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Home My WebLink AboutC33060 - Const Maint of Lndscp MediansC 33060 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE CITY OF RANCHO MIRAGE FOR CONSTRUCTION AND MAINTENANCE OF LANDSCAPE MEDIANS ON DINAH SHORE DRIVE, MONTEREY AVENUE, AND FRANK SINATRA DRIVE SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works PARTY TO City of Rancho Mirage AGREEMENT: ATTN: Bruce Harry, Director of Public Works 69825 Highway 111 Rancho Mirage, CA 92270 DATE: September 12, 2013 CONTENTS: Reimbursement Agreement Recommendation By Minute Motion, authorize the Mayor to execute the Reimbursement Agreement between the City of Palm Desert and the City of Rancho Mirage for the construction and maintenance of landscape medians on Dinah Shore Drive, Monterey Avenue, and Frank Sinatra Drive. Backqround The cities of Rancho Mirage and Palm Desert jointly own certain infrastructure installations including, but not necessarily limited to, traffic signals, safety lighting, and raised landscaped medians that are located partially within the boundaries of each city. Both cities desire to arrange for the ongoing operation and maintenance of the installations and to jointly share the cost. This agreement only addresses the specifics relative to the construction and maintenance of the landscape medians. A separate agreement for the operation and maintenance of traffic signals is already in place. The new agreement outlines the minimum maintenance requirements, establishes the operating procedures, delineates the ownership percentage for each median, and Staff Report Agreement with Rancho Mirage — Common Infrastructure Facilities Page 2 of 2 September 12, 2013 C 33060 establishes the City of Palm Desert's billing rates. The agreement will commence on July 1, 2013, and will supersede any and al! other agreements. The agreement has been reviewed and approved by both Palm Desert and Rancho Mirage city attorneys. Fiscal Analvsis It is estimated that Rancho Mirage wil! reimburse the City of Palm Desert approximately $10,000 annually for the shared landscape medians we maintain on their behalf. Prepare By: !" . w�en er K t, Landscape Manager 0 Paul S. Gibson, Director of Finance of 'ublic Works CiTY COUNCTLAC�'ION APPROVEi� DFNIED RECEIVEIa OTHER �ger MEET i�i DA � • " '" �� ' r�``�/� AYF,S � � �� 1C1�, l�F ��' n NOES. � AI3SENT: ��' AE3STAIN:!��«� , � VI:RIF[ED BYr �� Original on File with City erk's Oftice Approval: Contract No. C33060 REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE CITY OF RANCHO MIRAGE FOR OPERATION, CONSTRUCTION AND MAINTENANCE OF LANDSCAPED MEDIANS ON D1NAH SHORE DRIVE, MONTEREY AVENUE AND FRANK SINATRA DRIVE THIS AGREEMENT ("Agreement") is entered into as of this day of , 2013, by and between the City of Palm Desert, a municipal corporation ("Palm Desert") and the City of Rancho Mirage, a municipal corporation ("Rancho Mirage"). Palm Desert and Rancho Mirage are sometimes hereinafter individually referred to as a"Party" and collectively referred to as the "Parties." RECITALS WHEREAS, Monterey Avenue is a major roadway bisected by the boundary lines between Palm Desert and Rancho Mirage; and WHEREAS, Dinah Shore Drive is a major roadway bisected by the boundary lines between Palm Desert and Rancho Mirage; and WHEREAS, said major roadways have landscaped medians that are common to both Palm Desert and Rancho Mirage; and WHEREAS, Palm Desert and Rancho Mirage anticipate constructing additional landscaped medians on Dinah Shore Drive and Monterey Avenue that wi11 be common to both cities; and WHEREAS, said current and future landscaped medians will enhance the safety, welfare, convenience and enjoyment of the public using Dinah Shore Drive and Monterey Avenue; and WHEREAS, said current and future landscaped medians will require regular operation and maintenance; and WHEREAS, Palm Desert has the capability to provide for operation and maintenance of current and possible future landscaped medians on Dinah Shore Drive and Monterey Avenue that are common to both cities; and WHEREAS, Palm Desert and Rancho Mirage find it desirable to jointly finance the cost of operating and maintaining the current and future landscaped medians since both cities will benefit from the landscaped medians, and to jointly finance the cost of constructing the future landscaped medians. NOW, THEREFORE, the Parties mutually agree as follows: 1. Recitals and Exhibits a. The foregoing recitals are true and correct. 72500.00001 \7655644.1 Contract No. C33060 b. All exhibits referred to hereinafter are hereby incorporated into and made a part of this Agreement. 2. Location The existing landscaped medians to be operated and maintained under the terms of this Agreement that are common to Palm Desert and Rancho Mirage are Iocated on Dinah Shore Drive, Monterey Avenue, and Frank Sinatra Drive, all as shown on the attached Exhibit "A." Future common landscaped medians which, if constructed, will also be operated and maintained under the terms of this Agreement, will be located on Dinah Shore Drive and Monterey Avenue. Additionally, all the landscaped medians within Monterey Avenue that are completely within the Rancho Mirage jurisdictional boundaries, shall also be operated and maintained under the terms of this Agreement. All currently existing and future landscaped medians described in this Section 2 and Section 3 below shall hereinafter be referred to as "Landscaped Medians." 3. Operation, Construction and Maintenance a. Utilities Palm Desert shall provide water service for irrigation to Landscaped Medians and electrical service as may be required for Landscaped Medians. b. Maintenance Palm Desert shall perform or cause to be performed, services for maintenance of Landscaped Medians. Maintenance shall occur through contracts for services in accordance with Palm Desert's Specifications for Landscane Maintenance Services for Landscape Maintenance Areas Numbers 2 and 4, as may be amended thereafter, a copy of which is attached hereto as Exhibit "B." c. Construction The Parties expressly understand and acknowledge that future construction of inedian islands along Dinah Shore Drive and Monterey Avenue (individually, a "Construction Project," and collectively, "Construction Projects") may be performed by either Rancho Mirage or Palm Desert, or both. Improvements for the Construction Projects would be constructed through a standard Public Works Construction Contract, the form and substance of which shall be approved by both Parties prior to the projects going out to bid. The lead agency for any such Construction Proj ects ("Lead Agency") shall be established by the Parties prior to issuance of any bids. The Lead Agency shall take full responsibility for ensuring completion of the Construction Projects in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. The Construction Projects shall be completed -2- Contract No. C33060 industry for such services. The Construction Projects shall be completed in accordance with all applicable laws, including the California Labor Code provisions regarding prevailing wages. d. Insurance The Lead Agency shall cause its contractor(s) to maintain in force, a policy of commercial general Iiability insurance, including coverage of bodily injury, death and property damage, in the amount of at least $1,000,000 single limit per occurrence and at least $2,000,000 in the aggregate, and a policy of commercial automobile liability insurance in the amount of at least $1,000,000 per occurrence and $2,000,000 in the aggregate. Notwithstanding anything else to the contrary, the Lead Agency shall ensure that as part of its contract specifications and bid documents issued for completion of the Construction Projects, a requirement be included that all prime contractors shall name the other Party as an additional insured. The Lead Agency shall provide certificates of insurance and additional insured endorsements which meet the requirements of this section to the other Party prior to any contractor performing services for any Construction Project, and shall also use best efforts to ensure that all insurers shall agree to provide the other Party at least 30 days prior written notice before cancellation of any policy required herein. e. Immediate Repair or Replacement When the immediate repair or replacement of any part of the Landscaped Medians is necessary to ensure the public safety and welfare, such circumstances will be deemed an operational emergency. In the event of such an operational emergency, Palm Desert shall have 24 hours to initiate repairs following discovery thereof or upon notice from Rancho Mirage. If Palm Desert fails to initiate and diligently complete such repairs in a timely manner, Rancho Mirage may direct its forces to perform such work as necessary to correct the problem and to immediately place the applicable portions of the Landscaped Medians back in operational condition. If such procedure is implemented, Rancho Mirage will deauct Palm Desert's share of all expenses incurred for such repairs from its share of all costs incurred by Palm Desert for the operation and maintenance of said Landscaped Medians, with such deduction to be reflected in the first bill submitted by Palm Desert pursuant to Section 5 of this Agreement, immediately following Rancho Mirage's mitigation of the operational emergency. If necessary, the Parties shall make additional adjustments to subsequent bills submitted until Palm Desert's share of Rancho Mirage's cost of mitigating the operational emergency are recouped in full by Rancho Mirage. -3- Contract No. C33060 a. Subject to Section 4b of this Agreement, Rancho Mirage shall reimburse Palm Desert in accordance with Exhibit A, Depiction of Existing Common Landscaped Medians, for all costs incurred by Palm Desert for the operation and maintenance of Landscaped Medians pursuant to and in accordance with terms of this Agreement including, and subject to, costs incurred pursuant to Section 3(e) hereof. b. These costs for each component of the Landscaped Medians include, but are not limited to, those incuned for the following: • water • landscape maintenance contract • irrigation system repair/modifications • shrub and tree pruning • shrub replacement • tree staking and replacement • pest control • fertilization • decomposed granite — raking, replacement and renovation • boulder and cobble repair/replacement • hardscape repair/replacement • trash and sand removal • lighting fixture repair and maintenance c. Except as hereinafter provided, Rancho Mirage shall reimburse Palm Desert a share of the costs incurred by Palm Desert for the administration of this Agreement. The rate of reimbursement shall be fifty percent (50%) of the actual cost of providing such administration. Administrative costs include, but are not limited to, those incurred for the following: • preparation and administration of annual maintenance contracts • maintenance of pricing sheets, purchase orders, bid documents, authorized extra work, and other work required to complete and maintain accurate records • preparation of invoices d. With respect to Palm Desert's expenses incurred in connection with its operation and maintenance of Landscaped Medians that lie completely within the jurisdictional boundaries of Rancho Mirage, Rancho Mirage shall reimburse Palm Desert for 100% of such expenses. e. The Parties sha11 share equally in all costs related to the Construction Projects. Once the Lead Agency completes a Construction Project, the Lead Agency shall determine the other Party's share of the actual costs based upon the work performed by its contractor. 'l�! Contract No. C33060 5. Submission of Bills a. Operation and Maintenance Palm Desert will submit reimbursement bills to Rancho Mirage annually or in such other periodic sequence as may be agreed to in advance by the Finance Directors of Palm Desert and Rancho Mirage. Bills must be submitted promptly following the close of the corresponding billing period and shall be promptly paid by Rancho Mirage. Palm Desert shall provide written documentation, including, but not limited to, photographs, for all authorized extra work (labor, materials, and equipment) with the bill. Palm Desert shall maintain, on a generally accepted accounting basis, complete and accurate records that support all billings. These records shall be made available to Rancho Mirage at reasonable times for review. b. Construction Projects The Lead Agency shall present to the other Party a statement certifying the actual costs incurred in completing the Construction Project ("Statement of Actual Costs"), which shall include copies of all contractor's invoices, evidence of payment, and any other information and records necessary to verify the amount reflected in the Statement of Actual Costs. Within thirty (30) calendar days of the receipt of the Statement of Actual Costs, the Party not acting as Lead Agency shall pay all undisputed amounts owed to Lead Agency. The Party not acting as Lead Agency shall submit in writing to Lead Agency any disputes to the Statement of Actual Costs. As soon as practicable thereafter, the Parties shall endeavor in good faith to resolve any such disputes. 6. NOTICES. Any and all notice, reimbursement bills and payments sent or required to be sent to the Parties to this Agreement will be mailed to the following addresses: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Landscape Manager City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, CA 92270 Attn: Facilities and Fleet and Maintenance Manager 7. Le�al Relations and Responsibilities Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement. -5- Contract No. C33060 8. Indemnification Each Party hereto shall indemnify, defend and hold the other Party and its oificers, agents, servants and employees harmless from any and all liabilities, claims, demands, debts, suits, actions and causes of actions, including but not limited to, property damage, personal injury or wrongful death, arising out of or in any manner connected with any act or omission of such indemnifying Party hereunder, or its officers, agents, servants or employees, done or performed pursuant each Partie's duties and obligations hereunder. 9. Term and Termination This Agreement shall commence July 1, 2013, and shall remain in force until terminated in accordance with this Section 9. This Agreement may be terminated by either Party upon thirty (30) days written notification given to the other Party. Any and all payment obligations outstanding shall survive any such termination. 10. General a. The Parties agree to keep all records relating to this Agreement, including, but not limited to, contracts, invoices, and other documents reflecting the costs of all services performed, for a period of not less than three (3) years from the date this Agreement expires or sooner terminates. The Parties agree that all such files and records shall be made available to the other Party upon that Party's reasonable request. b. This Agreement may not be modified, terminated or rescinded, in whole or part, except by a written instrument duly executed and attested by the Parties hereto or their successors or assigns. c. This Agreement shall be governed by and construed in accordance with the laws of the State of California. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. d. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. e. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. The persons executing this Agreement warrant that they are duly authorized to � Contract No. C33060 f. execute this Agreement on behalf of and bind the Parties each purports to represent. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. g. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition, or covenant to persons or circumstances other than those as to whom it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. h. This Agreement contains the entire agreement between the Parties, and is intended by the Parties to completely state the Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Agreement, is null and void. IN WITNESS WHEREOF, the Parties hereto have by their duly authorized representatives, executed this Agreement as of the day and year first above written. CITY OF PALM DESERT Jan C. Harnik, Mayor APPROVED AS TO FORM: David J. Erwin, City Attorney CITY OF RANCHO MIRAGE Richard W. Kite, Mayor APPROVED AS TO FORM: Steven B. Quintanilla, City Attorney ATTEST: Rachelle D. Klassen, City Clerk ATTEST: Cynthia Scott, City Clerk P�APPS\WPDATA\RNCIi�0008-09 Gaieral Matttrs�DOC\53l - Reimbursemrnl Ageement wi�h Palm Desen for Operation, Construc�ion and Maintrnance ofLandscaped Medians (07 02 13 � doc _ / � Contract No. C33060 EXHIBIT "A" DEPICTION OF EXISTING COMMON LANDSCAPED MEDIANS ON DINAH SHORE DRIVE, MONTEREY AVENUE AND FRANK SINATRA DRIVE SEE ATTACHED : Contract No. C3C31060 EXHIBIT A Palm Desert Rancho Mirage Palm Desert DEPICTION OF EXISTING COMMON LANDSCAPED MEDIANS ON DINAH SHORE DRIVE, MONTEREY AVENUE AND FRANK SINATRA DRIVE Description of Shared Facility and Location City of Palm Desert and City of Rancho Mirage Median Landscaping: Dinah Shore Dr from Monterey Ave to 265 palm Desert 50% feet west of Miriam Way Rancho Mirage 50% Cost share for maintenance and utilities � Median Landscaping: Frank Sinatra Dr, 715 feet east of Monterey Palm Desert 100% Utility- Water Cost share for maintenance and utilities Rancho Mirage 100% Maintenance Median Landscaping: Monterey Ave from Frank Sinatra Dr to 2,700 feet north Cost share for maintenance and utilities Rancho Mirage 100% -1- Median Landscaping: Monterey Ave from Dinah Shore Dr to Paim 2,600 feet south of Gerald Ford Dr, and from Frank Sinatra Dr to Palm Desert 50% Desert 690 feet south of Magnesia Falls Dr Rancho Mirage 50% Cost share for maintenance and utilities Contract No. C33060 EXHIBIT "B" SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE AREAS NUMBERS 2 AND 4 SEE ATTACHED � Contract No. C3Ci1060 CtTY OF PALM DESERT LANDSCAPE MAiNTENANCE AREA NO. 2 PROJECT NO. 902-13, CONTRACT NO. C32600 SECTION 2: SPEGIFICATIONS GENERAL TERMS AND CONDITIONS INDEMNIFICATION To the full extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by the City, court costs, interest, defense costs (including expert witness fees), and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of, or arising out of, or in any way attributable in whole or in part to the perFormance of this agreement. Without affecting the rights of the City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless the City as set forth above, far liability attributable to the sole fault of the City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partiafly at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be a(I-incfusive and City will be indemnified for ali iiability incurred, even though a percentage of the liability is attributable fo conduct of the City. Contractor acknowiedges that its obligation pursuant to this section extends to liability attributable to the City, if that liability is less than the Sole fault of the City. Contractor agrees to obtain executed indemnity agreements with provisions identical to thase set forth here in this section from each and every subcontractor, sub-tier contractor, or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractar fails to obtain such indemnity obligations from others as require here, Contractor agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth herein is binding on the successors, assigns, or heir of Contractor and shall survive the termination of this agreement or this section. INSURANCE Without limiting Contractor's indemnification of 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, �✓� .�..�,�i�,,�,W��„�'�.'-��.+}:, . �-��s �r�`: t,fi7�t�.',. �lv-��, �` �,rF �-r,�iS§ �,�A�,�..fie�r'�t§A$¢,F�?'��,ia4� �3, cr�'�t��_�� =„�!`M . , . ., .. . . . ... , . �.. . .F � . .,.. ,. , _ Contract No. C3C�1060 in an amount not less than for bodily injury, personai blanket contractual liabiiity. $2,000,000 per occurrence, $4,000,000 general aggregate, injury, and property damage, including without limitation, Automobile Liability Insurance: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA OQ 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 fo� any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents, employees and volunteers. 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 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 poiicy 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; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies Other Provisions or Reauirements Proof of Insurance: Contractor shail provide certificates of insurance to 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 al! required insurance policies, at any time. 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 pertormance of the Work hereunder by Contractor, his/her agents, representatives, employees or sub-consultants. � ... . � . ,. „ , ,.. ,."�a3'�.,. . . . . .. , , �rvc �b,�,}�,.,;�4' h A� wl {. 7� ,lir� ,'�+, �4'� ar�'�N1a. -�?^y.� w�"�"�p�a;ti �� .e , t�,,i 4„ -,.s�`- •j�,�,�,�. K . _ ,'t v . �'� , ' �,��,.t?• s r �.�,�,F�,.*.,`.�n� , .7�'�.r. .,.' �'"". .''� . ,:�, Contract No. C33060 City's Rights of Enforcement: in the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City wi!! withhold amounts sufficient to pay premium from Contractor payments. !n the alternative, City may cancel this Agreement. Acceptable lnsurers: 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 Financia! Size Category Class VI! (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 of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, 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 normaily provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 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 City of Palm Desert and its 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 #o the Contractor, the City and Contractor may renegotiate Contractor's compensation. ::k' _ - .,.t4i�:';;�f,�.;�.4P�� M1;;i,i;t?.�5a+�.y�,��n,�-'��-�,sw.�''C»�;1"'�,'.-_' a"�qr:_�. ,t,,f.,, r,x.a;{,°r�-"�^;�,e':�?,r'°. �E•��:,:. � .. � , � , „ ` �.>eu �.,�a-,�`�,�t x�..tka w�.e.,�,��,,�,^ r'�ef �,�y,L„L,r � { w:�i'�A ., . .�� .. , _ , , , „ ,_ „. . . .r � -, , t�-�,x . a Contract No. C33060 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 deductibie. Self-insurance will not be considered to comply with these specifications unless approved by 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 liabitity policies. Additional Insurance: Contractor shal! 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 prote�tion and prosecution of the Work. 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 tosses 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 fa(ling 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 secureiy 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 pertormed 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 . ,+� . "� �tt�,V ._' -. 'r;. � - - 5`4" �w�,�r^�� '�fr,{,Ftt�"'i� � 4k'��t N ' "t�T',,,� �J �y �.. .,,�`fT��'p+;'f"..�'s,.,...�-,'„�Yk,�....._ ,.,,,H' '.-��a'sa i�,t?_,.`,`�,�,'`.�$ ,,.��na_.��,k.'�rS7,�a+i`4-��y..�� ., .K,'r,.l>,a �. . IT �� ' Contract No. C33060 Director of Public Works or his designee, then said cost and expense will be paid by City and shal� thereafter be deducted from any amounts due, or which may become due, said Contractor. Faiiure of Contractor to take such precautionary measure shaN not reiieve 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 shal! be stored at the project site without prior written authorization. Contractor sha!! design, construct and maintain al! safety devices, equipment and vehicles in conformance with all local, state and federal safety and health standards, laws and regulations. PROTECTI4N 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. Gontractor 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 shali 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 al! rubbish and waste materials resulting from its operations; including any materia! 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 pertormed by a licensed C27 Landscaping Contractor. n i �t},y1��, fk�; ��', �, -, E -S�Z�aS �n�v'' �"a��a��rj�i�F"�� w �- F� � . ., . , . .. ��j . . �. �- �, .,��L�iV, . , , . � . .,_..,t'a , ,:.�n : '�.Y a�'"t,n,.y"'��,.��i,.^,^�„k�Sr,. , 4? i, �, � .4'`' -r .. �h.� Contract No. C33060 CONTROLLING EMPLOYER The Contractor shall acknow(edge 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 previaus written consent of the City Gounci! of the City of Palm Desert. NON-DISCRlMINATlON In the performance of the terms of this contract, Contractor agrees that it will not engage in, nor wi!! it permit its subcontractors to engage in, discrimination in the employment of persons on the basis of age, race, color, sex, nationa! origin or ancestry, or religion. REVIEW OF CONTRACT DOCUMENTS AND JOB SITE Contractor shall carefully study and campare 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 Proposer to whom the award is made shali 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 Proposai. The agreement shall be made in the form adopted by City and incorporated in the specifications. FAILURE TO ACCEPT CONTRACT If the Proposer 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 highest scoring Proposal, and that Proposer shall fulfiN every stipulation as if it were the party to whom the first award was made. CONTRACT INlTlATION CONFERENCE The date, time and location for a meeting will be established after award of the contract. A preliminary work schedule wil! be required at this meeting. „_ �,..�; . ., . -.. .�,,.�, � r +�4u�-a � � �� ' r 3� 1.p av, X'� � ,� � ,��; ,�, ., ", .q .�,. ', F�,�t�x+�, � o-�'�I r.a..G 1 r� �t r�. ,$�''� a �a,# ,�,�'?,�'�" k`�'�+ .�-y`h ,.��r.�°. t .�.. ,. .. , , , � ., ...,_ .,.: ,« , .,..�. .a., r.�.r. h ?,..� ..:" i..r'^'.t�,:,. . ,X",.. ,.. '�.�„��.�''`� k4'r, „n,._ „LL,., . .',�k , � . ...,. „ � Contract No. C33060 ENCROACHMENT PERMtT Before commencing work, Contractor shail apply for and receive a no-fee permit to work within the pub(ic right-of-way. A city inspector wili be assigned to monitor compliance with the terms and conditions of the encroachment permit, including traffic control procedures and devices. BUStNESS 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 Proposer has a valid City of Palm Desert Business Tax Receipt priar to the execution of the contract. LABOR ACTIONS In the event that the selected Proposer 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 Proposer is no longer the selected Proposer and to accept the next acceptable highest scoring Proposal from a Proposer that is not experiencing a labor action, and to declare it to be the selected Proposer. 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 and serves as a staging area for equipment, personnel, storage of materials and supplies. The local office must be located so as to provide a one-hour response time to the City. MAIN OFFICE The main office has the same requirements as a local office as defined above and, in addition, is the location that conducts central business activities for the Contractor's entire organization. A branch or regiona( office does not constitute a main office. SUFFICIENT PERSONNEL Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing, on schedule, afl work required under this contract. CITY-FURNISHED EQUIPMENT City wiil 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. �,h : Y h.,7"'Ye � �y `�fyCr' M' � � i�M`:� syyyILy�f:' .'� . ,., ,.._. _ _ �. ,. :.,, ,.<.., �, _, .f r� . . .. .9..�3�,��N.k`�,Fi':.. ��V��`�+S��N��..'fi^.ef'a��,�� .. y,� Contract No. C33060 CONTRACTOR IDENTIFICATION Contractor sha(I 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 aiso 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). 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 may implement a fine of up to $100 per day per incident until the deficiency is corrected. 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 vehictes or empioyees. In the event Contractor fails to perform contraetual 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. . ..,._ .. , , . , . . .. , , _ , �1 � _ t!�rYS;-' ��"�,'^ f. � f.; ;,C'_ _ mx��y�. . ��:r.d' Y,a-w�_ g �C� a �„�... �,..f.' �. ,..r�:i-�f�,';� F.,.,A, ,_ ��.�-.., �..`�ft""�ry�`��„�'t�,�rk�`rrr'�`��r,..�i.Cr��.+`a-�'��`»"�'a',��,��.�"�,�k#�,'�'��%�.�r�,r�r� ��a,,, ., . ., . ... � Contract No. C33060 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): Weekends (Saturday) Weekends (Sunday): City Holidays: *6:00 AM to 7:00 PM **8:00 AM to 5:00 PM No Work No Work October 1 through April 30 Weekdays (MTWTF): Weekends (Saturday) Weekends (Sunday): City Holidays: *7:00 AM to 5:30 PM **8:00 AM to 5:00 PM No Work 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. . , � . . .. , `¢ ��,?a�i�,` .r � ,��G�,,��,«�.s�i�,.'6 . � ��r�s ;sf�- 'M.� c'r� . � �" ,2,< ��•y:� n„ �}y , , .. ,�.� , „. „ , _ ,. . ._ , . . .� . ?;^,!�.'�;�`,�..��,._,"��`:;r.,�.�'.St�,.� .:b'�,,:.��f`.,�:F,__, ,�z4�vsr �:�,. .�t'i�`�,'�.�„'��'�x _ ., , .�i� Contract No. C33060 CtTY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2 PROJECT NO. 902-13, CONTRACT NO. C32600 SECTiON 2: SPECIFICATIONS SPECIFIC TERMS AND CONDlTIONS PROPOSAL LOCATIONS 1. Monterey Avenue medians, Country Club Drive to Hwy 111, and parkway planter at west end terminus of G�aadalupe Ave 2. Fred Waring Drive medians and parkway: • Ail medians east of Cook Street to Washington Street � North parkway pianters between Warner Trail and Tennessee Avenue, inciuding planters and cobble areas west of Tennessee • AI! 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 � 11 and Fred Waring Drive 4. Cook Street medians between Merie Drive and Country Club Drive 5. Hovley Lane East medians: • Between Portola Avenue and Beacon Hili • From Water Way to 600' east of 4asis Club Drive • Kansas Street Retention Basin located at the southwest corner of Hovley Lane East and Kansas Street 6. Portola Avenue median and parkway: • Median between Alessandro and EI Cortez � East side parkway planter between 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) 19. 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 befinreen Monterey Avenue and Deep Canyon Road • Parkway planters northwest corner at Deep Canyon Road • North wall parkway planters from San Pascual Channel Bridge to Portola Avenue • South wall parkway planters from Rutledge Way to Deep Canyon Road • Bike path between Whitewater Channel and Canyon Crest development perimeter from Deep Canyon Road to Cook Street including adjacent planters from black wall to chain link fence 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 „_. , - .. , .� ....j��}E° � p��`�',� � a�'� b' - fi �'1�;`'nvK �a�s' ;� -'�R� z�"r�c,.n� ti � �{ ».�x -+� ��, �'iE,ro3yv sf•�Er�� i e�_ ., �' . ,�_ , . . , ,�i� .� _. T'�. . ..T, .,�.y�, '3.�: �"!W , , ! r :"� n;�� . � . �. , .., i,. . �'�,.�$'S�uF, . �.ry . ,,.�'.:.i4�pr� ,, , � Contract No. C33060 SCOPE OF SERVtCES AND TERM OF CONTRACT 1. Contractor shali provide the necessary manpower and equipment to maintain the areas listed in the specified focations, at the level of maintenance and service defined by City, for a period of twenty-four (24) months commencing on July 1, 2013. City has the option of twice extending the contract for one year, based on the performance of the Contractor and by mutua! 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 al! landscape materials and hardscape structures as designated in the follawing specifications and per the Frequency Schedule. 2. Contractor shal! 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 wafk-through inspection of the contract area. It is Contractor's responsibifity to identify to City unacceptable conditions with plant material, trees, and/or irrigation systems at the time of the waik- 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 al( 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 and fertilizers with pre-emergents. Fertilizer will be supplied by City. Fertilizer with pre- emergents will be supplied by Contractor and reimbursed by City. 8. The application of fungicides will be performed outside the scope of this contract. - �ss;. ' T,{.�rV.r �x'.�v�ri:, v„Z:;.S �' M'rY' `S:i��'„"v��'Ci? y',i k.�'tu�f _'Y.ty�,�,'.?.."i.�:"' 4k a3 S"5" „`G,;.r y�, . ,�r.,,: _ . , , .., ., .,,,_ , , ..�, .� �., . ... .��' �.,�y��u�'S� �� M�'�,'�.;"��..`°`;ax3a��,�`��;��a�';��`'��.'�"�''��`��,. �f"� Contract No. C33060 9. Montny roporta 1�or irri�atior►, green wa�s, and ps�ticide applic�tion anau be submi�ed no tater than ths �irst Monday of esch month, hx the prooeding monrit. a. Ttt� trti�tlon NlOnthly Report sh�q Mtclud�, but not neaeasarily be limrted to, tt�e foltowin�: da�s, irri�etion t�chnician kfsnti�ica�on, site identificetion, c�ntrolter and vah�s �cation, dsecriptiion o! service and/or rep�air, statement af piant ms�teriai cw�didon as r�tes to water needs, sr�d a aectio� far �eral notes or comrt�enta. b. Ths Graen Wa�te Monthly Report aubmilttal shall �duds ths preen wasts feciNty tippin� tit�cArt. The tipping tidcdcet shall bs dsarly le►pibis snd ahsll contain the name and addr�ss oi the wa�te faciliht, ths wripht, and the Cit�►'s n�a�ne. c. 1'hs Pe�ds App�cstion MoMhty Report shsA consiat o�1 a c�opy of the moMhly report s�mitied to the Riverside Covnty Apriauiturai Commi+�ion�r or, in the c�e of no pestic�ds epplfC�tions msde, s�t to that ettect m the form of a Istte� ar memorandum to G�y. SAFLT�f AIrD TRAFRIC CONTRdI Contractor �hall canpty w� the 3te� of Cediiomia �md Cel-OSMA Saf�tyt Rt�ss and Repulatior►s and ths Americsn Nabonal Standsrds In=Mute (ANSI) 2133.1 standarda. Cor�actor sheN supply all delinesqon, �nit� end clOtit�ng as required by 1h� State of Calit�omi� p�partmerK of Tran�portation. CONTRACTOR aheli provids and maintain work zane traf�c aantroi devices at ali �mes in accordana with the WATCM Manu�l, the Celifomia MUTCD, and as dirs�tecl by the City Engine� (°ENt31NEER") or his de�ignee. When requ�ed by EN�3tNEER +or when c�ntra�cbsd activ�ies requiro a traffic co�trot setup thet doss not coMorm to standard traAic c;or�rrot tayouts as det�iled in the WATCH Manual, then CQNTRACTOR � bs roquirod to submit projact tr�ffic control ptans f�or revisw �d app�roval by CitY. Minor adjustments af the tral�ic c�ntrot set up may be made in the fietd with prior epprov�l from ths Cihl In�or. N CONTRACTOR proposea suf�'�ant chenges to the traffic cor�roi fRwn COtVTRAC74R shatl submit �kema�e trai�c c�ortttol plans tor review and approvsl by CITY. if the ctoain� or opening of s�treet (e+ther partialfy or iuily) wilhin the City of Palm DeseR is approved by ENGINEER, CONTRACTOR aha!! nadify the City lnspector asaigr�ed to the project at�d Iocal suthorities at least tvrentyfqur' (24) houra prior to the scheduled dosin� ar oper��ng. Ai no tirrw is any buainess or rs�idence to be without acceas uniess otharwise approv�ed by ENGlNEER. CONTRACTOR sheN notify r�kients or businessea of rostric:ted atx�ess forty-�Npht (48) hours in ativanve ot t�onstrudion s�dvitiss. A minimwn of one (1)12�t (12'� travel tane in each d�ection sha�l be maiMained at all tirn�. . , . _ Y��„ . ��w, *.;f,,..�,. .. . < . ... . . .. . ..... . .. . . _ Contract No. C33060 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 instaHed 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 shaA be retro-reflectorized and shal! 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 contro) 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. 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 uniess other arrangements have been authorized by City. Contractor shatl recycle all green waste removed from City landscaped areas at a County-licensed 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 shal! submit verification of green waste disposal in the Green Waste Monthly Report. SCHEDULES At the pre-contract start-up meeting, Contractor and City staff will review the Work Schedule submitted in the Proposal and discuss any modifications. This schedule will be considered the permanent schedule. If, during the first thirty (30) days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. Contractor shall adhere to the schedule. City must receive notification of changes at least 24 hours in advance. . �. . . .,, .. _. .. ... . ..� , ..:.�,� , .." _�Lz��.. r, . . ,_ ��'��'� ,.�.°xt��"�i ��,�`�'��'��.z. ,�'e �+�5�t��a��;� 4 � ��+� �z, � . � ; u?-� � '�, : ,'. , . ,'� ,.r,._ Contract No. C33060 LICENSE AND CERTIF1CATiON REQUiREMENTS Contractor shali possess ail 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 responsibifity and liability for use of all chemical controls and shall at all times perform chemical applications in accordance with governmental regulations and industry standards for their safe and appropriate use. At the time that the Proposal is submitted, Contractor shall possess current licensure and certification as follows, and same shail be maintained current and valid for the term of the contract: • G27 �andscape Contractor License • California State Pest Control Applicators License (QAL) for chemica! 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 pertormed include the following: Plant Litter and Trash Control 1. Contractor shall remove and appropriately dispose of all plant litter (broken branches, broken limbs, excessive leaf-drop); trash and/or paper, cans, bottles, broken glass; dog droppings and any other out-of-place or discarded items. Plant litter includes plant debris caused by extreme temperatures or high winds. 2. Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of their contents and replace the liners (City-provided trash bags). Contractor shall wipe surfaces clean. Pest Control 1. Gophers will be controlled on an as-needed basis using City-approved traps. Ground squirrel control will be performed on an as-needed basis and is outside the scope of this contract. 2. Ants will be controlled on an as-needed basis. Fire ant control is outside the scope of this contract. 3. Contractor shall immediatefy report any bee activity (swarms or hives) detected. Bee removal is the responsibility of City. 4. Aphids will be chemically controlled on some oak trees, and fruit set chemically controlled on some olive trees. (Approximate counts are: �MA 1- 26 olive trees; LMA 7- 22 oak trees; LMA 9- 47 oak trees; LMA 16 - 6 oak trees; LMA 9 7- 91 oak trees; and LMA 18 - 17 oak trees to be treated.) These trees are located adjacent to parking lots, sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended chemical treatment and the schedule for its application must be reviewed and approved in advance by City. 5. City, at its discretion, may require from Contractor all Material Safety Data Sheets, pesticide labels, and Pesticide Control Advisor recommendations for any and all pesticide applications perFormed. 6. Contractor shall provide monthly control and/or eradication of all weeds. � ' j � + y� �� > t, , „� t , s ,. ,. � . _ „ _ i ,��y'Y . ,., �. ��i��,', , _.. � .. ,z'b . . ,_. �:?"�, , t . ., �"M, . . , � �� Contract No. C33060 7. Areas to be weeded inciude: planters, gravef and decomposed granite areas, sidewalks, curbs, expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees. 8. Mechanicat and/or chemical methods of weed control are acceptable for annua! and perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be controlled by chemical means only. 9. Contractor shall remove any debris generated by the weed contro! process after weeds have bee� sprayed and plant death has occurred. 10. 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. 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. Dead or weather-damaged plant material shall be pruned or removed under direction from City within one month af notification. 4. 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 suppiy additional reference materials as City deems necessary. 5. Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and groundcovers. 6. Specific high-profile areas have been seeded with wildflowers. City staff will identify these areas to Contractor. It shaN 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. 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 �� , � _ '�!�p � �'� ..,, � 5} � . .. . u,.! � ��,, �b.��s�'k�� K;� �� f _e �`+,k�`�,�','�;-� ��K{ _ ��!� µ??��,.�_ .n"�� . �.,. r , _ f �,71, � ,-�` s. << ., Contract No. C33060 performed outside this contract. Contractor shall prune fronds, flowers, and seed pods on ali palms that have six feet of brown trunk or less. 3. Tree branches shaii be pruned as needed for traffic and pedestrian safety. Sidewalk ciearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Trees must be maintained at seven (7) feet from playground equipment. Any braken, 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 shal! 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. Turt Maintenance - General 1. Ali 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 3/4" 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. Baseball and soccer athletic fields shall be mowed with reel mowers and vacuumed after each mowing if deemed necessary by City. 5. Baseball and soccer athletic fields planted to perennial rye grass will be mowed once per week and when fields are predominantly Bermuda grass they will be mowed twice per week on non-consecutive days. 6. All non-athletic field turf areas will be mowed weekly and may be mowed with rotary mowers; however, if City deems that the finished turf surFace is irregular, aesthetically unacceptable, or if it creates a potential public safety issue, City will require the turf area to be mowed with a reel mower. Excess clippings must be evenly disbursed, leaving a regular, aesthetically acceptable and safe turf surface. 7. Detailing and edging of turt shall include chemical and/or mechanicaf detailing using a string trimmer or an edger around buildings, sidewalks, mow strips, paved areas, vaive boxes, goai posts, light fixtures, fence lines, wails, 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. 8. Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergents. Fertilizer will be supplied by City; Contractor wil! provide fertilizer with pre-emergents and City wi!! reimburse Contractor at "cost plus 15°/a." Contractor shall apply irrigation immediately following any fertilizer application to effectively wash the product into the soil. 9. Mechanical core aeration shall be pertormed to a minimum depth of four inches (4"). Cores may be swept or mowed and dispersed during mowing operations unless otherwise requested by City. Turt Maintenance — Overseedinq 1. Turf areas designated for overseeding will be indicated in the Frequency Schedule. ,Cn �. ' f e i Y�f" �'.Y�f'� J� n � -k�� r �,�`,�"��, , �,p�,`� "' r�i� 1 r� v "� �`a� - �t a� � "�� `�4;��'��i��s��;_,` ` , s;.�' ,; , �.��`al�� a[+� w ,��„,,� � � .. ,. . �?. _,�.,��x. ,.��? �, ,`� .r, . Contract No. C33060 City will provide specific dates and times for overseeding scheduied based on the use of each facility. 2. Contractor shall begin lowering the height of the turf during the scheduled weekly mowing approximateiy 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. 3. All grass clippings generated from this process will be vacuumed, swept or raked after each cut. 4. A light irrigation syringe cycle wi!! be applied before the fina! cut to keep the dust levels to a minimum (per Coachella Valley Association of Governments guidelines). 5. Actual dates for the final mowing wil! 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. Should Contractor fail to complete mowing or renovations during weekdays, Contractor shall adjust the schedule to work on Saturdays at no additional cost to City. Advance permission to perForm work on Saturdays is required (see Section 2, Page 11, Hours of Work). 6. City shall supply grass seed. It witl 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. Turt 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 iDG) 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. Daily sidewalk cleaning shall consist of removing debris from sidewalks by blowing or sweeping. 3. Contractor shall rake planter areas. Contractor shall not rake underneath fiving 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 shail re-establish an appropriate grade to the satisfaction of City. 4. Using pressure-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall pressure-wash monuments and signs, sidewalks, curbs, gutters, drains, benches, dog park fixtures, drinking fountains and miscellaneous hardscape fixtures. 5. Pressure washing at dog parks must include the use of a City-approved biodegradable cleaning agent. 6. Contractor shall remove litter and debris obstructing spillways and their associated drain grates. , �,,. . .�,,�..srx�;� �4"� i`�i:tR'-: _„y ��e,i,-p"5 -:�a^. �•%u' q �,;:,^'t.•::;f ..s�� .: .. .,. ,. , _ ,_.,., .. ,. ,�,�i�^�'e}kR"�n3'��"i��qm.,��."+��'��,,.°"� ��i' ��y��,`4aa�a�� ,r � u� r, "��.:.�a , � r...�.; ` . Contract No. C33060 Irriaation Svstem Main#enance 1. The operation, maintenance, and scheduling of ail irrigation controllers and attached sensors shall be the responsibility of City and at no time wiil Contractor make adjustments to a controller, sensor equipment, or schedule unless otherwise directed to by City. 2. Ail 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. Contractua! irrigation system maintenance includes a!! labar for system inspections, adjustments, and repairs for al! system components from the discharge side of the valve including all latching actuators. Contractual irrigation system maintenance from the valve to the point of connection at the water meter consists of inspections; any repair work wil! be considered e�ra work and paid accordingly. Adjustments and repairs shal! include: a. Valves: electrically actuated irrigation control valves, quick coupler valves, end )ine 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 wiil be activated from the irrigation controller, not from the bleeder valve. b. The electrical circuit from the irrigation controller to the valve will be checked for proper operation. c. Fi�ter 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-contractua( in nature, Contractor wiii 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 biAed 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. ,v, :`'°r�i�,' ::�h�'�:X^: "�4;,.'S,'�'fi�:=x`a,=��t3':• r�:§.;n->'Y;;t:•f,y'.i'k-r- ;'t*, - ��a;� t r f� � y,,.-�,�;+?F�"'� �,��+;a.`�"� ' k;,��.;a,�,Nu�u.;��`;�..a:<�°`�'.;�,rr�•,' :,�' . . , , � . . , , >...�.. .�. _ ,.�. ., :... .. . . ... . . �`�, , , `",. ,�'"�s,��,�'�,. v;��x�.�,.�`�.�.-� ,s.. . , �'.;.,�i°�;,"'' y°k,.v.. ., . ,.� Contract No. C33060 Performance of Extra Work 1. Contractor shali not perform extra work without City authorization. Authorization shall be in writing, on a compieted City Work Request Form, and signed by an authorized City representative. 2. Additional Work labor shall be paid at the hourly rate listed on the Additional Work Pricing Schedule unless otherwise agreed upon. 3. Additional Work materials shall be paid at the rate of "cost plus 15% mark-up." 4. Invoicing for Additional Work shall include an itemized invoice describing the unit cost and/or labor hours at the contract rate, materials costs, and copies of materials invoices from the supplier(s). - _�;.. .�. �.u"�^a,°w. ,��,"a4' - "s,� .`��„�",�. .�,�_ ...G.� A_ ��-.m,��,;,�.tip,.Y l;A�_., _ ,... . ,. . _ .,,. ., ,� . ,_., r .. _ , . , ., .ii?;a��,��,v?,��;. ��s=�'�,a��Y��r�$� st`"�.�„"."":f.'3,.�s�` „? , ,� . _ ^''� Contract No. C33060 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4 PROJECT NO. 904-13, CONTRACT NO. C32610 SECTION 3: ATTACHMENTS Attachment 1: Work Schedule ",��'� � u�`:."`� �w '} x.�`s�� ,,e; i�7r ��i 3 �i,��n Contract No. C33060 LMA Contract Work Schedule Legend Days: Weeks: Month: M = Monday T = Tuesday W = Wednesday Th = Thursday F = Friday S = Saturday Su = Sunday W1 = Week 1 of the Month W2 = Week 2 of the Month W3 = Week 3 of the Month W4 = Week 4 of the Month W5 = Week 5 of the Month Jan = January Feb = February Mar = March Apr = April May = May Jun = June Jul = July Aug = August Sep = September Oct = October Nov = November Dec = December FREQUENCY SCHEDULE LEGEND "Cheat SheeY' A B C D E F G H I J K L M N O � P � Q I R Is � T � U � V � W � X I Y Daily, 7 days per week, by 1:00 p.m. Daily, Monday through Friday Daily, before close of business (5:00 p.m.), Monday through Fridav Weekly, before close of business (5:00 p.m.) on Friday Three times weekly {Monday, Wednesday, Friday) Bi-weekly (every 2 weeks) Monthly (12 times per year, every month) Bi-Monthly (6 times per year, every two months) Quarterly (4 iimes per year) Semi-annually (2 times per year) AnnuaUy (1 time per year) Seasonal As needed to maintain plant material health and/or public safety As needed October 1 to April 30, once monthly; May 1 to September 30, every 2 weeks; except turt and annua! color areas which are always weekly Monthly, from May to October (6 times) 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 10:00 a.m.; June 1 to September 30, once a week Dai(y, before 7:00 a.m., 7 days per week Weekly, on Friday, by 6:00 a.m. Continuously November 1— March 31; monthly April 1— October 31 Weekly April 1— October 31; monthly November 1— March 31 Daily, by 1:00 p.m., 7 days per week Daily, by 1:00 p.m., Monday through Friday Twice weekly on non-consecutive days Contract No. C33060 CITY OF PALM DESERT LANDSCAPE MAtNTENANCE AREA NO. 4 PROJECT NO. 904-13, CONTRACT NO. C32610 SECTION 3: ATTACHMENTS Attachment 2: Frequency Schedule ., d� r, xa � � , � t ��,� ,v�$� s °�}. i a p+h+.t *d";� i � s +k �•:,W §` �,�:, . ��+,��,sasza..� �.5,��-F..;r�-�'�-*� Contract No. C33060 LANDSCAPE MAINTENANCE AREA CONTRACTS 2013 FREQUENCY SCHEDULE LEGEND A Daily, 7 days per week, by 1:00 p.m. 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 times per year) 1 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 Apri) 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 Apri) 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.;lune 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 Continuously November 1- March 31; monthly April 1- October 31 V Weekly April 1- October 31; monthly November 1- March 31 W Daily, by 1:00 PM, 7 days per week X Daily, by 1:00 PM, Monday through Friday Y Twice weekly on non-consecutive days Contract No. C33060 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2 PROJECT NO. 902-13, CONTRACT NO. C32600 SECTION 3: ATTACHMENTS Attachment 3: Map(s) �� z' .t r.' -x S a ."^`; �t s � y. :�� .. � �."i �dS �,s � � ? � �� .�:� Contract No. C33060 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4 PROJECT NO. 904-13, CONTRACT NO. C32610 SECTION 2: SPECIFICATIONS GENERAL TERMS AND CONDITIONS INDEMNIFICATION To the fuil extent permitted by law, Contractor shall defend, indemnify and hoid harmless the City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by the City, court costs, interest, defense costs (including expert witness fees), and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of, or arising out of, or in any way attributable in whole or in part to the performance of this agreement. Without affecting the rights of the City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless the City as set forth above, for liability attributable to the sole fault of the City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnif'red for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to the City, if that liability is less than the Sole fault of the City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub-tier contractor, or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contra�tor fails to obtain such indemnity obligations from others as require here, Contractor agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth herein is binding on the successors, assigns, or heir of Contractor and shall survive the termination of this agreement or this section. INSURANCE Without limiting Contractor's indemnification of 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, �"; �rs } i ^" f��y�.,�� ..�S�i W�?� �+ �f� �"""�y�y� �.� �, � �rti n r.� -,'�` 3''i�`� �S '�-�� }�,,,�,'��v �.�,3�+-. � x , .. ,_e ,.. �y � ,�°� Tn��,?!,.��._-Y.: ' , 'kit t�'t. , d ., � � .�.,.r ,�. _ .., . ��"� , , . .�, ., . , , , .#�;�'�.„. ,z�t,�''�'s,,,�"r�'f:'�� t+`�`.,. y...w ,� �; , Y } v, ,� ,r-.,� .i,.�. r Contract No. C33060 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, inciuding without limitation, blanket contractual liability. Automobile Liability Insurance: Contractor shaH 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, ir►cluding 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. Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subragation endorsement in favor of City of Palm Desert, its officers, agents, employees and volunteers. 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 and property damage liability coverage at teast 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 thatwould 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; and • Policies shall "follow form" to the under(ying primary policies. • Insureds under primary policies shail aiso be insureds under the umbrella or excess policies Other Provisions or Reauirements Proof of insurance: Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement or workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of perFormance. Current certification of insurance sha!! 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. Duration of Coverage: Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his/her agents, representatives, employees or sub-consultants. � � � , ,� � � � � ,.� . _ W . . . , � ��. � . s�� ,; , - 4,I e � �'�,�2.� �'�>��'��'�� t�,�,�°L�.s"%� af4 " ��`! �'�,:�` ��t+v�. �. , �� :� , ,>. :�.. s .� Contract No. C33060 City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City wiil 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 palicyholders' Rating of A- (or higher) and Financial Size Category Class V!I (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 of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, 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 only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers io provide to City with a thirty (30) day notice of canceliation (except for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each required coverage. Additional tnsured Status: General liability policies shall provide, or be endorsed to provide, that City of Palm Desert and its 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. �3 w � �'� '�v �s �, x s ;r'ri�`� �7`� �a 'ax� 1 '- . , .. _ . �� . . . , , ,. ...e.� , _ , � � �,.' ��`� �� ?��'i ��, �� O�F „s�;•'S '� ^°��,�u,�`'r i �'�iv� `�va r'� n� �.-�� ' � a . . . Y � � � , , � � ,� � � �.:.-'��`�� '�� ,��'� � r ..,;� �, Contract No. C33060 Self-Insured Retentions: Any setf-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or repiaced by a deductibie. Self-insurance will not be considered to comply with these specifications unless approved by 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. 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 CALI�ORNIA 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 di(igent 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 proteetive covers securely fastened. Contractor shall operations make or property. ase such foresight and shail take such steps and precautions as his necessary to protect the public from danger or damage, or loss of life 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 contraet, 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 ... . . _ ,... . . ,, .. , ,... .. �s, h' d�n �,n .�'�,�';�b,�:iT :�"yiw�'ki;":.''+µ"`� ..,y.v1.�;r.<3�;�,:�a:i"'�,;! -ia��rr,r�:l'?="t'�air�»;.�i,��i:opfi':_7"},�:'?�C�J1v;�<^;�.y, ,�.,, � �� .', . .i��., . � :. .-.:.,.._. , �, „�. ..,,,��4,..�. ., . �.' x�,t ,� `''�,�§�,,t,.Cm�si��r�r ... . iP' Y7t�n��e� %� �E aW yr] �Y.`�.'"�`"'",d�=.�� .. , .� , ., „ ..,,,.. , i .,^".� i I};2,",�' �e , . . F� � R5 , 3: � Contract No. C33060 Director of Public Works or his designee, then said cost and expense will be paid by City and shali thereafter be deducted from any amounts due, or which may become due, said Contractor. Faiiure of Contractor to take such precautionary measure shall not reiieve Contractor of his full responsibility for public safety. Materials, equipment, and debris shaN be stored so as to not create a public nuisance. No materials or eqt�ipment, nor debris shall be stored at the project site without prior written authorization. Contractor sha!! design, construct and maintain a!! safety devices, equipment and vehicles in conformance with 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 shal( 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 sha(I keep streets within the work area clean at all times. Any cieanup performed by city crews due to poor c(eaning practices shall be charged to Contractor at overtime rates. Contractor shalt remove from pubiic 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 surtaces, 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. � . . ,.��, ,-.�, r�� ,�,{.,�i�, ..<-� ._ , , .,,, �fi�� ,�;� ,'�:,:+.�; F .� :� r -,,. �„ �tr��y.��'��;1t"�``{�k��`;`sd�..z�. �'.,:�r�, . ., , ,. . , ,'. r� Contract No. C33060 CONTROLLING EMPLOYER The Contractor shall acknowledge that for the purposes of maintaining compliance with all California OSHA regufations and Standards they are the "controlling employer" for al! their work sites. CONTRACT ASSlGNMENT Contractor shaN not assign, transfer, convey or otherwise dispose of the contract, or its right, titie or interest, or its power to execute such a contract to any individual or business entity or any kind withaut the previous written consent of the City Council of the City of Palm Desert. NON-DISCRIMINATION ln 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. 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, Cantractor 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 sha(I carefuily compare such field measurements and conditions and other information known to Contractor with the contraet documents before commencing activities. Errors, inconsistencies or omissions discovered shail be reported to the Director of Public Works or his designee immediately. TiMELY EXECUTtON OF AGREEMENT The Proposer 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 shal! be made in the form adopted by City and incorporated in the specifications. FAILURE TO ACCEPT CONTRACT If the Proposer to whom the award is made fails to enter into the contract, the award will bs annulled, and an award may be made to the next highest scoring Proposal, and that Proposer shall fulfiU 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 contra�t. A preliminary work schedule will be required at this meeting. r �� r�;�t� y�; � t s"`.-'"k t'`;�as�,��,�� , �'h mr�x '�'�,� �r p�� 'u, b S�y r ,.. ,.. ,. , '?�r . ._, . ; � .. _ .,. .. , . :�. . � ,.. �_ '�� ';�5 �� 3„?"� .. ��r� _. � ,� •z*;��u�'�";� !+W1�! Contract No. C33060 ENCROACHMENT PERMtT Before commencing work, Contractor shail appiy 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 Ordirrance requires that a Business Tax Receipt be obtained before any business or trade is conducted within the city. City will obtain verification that the Proposer has a valid City of Palm Desert Business Tax Receipt prior to the execution of the contract. LABOR ACTIONS In the event that the selected Proposer 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 Proposer is no longer the selected Proposer and to accept the next acceptable highest scoring Proposal from a Proposer that is not experiencing a labor action, and to declare it to be the selected Proposer. 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 and serves as a staging area for equipment, personnel, storage of materials and supplies. The local office must be located so as to provide a one-hour response time to the City. MAIN OFFICE The main office has the same requirements as a local office as defined above and, in addition, is the location that conducts central business activities for the Contractor's entire organization. A branch or regional office does not constitute a main office. SUFFICiENT PERSONNEL Contractor shall furnish sufficient supervisory and working personnel capable of accompiishing, on schedule, ali 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. +� - h' �:�""ar � �.,� F> ��,�,��. ,,�� n �r ��,�,�r�r�„ �> �`^p'y �rr E^�;' , .: .� y�a,^��. '. - . ,. ., _, ��'� , .. f,� ,� , ,,,35�` "�'"�"'a��•,r:��4.,�':�r�-s�.,,��'�,�,�?� '��Sr'��s`,�`,a�, ��'�,y'�_�',"� :", , ,. „� Contract No. C33Q60 CONTRACT�R iDENTiFICATION Contractor shail insure that aN 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 thiriy (30) days from the receipt of an original invoice, revised reports and acceptance of materials, supplies, or services (Net 30). PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT 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 may implement a fine of up to $100 per day per incident until the deficiency is corrected. The following describes deficiencies: 1. Failure to comply with contract specifications. 2. Failure to comply in a timely manner with contractually fegitimate 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 scheduies. 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 aA associated charges shall be the responsibility of Contractor. INSPECTION OF THE WORK lnspection of the work wil! be made based on the submitted and approved work schedule. Inspections may occur with or without prior notice to Cantractor. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by City. �.p�=: �, �,< .�.� .u;��' >�:�,:��,_ �4. ��,;_„ �� '�d;f�s 5��-es`';Y�: y�?,,,r" '"�"� � .,,... ., , .. ,. ... . .. . „'{�,cs'';��;��.,��"��`,��,.��'��,�,„�*��,.��,��ra.:.,�i,�'�»��''.,�� . �-z�., xa. s�t a ,m.� ' Contract No. C33060 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 fuN force and effect and shall in no way be affected, impaired or invalidated. 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): Weekends (Saturday) Weekends (Sunday): City Holidays: *6:00 AM to 7:00 PM **8:00 AM to 5:00 PM No Work No Work October 1 through April 30 Weekdays (MTWTF): Weekends (Saturday) Weekends (Sunday): City Holidays: *7:00 AM to 5:30 PM **8:00 AM to 5:00 PM No Work 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 deve(opment 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 ho(idays. y..y., .�f� ,;x,,;,tiyy5:;aa;'f'ti;�Ei;�?�f3e�,�o',:,tt=;.�;Y,'�''�'e'c;i��;i'S�':;1.?��- �� t'"�S'e;�f'�pr,:��i'4- �4',rs�'ri`,�':�,,�:��i;Sfii;: � .. _, .� _ , . � , . ,,:t�i '� , - e _�.� t`"��.a�.k's+d�'�r 3�'�.+�.��'� §�i�` V o- A �..�� ,. . a�, + , . tt. , � „ . . . � , s`� rx„��,,t� � ?,...�,. ��-F�* �'>4N,�n:. "'„�� ,� t..,r ,,i,c�;�.., , Contract No. C33060 CiTY OF PQLM DESERT LANDSCAPE MAtNTENANCE AREA NO. 4 PROJECT NO. 904-13, CONTRACT NO. C32690 SECTION 2: SPECIFICATIONS SPECIFIC TERMS AND CONDITIONS PROPOSAL lOCATIONS Monterey Avenue medians and planters: • Medians from Country Club Drive to Dinah Shore Drive •"Pork chop" planter on northeast corner of intersection at Country Ciub Drive •"Pork chop" planter on northeast corner of intersection at Dinah Shore Drive 2. Country Club Drive medians, planter and parkway: • Medians between Washington Street and Monterey Avenue • Excluding section along north perimeter of the Villa Portofino development •"Pork chop" planter on northwest corner at Washington Street • Parkway between 74-200 and 74-350 Countty Club Drive 3. Cook Street medians between Country Club Drive and Gerald Ford Drive 4. Frank Sinatra Drive medians between Monterey Avenue and Eldorado Drive 5. Dinah Shore Drive medians between Monterey Avenue and Key Largo 6. Gerald Ford Drive medians and planter: • Medians between Monterey Avenue and Frank Sinatra Drive •"Pork chop" planter on southwest corner at Cook Street 7. Washington Street off/on ramps at Interstate 10 (refer to map) 8. Portola Avenue medians between Desert Willow Court and Gerald Ford Drive 9. University Park Center medians and roundabouts: • College Drive medians and roundabouts between Frank Sinatra Drive and Portola Avenue • Pacific Avenue medians between Gerald Ford Drive and College Drive • University Park Drive medians between Cook Street and College Drive • Technology Drive medians between College Drive and Gerald Ford Drive 10. Academy Lane East: • Planters on Shepherd Lane and Portola Avenue to extend of boundary 11. Windflower Court: • Planters on Shepherd Lane and Portola Avenue ^^�• - .�;_,y3,-�S�'�,'�;�`u�?��;.i�-:`;�,;�rti"�,'?,'F�'��!."';:�.��`�.' :�°„�':�,:ur°:?5ti:r�.�;,�+'_ x x":s.'�'��::M 'x;r•.r:.,4.,,,�: •;' , _' . � ' �N,, ,. , ' ,. • .��r.,nr a �'�, M, 'r� ,�r� �te "z��`� � ,� tr�=?��'� � � "'� �. ,.,. . ,� ,+�, , ._ -, _ _, ...-,_ , . ��, ..,. .., , r , � r>.-r: ��,..r,!�.�".,+, �r.,, . ,.�r,.�...� w�a, ; '�'�;�'��r,�9�'�. ��..�Ax,a ., � � Contract No. C33060 SCOPE OF SERVtCES AND TERM OF CONTRACT 1. Contractor shall provide the necessary manpower and equipment to maintain the areas iisted in the specified lacations, at the levei of maintenance and service defined by City, for a period of twenty-four (24) months commencing on July 1, 2013. City has the option of twice extending the contract for one year, based on the performance of the Contractor and by mtatual agreement. The work sha!! 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, unacceptab(e 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 iabor 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 shal! pruning and tree accumulated. remove debris caused by all maintenance activities, including maintenance, on the same working day that such debris is 7. Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergents. Fertilizer will be supplied by City. Fertilizer with pre- emergents will be supplied by Contractor and reimbursed by City. 8. The application of fungicides will be performed outside the scope of this contract. ,,�.., „� 'n,b'. .;�'�;'f�£;.� a'n'::;��; s;,f+�:i`��',�4".ri;;;`v` �":✓i?;t.,,ri�,�._,,�..;r,�-1>vv.r.wx';.^�t'd.r',a';,-�•�.x�c;;� :�n, . , , . , . , � .. ..,. .. " � ' S' .Sf r � � ��Z � � �� i r � � � �� ,.,�.,�-,.., . ; „_. , .. . ... . .. . .. ...�.-, ., _ ,. ;� _... ,�, ; ��.,�,,,' _s,:..�x,tn �� a,.'_;<'��..3,�� xwtNur�,��,{{'_ 3 , Contract No. C33060 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 sha!! 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. 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 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 tra�c control set up may be made in the field with prior approval from the City (nspector. If CONTRACTOR proposes sufficient changes to the traffic control then CONTRACTOR shall submit aiternate tra�c control p(ans 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, C4NTRACTOR shall notify the City Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the scheduled clos+ng or opening. At no time is any business or residence to be without access unless otherwise approved by ENGINEER. CONTRACTOR shal! 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. `��";gn '"yF'�t�i�� 3�' '�.�` c�,�"xv.N` Y'�s,�j��` v,�f`'s,5f `�43�� d�[v �'l�f F, . ..��`..�. _ ,� .. ,. ._ � . ........ .. ..n, �.7s."�� . �:'Jc+tt��„'�i,'�;t�`r,�.7.�::.tC"�'�rF:��' M?�^�, � �r,`„'�;',��`'..,�', , ,v',`,� Contract No. C33060 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 safeiy route pedestrians around the impacted area. New or like-new traffic control devices as approved by the City Inspector are required. Ali traffic control signs shall be retro-reflectorized and shall conform to the City of Palm Desert's specifications. Installation shall conform to the WATCH manua! and California MUTCD. No reduction of the traveled way width shall be permitted before 8:30 AM or after 3:3Q PM unless prior approva! in writirtg is obtained from ENGINEER. Compensation for providing work area traffic control shall be considered included in the contract price and no additiona! 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. 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 shail recycle all green waste removed from City landscaped areas at a Counfy-ficensed compost faciiity. If any compost is used in the execution of the landscape maintenance contract, it must be from a faciiity 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. SCHEDULES At the pre-contract start-up meeting, Contractor and City staff will review the Work Schedule submitted in the Proposa! and discuss any modifications. This schedule will be considered the permanent schedule. If, during the first thirty (30) days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. � :5" ::s�"»:�'i�. �..x�;�;. y:r.u,� ..�N},�...; �s: 4"}.Y'' 's�a' t�-hN`:6r5,.."�,�.;�.�:^m�. . �+ �wf �, ��s �TM..�a�iFt�,�3��'� �j'm��/� �'6�.� '"tc� �? �'M!`�,` #�h r ' t, ._ . ._��F , . , ,,, . . ... .�. ., ,. _, . ,. ._. ... � .�::i��.;�� Fr., ;�r�t,'�a5't"rr , rr,r�*'.�.� ; 'i^i'_. :.*�.+�. , `ik'... k, � � Contract No. C33060 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 iicenses 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 chemical applications in accordance with governmental regulations and industry standards for their safe and appropriate use. At the time that the Proposa! is submitted, Contractor shal! possess current licensure and certification as follows, and same shall be maintained current and valid for the term of the contract: - � G27 Landscape Contractor �icense � 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. SPECIFMC 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, broken limbs, excessive leaf-drop); trash and/or paper, cans, bottles, broken glass; dog droppings and any other out-of-place or discarded items. Plant litter includes plant debris caused by extreme temperatures or high winds. 2. Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of their contents and replace the liners (City-provided trash bags). Contractor shall wipe surfaces clean. Pest Control 1. Gophers will be controlled on an as-needed basis using City-approved traps. Ground squirrel control will be performed on an as-needed basis and is outside the scope of this contract. 2. Ants will be controlled on an as-needed basis. Fire ant control is outside the scope of this contract. 3. Contractor shall immediately report any bee activity (swarms or hives) detected. Bee remaval is the responsibility of City. 4. Aphids will be chemically controlled on some oak trees, and fruit set chemically controlled on some olive trees. (Approximate counts are: LMA 1- 26 olive trees; �MA 7- 22 oak trees; LMA 9- 47 oak trees; LMA 16 - 6 oak trees; LMA 17 - 91 oak trees; and LMA 18 - 17 oak trees to be treated.) These trees are located adjacent to parking lots, sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended chemica! treatment and the schedule for its application must be reviewed and approved in advance by City. 5. City, at its discretion, may require from Contractor al! Material Safety Data Sheets, . ,�;�� r ��'��l�;; , _ t � ... � ; � T � � � r � ,� :�4�' s, �, Contract No. C33060 6. 7. 8. 9. 10 pesticide labels, and Pesticide Control Advisor recommendations for any and all pesticide applications performed. Contractor shall provide monthly control and/or eradication of all weeds. Areas to be weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs, expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees. 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 controNed by chemical means only. Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred. Weeds in turf areas will be managed on an as-needed basis and shall be considered extra work. Plant Maintenance 1. All plant material and/or sidewalk general public. in the public right-of-way shall be maintained behind the curb line � allow for the safe passage of vehicles, pedestrians and/or the 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. Dead or weather-damaged plant material shall be pruned or removed under direction from City within one month of notification. 4. 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. 5. Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and groundcovers. 6. 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 shal! be consistent with the current and applicable lnternational 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. �'��.. . y. �. ., �•,�`�.,. �� ' ��,�wk��'��-3�,��'�'��'»,y�" �,��'��,nriA 4�„ ��:�'�, �,�`��''�� Jk��,�;�t� .� . .. ^+., �:,� _ r -,�.._.eS, r. , . .. , :s.,�ti ,s.a>, rr.,,.,, , �t,.� Contract No. C33060 2. Contractor shall perform safety and sucker pruning on all trees (exciuding palms) fifteen feet in height and under. Ail broadleaf and palm tree pruning wiil be pertormed outside this contract. Contractor shall prune fronds, flowers, and seed pods on ail paims 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. Trees must be maintained at seven (7) feet from playground equipment. Any broken, dead or detached limb is considered a hazard and upon notice from City, Contractor must remove such limbs by close af b�siness 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 shaU 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 eutra cost. Turf Maintenance - General 1. All turt 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 $/" 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. Baseball and soccer athletic fields shali be mowed with reel mowers and vacuumed after each mowing if deemed necessary by City. 5. Baseball and soccer athletic fields planted to perennial rye grass will be mowed once per week and when fields are predominantly Bermuda grass they will be mowed twice per week on non-consecutive days. 6. All non-athletic field turf areas will be mowed weekly and may be mowed with rotary mowers; however, if City deems that the finished turf surface is irregular, aesthetically unacceptable, or if it creates a potential public safeiy issue, City wi(I require the turf area to be mowed with a reel mower. Excess clippings must be evenly disbursed, leaving a regu(ar, aestheticaliy acceptable and safe turf surface. 7. Detailing and edging of turf shali inciude chemical and/or mechanicai 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. AI! other areas may use an edger or string trimmer as appropriate and as approved by City. 8. Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergents. Fertilizer wil! be supplied by City; Contractor wil! provide fertilizer with pre-emergents and City will reimburse Contractor at "cost plus 15%." Contractor shaA apply irrigation immediately following any fertilizer application to effectively wash the produ�t into the soil. 9. Mechanical core aeration shall be pertormed to a minimum depth of four inches (4"). Cores may be swept or mowed and dispersed during mowing operations unless otherwise requested by City. , .. ��k��} ,,. ', �T�+n+,'d-4��w�R'�� ,,. z}�r ��1�� '! h�� tr k !Yf J'-0f�i �n { t�Fwl;4i, .. _ � . ..� „ . . . . . . ,... � . .. . < < ' �- Contract No. C33060 Turf Maintenance — Overseedinq 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 faci�ity. 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. 3. All grass clippings generated from this process will 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. AGtual 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. Should Contractor fail to complete mowing or renovations during weekdays, Contractor shall adjust the schedule to work on Saturdays at no additional cost to City. Advance permission to perForm work on Saturdays is required (see Section 2, Page 11, Hours of Work). 6. City shall supply grass seed. It will be the responsibility of Contra�tor 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 Decomqosed 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 Schedu(e. 2. Daily sidewalk cleaning shall consist of removing debris from sidewalks by blowing or sweeping. 3. Contractor shall rake pianter areas. Contractor shall not rake undemeath living plant material, uniess 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. 4. Using pressure-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall pressure-wash monuments and signs, sidewalks, curbs, gutters, drains, benches, dog park fixtures, drinking fountains and miscellaneous hardscape fixtures. 5. Pressure washing at dog parks must include the use of a City-approved biodegradable cleaning agent. 6. Contractor shall remove litter and debris obstructing spillways and their associated drain grates. '�`.t rr:N��",'i� i.� ' �'"6�-' -'rai'�w^ x--�. +�'a,�ga�:; � ;.1 esr ,,.,M ��.,.. .,��«.,...U. ,.4,�,,..��._,. _ �;t m t a� � � 0 ry �*i q f. .. ...,, ,..,, ... ., . . ,... N << .. . ......... . %�``t..rs.,.._.'��`�.;.r�i�^�"F�..�r:�+.'�.��i""�:.��-..�.s�'?-�'�,�dx.,?�,<'.,' �,� Contract No. C33060 Irriaation Svstem Maintenance 1. The operation, maintenance, and scheduling of ail irrigation controilers and attached sensors shall be the responsibility of City and at no time will Contractor make adjustments to a controiler, 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 sha11 be made with like parts. 4. Contractua! irrigation system maintenance incl�des al! labor for system inspections, adjustments, and repairs for all system components from the discharge side of the valve including all latching actuators. Contractual irrigation system maintenance from the valve to the point of connection at the water meter consists of inspections, any repair work will be considered extra work and paid accordingly. 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. 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 c(ose of the same work day. c. Upon receipt of an approved City Work Order, repairs to a non-operational and/or damaged irrigation system shaH 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 wi!! be supplied to Contractor by City. 6. Contractor shal! 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 shal! 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. _'� r' a, �., r'i� " � s`3.,, ��r'�y �* r� a`w'�'�,�'�'t�+ ��7 {} I r��',�� k�;4"^`'S , _ . � . . . .,�, ..��aa� �..� .. 'u,.. ,.k,. �s ,.., ., . . , 'f , ,:.�' '�': ,�'�� , 3.. �ro� p.�,"„� ,c '. ,`�,u'>u,�� . . � }'�,._. � r �„r�q3,a. „, ,., . . ;' ��a ' Contract No. C33060 Performance of Extra Work 1. Contraetor shali not perform extra work without City authorization. Authorization shall be in writing, on a compieted City Work Request Form, and signed by an authorized City representative. 2. Additional Work labor shall be paid at the hourly rate listed on the Additional Work Pricing Schedule unless otherwise agreed upon. 3. Additional Work materials shall be paid at the rate of "cost plus 15% mark-up." 4. Invoicing for Additional Work shall include an itemized invoice describing the unit cost and/or labor hours at the contract rate, materials costs, and copies of materials invoices from the suppGer(s). ",u"a ��,�,�� ^�s� - y,'n�;�i„tL..,? .-,;a. �w � . �` � w 3. �;�a`^. �,u r e$ ,k�v. x.i�i, �s, y" `�aPu. '��`"' "�i M-��w,'�'` '�',"+,s��s:��'�6��'.,�ryY� , .. . . , _ . .- , . ,. :, , �e�' ' ��,� s� '�' � �' . ,. .-:.,. ...�„ .. ...........x,.., , � .. . . ,e „-o, . _ �,€.��._,.-.,... �:�� ,�3�"�a,,.. ,��e,.'.Y�.�x.k _r_s . .�s ... „�..,°;.r�.'�.. ,.4 ,.,et,w'�,.. ..�.,n..�- . ,. ,�.. . .., , „. .,. ., ,.�^3;Fxt..=i,�:.t eaa�-. ..��. �°a1-:�., ..��.-,a fio"� Contract No. C33060 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4 PROJECT NO. 904-73, CONTRACT NO. C326'10 SECTION 3: ATTACHMENTS Attachment 1: Work Schedule .-i1� "R� ��.s�t��f4 u,k .�x .�'�. �� y�' .��,�� x�;."-�_,.� s r Contract No. C33060 LMA Contract Work Schedule Legend Days: M = Monday T = Tuesday W = Wednesday Th = Thursday F = Friday S = Saturday Su = Sunday Weeks: W1 = Week 1 of the Month W2 = Week 2 of the Month W3 = Week 3 of the Month W4 = Week 4 of the Month W5 = Week 5 of the Month Month: Jan = January Feb = February Mar = March Apr = April May = May Jun = June Jul = July Aug = August Sep = September Oct = October Nov = November Dec = December FREQUENCY SCHEDULE LEGEND "Cheat Sheet" I A � B jC Io � E IF IG � H � � I� IK I� � M IN I O �, S T U V W X Y Daily, 7 days per week, bv 1:00 p.m. Daily, Monday through Friday Daily, before close of business (5:00 p.m.), Monday through Friday Weekly, before close of business (5:00 p.m.) on Friday Three times weekly (Monday, Wednesday, Friday) Bi-weekly (every 2 weeks) Monthly (12 times per year, every month) Bi-Monthlv (� times per year, every two months) Quarterly (4 times per year) Semi-annually (2 times per year) Annually (1 time per year) Seasonal As needed to maintain plant material health and/or public safety As needed October 1 to April 30, once monfhly; May 1 to September 30, every 2 weeks; except turf and annual color areas which are always weekly Monthly, from May to October (6 times) 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 10:00 a.m.; June 1 to September 30, once a week Daily, before 7:00 a.m., 7 days per week Weekly, on Friday, by 6:00 a.m. Continuously IVovember 1— March 31; monthl� April 1— October 31 Weekly April 1— October 31; monthly November 1— March 31 Daily, by 1:00 p.m., 7 days per week Daily, by 1:00 p.m., Monday through Friday Twice weekly on non-consecutive days Contract No. C33060 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4 PROJECT NO. 904-13, CONTRACT NO. C32610 SECTION 3: ATTACHMENTS Attachment 2: Frequency Schedule �� , , � y� k:',, � �9=�+f��.y �y�y+..; •,s� u �f. � w3y� ."Kk Contract No. C33060 i.ANDSCAPE MAINTENANCE AREA CONTRACTS 2013 FREQUENCY SCHEDULE LEGEND A Daily, 7 days per week, by 1:00 p.m. 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 times per year) 1 Semi-annually (2 times per year) K Annually (1 time per year) L Seasonai 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 Apri! 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.;lune 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 Continuously November 1- March 31; monthly April 1- October 31 V Weekly April 1- October 31; monthly November 1- March 31 W Daity, by 1:00 PM, 7 days per week X Daily, by 1:00 PM, Monday through Friday Y Twice weekly on non-consecutive days Contract No. C33060 CtTY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4 PROJECT NO. 904-13, CONTRACT NO. C32610 SECTtON 3: ATTACHMENTS Attachment 3: Map(s) �`:ia�'.,k �.��,..�i�:.M��'�� ;�' '` y��'�'� " ry�> .p�.?:'� ��*� � Contract No. C33060 ACADEMY LN E VICINITY MAP � 33aO ♦Wltld. 3 a3,V93I3 I -left i .# Va3SV1S VIA ` , �. 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Y 0 0 0 0 Fred Waring Medians and Parkway 0 z Y U' 0 0 0 V m c o zi >.a � MASTER MAINTENANCE ACTIVITY Remove plant litter, dog droppings, and discarded items, blow or sweep sidewalks Weed control Prune shrubs, hedges, ground covers (not bougainvillea) Prune bougainvillea Safety -prune plant material Remove plant flower stalks Safety -prune and remove suckers Rake planter areas Wash monuments and signs Irrigation inspection, adjustment, and repair PLANT LITTER / TRASH CONTROL PEST CONTROL w U Z z w Z z Q 2 f 2 J W W � HARDSCAPE AND DECOMPOSED GRANITE (DG) AREAS (IRRIGATION SYSTEM Contract No. C33060 LMA 2 PAGE TWO OF TWO LL C O = Y 0 0 0 ( Town Center Way Fire Stn j D Y O 0 0 Magnesia Falls Medians San Pablo Medians and Parkway ` 0 D Y 0 0 0 0 Y O 0 0 Corp Yard 0 n Y 0 0 0 Joni Drive Frontage U' : Y 0 0 0 Washington Street Medians 0 D Y 0 0 0 El Dorado Median 0 D Y 0 0 0 MASTER MAINTENANCE ACTIVITY Remove plant litter., dog droppings, and discarded items, blow or sweep sidewalks Weed control Prune shrubs, hedges, ground covers (not bougainvillea) Prune bougainvillea Safety -prune plant material Remove plant flower stalks PLANT LITTER / TRASH CONTROL PEST CONTROL W O Z Q W W F Z Q 1- f 2 Q J a (TREES HARDSCAPE AND DECOMPOSED GRANITE (DG) AREAS IRRIGATION SYSTEM Contract No. C33060 CONTRACT FREQUENCY SCHEDULE - LANDSCAPE MAINTENANCE AREAS 2013-2015 u;s and eIopod (9 ) Z Y (9 (9 (9 (9 — LL (IRRIGATION SYSTEM Irrigation inspection, adjustment, and repair I G I G I G I G I G I G I G I G I G I G I G I G I G IGIGIGI u;s and ABM Je uaa uMol (9 D z Y (9 (9 (9 (9 — u. suepaW olged Lies (9 D ' Z Y (9 (9 (9 (9 — Aenoped pue suepaW sled eiseubeL (.9 : Z Y (9 0 (9 (9 — pJeA dJoa (9 D Z Y (9 (9 (9 (9 — 96e;uad antra iuor (9 ) Z Y (9 (9 (9 (9 — suepaW;aaals uo;6uNseM (9 D Z Y 0 0 0 (9 — N Q uepaW opeJoa 13 (9 = Z Y 0 0 (9 (9 — (eM lJed uosjoe(` snlAUd (9 D Z Y (9 (9 (9 (9 — ueipev eluia e!A 0 D z Y 0 (9 (9 (9 — Aenoped pue uelpaW elouod 0 D Z Y (9 0 (9 0 — suepaW;sea aueg AeInoH 0 D Z Y (9 (9 (9 0 — suepaW leoJls >looa (9 D Z Y (9 (9 (9 0 — sue!paW AeM Jelueo LiMol (9 D Z Y 0 (9 0 (9 — ABMSJed pue suepaW 6uueM paid 0 D Z Y 0 0 (9 0 — Jalueld pue suepaW A9.181uoW (9 D Z Y 0 0 0 (9 — MAINTENANCE ACTIVITY Remove plant litter, dog droppings, and discarded items; blow or sweep sidewalks Weed control Gopher control Prune shrubs, hedges, ground covers (not bougainvillea) Prune bougainvillea Safety -prune plant material Remove plant flower stalks PLANT LITTER / TRASH CONTROL Contract No. C33060 CONTRACT WORK SCHEDULE - LANDSCAPE MAINTENANCE AREAS 2013-2015 o E a N g LL N E n 0' 0 0, 8� MASTER MAINTENANCE ACTIVITY Remove plant litter, dog droppings, and discarded items; blow or sweep sidewalks Weed Control Prune shrubs, hedges, ground covers (not bougainvillea) Prune bougainvillea Safety -prune plant material Remove plant flower stalks Safety -prune and remove suckers Rake planter areas Irrigation inspection, adjustment, and repair PLANT LITTER ! TRASH CONTROL PEST CONTROL w rHARDSCAPE AND DECOMPOSED GRANITE (DG) AREAS IRRIGATION SYSTEM U z z z w 1- z a 2 1-z z w w Q J w re a 1- Contract No. C33060 CONTRACT FREQUENCY SCHEDULE - LANDSCAPE MAINTENANCE AREAS 2013-2015 sinogepunw pue suelpaw )lied AllsJanlun suelpaw env elouod sdwei Ol I pue leaalS uol6ulyseM )alueld pue suelpaw pod plela° sue pew aJoyS yeula suelpaw eJleuls )lueid sue!pew lea13S M000 Amped suelpaw enua gnlp fuluno3 sie ueld suelpewany AeJaluoVj MAINTENANCE ACTIVITY 0 0 0 0 0 0 0 0 0 Q a) co 0 O C0 E a) a) .c U co "a ui 0) c Q Q O O -o a) C co Ti O ca E a) m -0 U D z Y U' 0 0 0 — 0 0 CD 0 0 O 0 O 0 Z Z Z Z Z Z 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 Z 0 0 0 0 D Z Weed control PLANT LITTER 1 TRASH -J 0 F- 2 O U PEST CONTROL 0 0 0 a) .( 0) 0 O c v7 CD 0 U O 0) N a) 0) a) L ui 2 co a) c 7 0_ (0 N .c a) To tTA E C 0 (0 � c C Q > E a3 a) 0 0 N W W W F- 2 O � Z Q W a a cn O O < W = o cn W cc C9 0 rrigation inspection, adjustment, and repair W F- >- cn 2 0 1-- ce Contract No. C33060 PARK NM DR a FRANK SINATRA OR COUNTRY CLUB DR NOVLEYLx NIAGNESLA FALLS OR t aowaorno WA EL PASEO OR J�P GRAREVI SORSERA WA AYS TACK RD OERALD 'OR DR FRED WARN. OR DE ARIA WAY ALESSANDRO DR st?EL PASEO r AIRWAY DR 11W0 AVE FRANK SI TRA OR FAIRWAY DR a Landscape Area 4 Legend Palm Desert Parcels City Boundary 1 inch = 4,500 feet February 2013 Contract No. C33060 i WINDFLOWER CT