) Number of ISA Certified Tree Workers with the organization SECTION 1 —CONTRACT DOCUMENTS Page 9 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 (12) List at least three similar municipal projects completed within the last five years (two must involve pruning low desert palette trees): Contract Class of Date Name, Address 8�Telephone Amount Work Completed Number of OWNER 1. $ 2. $ 3. $ (13) List the names and addresses of each subcontractor who will perForm work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet Subcontractor's Name: License Number: Address: Telephone: Work to be performed: SECTION 1 —CONTRACT DOCUMENTS Page 10 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 (14) List the name of the person who inspected the site of the proposed work for your firm (15) CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. By: Title: Signature Contractor THIS AREA INTENTIONALLY LEFT BLANK SECTION 1 —CONTRACT DOCUMENTS Page 11 CONTRACTOR'S PROPOSAL SUBMISSION FORM-CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO.932-13 CONTRACT NO.C32330 AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) , being first duly sworn, deposes and says that he/she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and neither collusive nar sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly ar indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. By: Signature (CONTRACTOR) Title (CONTRACTOR) Jurat Certificate State of California ) ) � County of ) Subscribed and sworn to (or affirmed)before me on this day of (month), (year),by � proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. Signature of Notary (Seal of Notary) SECTION 1 —CONTRACT DOCUMENTS Page 12 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, as principal, and , as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ (10% of bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of: prune and trim trees as described herein and as detailed in the Contract Documents and all appurtenant work as required by the specifications and appendices, and dated is accepted by the City of Palm Desert, and if the above bounden principal shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remuinder of this page has intentionally been left filank. Signature blocks are contained on the next page.J SECTION 1 —CONTRACT DOCUMENTS Page 13 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this day of 2013. Contractor's Name: Contractor's Signature: Title: Address: Telephone: Surety's Name: Surety's Signature: Title: Address: Telephone: SECTION 1 —CONTRACT DOCUMENTS Page 14 POST-AWARD DOCUMENTS CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT 932-13 CONTRACT NO. C32330 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this day of 2013, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and , herein referred to as "Contractor." WITNESSETH: WHEREAS, on December 19, 2012, City invited bids for 2013 Citywide Tree Pruning; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said services; and WHEREAS, Contractor states that it has re-examined its contractor's proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, and has examined the site and contract in accordance with the contract documents for the money set forth in its proposal to be paid as provided in the contract documents; NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from the date of execution of this instrument through June 30, 2013 or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum of dollars ($ ) as billed on a per-item monthly basis as set forth in the Contract Documents and adopted by City. (3) 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 Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless the City of Palm Desert, the Palm Desert Redevelopment Agency, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside SECTION 1 —CONTRACT DOCUMENTS Page 15 and their respective officials, officers, employees, representatives and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of, in connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify and do whatever is necessary to protect the City of Palm Desert, the Palm Desert Redevelopment Agency, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of City. (6) 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 period 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 shall 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 pertormed 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/Instructions to Bidders; Contraetor's Proposal Submission Forms; Addendum Nos. ; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Exhibits; Bid Packet Attachments; 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. SECTION 1 —CONTRACT DOCUMENTS Page 16 (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) BINDING AGREEMENT This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. (10) CALIFORNIA LABOR CODE COMPLIANCE Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the pertormance of the work of this contract." Further to 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. (11) 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. (12) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: IF TO CITY: IF TO CONTRACTOR: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (13) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including the cost of consultants and experts, in addition to any other relief granted by the court. SECTION 1 —CONTRACT DOCUMENTS Page 17 (14) 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. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: By: Title: Printed name Signature (to be notarized on form provided) FOR CITY BY: ATTEST: JAN HARNICK RACHELLE D. KLASSEN MAYOR CITY CLERK Palm Desert, California Palm Desert, California APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY SECTION 1 — CONTRACT DOCUMENTS Page 18 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } }SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CITY NOTARY ACKNOWLEDGMENT State of California } }SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SECTION 1 —CONTRACT DOCUMENTS Page 19 POST-AWARD DOCUMENTS CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to hereinafter designated as "Principal", a contract for: CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert,hereinafter called City, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators,and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors,heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, the Agency, the Authority and their respective officials, officers, employees, representatives and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. SECTION 1 —CONTRACT DOCUMENTS Page 20 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of ,2013. SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER SECTION 1 —CONTRACT DOCUMENTS Page 21 POST-AWARD DOCUMENTS CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert(sometimes referred to hereinafter as "Obligee")has awarded to (hereinafter designated as "Contractor"), an agreement dated described as follows: CITYWIDE TREE PRUNING PROGRAM, PROJECT NO. 932-13, CONTRACT NO. C32330 (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Dollars($ ), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by tl�ese presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. SECTION 1 —CONTRACT DOCUMENTS Page 22 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF,we have hereunto set our hands and seals this day of , 2013. PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Deparhnent's most current list(Circular 570 as vnended). Any claims under this bond may be addressed to: (Name,Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) SECTION 1 —CONTRACT DOCUMENTS Page 23 GENERAL TERMS AND CONDITIONS CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 INDEMNIFICATION CONTRACTOR agrees to indemnify the City of Palm Desert ("CITY"), the Palm Desert Housing Authority ("AUTHORITY"), the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents against, and will hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work, operations or activities of CONTRACTOR, its agents, employees, subcontractors and employees thereof, or invitees (collectively "INDEMNITORS"), or arising from the negligent acts or omissions of CONTRACTOR and/or INDEMNITORS hereunder, or arising from CONTRACTOR's and/or INDEMNITORS' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives or agents but excluding such claims or liabilities arising from the sole negligence or willful misconduct of CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives or agents who are directly responsible to CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and in connection therewith: (a) CONTRACTOR shall defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs including but not limited to consultant and expert costs, and attorneys' fees incurred in connection therewith; (b) CONTRACTOR shall promptly pay any judgment rendered against CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and/or their respective officials, officers, employees, representatives or agents for any such claims or liabilities arising out of or in connection with the negligent perFormance of or failure to perform such work, operations or activities of CONTRACTOR hereunder; and CONTRACTOR agrees to save and hold CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and their respective officials, officers, employees, representatives and agents harmless therefrom; (c) CONTRACTOR shall maintain strict compliance with all provisions of Cal-OSHA Standards and Regulations. CONTRACTOR acknowledges and hereby agrees to be SECTION 2—SPECIFICATIONS Page 1 GENERAL TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 defined as the "controiling employer" at the job site. As the "controlling empioyer," CONTRACTOR shall take reasonable steps to ensure that all employees and subcontractors maintain compliance with Cal-OSHA Standards and Regulations. CONTRACTOR shall be responsible for all fines, penalties and judgments and any delays in completing contract requirements that result from Cal-OSHA action; (d) In the event that CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and their respective officials, officers, employees, representatives or agents are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for such damages or other claims arising out of or in connection with the negligent perFormance of or failure to perform the work, operation or activities of CONTRACTOR hereunder, CONTRACTOR agrees to pay to CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, and their respective officials, officers, employees, representatives and agents any and all costs and expenses incurred by CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents in such action or proceeding, including, but not limited to, legal costs, consultant and expert costs, and attorneys' fees. INSURANCE CONTRACTOR shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CITY, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on an occurrence basis with a combined single limit of at least $2,000,000 per occurrence, and $4,000,000 general aggregate, for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The Commercial General Liability Policy shall add the City of Palm Desert, the Palm Desert Redevelopment Agency, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La G2uinta, and the County of Riverside as additional insureds in accordance with the language below. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. SECTION 2—SPECIFICATIONS Page 2 GENERAL TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 The Commercial General Liability Policy shali be primary and non-contributing insurance or endorsed to be primary and non-contributing insurance. The Commercial General Liability insurance policy shall add "the City of Palm Desert, and the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, and the County of Riverside" as additional insureds under the endorsement on the general liability policy. The insurer shall waive all rights of subrogation and contribution it may have against CITY, AUTHORITY, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside, their respective officials, officers, employees, representatives and agents, and their respective insurers. In the event any of said policies of insurance are canceled, CONTRACTOR shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to CITY. No work or services under this Agreement shall commence until CONTRACTOR has provided CITY with (1) Certificates of Insurance and (2) Additional Insured Endorsements that are approved by CITY. CONTRACTOR shall provide CITY with a copy of its workers compensation insurance certificate, its W-9 form, and its City of Palm Desert business license. In the event CONTRACTOR subcontracts any portion of the work, the contract between CONTRACTOR and such subcontractor shall require the subcontractor to maintain the same polices of insurance that CONTRACTOR is required to maintain pursuant to this Section. REVIEW OF CONTRACT DOCUMENTS AND JOB SITE CONTRACTOR shall carefully study and compare the contract documents with each other and with information available to CONTRACTOR and furnished by CITY and shall immediately notify the Director of Public Works or his designee of errors, inconsistencies and/or omissions discovered. If CONTRACTOR performs any activity knowing it involves a recognized error, inconsistency or omission in the contract documents without notice to the Director of Public Works or his designee, CONTRACTOR shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. CONTRACTOR shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to CONTRACTOR with the contract documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Director of Public Works or his designee immediately. SECTION 2—SPECIFICATIONS Page 3 GENERAL TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 PROTECTION OF THE PUBLIC CONTRACTOR shall take all necessary precautions to protect the public, especially children, from the hazards of falling limbs, equipment, and brush chippers. A brush chipper must not be left unattended at any time and workers must be located within fifteen (15) feet of and perform diligent monitoring of a brush chipper at all times while the motor is running. When not in use, a brush chipper must have a brush guard and all protective covers securely fastened. CONTRACTOR shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property. Whenever, in the opinion of CITY, an emergency exists where CONTRACTOR has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property, or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or to prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, CITY may provide suitable protection to said interest by causing such work to be performed and material to be furnished as, in the opinion of CITY, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by CONTRACTOR. If he shall not pay said cost and expense upon presentation of the bills therefore duly certified by the Director of Public Works or his designee, then said cost and expense will be paid by CITY and shall thereafter be deducted from any amounts due, or which may become due, said CONTRACTOR. Failure of CONTRACTOR to take such precautionary measure shall not relieve CONTRACTOR of his full responsibility for public safety. Materials, equipment, and debris shall be stored so as to not create a public nuisance. No materials or equipment, nor debris shall be stored at the project site without prior written authorization. CONTRACTOR is responsible to design, construct and maintain all safety devices, equipment and vehicles and for conforming to all local, state and federal safety and health standards, laws and regulations. SECTION 2—SPECIFICATIONS Page 4 GENERAL TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 PROTECTION AND RESTORATION OF EXISTING FACILITIES This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way and other impacted areas. Types of existing improvements and services consist of but are not limited to the following: existing roads, sidewalk, landscaping, irrigation, signs, and associated structures; private property; landscaping; irrigation; water appurtenances; light poles; carports; walls, fences and gates. Damage to facilities caused by CONTRACTOR's operations shall be repaired or replaced by and at the expense of CONTRACTOR. If existing sidewalk or curb is damaged, entire panels shall be removed and replaced; no new joints will be allowed. CONTRACTOR shall take all precautions to protect all existing improvements. Existing private properties and improvements shall be carefully protected. Any damages to irrigation systems, landscaping, fences, or improvements shall be repaired by CONTRACTOR at CONTRACTOR's expense and to the satisfaction of the property owner within twenty-four (24) hours of report of the damage. CONTRACTOR is responsible to keep streets within the work area clean at all times. Any cleanup performed by city crews due to poor cleaning practices shall be charged to CONTRACTOR at overtime rates. CONTRACTOR shall remove from public and private properties at its own expense all rubbish and waste materials resulting from its operations; including any material that may fall in swimming pools, lagoons, or other water features. If on private property, CONTRACTOR must obtain permission from property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by the Director of Public Works or his designee. All existing surfaces, whether asphaltic or concrete, Portland cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after performance of the work contracted herein, be restored to a condition equal to that which existed prior to commencement of the work. All restoration shall be in-kind unless otherwise directed by the Director of Public Works or his designee. All removal, maintenance, and replacement of existing landscape shall be performed by a licensed C27 Landscaping Contractor. SECTION 2—SPECIFICATIONS Page 5 GENERAL TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 CONTRACT PRICE INCLUDES ALL WORK The cost of all labor, material and equipment necessary to complete the work, including traffic control measures, as described in the specifications shall be included in the price of the contract. CITY-FURNISHED EQUIPMENT CITY will not furnish equipment for this project. COORDINATION WITH OTHER CONTRACTORS CITY expects to have one (1) or more separate contractors/utility companies working in the same area at the same time. CONTRACTOR shall coordinate and cooperate with any and all separate contractors at no additional cost to CITY. Such coordination may include, but will not be limited to, participation in regularly scheduled or special meetings with CITY, residents, and/or other contractors; sharing work and materials storage areas; scheduling work to coincide with work of another contractor and to minimize disruption to residents; and similar tasks requested by CITY. ENCROACHMENT PERMIT Before commencing work, CONTRACTOR shall apply for and receive a no-fee permit to work within the public right-of-way. A City Inspector will be assigned to monitor compliance with the terms and conditions of the encroachment permit, including traffic control procedures and devices. When applicable, it is the CONTRACTOR's responsibility to obtain an encroachment and/or other permits required to perForm said work from adjoining cities and conform to their rules and regulations. INSPECTION OF THE WORK In accordance with the encroachment permit issued to CONTRACTOR, CONTRACTOR shall notify CITY at (760) 776-6450, forty-eight (48) hours in advance of the start of work. There will be inspection of this project to ensure strict adherence to the specifications. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by CITY. CONTRACT ASSIGNMENT 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, CONTRACTOR agrees that it will not engage in, nor will it permit its subcontractors to engage in, discrimination in the employment of persons on the basis of age, race, color, sex, national origin or ancestry, or religion. SECTION 2—SPECIFICATIONS Page 6 GENERAL TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 HOURS OF WORK Unless otherwise approved by CITY, CONTRACTOR shail not work outside the established hours of operation for this project: May 1 through September 30 Weekdays (MTWTF): *6:00 AM to 7:00 PM Weekends (Saturday): **8:00 AM to 5:00 PM Weekends (Sunday): No Work City Holidays: No Work October 1 through April 30 Weekdays (MTWTF): *7:00 AM to 5:30 PM Weekends (Saturday): �`�`8:00 AM to 5:00 PM Weekends (Sunday): No Work City Holidays: No Work Failure to observe these work hours will be considered a contract deficiency and may also result in a citation issued by the Palm Desert Police Department. (Emergency work directed by CITY is not held to these restrictions.) *Work performed in the City of Palm Desert's housing properties and The Grove development will not begin before 8:00 am. *Work perFormed on EI Paseo may be limited to morning hours only, depending upon traffic. **Work is permitted on Saturdays only with prior approval by CITY. Work is not permitted on City holidays: New Year's Day (or observed) Labor Day Martin Luther King, Jr. Birthday Veterans' Day Presidents' Day Thanksgiving Memorial Day Day after Thanksgiving Independence Day Christmas (or observed) SECTION 2 —SPECIFICATIONS Page 7 SPECIFIC TERMS AND CONDITIONS CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 • CONTRACT NO. C32330 SCOPE OF WORK CITY and AUTHORITY trees are located along street medians, certain parkway areas, parks, parking lots, adjacent to city-owned buildings, and in multi-family housing complexes. A recent tree inventory indicated there were approximately 1,357 broadleaf trees with a DBH measurement of between four and forty inches (4" to 40") to be pruned (see Attachments for species quantity and locations). The actual tree count will be verified in the field between CONTRACTOR and the Director of Public Works or his designee. A portion of the work will be accomplished on street medians and parkways requiring CONTRACTOR to close down a traffic lane to accomplish the work. At other locations work can be accomplished from the curbside parking lanes and/or parking lots. CONTRACTOR shall provide all necessary traffic control devices, as further specified, as part of this proposal. It is strongly recommended that CONTRACTOR visit all sites prior to submitting a bid. Trees located in multi-family complexes may not be accessible to a boom truck, chipper or other equipment. Depending upon the site location, equipment placement may require the approval of the Director of Public Works or his designee prior to starting the work. The trees are located in the City's landscape maintenance areas as listed and depicted in the attachments. The trees to be pruned are represented by the species listed in the attachments. The work shall consist of tree pruning and removal of all debris from the work sites before the end of the workday. The majority of pruning work will be end-weight reduction, crown cleaning, and/or canopy reduction, and may include structural pruning. Trees located immediately adjacent to major streets and some individual trees may require crown reduction. This work includes pruning to prevent branch and foliage interference with requirements for safe public passage (i.e., sidewalk clearance or sign obstruction). A brief description of the work completed and the condition of each tree (hazards, pests, etc.) will be recorded by the certified arborist as work progresses. This record will be based on the above-mentioned tree inventory. SECTION 2— SPECIFICATIONS Page 8 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 SAMPLE PRUNING, PRUNING STANDARDS AND CORRECTIVE MEASURES Prior to the commencement of work, City staff will train CONTRACTOR crew on the City of Palm Desert's tree pruning standards. CONTRACTOR will prune a minimum of five (5) trees under the guidance of City's certified arborist to establish representative samples. Only those employees present at the demonstration will be allowed to prune City trees. CONTRACTOR is to adhere to the guidelines established at the pruning demonstration. If a unique situation arises where CONTRACTOR believes a deviation from the guidelines is required, CONTRACTOR must first notify CITY prior to performing such pruning. If it is deemed by CITY that incorrect pruning has occurred, all pruning activities will cease and desist until corrective measures are met. When corrective measures are required in order to comply with City of Palm Desert's pruning standards, they will include but will not be limited to stopping the job and re- training CONTRACTOR and employees. The re-training will be conducted by City's certified arborist; proof of attendance will be required and only those in attendance will be allowed to prune City trees. CONTRACTOR will reimburse City for all costs associated with the re-training of CONTRACTOR's staff. PRUNING REQUIREMENTS 1) All work shall conform to current and applicable International Society of Arboriculture (ISA) and American National Standards Institute (ANSI) standards. In all cases the Director of Public Works or his designee shall have complete and sole discretion in determining conformance and acceptability of trees pruned by CONTRACTOR. Pruned trees rejected by the Director of Public Works or his designee shall be excluded from payment. 2) Contract is to be overseen and directly supervised by an ISA Certified Arborist. The certified arborist is required to be the primary contact and is to be available to meet with the Director of Public Works or his designee as needed to discuss the tree work to be performed. 3) All pruning cuts should be made in accordance with ANSI-A300 Guidelines, Section 5.3 — Pruning Cuts, and with the current edition of the City of Palm Desert maintenance guidelines. 4) No more than twenty (20) percent of the live foliage may be removed from the tree crown except in the case of live oaks, which are limited to no more than ten (10) percent crown removal. As much of the tree crown as possible should be left in place. SECTION 2—SPECIFICATIONS Page 9 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 5) The crowns of pruned trees shall be left with a balanced appearance when viewed from all sides unless otherwise approved by the Director of Public Works or his designee. 6) CONTRACTOR shall clear all trees of sprout or sucker growth as directed by the Director of Public Works or his designee. 7) CONTRACTOR shall exercise precautions as necessary when working adjacent to aerial utilities and shall comply with clearances as defined by current and applicable ANSI standards. In the event that aerial utility wires present a hazard to CONTRACTOR's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. 8) All work shall be accomplished by climbing or the use of pole saws or boom trucks. No hooks or gaffs will be used by anyone employed for tree pruning but may be used in the case of complete tree removal. 9) Any vine plant material growing on or in the trees shall be removed at ground level. 10) When pruning trees with diseased, fungus-infected or insect-infested limbs, all pruning tools shall be cleaned after each cut with alcohol or a 10% bleach solution. 11) Any observed pest or hazard problems will be noted on the daily work sheets and brought to the attention of the Director of Public Works or his designee. 12) Unacceptable pruning procedures that lead to tree decline (excluding storm damage and other extenuating circumstances) are not permitted. These types of procedures include but are not limited to: a. Severe cutting back of growing tips (i.e. topping, pollarding, or hatracking). b. Flush-cutting of branches, which results in the removal of the branch collar and branch bark ridge. c. Stub-cutting where branch removal results in the base of the branch removed protruding more than one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge (stubbing). d. Removal of a healthy main leader. e. Excessive cutting or lifting that exceeds the ISA, ANSI, and/or City standards. f. Lion tailing. SECTION 2 —SPECIFICATIONS Page 10 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 13) Pollarding of Morus alba (mulberry) trees is the only exception to these otherwise unacceptable pruning procedures. 14) CONTRACTOR will be required to take all necessary precautions to avoid staining of sidewalks and other hardscape by tree products such as fruits and dates. In the event that fruits and dates are present, CONTRACTOR will be responsible to provide tarps to cover the hardscape under trees. Tarps must be of an impermeable material. CONTRACTOR is responsible for the cleaning of any hardscape that was stained as a result of tree pruning operations. CONTRACT INITIATION CONFERENCE A pre-contract (pre-con) initiation conference shall be conducted at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, 92260 after the award of the bid and prior to the start of the contract. The job site foreman or superintendent assigned by CONTRACTOR for this project and the supervising ISA certified arborist of record shall be present at the pre-contract meeting. At the pre-contract meeting CONTRACTOR will provide for submission and review of a preliminary schedule of work activities (submitted in both paper form and electronic format using a project management or scheduling software format acceptable to the Director of Public Works or his designee}. The discussion shall include but not limited to: verification of equipment orders; project supervision; on-site inspection; progress schedules and reports; payments to CONTRACTOR; safety; other anticipated issues pertinent to the project. CITY will issue the notice to proceed at the contract initiation meeting. SCHEDULING AND WORK COMPLETION Project completion shall be within ninety (90) calendar days of the date the Notice To Proceed is issued and shall be to the satisfaction of the Director of Public Works. At the beginning of the contract work, the Director of Public Works, or his designee, and CONTRACTOR will meet and agree upon a work schedule. Any changes in this schedule must be approved by CITY, and CONTRACTOR will give CITY twenty-four (24) hours notice of said changes. CONTRACTOR shall prepare a schedule of work for this contract prior to commencing work. CITY reserves the right to have CONTRACTOR modify the schedule in order to avoid pedestrian and traffic congestion, for safety reasons, and/or to accommodate special events. SECTION 2—SPECIFICATIONS Page 11 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 Unless otherwise provided, the contract time shall commence upon the date of issuance of the Notice to Proceed. The work shall start within ten (10) consecutive calendar days thereafter, and shall be diligently prosecuted to completion within the time provided in the Specifications. On a weekly basis, CONTRACTOR shall meet with the Director of Public Works or his designee to review work of the previous week. During this time, CONTRACTOR must submit a new schedule if necessary, and pruning practices will be discussed. Compliance with the scheduling requirements of this section is the essence of this contract. Failure to comply with the requirements may result in the retention of money by CITY from pay requests made by CONTRACTOR. All schedule submittals will be made in printed and/or electronic formats acceptable to the Director of Public Works or his designee. When scheduling to prune trees located in city parks or in areas where trees are in turF, CONTRACTOR must notify CITY forty-eight (48) hours prior to commencing work. This is to allow city staff time to turn off irrigation to minimize damage to turf. CONTRACTOR will be responsible to fill in with native soil and sod, if deemed necessary by CITY, any tracks or ruts caused by CONTRACTOR's equipment or vehicles. This will be done at CONTRACTOR's expense. RESPONSIBILITY FOR JOB SITE CONDITIONS CONTRACTOR agrees that, in accordance with generally accepted ISA and ANSI A- 300 pruning practices, CONTRACTOR will be required to assume sole and complete responsibility for job site conditions during the course of pruning, including safety of all persons and property, and that this requirement shall be made to apply continuously and shall not be limited to normal working hours. SECTION 2 —SPECIFICATIONS Page 12 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 SAFETY CONTRACTOR is responsible to ensure the public right-of-way shall be maintained at all times as needed to allow for the safe passage of vehicles, pedestrians and/or the general public. CONTRACTOR shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and American National Standards Institute (ANSI) Z133.1 standards. CONTRACTOR shall supply all clothing as required by the California Manual on Uniform of Traffic Control Devices. Parking spaces are allowed to be closed for one working day at a time and will immediately be re-opened when CONTRACTOR has completed pruning the trees in that area. CONTRACTOR will be responsible for posting "No Parking" signs a minimum of finrenty-four (24) hours in advance whenever public or private parking spaces will be closed due to tree pruning activities. The "No Parking" signs must have the date and time of closure. If work along a public right-of-way will require the closure of a traffic lane, CONTRACTOR will notify CITY at least twenty-four (24) hours in advance and comply with procedures outlined in the TRAFFIC CONTROL section of this document. TRAFFIC CONTROL CONTRACTOR shall provide and maintain work zone traffic control devices at all times in accordance with the WATCH Manual, the California MUTCD, and as directed by the City Engineer ("ENGINEER") or his designee. When required by ENGINEER or when tree trimming activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the WATCH Manual, then CONTRACTOR shall be required to submit project traffic control plans for review and approval by CITY. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Landscape Inspector. If CONTRACTOR proposes sufficient changes to the traffic control then CONTRACTOR shall submit alternate traffic control plans for review and approval by CITY. If the closing or opening of a street (either partially or fully) within the City of Palm Desert is approved by ENGINEER, CONTRACTOR shall notify the City Landscape Inspector assigned to the project and local authorities at least finrenty-four (24) hours prior to the scheduled closing or opening. SECTION 2—SPECIFICATIONS Page 13 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 At no time is any business or residence to be without access unless otherwise approved by ENGINEER. CONTRACTOR shall notify residents or businesses of restricted access forty-eight (48) hours in advance of construction activities. A minimum of one (1) 12-foot (12') travel lane in each direction shall be maintained at all times. Pedestrian paths of travel in areas where tree trimming is being performed must be maintained free of hazardous conditions. When tree trimming operations may create hazardous conditions to pedestrian paths of travel then appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. New or like-new traffic control devices as approved by the City Landscape Inspector are required. All traffic control signs shall be retro-reflectorized and shall conform to the City of Palm Desert's specifications. Installation shall conform to the WATCH manual and California MUTCD. No reduction of the traveled way width shall be permitted before 8:30 AM or after 3:30 PM unless prior approval in writing is obtained from ENGINEER. Compensation for providing work area traffic control shall be considered included in the contract price and no additional compensation will be made therefore. The cost to do the traffic control shall include for contingencies based on working conditions and site- specific needs as directed by ENGINEER. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property, including landscape, be damaged during permitted or contracted tree operations the persons conducting the work shall immediately notify the property owners or the Director of Public Works or his designee. Repairs to property damaged by the responsible party shall be made within twenty-four (24) hours, excepting utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Palm Desert. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to CITY. Special attention is drawn to sprinkler systems on all city property and the need to repair damage within twenty-four (24) hours. WORK PERFORMED ON PRIVATE PROPERTY No permitted or city-contracted tree worker shall perform work on private property without the written consent of the property owner. SECTION 2 —SPECIFICATIONS Page 14 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 DEBRIS REMOVAL & COMPOSTING OF GREEN WASTE CONTRACTOR shall remove all cuttings and debris from the work area on a daily basis. Stockpiling of debris will not be permitted unless prior approval has been obtained from CITY. All dump and disposal fees shall be inctuded in the bid proposal price. CONTRACTOR shall compost all appropriate green waste removed from city landscape areas at a Riverside County permitted and city-approved facility where green waste is converted to a usable soil amendment. CONTRACTOR shall submit, on a weekly basis to the Director of Public Works or his designee, a listing of the landfill site(s) used and a gross weight slip from the facility, identifying CONTRACTOR by name, city of origin and gross and tare weight. Use of green waste for agricultural purposes must be approved by the Public Works Department or his designee. LIQUIDATED DAMAGES Time is of the essence on this project. Should CONTRACTOR fail to finish the work on or before the time stated in the specifications, CONTRACTOR shall be charged by CITY as liquidated damages five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. The liquidated damages amount is intended to cover expenses incurred by CITY for additional inspection and administrative costs. Any amount so charged shall be deducted by CITY from any monies which otherwise are or become payable to CONTRACTOR. In case all the work called for is not completed in all parts and to all requirements within the time specified, CITY shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of CITY. CONTRACTOR shall not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. CITY will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. MEASUREMENT, INVOICING, AND PAYMENT The final payment of quantities will be based on the actual number of trees pruned at the unit price. The contract unit price shall include all labor, material and equipment costs necessary to complete the work, including traffic control measures, even though the item is not shown or specified. Tree pruning will be considered comptete when all contract work has been completed and accepted by CITY, including site clean-up. SECTION 2—SPECIFICATIONS Page 15 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 Payment will not be made for any tree that has been incorrectly pruned as determined by the Director of Public Works or his designee and contract specifications. CONTRACTOR will be responsible to correct any incorrectly pruned tree prior to payment. In the event that an incorrectly pruned tree is not salvageable, it will be removed and replaced, at CONTRACTOR's expense, with a tree of the same size and species. . CITY will pay CONTRACTOR within thirty (30) calendar days of receipt of a correct invoice. At the end of each month CONTRACTOR shall submit invoice(s) to CITY for contract work completed and for unscheduled/emergency work requested by CITY. CONTRACTOR'S regular contract invoice shall include but not necessarily be limited to: Contract number Invoice number Invoice date Location(s) and dates of service (site-specific identification) Description of work performed Total solids removed from the system (back-up data shall include dump tickets) Invoices shall be submitted to City of Palm Desert Landscape Services Department, 73510 Fred Waring Drive, Palm Desert, CA 92260. Invoices may also be emailed to the City Landscape Specialist (dhollinqer(c��cityofpalmdesert.orq) in Adobe (PDF) format with the appropriate documentation. SECTION 2—SPECIFICATIONS Page 16 ATTACHMENT 1 CITY TREE INVENTORY CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 (2 Pages To This Attachment Follows) ATTACHMENT 2 CITY VICINITY MAPS AND AREA DESCRIPTIONS CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTFtACT NO. C32330 (20 Pages To This Attachment Follow) LANDSCAPE MAINTENANCE AREA#1 —AREA DESCRIPTION 1. Highway 111 medians and parkway: • Medians befinreen Hospitality Row and Painters Path Drive • North frontage road parkways between De Anza and Monterey Avenue • Entranceway rock sign landscape adjacent to the Embassy Suites Hotel • South frontage road parkways from 330 feet east of Shadow Hills Road to Larkspur Lane • South frontage road parkways from Lupine Lane to Ocotillo (Carl's Jr. restaurant) • City of Palm Desert monument signs at both the east and west entry to the city on Hwy 111 2. Palm Desert Community Center, 45-480 Portola Avenue 3. Palm Desert Historical Fire Station, 72-861 EI Paseo 4. Highway 74 medians and parkway: • East frontage road parkways from 400 feet south of EI Paseo to Homestead Road • Median between Hwy 111 and EI Paseo 5. Charger sculpture on Highway 74 between EI Paseo and Highway 111 6. Portola Avenue median between Chicory and Fairway Drive 7. Palm Desert Visitor Center (old), northwest corner of Monterey and Hwy 111 8. Mesa View Fire Station, Mesa View Drive west of Portola Avenue 9. Smoketree Natural Area 10.Haystack Drainage Channel LANDSCAPE MAINTENANCE AREA#2 —AREA DESCRIPTIONS 1. Monterey Avenue medians and pianter 2. Fred Waring Drive medians and parkway 3. Town Center Way medians 4. Cook Street medians 5. Hovley Lane East medians 6. Portola Avenue median and parkway 7. Via Cinta median 8. Phyllis Jackson Lane parkway 9. Eldorado Drive median 10.Washington Street medians 11.74833 Joni Drive (old Corporation Yard) 12.74705 42"d Avenue (Corporation Yard) 13.Magnesia Falls Drive medians and parkway 14.San Pablo Avenue medians 15.Town Center Way Fire Station 16.Portola Fire Station LANDSCAPE MAINTENANCE AREA#4—AREA DESCRIPTIONS 1. Monterey Avenue medians and planter 2_ Country Club Drive median and parkway 3. Cook Street medians 4. Frank Sinatra Drive medians 5. Dinah Shore Drive medians 6. Gerald Ford Drive median and planter 7. Washington Street and I-10 off/on ramps 8. Portola Avenue medians 9. University Park Center medians and roundabouts LANDSCAPE MAINTENANCE AREA#6 —AREA DESCRIPTIONS The bid location for Landscape Maintenance Area No. 6 is the perimeter landscape at Desert Willow Golf Resort, 38995 Desert Willow Drive, Palm Desert, CA. The "perimeter area" is defined as the areas between the perimeter walls and the adjoining street curb. The boundaries of the Desert Willow Golf Resort are defined as: On Country Club Drive, up to the entrance driveway to Ralph's shopping center to the east. On Portola Avenue, including decomposed granite area adjacent to the empty lot. On Gerald Ford Drive, Cook Street and Market Place. Also included are the entranceway road medians from Country Club Drive to the parking lot entrance at the clubhouse, and the adjacent parkway planters between the curb and sidewalk. LANDSCAPE MAINTENANCE AREA#7—AREA DESCRIPTIONS 1. Waring Court — Parkways along the subdivision perimeter fronting Fred Waring Drive and Phyllis Jackson Lane. 2. Vineyards (Portola Wall) — Raised planter area on the west side of Portola Avenue, north and south of Rutledge Way, as shown on the map. 3. Portola Place— Parkways along the subdivision perimeter on Portola Avenue and Santa Rosa Way. Includes the small landscaped strip on the west side of the subdivision on Olive Court. 4. The Grove — Parkways along the subdivision perimeter on Deep Canyon Road and on Royal Canyon Lane along the block walls. 5. Palm Gate — Parkways along the subdivision perimeter on Deep Canyon Road, north of Moss Rose Drive and north of Lavender Way. 6. Primrose II — Parkways along the north side of Hovley Lane East between Carlotta and Hemingway and west of Hemingway. 7. Desert Mirage — Parkways and entrance islands of the Desert Mirage development on the west side of Cook Street, south of Frank Sinatra Drive. 8. Canyon Crest — Lavender Way: approximately 480 lineal feet of parkway along Deep Canyon Road, 600 lineal feet of parkway on Columbine Drive, and 188 lineal feet at the CVWD well site at Lavender Way and Amaryllis Way. 9. College View Estates I — Parkway along Shepherd Lane on College View Circle West and College View Circle East. Parkway along Portola Avenue. 10.College View Estates I I — 300 lineal feet of parkway along Portola Avenue; approximately 560 lineal feet of parkway along Shepherd Lane on Scholar Lane West and Scholar Lane East. 11.Sundance West — Shepherd Lane parkway (west side) north side of Chinook Circle to south side of Kokopelli Circle. 12.Sundance East — Shepherd Lane parkway (east side) north and south sides of Chinook Circle. Parkway along Portola Avenue. 13.Petunia l — Parkways on the west and east sides of Shepherd Lane, on Petunia Place West and Petunia Place East. Parkway along Portola Avenue. 14.Boulders— Parkway on Shepard Lane, west side north and south of Alpine Lane 15.Kaufman & Broad — Street parkways on Frank Sinatra Drive at the Kaufman & Broad development west of Portola Avenue. Includes a retention basin on the interior of the development and the landscaped parkway on Hollister Drive at the CVWD well site to west of Drexel Drive. The street median is not a part of this contract. 16.Palm Desert Country Club — Landscaped areas along the south side of Hovley Lane East between Kansas Street and Idaho Street and small section of parkway west of Kansas Street to edge of development. Included are the medians on Avenue of the States from Washington Street to Michigan Avenue. 17.Presidents Plaza I & II - Parking lots located between Highway 111 and EI Paseo on the north and south boundaries and Portola Avenue and Larkspur Lane on the east and west. � 18.Presidents Plaza III - - Parking lot located between Highway 111 and EI Paseo on the north and south boundaries and Highway 74 and Sage Lane on the west and east. 19.Hovley Lane West between Monterey and Portola avenues which includes the street parkway and the other common landscape improvements fronting the following: • The Glen — Glenwood Lane; approximately 990 lineal feet of parkway along Hovley Lane West and Monterey Avenue. • Monterey Meadows — Clover and Meadow Lanes; approximately 660 lineal feet of parkway along Hovley Lane West. • Sonata I — Sonata Court; approximately 990 lineal feet of parkway along Hovley Lane West and Portola Avenue. • Sonata II — Posada Court and Via Fonda; approximately 1,980 lineal feet of parkway along Hovley Lane West. • Hovley Estates — Centennial Circle; approximately 330 lineal feet of parkway along Hovley Lane West and a 6,500 square foot retention basin at the back of the cul-de-sac. • La Paloma I — Avenida Arcada; approximately 330 lineal feet of parkway along Hovley Lane West and a 6,500 square foot retention basin at the cul-de-sac. • La Paloma II —Avenida Rosario; approximately 330 lineal feet of parkway along Hovley Lane West and a 6,500 square foot retention basin at the cul-de-sac. • La Paloma III —Avenida Solana; approximately 330 lineal feet of parkway along Hovley Lane West, no retention basin. • Hovley Collection —Avenida Calafia and Avenida Estrada: Approximately 660 lineal feet of parkway along Hovley Lane West and a 15,400 square foot retention basin at the back of the streets. � Sandpiper Court — Approximately 170 lineal feet of landscaped parkway on the south side of Hovley Lane and Sandpiper Court and 6,600 square foot retention basin at the south end of the cul-de-sac. • Sandpiper Court West — Approximately 150 lineal feet of landscaped parkway on the south side of Hovley Lane at Sandpiper Court West and a 6,500 square foot retention basin at the south end of the cul-de-sac. • Hovley Court West — Approximately 300 lineal feet of parkway along Hovley Lane West and 550 lineal feet along Monterey Avenue south of Hovley Lane West. • Diamondback — Diamondback Road; approximately 280 lineal feet of parkway along Hovley Lane West. • Palm Court — Palm Court; approximately 280 lineal feet of parkway along Hovley Lane West. LANDSCAPE MAINTENANCE AREA#9—AREA DESCRIPTIONS 1. Entrada del Paseo Complex located at the corner of Highway 111 and E� Paseo/Painters Path (does not include Cuistot or La Spiga restaurants): • Eric Johnson Gardens • Visitor Center • Henderson Community Center 2. CAM area at Entrada del Paseo Complex located at the corner of Highway 111 and EI Paseo/Painters Path. This area includes all landscaped areas remaining in complex not listed above. 3. Baja Park, tocated on the north side of Fred Waring Drive from San Pascual Avenue to Florine Avenue. 4. EI Paseo from Hwy. 111 West to Hwy. 111 East 5. Santa Rosa and San Jacinto Mountains National Monument Visitor Center LANDSCAPE MAINTENANCE AREA#16 —AREA DESCRIPTIONS 1. Joe Mann Park (2.5 acres) is located at 77-810 California Avenue, on the north side of California Avenue befinreen Warner Trail and Washington Street. Improvements consist of restrooms and adjacent hardscape, covered picnic area, tot playground, a water feature and adjacent hardscape, turf open space, dog park, volleyball court, basketball court, rose garden, paved parking lot and parking lot planters. 2. Freedom Park (26 acres) is located at 77-400 Country Club Drive. This area includes turf, irrigation, trees, planter areas, community gardens, playgrounds, dog park, volleyball courts (2), basketball courts (3), tennis courts (2), and sports fields. 3. Hovley (Palm Desert) Soccer Park (21 acres) is located at 74-735 Hovley Lane, on the south side of Hovley Lane East, west of Corporate Way. Improvements consist of covered picnic areas, tot playground, shuffleboard courts, basketball court, horseshoe pits, approximately 13 acres of open turf area, inside perimeter areas, paved parking lots with planter islands, sidewalks, drainage areas, and other hardscape areas. 4. University Park Dog Park (2.4 acres) is located at 74-802 University Park Drive, at the west intersection of University and College Drive. This area includes turf, planter areas, shade structures and a restroom. 5. University Park East (2.5 acres) is located at 74-902 University Park Drive, at the east intersection of University and College Drive. This area includes restrooms, playground(s), basketball court, turf and planter areas. LANDSCAPE MAINTENANCE AREA#17 —AREA DESCRIPTIONS 1. Civic Center, Civic Center Park and Parkview OfFice Complex are located at 73-510 Fred Waring Drive and are bounded by San Pablo Avenue, Fred Waring Drive, Magnesia Falls Drive, and the San Pascual Channel. This area includes turf, irrigation, planter areas, date grove, rose garden, Holocaust Memorial, dog park, skate park, amphitheater, tennis courts, volleyball courts, playgrounds, pavilion/shelter areas, sports fields, parkways, parking lots and perimeter planter areas. 2. Magnesia Falls City Park is located on Magnesia Falls Drive between Portola Avenue and Rutledg� Way, and includes the area known as Oleson Field. Improvements consist of restrooms, picnic area, tot playground, turf open space and paved parking lot. Oleson Field runs along the north and east fence lines and six feet outside the perimeter radius of the outfield lights. Infield maintenance for baseball games is not included in the scope of this contract. Contractor is responsible for weeds and debris five feet inside perimeter radius. Turf along Rutledge Way will be maintained up to the street curb. 3. San Pascual Channel Planter is located on the east side of the San Pascual Drainage Channel, between the channel fence and San Pascual Avenue between Fred Waring Drive and Krug Avenue. LANDSCAPE MAINTENANCE AREA#18—AREA DESCRIPTIONS 1. Ironwood Park (14.5 acres) is located at 47-800 Chia Drive, on the east side of Chia Drive between Haystack Road and Loma Vista Lane and is an improved natural park. Improvements consist of restrooms, covered picnic areas, tot playground, open turt area, paved parking lot, enhanced natural landscape with trails, planter areas with irrigation, sidewalks, and other hardscape areas. 2. Washington Charter School Park (2.5 acres) is located at 45-768 Portola Avenue, and on the corner of Chicory Street and Lantana Avenue in the east quadrant of the Washington Charter School property. Improvements to be maintained in this contract include all turf area inside the perimeter fence, tot playground and adjacent rubber and hardscape surfaces, basketball court and perimeter planters and sidewalks along Chicory Street and Lantana Avenue. 3. Cahuilla Park (27.5 acres) is located at 45-825 Edgehill Drive, on the west side of the storm channel at Edgehill Drive and Green Way, and is a natural park with minor improvements. Improvements inctude a few picnic tables and irrigation system for selective trees and plants. Two tennis courts are available for public use. 4. Palm Desert Community Gardens (1 acre) are located on the west side of San Pablo Avenue between Santa Rosa Way and Royal Palm Drive. lmprovements consist of restroom, planter areas outside perimeter fence, maintaining all surfaces inside perimeter fence, paved parking lot and covered picnic areas. 5. Homme/Adams Park (27 acres) is located at 72-500 Thrush Road, along the Palm Valley storm channel west of Highway 74 at the terminus of Thrush Road, starting 100 feet south of Southcliffe Road to the north park boundary, which includes upper palapa area. It runs along the west side of the split rail fence. This is a 24+/- acre natural area. Improvements include two palapa structures, trashcans, parking areas and various trails. Maintenance will be limited to litter removal, changing of trashcan liners, maintaining small irrigation system that irrigate palm trees, and removing weeds and volunteer plant material not native to the area. 6. Palma Village Park (2 acres) is located on the corner of De Anza Way and San Carlos Avenue Improvements include a tot lot, sand volleyball, turf and planter areas with irrigation, a restroom, basketball court, picnic tables, benches and trash cans. ATTACHMENT 3 HOUSING TREE INVENTORY CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 (1 Page To This Attachment Follows) ATTACHMENT 4 HOUSING VICINITY MAP AND LIST OF PROPERTIES CITY OF PALM DESERT 2013 CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-13 CONTRACT NO. C32330 (2 Pages To This Attachment Foilow) C EXH I B IT D Sta n d a rd B i I I i n g Rates City of Palm Desert Staff and Equipment Rates are shown per hour and are billed pro-rated for any portion of an hour. Rates are established by City Council. "�r�a�,Pasit4+an :Rec�u��r C?�ertime F�af� R�t+e Traffic Signal Technician $ 134/hr $ 161/hr Traffic Signal Specialist $ 138/hr $ 162/ hr Landscape Inspector $ 106/hr $ 130/hr ��11��11'�+��'tx R�l�U1�C : ���� Service Truck $7/hr Bucket Truck $ 27/ hr Service Truck with Message Board $ 19/ hr u1S an j e�oUod (7 � Y i C9'�(9 C9 (9 — '.LL .. �� C9 u1S an�ReM ialuap umol C7 � Y .C9 I.C9� C9 C9 — I� j I. C9 sueipayy olQed�eS (7 � Y �C9 I C9�. C9 C9 — ��� U' 6eM�yed pue sueipay�s��e�eisau6ey.� U' � Y I U' �,U' �, U' U' — U' pieA diop C9 � Y '.C9 I,C9� C9 C9 — C9 a6elum j anup iuo� (9 � Y ��C9 C7 �,(9 C9 — �' C9 sueipa{n��aaqS uo26uiyseM (7 � Y ;C9 C9. C9 C9 — �I (7 N Q ueipaw opeio0 13 (7 � Y C7 �I C7 C7 C9 — !i (7 � 6ern�ied uosHoep siIIR4d U' 7 Y (7 (7 'I(7 U' — - U' ueipaW elup ei/� (7 � Y U' U' I U' U' — i�U� � RemWed pue ueipaW e�oUod (9 � Y C9 (7 .(9 C9 — �.r�"+4 � C9 sueipaW lse3 auel RalnoH C� � Y C9 C9 ��C9 (9 — �!�'� U' sueiPaW laailS AooO C9 � Y c7 C7�,C9 C9 — :� ��. C9 sueipaW,teM�alua�umol C9 � Y i C7 I C9'� C� C� — '':y�.�r ��'. (7 � Rem�ied pue sueipaW 6uuep�pa�j (9 � Y (7 ��i C9��. C9 (9 — C9 O N �alueld Pue sueipaW RwaluoW C9 � Y I C9 �C9�. C9 C7 — I ,r.. � (9 � i � O I I N W I I Q a , W � i Q N I W 0 I Z � . I .. 'I ... Q � I �'' �I II Z E ��i ' I II ��. W - I � � �i Z � � l QC U > . '', �., C � N � I �I �'., W ~ � ��. � �I il '� ��.. �O. a Q > a S' , y (� F- � a`+.,. � �. I� �'�, c N U �; > I C Q o, ��,., . II � . , `° Z W �a .o � �c '�. c g � o �j i � �, � , a -� �,� ����= ; � ,� W � i : � � o � ' � J W � �' m �' E c�' i m � � - rnll m��il E a� � y �i '�. c � a a� 3 m N o 2 Z �� N �'c_i a � m `m �II ���',, I n a c.> � m � �� o� c � c � �� �'�,. I y M a m c 2 ��I � a � � . c, , c Y > � c�i y I�° �-li > �- o, E'. '', �o V E � � c c a��i�'. E °� s N '�. m rn j � � � a` a �'� rn � � t C'! x W � — W � � z � LL r � J 2 Z C7 N H � O F Q o y a G � z a a `n ¢ o � � O o f V a w H Z iZ r i w o0a ta,7 U ac�i a ga � = c � � DINAH SHORE OR w LANDSCAPE AREA 2 < w z� �e�� `� o !'� � GERALOFORUOR Rp ��i • SyW'+nmW'�� a LEGEND 0 N /��'F .I.I:LMA i R a o `�qT vaim oesen ae«is a �U . FH� �Gtv Aouneary Y 'o e�FRANK SINATRA�R FRANK SINATRA OR I iNpi=n,S40 re�� T0 bqR,S� R��Y O i P a >I w rc r � z�' �`wCOUNTRYCLUBDR: �- COUNTRYCLUBDR > E�.. a :r �o 0 HOVIEYLNW g ,...Y I,,,,p m O O � � � .":O �..rc U a HOVLEYLNE }� Q �w p ti !m HOVLEV LN E <z .. , .., , _...., . . .... .-p F � � I N �. MAGNESIA FALLS DR y rc �.,3 ,.. ,,. , ..._ r y. ¢ PARK VIEW DR � � � � w w � o i > w U pQ y W p a O CALIFORN\ 3 ... � -' S � J w, a o ... .:. < — . ,_ — � e i n '� U FRE�WARING DR � � FRED WARING�R i a q?F N O W � . .: .: HWV111 El PASEO 3 MOIINTAIN DR O � w FAIRWAYOR' ' iT > " GRnPEVINEST a a o� zQ HAYSTACK RD 6) w � MESA NEW OR ppR10�PP ^o- a 3 i ATTACHMENT 1 —2012 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGR.4M PROJECT NO. 931-13 CONTRACT NO. C32530 Description 16'30' Over 30' TOTALS Landscaae Maintenance Area 1 Community Center Washin tonia filifera 2 2 Washin tonia robusta 5 5 Highway 111 Washingtonia filifera 44 44 Washin tonia robusta 88 88 Highway 74 Washin tonia filifera 45 45 Washingtonia robusta 33 33 Portola Median South Washin tonia robusta 5 5 Visitor Center(former) NW corner H 111 and Montere /H 74 Washin tonia filifera 6 6 Washingtonia robusta 3 1 4 LMA 1 Totals 105 127 232 Page 1 of7Jor this attathmen[ ATTACHMENT 1 —2012 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 Descri tion 16'30' Over 30' TOTALS Landscaae Maintenance Area 2 Cook Street Washingtonia robusta 12 12 Corporation Yard Washingtonia filifera 30 30 Washin tonia robusta 1 1 EI Dorado Phoenix dactylifera 64 64 Fire Station Portola at Country Club Washingtonia filifera 8 12 20 Fire Station Town Center Way Washingtonia filifera 12 12 Washin tonia robusta 6 6 Fred Waring Drive Washingtonia filifera 27 27 Washin tonia robusta 24 2 26 Hovley Lane East Washingtonia filifera 28 28 Washin tonia robusta 70 6 76 Joni Yard (old Corporation Yard) Washin tonia robusta 4 4 Magnesia Falls Drive Washin tonia filifera 16 76 Washingtonia robusta 42 42 Monterey Avenue (South of Country Club) Washingtonia filifera 43 43 Portola Avenue Parkway and Median Washingtonia filifera 15 15 San Pablo Washin tonia robusta 11 11 Town Center Way Washingtonia filifera 9 9 Via Cinta Washin tonia robusta 9 9 Washington St. Medians Washin tonia robusta 76 76 LMA 2 Totals 316 211 527 Page 2 of 7 for this attochment ATTACHMENT 1 —2072 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 937-13 CONTRACT NO. C32530 Descri tion 16'30' Over 30' TOTALS Landscape Maintenance Area 4 Cook Street (North of Country Club) Washin tonia filifera 27 27 Washin tonia robusta 43 43 Country Club Medians Washin tonia filifera 7 7 Washin tonia robusta 85 74 159 Country Club Parkway Washin tonia robusta 9 9 Dinah Shore Drive Washin tonia filifera 10 10 Frank Sinatra Drive Washin tonia filifera 22 22 Washin tonia robusta 9 9 Gerald Ford Drive Brahea armata 3 3 Washingtonia robusta 35 35 Montere Avenue (North of Country Club) Washin tonia filifera 22 22 Washin tonia robusta 21 21 Portola Avenue (North of Country Club) Washin tonia robusta 10 10 Universi Park Medians Washin tonia robusta 3S 38 LMA 4 Totals 341 74 415 Landscane Maintenance Area 6 DeseR Willow Washin tonia filifera seed ods onl 140 140 LMA 6 Totals 140 0 140 Page 3 of 7 for this ottorhment ATTACHMENT 1 —2012 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 Descri tion 16'30' Over 30' TOTALS Landscape Maintenance Area 7 Avenue of the States Phoenix dactylifera 14 14 Washingtonia robusta 6 6 Canyon Crest Washingtonia filifera 3 3 College View Estates I Washingtonia robusta 12 12 Desert Mira e Washingtonia robusta 18 18 Diamond Back Washingtonia robusta 6 6 Hovley Court West Washingtonia robusta 12 12 Hovley Estates Washingtonia robusta 16 16 Montere Meadows Washingtonia robusta 14 74 Palm Court Washingtonia robusta 4 4 Palm Gate Washingtonia filifera (seed pods only) 14 14 Washingtonia robusta (seed pods only) 16 16 PresidenYs Piaza 1 (East) Washingtonia filifera 6 6 Washingtonia robusta 28 28 President's Plaza II (West) Washin tonia filifera 11 11 Washingtonia robusta 29 29 PresidenYs Plaza III Washingtonia filifera 2 2 Washingtonia robusta 18 18 Sandpiper Court West Washingtonia robusta 5 5 Sonata Washingtonia robusta 6 5 11 Sonata II Washingtonia robusta 35 35 Fage 4 of 7 for this otmchment ATTACHMENT 1 —2012 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 Description 16'30' Over 30' TOTALS Sundance East Washingtonia robusta 5 5 Sundance West Washin tonia robusta 12 12 The Glen Washingtonia robusta 6 6 The Grove Phoenix dactylifera 90 90 LMA 7 Totals 66 327 393 Page 5 of 7 for this attacAment ATTACHMENT 1 —2012 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 Descri tion 16'30' Over 30' TOTALS Landscaae Maintenance Area 9 Baja Park Brahea armata 26 26 Washin tonia filifera seed ods onl 13 13 Washin tonia filifera fronds and seed ods 12 12 EI Paseo Washingtonia filifera 21 21 Washingtonia robusta 345 345 Entrada del Paseo Complex/CAM Area/Henderson Bld /Eric Johnson Garden Washingtonia filifera (seed pods only) 147 147 Phoenix dactylifera 2 2 LMA 9 Tota/s 221 345 566 Landscaae Maintenance Area 16 Freedom Park Washingtonia robusta 25 25 Joe Mann Park Washingtonia robusta 8 2 10 Soccer Park Washin tonia filifera 40 40 Washin tonia robusta 48 48 University Dog Park Washingtonia filifera 8 8 University Neighborhood Park Washin tonia robusta 3 3 LMA 16 Tota/s 132 2 134 Page 6 of 7 for this attachment ATTACHMENT 1 —2012 CITY PALM TREE INVENTORY CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 93t-13 CONTRACT NO. C32530 Description 16'30' Over 30' TOTALS Landscaue Maintenance Area 17 Civic Center Park Phoenix dactylifera 28 464 492 Washingtonia filifera 37 130 167 Washin tonia robusta 18 66 84 Ma nesia Falls Community Park Washingtonia filifera 1 1 Washin tonia robusta 3 3 San Pascual Channel Planter Washingtonia filifera 3 3 Washin tonia robusta 11 9 20 LMA 17 Totals 101 669 770 Landscape Maintenance Area 18 Cahuilla Park Washingtonia filifera 11 11 Communi Gardens Phoenix dactylifera 0 Washin tonia robusta 29 29 Ironwood Park Washingtonia filifera 12 12 Washin tonia robusta 4 4 Washington Charter School Washingtonia filifera 1 1 Washin tonia robusta 6 6 LMA 18 Totals 63 0 63 Snecialtv Areas Desert Star Washin tonia flifera 2 2 Washin tonia robusta 4 4 San Pascual Lot Washin tonia filifera 4 4 Washin tonia robusta 1 1 S ecialt Areas Tota/s 6 5 11 City Totals 1491 1760 3251 Page 7 of 7 for this ottachment Q LANDSCAPE AREA 1 � E ��4�� � � � � '��.,..a m � MAGIYESIA FALLS OR � LFGFND _LMA1 � Pelm Deutl Percels e OCityBourMary � �.r PAftK VIEW Dft �.t rJ �� � C IICCH-2(MIDFFR e ., ���� e a ? � � Q V � � FRED WRRIIVG DR � � Q FRED WARItVG OR � � 3 \ z ¢ y y � � � �. � x w `�'���"-" `� 3 3 � DEAfl'ZAWAY ��'� ���!'�� ��� O SRIY GORGOIY/O WAY E rn n�essanoeo oe c c ",.:. . ... : . . . . . . -.� l�� _ - i C �° v�,� EL PASEO S 3 ASEO EL PASEO J � Z' P c o R yp. �� O � P1T/1/IAy9 � ���� ._ � sT o°r� W � � fAIRWAYUR � _ P I q y F I / �v ` t1+ GRAPEVI/YE ST I I-� I rn O � 6URSERA WAY � n� I � -- - r3ailr ...::�:_._ : �m� B o � - �- � ^z_�:. I a _ �. ri �� �t^ .- �... / fIAYSTACfl FD -� _ I � �` - f„4/_ / � ,� ` P i ^?. MESq VIEW DR POliTO�P ,;Il ; � �r ��g . . . .. � . � . , . F,... .K � a �, LANDSCAPE AREA 2 < � � .� �` GENALD FORD DR 9$ � � � 'TeeoaO� � LEGEND S ; a�,� a x "'FAyr �u.ux PWn Deae�PmcW i u ,�N�'O e OGhBounasy �FRANK SINATRA OR FRANK SINATitA DR \ 1�NCx•9.500 fFFT r,� 9q� k,P o�, � p a �I oI ,'yy COUHIFtY CLUBOR� i COIINTRV CLUB DR / f� < �f � � i MOVLEY LN W S d' O m . O Y 9 � �V p�, U I O � g HOVLEYINE ,` iW p It- . �� I XpVLEY lN E z I _,� ? . . _.. . _ . . . .. _... ._ G � z IMAGNE&AFALLBDR �� rc ; F__.. .___�__._� _._ _—.,. � C iW � � > PARNV�OR `� O ` ; � �AUFORN��'p 3 __.___ �_"�"�"�r5��� '--_____-- .__.—____. . .r._.�..�.—. y f� � p a FRED WARINO qi FRED WARIN6 DR 4 d � � ( �. i , f����� El PASEO �MOUNTAN!DR 8 � FAIRWRVDR' '� cnnvenr�sr g rc� WIYSTACN RD p I � ME311 VIEW D/f Pp0.70<�'' Aa � LANDSCAPE AREA 4 IN/19MOREDF, L- ���� '4�� � ��'�ow+�� LEGENU e -LMh9 Y Palm Dewtl Parcels L O 011y Bountl9ry F atq' � � � A I WCH-45W FFF! o40Ux ' '....�i� G`� � P. � 9� � O e A qA '�f i1tt51M19'IFAOF FMXNS/M'IFIOX q� ! ��M1 � FlGXRSIM]RAOR OP p o��' k Y4 � ~ O � $ ^RNtR e °" E � r1fPYCLLBOR COOry}I(YQ09OP � _ . ,:5, ..,�P _ _,.. . .R_.' O MAqRL9 g o o �n no��nr�n w � o .°� o � y ~ „ a � N� „����mE � ` ; O � j �t �' OVLEYLrYf LEYLM16 IIOVLEYIAYE �i g �tl] � MEFLEOA ''G OfTIIE t JAT � W4M1ESIAI)11LSOP '� E k C LGOG[IVA1 � A/AFOTnNAYE � R[O W�Firv�.Ml D P � f . r:IM FACD W.IFIIYG DR y 3F = 3 N. o + Eo w�A�n� � e�noaxcomornr� °cnmznwnr o � �o �+� � � ,LLEAAtlORODF q�,��� 4^Tqyt s fl.PA1E0 $ .b � < C� p N>n/G✓n xt 9�P� O ��I nN t} fAIXWAYDH �' �� S 0 sn�o 0 � gl o,� 't° �3 �ursrncrc xu 0 XGMV/EWON q�NT��IAAVC � LANDSCAPE AREA 6 � i � Q .A.�a^' g � LEGEND O �uMa d P�YnMuhY N� �W m�.asr eIINCH•BOOfElT I � �., N � °u 1� �� �� LANDSCAPE AREA 7 Rsr 'y�y�, , _.,. -vY'o 8HORE DR � u+u,�a� � < � LEGEND H Z �vu'� � vWm peen v.re GERALD FORD DR e Q ob Bo�nary � � , \ ��ucn-a.000esn > < I g �n �'�7�R � � x 3r9 I4 � �y� �o � FRANK SINATRA DR FRANK SINA7RA DR \ � ��s� Ro�Y 0 > p tr 8 �I iy COUNTRY CLUB DR COUNTRV CLUB DR T < �- o 0 Hov�ruaw g Y S m � _ . ., . , !�° � 4� u � q � HOVLEV LN E � O f M —-- XOVLEY LN E _—.._--------- � f � Z x N MIIGNESIAFALLSDR y � 3 f" xp �y C 1 OR � � : w �¢ O W V P s ap �< � U CAUFORN�p' ` J > 3 � � o < '-- — __._ . _.. = a � t � �6 FRED WARINfi DR FRED WARING DR s � d � ,.,.m ,��s riwv,,, EL PASEO �M«1NTAIN DR � � FAIRWAYDR y GRAPEVINE ST g �I HAYSTAd(RD I LANDSCAPE AREA 9 ..o.o'i� � LEGEND S �uuo � rYmw»nnu�.a g ���., � e i�.rc�-xaoo.ccr � ' �$ � I I�IAOIYE5IAFALL90R p � r, PAFIf V/6W Dfl � � e e 9C ��q � PFBD WMIIYG DR ` `4,���„`ED.WARfISO DR � � � �i g � � � � � � D6MZAWAY 8VY GOROOIIM WAY AL699MOR0 OF `\R� a \�A8E0 EL P.1960 � BL IA6E0 �� S � � �`___"_. __.s._...___.__. y.��b--_�- tp } v!1'.VGF,� �OR �� G � 7 sr � "y , � nuxw,u�na 6 5 � � y i $ ce,vev�rve ar j - ewcsenw wwr I � �1^� k $ g wrsrwcx an � LANDSCAPE AREA 16 V�ivers�ty [bg Pa�k %-99295$q FI � Unrveroity Pa�ic Eesl +/-91.]17 Sy Ft LEGfND �\ -UNie MnUwlPvol� Q Gp bu�M e� ry._ e � x 35Nr�n 6� � �� s e�M�� � FreetlomPark/CanmuniryGerEere mnnr.�..+..on a/-Sg8.552 Sq F[ �]�$ \Tr S r� �E �n r¢waf V tmnn.u�mn� co�am.ewus • �n�nnrc� o� Hovley Soccx PaM a /-659.133 Sq Ft. ) k � g Jce Men Pen�ilc � � � t4.30.5555qF11 YIM g � � ��° imn.n�rs nw�sr wnnnn � �new � °� E � CLLIlO11�MAyYC � A[OG�AODII g � . E � LANDSCAPE AREA 17 c.rne,ao.a� .. .. .. � 3� c�����M C t� �a 5 � LEGEND ClvicCanler � ,.�c.m��w..na.�. �.�¢ +/- 1.987.248 SQ Fl r� I— Z �W��o k , uG1YBauiOW O II � I�N�IEPY sY4� e IINCX.6COfFR � � i �1 k BRIYIY 9 S G i uasx[1u Patts ort MA6NESIA fALLS OR ,». .,;x �s.,.: t x' �.� vpv�rzer ��' .... x �.� " i w � � � ..N.re.. � � � Q � � .. . g ... � � � ..,�.,... W �x� r�m�x M .t'}��� ; �. C. . I �'; . s #":��'� t,r{� ��� �' ;��.„ S > i Magnesia Falls C��Park ' o .. . x ` �� r�y +/-312 486 Sq t m ..%:..� X �`e pL �" � 2iL . .... .. °o � : � .�..�e.«.. .��..�.... �d m�'�, ,A k N , fi �j ' '��"� .... i russnrar � • weewrcr�xs�vu � � � � 3 .;.�+''�' �����'w � urvo�r[ � Rwua�vr � p� I�o1��' ,.y..` � Y p IP $f �6 , Y� � S w r `�'v'��,. V �x"Kxa�'a uRMF! i�� � a'p* �t� ed i �' � � rc yd. �'+ t 4 & o ; i y ...��.� ..�.�� § � ir' � � � �, ` � m. .� wMao.ew. .. ') i � i .,,. .. . ., . FRED WAR/NO DF �� �� FRED WARING DR FRlO WAR/NO ! Q ew.e..... O : ewr.muw�v aurt�imua� 4 8 � a 9. .,,,...e..�. � :$3 e3 �3 e.N«. �� � w �3 '3 �Y € 3 e.....w.w.. f.,........ : 4 � S a` i � �, ��b y � i � ucann..r ncwrp � �� o s LANDSCAPE AREA 18 � ,MqpryggU FALL9OR E I Sa P o Cummun ry Gal�rtle ins � H-50.400 Sq Ft I teceNo � / � �uuu � I � a �.m�,��. 9p % e ��"��" y I � � � FRBD WAR/'SO DR A � �.,��ER � �Q y F ` t �� � Palrre Vrliage Pailc � � � � � � /-59,000 Sq Ft I C2hu1113 Hllls P2tic F � DE M'ZA W,1Y � H- 1188.833 Sp FtJI E gqry GORdO1V10 WAY � I�1 � AL£89.71YDF0 OR I I � �C �q 1 II 6C '��I6G0 EL PASEO �S P�, eL vaseo 1 � � ° .(� �' A DR PITNGy,OST r,�P 0 @'� F.V ! �� Washinglon Charter School Park q �i H-70.OBQSQ R YB �_ __-_-___. _. . .. � GRAPEVI/YB 9T � BURSERA WAY �' n° I 3 r'� �� �p 'iH-4W,24]$qFIJ 1� 1 ( � � HAY5fi1CR RD I ; r_ IL—_' 1 � ! Homma/Mans Park I � H-1J59,6905aRJ ` a � , � _� . r� ! . .( . y ;'�"`, t�� ' ,. f ' ._ 9 i �`: � ` _ � .�;� �v .�; :k � r �� � ........^"� Q-`� � ,. , .� _. ��r s ° _ �i� r ��:,_� ..iar°��� `��'��.. -_.,� ;�l�f���� f +�.. . �.. �� / . � � �t,� � .��",�` . 9 �F � '� .' �' • . _ ��".E��_w� ? � "2j ' Sr.:� `'�� `�. ��`� {- w ' � � � � '�� . + �:� `�>� /�F � .ds r � . a - Y�:. - 1►" ,� �L� ` . a� * Y 1. + ' - `�: 5��� `' , � L � � �' i�b_� "'�y�ai=; � '.r�i"} �!R' �- .. � ' � �: Y . \ �t,. �t�� t . . i.�• � I � 1 j. �. ,..: i 1� � r ;.. h��10 -.. ,�,. -.�, � �� � � . . �. � . ` � �,�S�P � � * �� 3 .� . �� ��M �.1���� �'. � •tir. vfyE'. �. ..F� ��. O� � • P y �M.. � � � . I.. r � _ ' . , ���f� .i � \ .� � 1 l _ �� ` � - ` r . �., ��p��e�� LOCA�I (� R Mnl' �� � � DESERT STAR BLVD � ��ec, � s'� Dn i t: e r �O�RM"�'O 12/2009 linch = 67feet VICINITYMAP .: ' SANTA: ROSA WAY .,. w_: . � �Il�ll,. � . � �-y ,,_'� �..�K�,. . ��6Y. '4�.� , + �7 1 (�' ~� � I � � _ �_�; � �► �� t ����'' � � � y ._ _�.� -- _ __--p- _--�-____ . � . . ., _. .. . -�. ., � y , i4a`� • f.f�+ ��}I Yib'd. 'A. } F� N��/ r'� t �� �'°�Y� > ,y;i.� . / ,� ���'/fy w„ r , �ti �'f�'ia��.rd�b �"� .�'+' s � , _ ��.. � a s '" ° � � �F ", " . ' �y Y-,�/.^...t � ' � .. a,�� � a .��r,,�� � � ,� ; , ,,; �n� �>.� � �3� Z -- =�-��„�.,._ �, ",�113.'�-.rr��ail�r. . ��;-,. . _ n ��,.�, �- ti _ �� : n �� - ' �n . ., � ,�� �� . A. � -:�• n _. f� n�, a �`a � ��• � �� '�_ � � � ,�� � a...__ w �w � � rj ' L. aFY^'"'nFs, LOCATOR MAP �� SAN PASCUAL LOT � � Dnrr: • e �0��'`� 12/2009 1 inch = 50 feet vlCiNiry nnnr ATTACHMENT 2-2072 HOUSING PALM TREE INVENTORV CI7Y OF PALM DESEkT CITVWIDE PALM TREE PRUNING PROGRAM PROJECT NO.931-13 CONTRACT NO.C32530 Description 78'30' Over30' TOTALS Housina Pronerties California Villas Washin tonia robusta 6 4 10 Cantllewootl A artments Washingtoniafilifera 2 2 4 Washingtonia robusta 5 5 CatAlina Gartlena Syagrus romanmffanum 3 3 Washingtonia robusta 9 3 12 Desert Polnte Syagrus romanzoffianum 9 9 Washing[onia flifera 8 1 9 Washingtonia robusta 3 3 La una Palms Washingtonia flifera 21 21 Washingtonia robusta 3 3 Las Serenas Washingtonia flifera 2 2 Washingtonia robusta 15 55 70 Nei Mbors Garden Apts S a rus romanzoffianum 4 4 Washingtonia flifera 8 8 One Quail Place Syagms romanzoffanum 1 1 Washingtoniafilifera 1 1 2 Washingtonia robusta 5 132 137 Palm Villa e ApaRmenfs Washingtoniaflifera 7 4 11 Washin tonia robusta 4 4 Sa ecrest Syagrus romanzoffianum 5 5 Washingtonia filifera 13 13 Washingtonia robusta 2 2 Taos Palms Syagms romanzoffianum 7 7 Washingtonia flifere 2 1 3 The Pueblos 8 Pue6los East Washingtonia robusta 4 7 11 Housing Totals 137 222 359 Fage I aJl for tM1is atta�hment ��eAST9. �, City of Palm Desert Hh'L uu. 0 UIN�1H SHONE D0. � a � � K �� w Affordable f � Housing Properties GENALD FOFO OR 2013 > a � � �Nr rc O easT9: O O T(+h ��O FRANHSINATRAOR FRANKS�NATRADR �, 9 y9Rigk ��k. LAS SERENAS APTS o,p a � > ¢ p COUNTRTCLUB�R COUNTFTCLUBOR i a 0 xov�er w w � LA ROCCA VILLAS APTS °o � 0 ¢ u 6 u o g DESERTPOINTEAPT$ MovL E ° 0 HOVLEY LN E ONE�UAIL THE PUEBLOS APTS o PLAGEAPTS CALIFORNIAVILLAS � GNESIA UR SpGECREST � O w PARK W OR � w = O Pp w o a � LqGUNAPALM$APT$ caLiFORN� ; ¢ � u PALM VILLAGE APTS � � FRED WARING OR FREG WRRING DR G HWY H NEIGHBORSAPTS EL°^ o NTAIN DR � o GATALINA GARDENS APTS Q w irtwnr on y a EVINEST Q O TAOS PALMS a xaysracKRo CANDLEWOODAPTS w MESA VIEW OR pORiO�PP !p'.^.,3'. 3 PALM DESERT HOUSING AUTHORITY PROPERTIES MIXED MULTI-FAMILY APARTMENTS N Project #UniLs Property Manager Tel / Fax � CALIFORNIAVILLAS �q� AineLopez Te1: �45-0452 ]]407 California Drive Fax:345-1063 Z DESERT POINTE 66 Gnsel Lapez Tel: 360�6965 43-805 Mon�erey Avenue Fax'.340-0]35 � LP.GUNA PALMS 48 Adelle LeDesma Tel: 83E1466 ]3-e'!5 Sanla Rosa Way Fax:836-055] 4 NEIGHBORSorn«�o�,���.io..��aa�..�� 2d 6riselLapez Te1: 340-6946 73-535 Santa Rosa Way Fax�. 340-0]35 5 ONE QUAIL PLACE �gd Diana A�royo Tel: 568-9835 , 72-600 Fretl Waring Drive Fax'.341-6810 6 PALMVILWGEo,xa.�.::.�;,s„�..,���,�.,i�„ S6 AdelleLeDesma Ta1:e�6-1C56 73-650 Santa Rosa Way Fax�.836-155� � TAOSPALMSom�,�,�„�=roo,e�«���;e �6 GriselLopez Tel:3<0-6945 44-830 Las Palmas Avenue Fax�.340-0735 SENIOR APARTMENTS 8 CANDLEWOODom....m�.�m,�a�au�,wm.�" 30 CamlynCatalusci Te1:668�16C0 74000-]40�2 Shatlow Mountain Dnve Fax:366A560 CpTALINA GARDENS Tel: 668-3660 9' ]3-640ACatalinaWay �2 CamlynCalalusci Fax:346-9560 �� LAROCCAVILLASom«io�a�aa.�uss=�en�. Z� Te1:773-9040 42-135 Golden Eagle Lane Kim Moon Fax'.346-9650 " LAS SERENA$ 160 Tel:]]3�9040 �3315 Couniry Club Dnve Kim Moon Fax�.346-9650 �Z THEPUEBLOSommaio�,�.eaca,n�,c�rc���. �9 CamlynCa�aWsci Te1:668-9640 73695 Santa Rosa Way Fax:346-9560 13 SAGECREST9ENIORore�om��i�a,«a�a�,,,>c,�ae,,, qp CamlynCataNsci Te1:668-7W0 73-811 Santa Rosa Way Fax:346-9560 ATTACXMENT 1—3013 CITY TREE IN VENTORY CITY OF PALM OESERT CITYWIDE TREE PRUNING PROGRAM PROJECT N0.932-13 CONTRACT NO.C32�]0 AREA Count AREA Counl an sca e ainMnance Area 1 Lantlsca a Maintenance Aiea) H 1N T�oBoulEars Acauasmallii 16 PaMinsonla �aecox 3 N 1N�monumentsipnweaQ CanyonCrsst PaBinsonia 1 Pa�kinsonia Flontla 3 Mese Vlaw Fin Strtlon Parkinsonia M1ybtltl 10 Awcia smallii N Colla e Visw Esbha l Ebanopsisebano b Causannacunninghamiana 0 Colls e Vlaw Estales II Delomxregia 1 Pmsopischilensis 1 Jeca antla mim-osifolia � DesertMlra a PaBinsonianybnd 1 Acaclasleno � Ila 6 Pmsopis chiiensis Z Pa�kinsonia M1ybntl U Pinus cananensis 1 Dlemontlbeck PlwsM1alapensis g AcaGastenophylla 1 LMA i Totals 46 ov ay o aetlon Lantlsca eMaintenanceAread Fr�inusspp b Cook SiroM Prosopis c�ilensls 3 Acaciaaneura 1] SCM1inusmolle 3 Paticinwnia hybntl 3 Kauhnan anE Brwtl Pmsopischilensis 2 Chilopsislinea�is 8 <3ntlpvenue Ebanopsisebano 3 Acaciasaligna e Parkinsonia0ontla 8 PislacM1ec�inensis 0 ElUoraGo�riva La Paloma I Pa�klnwniaflotl0a 2 Pmsopisglantlulosa 1 Chilopslslineans � Parkinsonia Oraecox ) La Paloma II Cerelonia siliqua q ovsy ana ant Parkinsoniapraecox � Acaaa aneura 33 La Paloma 111 Acacia smallli 8 Acacia aneu2 6 AcaciastenopM1ylla ] Acaciasmallii 6 EEono sis ebano 28 Palm Court Tipuanalipu 2] Ebanopsisebano 0 JOM riw Olea europea"Swan Hlli" 6 POMIe Plex AWciaaneua 0 Ma nesla Falls��ive Acacia willaNiene 6 CNlopss lineans 10 C�ilelpa tashkanlensls 6 Presitl�Ms Pbra I Olneya tesota 6 �albergia sissoo 8 Parkinsonia�oritla 4 F�avinuss p 0 uercusvirginiena 4 Fraelnusuhtlei 4 MorMn Avanua Pnsitlrtrts Pbxa II Padinsonia h bnd 13 Ulmus parviflo�a'02ke' N Prosopls<hllensis t Portola Nv�nue P�esitleMs Plua III Acacia stenopM1ylla 4 Dalberqia sissoo 16 Celtlss 1 Pmso ischllensls 26 laqersnoamia intlica 1 Tipuana tipu 20 Parkinsoma paemx 1 R�uslancea 1 an pper ouR VIaCiMa Acaciaaneure 4 Ole2eur0 a ] Pa�kinsonia r ewx 1 puercusvirginiena 2 Waehin n 3lnN Santl i rCourt Wast Acaaaaneura 30 Acaciasmallii 3 Rhus lancea 2 ota s oh s 'nfenance rea Lantlxaue Main[enance Aree 8 ATTACHMENT 1—201�CITY TREE INVENTORY CITY OF PA�M DESERTCITYWIDE TREE PRUNING PROGRAM PROJECT N0.9�3-13 CONTRACT N0.C323]0 AREA Count qREA Counl Cdl •Drlve ElPaseo Ebanopsisebano 19 R�usla�ea 11 Tipuana�ipu b o roe ncaciaaneara� 6 EnhatlatlNPaseo Acaciaamallii' 6 Olneateso�a B Parkinsonia a�vleata ] Patkinsonia M1ybfitl 6B Pa�kinsoiva ml�plNm. 0 Prosopis chilensls 14 P2Bisoni2preswxl H puemusvirginiena 30 Pmsoci=cM1lenss�� 3 PrqsopisylandWoea� 6 9 otas ountry u �vs Lantlsca eMaintenanceAieaf6/ arks Ceratonia siliqua fi Freetlom Pork Ebanopsisebano 1] Acaciasmallii 29 Ficusnititla 18 Dalberiaslssoo 24 Jacarandamimosifolia 6 Tipuanatipu 10 Parkinsonia�ontla 1 Paikinsonia� bnd 26 Hovley5occerPark Parkisoniap2ewx B Dalbergiasissoo 38 Pmsopis cM1ilensis 6 Prosopisglantlulosa t oe ann ar Fnnk Slnrtra Drive qcacia aneura 13 Acaciaaneura 34 Dalbe lasissoo 4 Acaciasmallii 16 Jacaantlamimosifolia 1 Olea europa' wan Hill' Ebanopsisebano 4 olas Parkinsoniallontla 10 P�osopischilensis 2 Landsca eMaintenanceAreaf)/Parks vic enter ar Monbn Av�nus North DalOer ia sissoo 19 PaM1insoniaFlontla 1 PisfacFiechlnensis 16 Parklnwnia hybnG 20 Parklnsonia micropM1yllum 3 Civic Center 8aseball Fieltls PaBisonia p2ecox 19 �uercus vi�giniena 36 Genitl iortl Drive Ma nesia Fells iark Acaaaaneura 6 CereNniasilipua 2 Acauasmallii 1 Eucalyptusspp 16 Parkinsonia�ybtltl 10 otas Patkinsonia praecox ] Prosopisc�ilensis 6 Lantlsca eMalnMnanceAreatB/PaM1s oq s ronwoo ar puerwsvirginiana 14 Lantlsca eMaintenanceArea6 OeseR Wlllow WasM1in on CM1aMet ScM1ool Park C�ilopsishneans H4 Euwl Nscifiotlora S Olneyatesola 19 Momsal0a 11 Pa�kinsonia Fo�itla 0B PaMinsoniahybntl ] LMA18Toh15 8 Parkinsonia micropbyllum Y Parkinwnia paemx 10 �ryyTofal hrLMAs 1,Y,6, ],9, 16, 1],1B f350 Prosapischilensis 32 L Mas �� � ¢ ¢ aD \ 9 � i 2 � m � a m p Q ¢ FRED WARING OR N FRED WARING OR y O n � z i o i z ' '¢^ � ' U � ? ~ z 3 ¢ Y �.��\ 3 F DEANZA WAY 0 `'� O SANGORGONIOWAY V S ALESSANORO OR o � c m .. � ....� .;,.r �.::-,—:�.>sr�:- ...- . .. :: ;-_.. " i � ? A45E0 , ELPASEO y�h,� ELPASEO O� 2 P � a pR 0P � � � -- PITAHAy � � � � Q 4ST lP � O= W --- . � FAIRWAYDR � � O I y h� .,�.... / — - a ,_ T � GRMEVI NE ST ,��j��. � . O i�:. W �- BURSERAWAY -�p�''r, I ¢ ^O `� � .. 3 �/"'': o � r o n . NqYSTACK R4D�� � l _ � , ,� MESA VIEW DR PORTO� PP �- '.f.� . � _ :`N tl�dlsS �:...- � . �_ I - LnNuSCnPE AREa 1 �1 �l ��f9.UM� + `\ � � . .' � /V..i ���M/JOM���� . . .... . .. I .:=.. ' . . LEGENU / _LMA� � Palm Oesetl Parcels O Clty Boundary � .. �INAH SHORE DR w LANDSCAPE AREA 2 'a w � cSn�EP1 � i �' f GERALD FORD DR � w ^°on`p'�� 'a LEGeND o `w �'�rFR _�Mnz rcO Srq PalmDesetlPercels l � � �Ny,y 0 ary eo��aa�y �� eFRANKSINATRADR FRANHSINATRADR II.uCH-A.SOOItFl ?q � �9R�Sk � R�� � > ¢ >I w w � �� w COUNTRY CLUB DR'� COUNTRY CLUB OR O ) � � ¢ aF C K HOVLEV LN W J pypypyY o 0 O �p O 7 O � U p � O u� d HOVLEY W E � w N � O F N � HOVLEY LN E 'z Z �.. Q � � z z N MAGNESIAFALLSOR N ¢ � 3 _. . . ... .. .... . r Y W W PARK VIE ,W DR W w p O � ' P . j> p a O U CALIFORN�P a �Wre�w.. m J _ . _ _ . . ._. . ._ �w�,� e• a � ��u FRED WARING DR FRED WARING DR :2 Z � "� Q O W f y a w 0 HWY i11 EL PASEO �MQUNTAIN DR O � w FAIRWAYDR' � 2 > y GRAPEVINE ST Q ¢ OI rc a Q� HAYSTACKRD I w n MESA VIEW DR pORTO�PP �L � � s. � 3 i LANDSCAI'E AREA 4 ��.�,.� OINANSXOPEUR q � � � �x��� � d�Mroev-ac^ LEGENU p Palm Desetl Partels g G�RALO FOFUOR O Gi�Y BOY�E3ry Ge i � � � I wCn=45W�[i� a 4.... �•y� 9OQR 4.e� N r�` �a�o ; o \ a ` ' ° I RN� FRANNSINAIRAOR FRANI(SINRIRROR iR]NN9NTTRAOft p� � 9�9�5 P rqp Q � 1� � h�A t p I n O o y���EAAO E W LOIINTRYCLU90F LOONiRYLLOBDR ��UNTflYCLUBOR � .....� ..O. n. n�. .va.� .r�,.�......v.....e....e.... XNRRIS S p lN o ° Hov�Ev�ry w » o g o 0 w ° z �, Noviev�xe W ' 3 p � 3 XOVLEYLNE XOVLEYLNE NOVLEYLNE �1 U�1NO2VE MERLEOR AVENUE y Of IXE SIAIES Z MAGNESIAFALLSOR E RVREOGEWAY O 2 PRFNEWDR � O Q — K CAOFORNIR AVE 3 p FRE�W<RINGOR FFEOWARINGOR FltEOWARIHGOR — FREOWPRINGOR W � 4 a O W¢ � 3 ? h Lu OEGN3P WGY p �O O SPNGORGONIOWAY 6n ALESSANDRODF U N�"' w 'µ(E�{qVF _ EL VASEO v, P/Tq Z P H9YNSS �YQW 9 p\N OR p1 FAIRWRYOR U. J . Fo 3 o ° sxaa 5 0 0l w? WF I HAYSTALNRO UO MESRVIEWOR PoRiOIAP✓E LANDSCAPE AREA 6 6���� � �Ll w '—f � > � 11 ¢ �.w� I � J � � LCGCNIJ � �,'�.� a � ��'m ..,� „�. .:J �__ - ��m��,,. i , . .� � � �. .� � e ii.cn=aoorur 1 i .� , . � �___.. ____ ..__._,'� ��- 1 ._.—___—_. __- ____�:,.. iAP�li<�IP��T� D���� . ..__-____.. L' I I �\ � �� \ / � � � % � � r-' i i � ��v �� , _" _-. �� �-� ___ '.._ _. . � 1 � 1 W _�� j � � / - �� N � � � � � � � 1 0 � � \ U � �' \_i ! � �. - �� _ _ � ' �� -�� , ���� _ � ���� ., , _ � � . � �� � 1� � � �� � � r_ � � : , _ _� � � � - � C U TRY L 8 DR - � � �ti LANDSC�PF ARF� 7 r �RyTqr �Mowo� Py� �'�-�.. �o H SXORE DR � w °°^'°� a > rcl L[c[No w 2 -LMP� �. m Cesnl Pamels GERALDFORDOR e Daryaauneer� i wni-i nm ri�n w > I a a w �~T � ST T iO o � qpy� �o PftANK SINr1TRA OR FRANK 61NRTRA OR � t �M9q�s� i Ro� � ::C�_ � o-n < a w rc r � y� COUNTRVCLUB�R COUNTRYCLUB�R � � K K HOVLEV LN W a v�i o 0 -_.. .. . . o 0 0 � � • � O � U p V O N d HOVLEV LN E � N w � N HOVLEY LN E 2 ____'—_ p f � �_ 2 N MAGNESIA FALLS OR � 3 Y W p y� i0 ` O , W IEW OR Q Q j I2 U Q' p _- r p a o CALIFORN�P a � a Y �i W 0 � . 2 p � U FREO WARING DR FRED WNRING DR £ Q n w " a HWY 111 ELPASEO �MOUNTAIN OR O � � FAIRWAVOR' � ie " GRAPEVMEST a ¢ �I ¢ O HHYSTACNRD �� LANDSCAPE AREA 9 ��.N,.,� .s�: (y�, `4Y �.: ¢ �M'�MNp+� �� Q r p �.EI�EN�) �Ai� F �� O -LMA9 _ :....,.. . ;.,.,.. �� _ . a aaimoeunaa,�eis � . . ... .. �c�n eouma�v ¢ > e� � I�UCH-2A00 F FYT W L � MAGNESfA FALLS DR ��� p O F U PARK VIE W DR W ���I ' � � ¢ a � 9 � ' 41 U Q a Q -¢+ FRED WARING DR FREDWARINGDR a. -; O . ...� K W � N h a U �' )' ~ 3 � x � � DEANZA WAY ��;- � O O �' � SANGORGONIOWAY � V m ALESSANDRO OR � `� m� �pASEO EL PASEO .. v��,� EL PASEO � I � - . __'_ _.. . _ ...�——___.... ... ' � P Z a pR 9P �.� � � PIiAHqy �� � Q Y �'rT o=�`P W O u � 1.r.T�� ' � FAIRWAYDR � O IID � QO �' I � � y / � lt ' '!� f Din GRs1PEVl NE ST m 0 _ �_ BURSERA WAY Q � 4p I j � f� ...::...:.:.:�m� B � O F- 0 i' � �,' a 0 +/- 667,370 SQ FT HarsracK rso '� �E' This number is an estimate � �= and the ciry makes no statement �' �` ' as to the accuracy the number. � I�' Field verify. -. t�_ �� P MESAV/EWDR ppR70LP LANDSCAPF ARFA 16 University Dog Park �+°`""`"`� +/-gg,pg5 Sq Ft � Foao oa ��,r�' �� University Park Easl �� +/-91.717 Sq Ft � IiGiNo Y -LMA1B QPelm Rserl Farcels � o��,ee��da� C`°A �� eF'pR I �noi-d5qi rfH O P 9R�f Qo � Freedom Park/Community Gardens raarH s�xa�ea oa ° vrsarvrc swaiaa ou +/-588,552 Sq Ft .. �' a Stonebridge Easemenls rvy °o +/-g7,�33SqFt '% �' � T 1:.. LQRNER y p. 00 . . . W :o-':,-. OONTFYCW60R U LOUN�FYLLU60R COUNTRYCWB�R A COUNTF�UBOR Hovley Soccer Park N +/-659,133 Sq Ft o � " $ , ��, Joe Mann Park o `n �� +/-30,555 Sq Ft w � `o EY LN E 0 ya F �l O � v�i � O ; w e MOLLEYLNE NOVIEYLN u I}NO NVE f J MERLEOR � S CFLIiOR 40R N � �� i�' O � p UILIPoRNIF FVE 3 W R FREOWRRINGOR y � 3E0//AdnIGO 2 e W . � � - - - �. , , ,. . . . . - . . . - . � . Y�\�.. , i....\ �� . I �fl}, ;.�, S��g . �d�kf � r. 'r ''ea '`:t a x I'-,,,, � 't S. ��:• w v;. � �� ' r i,�: I �-�l/ `y :'�.?, � / � .��1 '`� •�, � �1•''1.. r p L � 'i��.16�.'.Yti.�� � V( � l;i: �7 � Y �` ����1� I��,�� �I� p Y`}�� . � � 1 � � �' `l���e: �I�i 1� .��J �e .�. �'r"� �, �:�; �' ��'��� �,�, ' ' �.. -F� ,� ��\ t �`1 �' � ��' �'����t"�`;��i'� �;;���. � , ; �'�1 �'° ��i�.�;:���� 1� �, � �� "`� '��� � ;�'��!�����a�����a�� ��� � �! � _ ���.�� [�, � � � _ � r� —� � `I ,�.' �4 �,+��.�'��.�' 1� � � ������" ���I���������`' � ,.�:,; � � �,•r,.., . a �—�,. , .;�� � ���`?������`i�����!��� � '� � � �.` . ; �I�!�", iw�'.�:.!��,��••G�.�.iaw�; ..�;-.: , ■ •. - , a LANDSCAPE ARFA 17 u�v�e,. r\��. 6�� �G _..�.._i : �; --:,_ � , 1 ri_;�—�: ��III - r �w�� San Pabb �����:--�"J �... � Metlian � �� � LeceNo +/-43,500 Sq Ft aaim oesen va«ei: - �� �cry eou�aary Civic Center +/- 1,987,246 Sq Ft � i wui=soo rFrr �nnrucSlA FALLS DR MAGNES/A FALLS :1-.r AQUATIC :..�C:�-: LEGENDS CENTER .�� ��� � FIELDS 1 -��. .�wa ,.� Magnesia Falls City Park � � �: +/- 312,486 Sq F� ���'- � ' W , � Q � � . .r ' Q � ' �—_ > _� _ > _ � J � CIVIC CENTER PARK � f J � � \ � . Q[! ' � ' a: ; � � � � p4 � � T � SAN L . . . .. � . . GHENNEL !�_. /���� �� ... .. � PARKVIEW ,I! � ..._ � L./ I 1 I �i -�. CITYHALL � OFFICE �fI -� '� �'� COMPLEX �, � _ _ _ FRED WARING DR FRED WAR/N .� �: �_��, � _ n7�. _, ___. _ � � � � � � � <��,;:,. , r:- �m��� � Q �� Q '���� ����' � � � � � � �� � ���� �����' � 2 O � a z LANDSCAI'F AREA ]8 2 MAGNES/A FALLS DR �`°� i��a f ���� San Pabb Community Gardens "a, � ,� +/- 50,400 Sq Ft `"°"mn.N..+�°� W > L6l�6ND Q J -LMa19 ¢ ; Palm�esertParcels m U Q O Clty Bountlary Q (q Q WARING OR a a 0 FRED i �..����-i.,w trr� �: � i Q Q a 2 2 � � v� W � ¢ �'�- Palma Village Park V Q W � ��� +/- 59,000 Sq Fl 3 3 w � DE ANZA WAY � O SAN GORGONIO WAY 1�-.x�"?' � ALESSANDRO DR m o � m '� �y � EL PASEO � ASEO EL PASEO v , � ? P A pR 5P �, PI7AHA y �� � q ST =�Q� i� �J Cahuilla Hilis Park �--�—- +/-62,825 Sq Ft �� FAIR _ O C Q Washington Charter School Park � -- � y +/- 70,O60Sq Ft 9 -o . c9i� GR.4PEVl NE ST � _ , m - ° `� �u � BURSERA WAY - -� � ^b �s�, j _. --- S� c� O Z 1 ` �`i��� IronwoodPark �-� ;, O �� - - ' +/-665,175 Sq Ft y _ � � HAYSTACK RD -e ' ,C*.,< . �`. . � -..��''. � � Homme/Adams Park � � +/- 1,159,690 Sq Ft � � ATTACHMENT 3—2013 HOUSING TREE INVENTORV CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT N0.932-iJ CONTRACT NO.C32330 AREA COun� Housin Pro erties Wlalina Gartlans A�'acia smallii 3 Pm ischilensis 1 Proso is lantlulosa 1 Rhus lancea 19 Theve�ia emviana ib Ti uana ti u 6 Callfornla Vllbs Dal�er la sissoo 8 Eucal Ns camaltlulensis 16 Ficus�enamina 1 Fraxinus uhtlei 6 Parklnsonia�ybntl 22 Pinus halapensis 13 Plstache rhinensis 8 Prosopis cM1ilensis 13 MeertPoinb Acacia steno It Ila 9 Pmso is chilensis 9 Rhuslancea 16 Lp Row Vlllas C�ilopsislineans 10 Parkinsonia hybritl d Tipuanalipu il La una Palms Acacia sleno h Ila 11 Chilopsislineans 2 Lysilomamicrophyllla t0 PaMinsonia Flonda 4 Parkinsonie hybritl d Tipuanatipu 3 Las Serenas Brech chM1on popvineus 40 Evcatyptw polyanthemcs 9 Ficusbenjamina a Oleaeuropa 9 Pinus pinea 6 Ouercus vi iniana 2 Schinus molle 3 Schinw�erebin�hifolias 16 Nel hEanOarMnA BrecM1ychiron populneus Y3 RhuslanG2a '! Tipuanatipu 3 Ons Ouall Plau Jaca2ntla mimosifolia 9 Pinusranariensis 49 Pinus hdldp¢n5i5 1] Pmsopis chilensis 38 Tlpuanatipu 4 Palm Villa a Fpfs Acacia s�enophylla 0 Parkinsonia flontla P T�e PuaEloa 8 P/East B2ch chiron populneas 1 ousm o s a Nr � eq5 O m �ql Fyw 8 � t, a -FfiANN$INATRA DR FRNNK SINATRA�R r4M 9R�s kA oy oR j COUNTRY CLUB OR COUNTitT LLUB OR ¢ C w a . �o MOVLEY LN W < O1 0 0 F Q O O d � Q � 0 O G - HOVIE��oEcnh�us W � cauxravm�u�E HOVLET LN E CAL60PHUNLL45 � � oESE�x.voix*E s x a K 3 OMEOWILV4CE MNGNESIAFRLLSOR pq�MNLLPOE 1- � . NEGH90P5 � f��A. ME PUEeL05 ��ii'��. o � 9RRKR�R r sarvrascun�wr ¢ � a S .;,i'Q Q CNLIFORNIPA�� ; O auGmuvnuf5= pREOWARINGDR FftEDWARMGDR p 61 a C, _. � a � w p 6 0 3 PGtMNZt�4E p W � „ 8 0 •. ur<u�ucnaoexs Hwv�i�if iaosva�Ms ELPNSW �IINTRIN DR - 3 C/.X�tEW00� . . _ , O Q FAIRWAYOH y Q GRFPEVINE ST O g HAYSTRCNR� MESPVIEWOR ptOLPP�� p0 G�OFY.D�,� LOCATOR MAP �--� -,1� HOUSING TREE PRUNWG e m� \ $ - 1 inch = 4,000 feet o� DAT E: °�rnRMP�` 3�ZS�ZOO9 PALM DESERT HOUSING AUTHORITY PROPERTIES MIXED MULTI-FAMILY APARTMENTS # Prqect p Units Properry Managar Tel / Fax � CAIIFORNIA VILLAS 141 Aine Lopez Te1: 345-OJ52 77-107 California Drive Fax:345-1063 Z DESERT POINTE 64 Grisel Lopez 7e1: J40-6945 43-805 Monterey Avenue Fax:340-0735 3 LAGUNA PALMS qg Adelle LeDesma Tel:836-1455 73-875 Santa Rosa Way Fax:836-7557 4 NEIGHBORS-a�n«�o�,mc�i oe�,<�r ao���� yb Grisel Lopez Tel:340-6945 73-535 Santa Rosa Way Fax:340-0735 6 ONE�UAIL PLACE 384 Diana Arroyo Tel:566-9855 72E00 Fred Waring Drive Fax:341-6810 6 PALMVILLAGEorn���o�.,i�o.,��ae��=P��ms 36 AdelleLeDesma Te1:836-0466 73-650 Santa Rosa Way Fax�.836-1557 � TAOS PALMS on,.� � .::. .. �6 Grisel Lopez Tel: 340-694b 44-830 Las Palmas Avenue Fax�. 340-0735 SENIOR APARTMENTS 8 CANDLEWOOD �• ��..•- . � �� - � 30 Carolyn CatalusCi Tel:568-7640 74000-74002 Shadow Mountain Dnve Fax:346-9560 9 CATALINA GARDENS 72 Carolyn Catalusci Tel: 568-3640 73-600A Catalina Way Fax:346-9560 LA ROCCA VILLAS onme iocaeea m�az serenas Tel: 773-9040 ��' 42-135 Golden Eagle Lane 27 Shirley Braginion Fax:346-9650 LAS SERENAS Tel:773-9040 71. �3315CountryClu6Dnve 750 ShitleyBraginton Fax'346-9650 �Z THEPUEBLOSom�oro��mea�c�eou�ao.me�s �9 CaroynCataiusci Te1: 568J640 73-695 Santa Rosa Way Fax:346-9560 13 SAGECRES7SENIOR��o-,:,.;:��,,:-;�.,;c,,;,�.�:,;:,,,o�.,, �q CaroynCataWsci Te1: 668-3640 73-811 Santa Rosa Way Fax:3469560 AGENCY OWNED PROPERTY(non affordable renWl units) I �q ADOBEVILLASu�..<�-:��i_a.,�caom.�„v;n=� �p AineLopez Te1: 345-0462 45-330 Ocotillo Dnve Fax:345-1063