Riverside Co/Palm Desert/Washington Median 01wnUaCt NO. n /�I
Rflre Ide Co. Transportation
Contract No. C18570
AGREEMENT BETWEEN THE CITY OF PALM DESERT,
THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIMIVE D
FOR OPERATION AND MAINTENANCE OF RAISEI?.MFDlJ N �,., IG, L3
LANDSCAPING AND IRRIGATION
CITY 071-% OUINT*01
THIS AGREEMENT is entered into as of this ath daycotf Y ajf-6'hK'S OFFkVW,
by and between the City of Palm Desert, a municipal corporation ('Palm Desert"), The City
of La Quinta, a municipal corporation ("La Quinta") and the County of Riverside a municipal
corporation, ("County").
RECITALS
WHEREAS, Washington Street is a major roadway bisected by the boundary lines between
Palm Desert, La Quinta, and the County, and
WHEREAS, significant developmenton the lands adjacentto eitherside of Washington Street
necessitates the use of raised medians for traffic control, and
WHEREAS, said raised medians include, or will include, publicly financed landscape and
irrigation improvements, and
WHEREAS, said median landscape improvements will require regular operation and
maintenance, and
WHEREAS, Palm Desert has the capability to provide for operation and maintenance of said
median landscape improvements, and
WHEREAS, Palm Desert, La Quinta and County find it desirable to jointly finance the cost
of operating and maintaining said median landscape improvements,
NOW, THEREFORE, the parties mutually agree as follows:
General.
a. The foregoing recitals are true and correct.
b. All exhibits referred to hereinafter are hereby incorporated into and made
a part of this Agreement.
2. LOCATION. The landscape improvements ("median landscape improvements')
to be operated and maintained under the terms of this Agreement are located
on raised medians situated generally along the centerline of Washington Street;
from its intersection with Fred Waring Drive, thence north to its intersection with
Country Club Drive as shown on attached Exhibit A.
Contract No. C18570
3. OPERATION AND MAINTENANCE.
a. Utilities. Palm Desert shall provide water service for irrigation to the
medians. Electrical service is not required or provided.
b. Maintenance. Palm Desert shall provide for median landscape
maintenance through contract services in accordance with its
Specifications for Landscape Maintenance Services for Consolidated
Maintenance Area Number 4, attached as Exhibit B. Palm Desert will
arrange with the Contractor's insurance company to include La Quinta
and the County as an additional insured for that portion of work on
Washington Street.
C. When the immediate repair or replacement of any of the median
landscape improvements 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 the or upon notice
from La Quinta or County. If Palm Desert fails to initiate and diligently
complete such repairs in a timely manner, La Quinta or County may
direct its forces to perform such work as necessary to correct the
problem and to immediately place the facility back in operational
condition. If such procedure is implemented La Quinta or County will
deduct all expenses incurred for the repairs from its share of all costs
incurred by Palm Desert for the operation and maintenance of said
median landscape improvements.
4. MAINTENANCE COST SHARING.
Except as hereinafter provided, La Quinta shall reimburse Palm Desert for
twelve and one half percent (12.5%) and County shall reimburse Palm Desert
for thirty seven and one half percent (37.5%) of all costs incurred by Palm
Desert for the operation and maintenance of said median landscape
improvements pursuant to and in accordance with terms of this Agreement as
shown on Exhibit C. These costs include, but are not limited to, the following:
water
landscape contract
irrigation system repair/modifications
shrub and tree pruning
tree staking and replacement
pest control
fertilization
decomposed granite - raking, replacement and renovation
boulder and cobble repair/replacement
hardscape repair/replacement
trash and sand removal
signage repair/replacement
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Contract No. C18570
5. SUBMISSION OF BILLS FOR OPERATION AND MAINTENANCE.
Palm Desert will submit reimbursement bills to La Quinta and County quarterly or in
such other periodic sequence as may be agreed to in advance by the Finance
Directors of Palm Desert, La Quinta and County. Bills for less than Five Hundred
Dollars ($500.00) shall not be submitted more than once each quarter. Bills must be
submitted promptly following the close of the corresponding billing period and shall be
promptly paid by La Quinta and County. 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 La Quinta and County at reasonable times
for review and shall be retained for a period of three (3) years after payment of said
billings.
6. NOTICES. Any and all notice, reimbursement bills and payments sent or required
to be sent to the parties to this Agreement will be mailed to the following addresses:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Richard J. Folkers, Assistant City Manager for Development Services
City of La Quinta
Post Office Box 1504
La Quinta, CA 92253-1504
Attn: Chris A. Vogt, Public Works Director/City Engineer
County of Riverside
County Administrative Center
4080 Lemon street, 8th Floor P. O. Box 1090
Riverside, CA 90502-1090
Attn: David Barnhart, Director of Transportation
LEGAL RELATIONS AND RESPONSIBILITIES. Nothing in the provisions of
this Agreement is intended to create duties or obligations to or rights in third parties
to this Agreement.
Each party hereto shall indemnify, defend and hold the other party and its officers,
agents, servants and employees harmless from any and all liabilities, claims,
demands, debts, suits, actions and causes of actions, including but not limited to,
property damage, personal injury or wrongful death, arising out of or in any manner
connected with any act or omission of such indemnifying party hereunder, or its
officers, agents, servants or employees, done or performed pursuant to the terms and
provisions of this Agreement.
8. TERMINATION. With the mutual consent of all parties, this Agreement may be
terminated with a 30-day written notification.
Contract No. C18570
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date
first written above.
CITY OF PALM DESERT
Assistant City Manager for
Development Services
CITY OF LA QUINTA
THOMAS P. GENOVESE
City Manager
COUNTY OF RIVERSIDE
RECO NDED FOR APPROVAL:
BY
Y d�zj
Dated
DAVID E. BARNHART
Director of Transportation
APPROVAL BY THE BOARD OF SUPERVISORS:
Q w:V1
Dated
JIM VENABLE
Chairman, Board of Supervisors
CI
SHEILA R: GILLIOP)N, City Clerk
APPROVE,PAS TO FORM:
BY
DAVID . ERWIN, City Attorney
ATTEST:
APPROVED AS TO FORM:
BY
M.-KATHERINE JE SON
City Attorney
APPROVE S TTO/FORM:
�
BY
Dated
WILLIAM C. KATZENSTEIN
County Council
ATTEST:
L F_ s ,l
DatedMAY
GERALD D. MALONEY
Clerk of the Board
EXHIBIT A
AREA MAP
EXHIBIT B
SPECIFICATIONS FOR LANDSCAPE SERVICES
GENERAL TERMS AND CONDITIONS
BUSINESS TAX
The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained before any
business or trade is conducted within the City. Verification that the bidder has a valid City of
Palm Desert Business Tax Receipt will be obtained by City prior to the execution of the contract.
CONTRACT REQUIREMENT
The bidder to who award is made shall execute a written agreement with the City within ten (10)
calendar days after notice of the award has been sent by mail to it at the address given in this
proposal. The agreement shall be made in the form adopted by the City and incorporated in the
specifications.
FAILURE TO ACCEPT CONTRACT
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled, and an award may be made to the next lowest responsible bidder, and that bidder shall
fulfill every stipulation as if it were the party to whom the first award was made.
LABOR ACTIONS
In the event that the selected bidder is experiencing a labor action at the time of the award of the
contract (or if its suppliers or subcontractors are experiencing such a labor action), the City
reserves the right to declare said bidder is no longer the lowest responsible bidder and to accept
the next acceptable low bid from a bidder that is not experiencing a labor action, and to declare it
to be the lowest responsible bidder.
WORKER'S COMPENSATION COVERAGE
The Contractor shall procure and maintain, during the life of the contract, workers' compensation
insurance for all his or her employees engaged on or at the site of the project; and in case any of
the work is sublet, the Contractor shall require all sub -contractors to similarly provide worker's
compensation insurance by protection afforded by workers' insurance carried by the Contractor.
INSURANCE COMPLIANCE REQUIREMENTS
The Contractor shall furnish City satisfactory proof of full compliance with all insurance
requirements prior to execution of the contract on forms herein provided. The Contractor shall
submit Certificate(s) of Insurance which must indicate which policy covers each insurance item
and be for at least the scope and amount of coverage for each item as follows:
Comprehensive General Liability, including but not limited to:
General Bodily Injury $1,000,000 C.S.L.
General Property Damage
Auto Bodily Injury
Auto Property Damage
Fire and Extended Coverage on the Entire Work at the Site to the Full Insurable Value Thereof
Must include broad form contractual liability coverage for subcontractors as well as general
contractors.
The City, its officers, agents, and employees need to be added as additional insured.
The policy shall provide that the policy is not subject to material modification or cancellation
until after thirty (30) days written notice shall have been sent by certified mail (return receipt
requested) to the City of Palm Desert, City Clerk, 73-510 Fred Waring Drive, Palm Desert, CA
92260, and shall contain an unequivocal clause so stating.
CONTRACT ASSIGNMENT
The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right,
title or interest, or its power to execute such a contract to any individual or business entity or any
kind without the previous written consent of the City Council of the City of Palm Desert.
NON-DISCRIMINATION
In the performance of the terms of this contract, the Contractor agrees that it will not engage in,
nor will it permit its sub -contractors to discriminate in the employment of persons because of
age, race, color, sex, national origin or ancestry, or religion.
LOCAL OFFICE
The Contractor shall maintain a local office with a competent representative that can be reached
during normal working hours and authorized to discuss matters pertaining to this contract with
the City. A local office is one that can be reached by telephone without it being a toll call. An
answering service or mobile telephone shall not fulfill the requirement for a local office.
PERSONNEL
The Contractor shall furnish sufficient supervisory and working personnel capable of
accomplishing on schedule all work required under this contract.
CONTRACTOR IDENTIFICATION
The Contractor shall insure that all working personnel are identified by a work uniform that, at a
minimum, consists of a shirt that identifies the company. All work vehicles used on the project
shall also be identified, at a minimum, with the company name on the vehicles.
PAYMENT TERMS
The Contractor shall be paid monthly, in arrears, for the work specified and performed
satisfactorily under this contract. The City's payment terms are thirty (30) days from the receipt
of an original invoice, revised reports and acceptance of materials, supplies, or services (Net 30).
PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT
The City of Palm Desert has set up very specific criteria in which to evaluate the performance of
the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves
the right to subtract a cost from the monthly billing. Since it is difficult to quantify and assess a
value to every aspect of the work, the City shall implement a standard $100 cost per incident.
The following describes deficiencies:
Lack of compliance to specifications, i.e., failure to adequately mow, edge, litter
pick, sweep/rake, weed, prune, remove dead plant material, etc.
2. Failure to provide specified reports or to falsify reports.
Failure to supply adequate equipment, labor or supervision.
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4. Failure to repair irrigation deficiencies in the allotted time frame.
Failure to comply with schedules. Variances may be approved by request. Delays
in part acquisition or adverse weather conditions will be taken into consideration.
6. Failure to protect public health and safety.
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.
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SPECIFIC TERMS AND CONDITIONS
CONTRACT LOCATIONS
Country Club Drive medians, between Washington Street and Monterey Avenue.
Cook Street medians, between Frank Sinatra Drive and Hovely Lane East.
Frank Sinatra Drive medians, between Eldorado Drive and the medians fronting the Kaufman
and Broad development.
Hovely Lane East medians, between Corporate Way and Beacon Hill.
Via Cinta Median, from Hovely Lane East to end.
Eldorado Drive median, from Country Club Drive to Hovely Lane East.
Dinah Shore Drive medians, from Monterey Ave. west to city limits.
Washington Street medians, from Country Club Drive to Fred Waring Drive.
Avenue of the States medians, from Washington Street to Michigan Avenue.
SCHEDULING OF WORK
The contractor shall provide a weekly schedule in accordance with the Palm Desert Municipal
Code, pertaining to work hours. Maintenance and operation of equipment shall be performed
only during the time periods as follows:
October 1 to April 30 Monday - Friday 7:00 a.m. to 5:30 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
May 1 to September 30 Monday - Friday 6:00 a.m. to 7:00 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
The contractor shall notify the City at least 24 hours in advance of any work outside the hours
defined above. Emergency work directed by the City is not impacted by these restrictions.
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SCOPE OF SERVICES
Contractor shall provide the necessary manpower and equipment to maintain the areas listed in
the specified locations at the level of maintenance and service defined by the City, for a period of
one year. The work shall include, but is not limited to, proper maintenance of all landscape
material and hard scape structures as designated; weekly inspection of irrigation system and
expedient implementation of necessary adjustments and repairs; weed and pest control; litter and
trash removal.
SPECIFIC SERVICES TO BE PERFORMED
Litter Control
A. The removal of all trash, such as paper, cans, bottles, broken glass, dog droppings
and any out of place or discarded items.
B. The removal of dried plant material , such as hanging or fallen tree limbs, leaves,
branches, dried up and/or dead plant material and wood pieces.
C. The Contractor shall perform litter removal on a weekly basis and identify in their
weekly schedule, approximate time frames for performing this function.
D. All surfaces will be raked or swept after litter and/or weeds are removed.
E. All refuse shall be placed by the Contractor in a refuse container or taken to the
sanitary landfill at the Contractors expense. Green waste shall be disposed of in a
manner identified later in this section.
Sidewalk Cleaning
Contractor shall inspect and clean accumulated sand, gravel and plant clippings and debris off all
sidewalks.
Weed Control
A. Planters, gravel areas, sidewalks, expansion joints and underneath plant material
and trees shall be kept free of grass and weeds.
B. The Contractor shall perform removal on a weekly basis and identify in their
weekly schedule, approximate time frames for performing this function.
C. All surfaces shall be raked and/or swept after weeds are removed.
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D. Chemical herbicide control is the responsibility of the Contractor, at no cost to the
City. If the City requests additional herbicide application, the Contractor shall
perform such spraying at no additional cost to the City if control is not maintained
as specified. Preventative weed control, such as pre -emergent herbicides, is the
responsibility of the Contractor. The City will receive a one year plan to be
submitted by the Pest Control Advisor before chemical application begins.
E. Submitted with their weekly checklists, the Contractor shall complete and furnish
a herbicide spray log to the City. The log shall identify the type of herbicide
used, location sprayed, weed controlled, provide copies of labels and application
rates. The City will require proof of California State Applicators license by the
person(s) performing this function. The Contractor shall obtain necessary permits
and licenses to comply with City, County, State or Federal laws for using pest
control chemicals.
F. The contractor shall be responsible for the results of application of all chemicals
and will be responsible for plants killed or damaged by the use of these chemicals.
Insecticide/Funeicide Application and Pest Control
A. The Contractor shall provide complete and continuous control and/or eradication
of all plant pests and diseases at no extra cost. The Contractor shall provide
control and/or eradication of other landscape pests, such as gophers, snails and
ants. Preventative fungicide shall be applied as necessary. The contractor shall
obtain necessary permits and licenses to comply with City, County, State or
Federal laws for using pest control chemicals. The City will require proof of
California State Applicators license by person(s) performing this function.
B. Contractor will assume responsibility and liability for use of chemical controls.
C. The Contractor will be responsible for tree and plant replacement, at no cost to the
City, that is caused by infestation , fungus or disease.
D. Submitted with their weekly checklist, the Contractor shall complete and furnish a
pesticide application log to the City. The log shall have the following information
included:
1. The pest to be controlled.
2. Method of control and type of pesticide.
3. Copies of the product labels.
4. A frequency schedule.
5. Application rates.
E. The Contractor shall be responsible for the application of all chemicals and will
be responsible for plants killed or damaged by the use of these chemicals.
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Plant Maintenance
A. All plant material shall be maintained as needed to prevent obstruction to vehicles
or pedestrians. Shrubs shall be maintained on medians to create adequate line -
of -sight vision for vehicles. All vegetation shall be maintained so the material
does not overgrow its designated growth perimeter or encroach onto sidewalks or
curbs.
B. Plant material is to be pruned in a manner that is described as a two-step
naturalistic pruning procedure. Natural pruning will be consistent with guidelines
described on page 7 of the City of Palm Desert's "Landscape Maintenance Guide"
Shrubs will not be pruned into globes or ornamentally without permission by the
City.
C. Dead material should be pruned from plants as they occur. There shall be no dead
blossoms, stalks, branches or foliage left on an otherwise healthy plant for more
than one week.
D. For consistency, all plant material shall be pruned in accordance with the City of
Palm Desert's "Landscape Maintenance Guide" booklet. This book provides
pruning techniques, watering requirements and a calendar for ideal maintenance
timing. This book is meant to be a visual guideline for the Contractor. The City
may, at its own discretion, alter time lines or techniques as the City deems
necessary.
The Contractor shall be responsible for replacing plant material, at no cost to the
City, that dies after acceptance of the contract due to neglect, lack of maintenance
or improper care. It is the Contractor's responsibility to identify unacceptable
plant material before inception of the contract.
Tree Maintenance
A. Trees shall be pruned as needed to remove broken or diseased branches, or for
traffic and pedestrian safety. Sidewalk clearance will be seven feet and vehicular
clearance fourteen feet. Any broken, structurally unsound or detached limb is
considered a hazard. Suckers will be removed as they appear.
B. All juvenile trees under 15 feet will be pruned once a year unless otherwise
directed by the City. All trees over 15 feet will be pruned on a separate contract.
Trimming and pruning of palm trees is also not part of this Agreement. Dead
palm fronds, however, shall be removed from palm trees under 15 feet as soon as
they appear. Timing for juvenile tree pruning will be designated by the City.
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C. It is the Contractor's responsibility to conduct a pruning program consistent with
current and applicable International Society of Arboriculture (ISA) and American
National Standards Institiute(ANSI) standards to promote proper form, strength,
health and appearance for juvenile trees under 15 feet. All pruning will be under
the direction -.of the Landscape Manager and/or the Landscape Inspector. No
pruning will be performed without onsite inspection by City staff. It is the
contractor's responsibility to notify the City before work begins.
D. No topping of trees will be allowed.
E. The contractor shall be responsible for all tree staking. Ties will be monitored to
prevent girdling. Remove ties and stakes as directed by the City. Broken stakes
are to be replaced as required. No wire tree ties will be used.
F. All debris from pruning, trimming and tree maintenance shall be removed by the
Contractor the same working day as accumulated.
G. The Contractor shall be held responsible for any damages done to trees due to
poor management procedures. The Contractor shall replace trees, at no cost to the
City, that die after acceptance of the contract due to neglect, lack of maintenance,
infestation or improper care.
H. Any plants broken or damaged as a direct result of storm damage, wind, accident
or vandalism shall be trimmed or replaced within 24 hours of notification. Any
debris blocking roadways or parking areas shall be removed within one hour of
notification to Contractor. Replacement of trees and plants caused by reasons not
related to contractual maintenance, shall be reimbursable as an extra cost.
Turf Maintenance
A. All turf areas shall be mowed and edged weekly. Cut turf to a height of
approximately one inch. All clippings shall be removed. Contractor shall
provide equipment and labor that will facilitate mowing and clipping removal for
each designated area in one day.
B. Contractor will ensure a proper watering schedule to give the turf a continuous,
healthy appearance. Watering in some recreational areas will be restricted to
evening hours. Additional watering hours will be allowed during the summer
months at times when recreational areas are at non -peak use.
C. Mechanical aeration shall be performed at least twice a year and additionally, as
often as required to promote a healthy appearance. Aerify to a minimum of two
inches into the soil. All plugs are to be collected and removed.
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D. Trimming and edging shall be performed at each mowing around walls, buildings,
curbs, sidewalks, mow strips, paved areas, valves, etc.
E. Chemically edge around trees within an eight inch radius from the trunk, using
care not to damage the trunk or roots.
F. Renovation and over seeding will be performed to a schedule designated by the
City. The schedule will be designed to ensure a completely established stand of
turf by the first weekend in November. Renovation and over seeding will be in
accordance with the following methods:
Cut back on watering two weeks before dethatching. Cut grass lower after
first week. One week before renovation, water will be turned off entirely
in turf areas. Renovation will begin after bermuda becomes dormant. All
clippings will be vacuumed after each cut.
2. Aerify after bermuda is renovated and collect plugs.
3. The Contractor will request a City representative to perform an inspection
before rye seed is applied. The City will verify proper renovation, aeration
and irrigation coverage prior to seeding.
4. Over seeding shall be fully completed by the first week of October. Only
certified pure perennial seed will be used. The City shall supply the seed.
Application rate shall be approximately 12 lbs./1000 square feet.
Contractor will monitor irrigation to ensure coverage at all times. Seed
needs to be kept moist at all times during germination. Watering will be
done in short five to ten minute cycles, four to six times a day.
6. Fertilize after first cut with Endure 15-15-15 slow release or equal at the
rate of 6.5 pounds per 1000 square feet..
Modify watering times after second cut to seasonal durations.
8. All costs for labor and equipment shall be included in the contractual
price.
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Irrigation Maintenance
The controlling factor in the performance of water management within the City landscape
maintenance area is the application of water to landscape plants at a rate which closely matches
the demands of plants and turf with little or no runoff. Plant health, roadway safety and water
conservation are the primary reasons for proper irrigation maintenance. Contractual
requirements shall be adhered to very strictly by the Contractor. The format for inspection and
repairs are as follows:
The entire irrigation system, including all components beginning at the meter,
shall be maintained in an operational state at all times. This coverage shall
include, but not be limited to, all controllers, valves, back flow devices, piping,
electrical wiring, heads and emitters.
2. All irrigation systems shall be tested at a minimum of once a week. A weekly
report shall be filled out and submitted to the City listing locations, time and date
of inspection and subsequent results. Contractor shall prepare a schedule of when
and where these irrigation checks will take place.
3. All systems shall be kept in adjustment to ensure adequate coverage, prevention of
excessive runoff or erosion, match evaporation rates and limit hazardous
conditions. Adjustments shall include, but not be limited to, actual head
adjustment, cleaning and flushing of heads and lines, and removal of obstructions.
Costs for adjustments shall be included in contractual costs for operation and
maintenance of the irrigation system.
4. All damage resulting from Contractor's operations, including, but not limited to
Contractors failure to properly maintenance the system, shall be repaired or
replaced prior to the end of the work day at the Contractor's expense.
Repairs to the irrigation system shall be divided into two categories as follows:
A. Minor repairs shall include pipes one inch in diameter and smaller, risers,
exposed electrical connections, washers, diaphragms, adjusting pins, wiper
seals and other small parts. The costs for minor repairs shall be included
in the contractual costs for operation and maintenance of the irrigation
system.
B. Major repairs shall include pipes greater than one inch in diameter,
controllers, backflow and pressure regulators, mainline control wires,
valves and heads/emitters that cannot be repaired through minor part
replacement. The cost for major repairs shall be considered extra services
and charged based on prearranged contractual unit labor and material
costs.
IM
6. Major repairs to the irrigation system shall be accomplished within 24 hours after
Contractor receives written approval from the City. When major irrigation
damage is discovered, the Contractor will, within 24 hours, submit an estimate
form showing approximate material costs and not to exceed costs for labor. This
form shall be signed by the Contract Administrator if appropriate and serve as
written approval.
The City will perform spot inspections of the irrigation system to ensure accuracy
of the Contractor's inspection reports. If discrepancies are found, the City shall
construe this as a performance deficiency and implement a payment reduction as
specified in the section pertaining to Performance Deficiencies and Reduction of
Payment.
The City reserves the right to supply any or all parts for irrigation repairs. If parts
are provided by the Contractor, then the City shall be billed by the Contractor at a
rate of 10% above the wholesale costs.
9. The Contractor shall return irrigation parts that have been replaced due to damage
or malfunction to the City's Maintenance Yard.
10. The Contractor shall adjust sprinkler head and valve boxes to a level that will
prevent damage by maintenance equipment or pedestrian traffic, Damage caused
by improper height adjustment will be repaired by the Contractor at no cost to the
City.
11. All damage to plant material or turf areas due to improper irrigation maintenance
shall be the Contractor's responsibility.
12. The Contractor shall be responsible for all damage done to irrigation heads or
valves due to improper operation of vehicles or equipment.
13. The Contractor shall provide personnel fully trained in all phases of irrigation
operation, adjustments and repairs for irrigation systems used within the City.
The Contractor shall provide personnel proficient in current water management
concepts. The Contractor shall provide personnel capable of communicating with
City inspectors at a professional level of English.
Fertilization
All turf areas shall be fertilized at an interval of no greater than 90 days. Ground covers, shrubs
and other plant material shall be fertilized at least twice a year or as needed. Trees shall be
fertilized under the direction of the City Arborist. The City will designate timing and type of
fertilizer used. All fertilization costs shall be included inihe contract.
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Compliance with fertilization specifications will be enforced by application inspections, bag
counts and periodic soils analysis. The Contractor shall specify fertilizer application on weekly
checklists and identify type, application rate and date of application.
EXTRA WORK
During the course of the contract period, additional services, labor and materials, beyond those
specified in the contract may be required and performed on a time and material basis. Such work
will be billed as the actual cost of labor and the wholesale cost of materials plus ten percent. The
City and Contractor, at the inception of the contract, will assess the actual costs of labor and
equipment and arrive at a mutually agreeable unit price for this function.
The Contractor shall submit a request for extra work, identifying estimated material costs and a
not to exceed labor cost, before commencing work. The Contractor must have a signed
authorization before payment can be made.
The Contractor shall provide twenty four (24) hour emergency service, with prompt correction or
mitigation of emergency damage when notified of an occurrence. An emergency that is causing
a hazard to the public or property must be responded to within one (1) hour. Failure to do so
could result in monetary deductions from the monthly billing. Any work performed between
4:00 p.m. and 6:00 a.m. Monday through Friday and all day on Saturday or Sunday shall be
considered emergency service. Response to emergency service shall be paid at a rate of $25.00
per hour. Work should be limited to the level required to mitigate an emergency and further
repairs shall be completed during normal working hours.
Extra work will be a separate item from normal contractual duties. The Contractor is expected to
complete the contractual duties as specified on schedule and extra work shall not interfere with
or delay these duties.
SAFETY
Contractor shall comply with the State of California and Cal -OSHA Safety Rules and
Regulations. Contractor shall supply all delineation, signing and clothing as required by the State
of California Department of Transportation.
If work along street medians will require the closure of a lane of traffic, the Contractor shall
notify the City at least 24 hours in advance and comply with procedures outlined in the Cal -Trans
Manual (page 5-48, figure 5-9, "Typical Lane Closures")
COMPOSTING OF GREEN WASTE
Contractor shall compost all appropriate green waste removed from City landscape areas, at an
approved facility where green waste in converted to a usable soil amendment.
Contractor shall submit in their weekly reports a listing of the landfill site used and a gross
weight slip from the facility.
WEEKLY REPORTS
The Contractor, as part of this agreement, will submit reports and schedules as requested. Failure
to submit reports and schedules in the time specified may result in a Performance Deficiency
Deduction. The City will supply the format for these forms. Such reports must be filled out in
detail. The following is a breakdown of required forms and schedules:
Schedule of weekly maintenance.
A. Contractor shall provide a schedule of weekly maintenance identifying
areas to be maintained and a breakdown of when each function shall be
performed.
B. The City will assume that the Contractor will adhere to the schedule.
Notification of changes must be received by the City at least 12 hours in
advance.
2. Weekly irrigation inspection report. This will be turned in every Friday.
Weekly activity report indicating the following:
A. Litter pick.
B. Weed control
C. Chemical maintenance - herbicides and pesticide applications
D. Incident/Accident
E. Turf maintenance
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4. Landfill diversion report.
Fertilization
The contractor shall submit these reports as they are completed. Weekly reports shall be filled
out by Friday of every week. Monthly payment shall not be disbursed unless all reports have
been submitted to the City.
PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT
The City of Palm Desert has set up very specific criteria in which to evaluate the performance of
the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves
the right to subtract a costs from the monthly billing. Since it is difficult to quantify and assess a
value to every aspect of the work, the City shall implement a standard $100 cost per incident.
The following describes deficiencies;
Lack of compliance to specifications, i.e., failure to adequately mow, edge, litter
pick, sweep/rake, weed, prune, remove dead plant material, etc.
2. Failure to provide specified reports or to falsify reports.
Failure to supply adequate equipment, labor or supervision.
4. Failure to repair irrigation deficiencies in the allotted time frame.
5. Failure to comply with schedules. Variances may be approved by request. Delays
in part acquisition or adverse weather conditions will be taken into consideration.
6. Failure to protect public health and safety.
SEVERABILITY
If by any term, provision or condition of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in
full force and effect and shall in no way be affected, impaired or invalidated.
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AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this _ day of June
2000, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter
referred to as "CITY", and hereinafter referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on the CITY invited bids for landscape maintenance services for
City maintained properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal which was
accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
(1) TERM. The term of this Agreement shall be from
July 2000 through June 30, 2001 or to such later date as may be agreed in
writing between parties.
(2) CITY'S OBLIGATIONS. For furnishing services, as specified in this
Agreement, CITY will pay and CONTRACTOR shall receive in full
compensation, therefore the total sum ($)
as set forth in the Contract Documents and adopted by the CITY.
(3) CONTRACTOR'S OBLIGATION. For, and in consideration of the payments
and agreements hereinbefore mentioned to be made and performed by CITY,
CONTRACTOR agrees with CITY to furnish the services and to do everything
required by this Agreement and the Specific Terms and Conditions.
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(4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees tc
defend, indemnify, and hold harmless CITY, its officials, officers, employees,
representatives, and agents, from and against all claims lawsuits, liabilities or
damages of whatsoever nature arising out of our connection with, or relating in
any manner to, any act or omission of CONTRACTOR, his agents, employees,
and subcontractors and employees thereof in connection with the performance or
non-performance of this Agreement. The CONTRACTOR shall thoroughly
investigate any and all claims and indemnify the CITY and do whatever is
necessary to protect the CITY, its official, officers, employees, agents, and
representatives as to any such claims, lawsuits, liabilities or damages.
AMENDMENTS. Any amendment, modification, or variation from the terms of
this Agreement shall be in writing, signed by the CONTRACTOR and approved
by the City Council of the CITY.
(6) TERMINATION. If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or condition contained
herein, CITY may notify CONTRACTOR in writing of such defect or failure to
perform; which notice must give CONTRACTOR a three-day notice of time
thereafter in which to perform said work or cure the deficiency. If
CONTRACTOR fails to perform said work or cure the deficiency within the three
(3) days specified in the notice, such shall constitute a breach of this Agreement
and CITY may terminate this Agreement immediately by written notice to
CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein,
neither party shall have any further duties, obligations, responsibilities, or rights
under this Agreement except, however, any and all obligation of
CONTRACTOR's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination hereof. In said
event, CONTRACTOR shall be entitled to the reasonable value of its services
performed from the beginning of the period in which the breach occurs up to the
day it received CITY's Notice of Termination, minus any offset from such
payment representing the CITY's damages from such breach. CITY reserves the
right to delay any such payment until completion of confirmed abandonment of
the project, as may be determined in the CITY's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall
CONTRACTOR be entitled to receive in excess of the compensation quoted in its
bid.
The City Council may terminate the contract with 30 days written notice for any
reason.
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(7) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms
and Conditions; General Terms and Conditions; Specific Terms and Conditions;
Bid Submission Form(s), Addendum Nos. ; Change Orders; additional or
supplemental specifications, drawing, maps or diagrams; and CITY issued forms
relating to this project, are hereby incorporated in and made a part of this
Agreement.
(8) COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
(9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors
as it may employ, to engage in discrimination in employment of any person
because of the age, race, color, sex, national origin or ancestry, or religion of such
persons. Violation of this provision may result in the imposition of penalties
referred to in Labor Code Section 1735.
(10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and
other written material used by CONTRACTOR in preparing its statements to
CITY as a condition precedent to any payment to CONTRACTOR.
(11) NOTICE. All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
Office of the City Clerk CONTRACTOR
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(12) LITIGATION COSTS. In the event an action is filed by either party to enforce
any rights or obligations under this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and court costs, in addition to any
other relief granted by the court.
(13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and
CONTRACTOR do warrant that each individual executing this Agreement on
behalf of each party is a person duly authorized.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation CONTRACTOR
BUFORD A. CRITES, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
SHEILA R. GILLIGAN, City Clerk
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO CONTENT:
RICHARD J. FOLKERS, P.E.
ASSISTANT CITY MANAGER/
PUBLIC WORKS DIRECTOR
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
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ATTACHMENTS
27
CITY OF PALM DESERT CONTRACT#17690
ACTIVITY REPORT FOR WEEK ENDING
LOCATION
DATE TESTED
STATUS
COUNTRY CLUB
MEDIANS
COOK STREET MEDIANS
FRANK SINATRA DRIVE
MEDIANS
HOVELY LANE EAST
MEDIANS
VIA CINTA MEDIANS
ELDORADO DRIVE
MEDIANS
DINAH SHORE DRIVE
MEDIANS
WASHINGTON STREET
MEDIANS
AVENUE OF THE STATES
MEDIANS
CONTRACTOR WILL SIGN HERE TO CONCUR THAT WORK HAS BEEN COMPLETED
CONTRATOR
go
CITY OF PALM DESERT CONTRACT #17690
ACTIVITY REPORT FOR WEEK ENDING
LOCATION
LITTER
WEED
CHEMICAL
TURF
FERTILIZATION
PICK
CONTROL
MAINTENANCE
MAINTENANCE
COUNTRY CLUB
MEDIANS
COOK STREET
MEDIANS
FRANK SINATRA
MEDIANS
HOVELY LANE EAST
MEDIANS
VIA CINTA MEDIANS
ELDORADO DRIVE
MEDIANS
DINAH SHORE DRIVE
MEDIANS
WASHINGTON ST.
MEDIANS
AVENUE OF THE
STATES MEDIANS
PLACE DATE WORK WAS COMPLETED IN BOX. FOR CHEMICAL MAINTENANCE OR FERTILIZATIO,
SUBMIT A LOG SHEET AS STATED 1N THE CONTRACT.
Contractor will sign below to concur that work has been completed.
CONTRACTOR
29
EXHIBIT C
LANDSCAPING COST SHARING
Country Club Drive
CITY OF
PALM DESERT
50%
Hovley Lane East I
4Pam D�I
W»o,m�.mw G�
\V '� O'�Ol ilF)aM
COUNTY OF
RIVERSIDE
37.5%
Avenue 42
CITY OF
-La OUINTA
1257. N
Fred Waring Drive —
City of Palm
Wa**4on street
LANDSCAPING COST SHARNG