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RFQ - Parks Landscape Maintenance Services Project No. 2018-32 PARKS LANDSCAPE MAINTENANCE SERVICES Project No 2018-32 CITY OF LA QUINTA 1 | P a g e 2 | P a g e REQUEST FOR QUALIFICATIONS AND PROPOSALS PARKS LANDSCAPE MAINTENANCE SERVICES; PROJECT NO. 2018-32 The City of La Quinta (“City”) requests Qualifications and Proposals (RFQ/RFP) from qualified contractors (“Contractors”) to provide landscape maintenance services for City of La Quinta Parks, Project No. 2018-32. A mandatory pre-proposal meeting is scheduled for Wednesday, April 24, 2019, at 2:00 p.m. at La Quinta City Hall, 78495 Calle Tampico, La Quinta, CA 92253. PROPOSAL FORMAT AND CONTENT: The City is seeking a separate Qualification Work Proposal and a separate Cost Proposal. They should be submitted in separate envelopes clearly marked with the Contractor’s name, address, phone number, and email address. Given that this is a solicitation for maintenance services, the City will rank the proposals based upon qualifications and then consider cost. Only one proposal per Contractor will be considered. All qualifications and proposals shall be enclosed in a sealed envelope with the words clearly written on the front: “PARKS LANDSCAPE MAINTENANCE SERVICES, PROJECT NO 2018-32, - DO NOT OPEN WITH REGULAR MAIL.” All proposals shall be firm offers subject to acceptance by the City and may not be withdrawn for a period of 180 calendar days following the last day to accept proposals. Proposals may not be amended after the due date except by consent of the City. All proposals must clearly address all of the requirements outlined in this RFP. Proposal packages are to be submitted to the City on/or before Wednesday, May 8, 2019, at/or before 5:00 p.m. Proposal packages received after the stated deadline will not be accepted. Proposal packages are to be delivered to Robert Ambriz, Jr. Parks Superintendent City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 3 | P a g e Envelope 1; Qualification Work Proposal must include: (Submit four (4) copies and one (1) electronic PDF via USB drive) (1) Work Proposal Qualification Summary Sheets (page numbers 6-13); (2) Section 1200; Contract Documents; (3) Section 1205; Examination of Contract Documents (4) Section 1210; Compliance Form; (5) Section 1220; Certification of Proposers Experience and Qualifications; (6) Section 1230; Non-Collusion Affidavit. Envelope 2; Cost Proposal must include: (Submit two (2) copies) (1) Section 1240; Summation - Proposal Form (2) Section 1300; Contract (pages 1 through 6) from Contract filled out completely. Qualification Work Proposals will be reviewed by a Selection Committee. Contractors will be selected for possible contract negotiations based upon the materials submitted. The Committee may choose to interview two or more closely-rated contractors. The City of La Quinta will open contract negotiations with the top-ranked proposer. The successful Contractor will be expected to enter into the City’s standard Contract. The tentative schedule is as follows: Request for Qualifications and Proposals Posted Monday, April 15, 2019 Mandatory Pre-Proposal Meeting Wednesday, April 24, 2019 Questions Due Tuesday, April 30, 2019 Qualifications and Proposals Due Wednesday, May 8, 2019 City Council Approval Tuesday, May 21, 2019 Start Date for Services Monday, July 1, 2019 Thank you for your interest, Robert Ambriz, Jr. Parks Superintendent 4 | P a g e Pre-contractual Expenses: The City shall not be responsible for, under any circumstances, any claims of expenses necessary for the proposer to receive, evaluate, complete and deliver the proposal. The proposer should also not include any pre-contractual expenses or fees in the proposal. Conflicts of Interest: The proposer affirms that to the best of his or her knowledge, there exists no actual or potential conflicts between the firm’s business or financial interests, under the Contract, or any officer, employee, or agent of the City. For the duration of the Contract, the proposer shall refrain from undertaking any work for any individual, business, or legal entity, in which direct conflicts of interest regarding the services to be provided thereunder or herein may arise. RFP Addenda and Clarifications in Written Comments: All comments and questions from proposers must be submitted in writing and received at/or before 5:00 P.M. on Tuesday, April 30, 2019 (“Addenda Due Date”), and must be submitted via the following approved written methods addressed to Robert Ambriz, Jr., Parks Superintendent, Facilities Department: • Via e-mail to Robert Ambriz, Jr. at rambrizj@laquintaca.gov • Via mail, if the correspondence is received and date stamped by the City on or prior to Tuesday, April 30, 2019. Any questions raised verbally shall not be addressed by the City. Submittal of written comments or questions shall not be considered by the City unless submitted in an approved method on or before the addenda due date. Written comments or questions received via approved method within the time prescribed herein will be addressed by the City’s issuance of an addendum to this RFQ/RFP. Notwithstanding anything else herein, if it becomes necessary for the City to revise any part of this RFQ/RFP, or to provide clarification or additional information after this RFQ/RFP has been issued, a written addendum will be posted and published on the City’s website, http://www.laquintaca.gov. It shall be the responsibility of the proposer to check the City’s website for any changes or questions submitted. All addenda shall become part of the RFP. 5 | P a g e PROPOSAL EVALUATION AND CONTRACT AWARD: Selection Committee: The Selection Committee consisting of City staff will be responsible for reviewing, analyzing, and evaluating the proposals received. Interviews may be included in the evaluation process. The Committee may also conduct contract negotiations with the highest rated proposer. Evaluation Criteria: Proposals will be evaluated by the panel, considering the factors listed below and in no order of significance. ➢ The Contractor's demonstrated competence in similar work and/or their demonstrated ability to take on, train, and retain personnel sufficient to do landscape work of this scope. ➢ The Contractor's ability to provide adequate scheduling, supervision, and the distribution of work crews. ➢ The Contractor's references. ➢ The Contractor's ability to effectively show proof of implementing and managing a thorough quality control program. ➢ Contract Labor Summary. ➢ Facilities, equipment, and on-site evaluations. Facilities equipment on-site evaluation: Upon selection of the most qualified proposers, the City may require the finalists to make an oral presentation to the Selection Committee and/or the City Council and/or City Manager. The City expressly reserves the right to reject any or all proposals, with or without providing a reason and to waive any irregularities or informalities in the offers received. In the event of any such rejection, or in the event a proposer’s offer is not rejected but does not result in contract award, the City shall not be liable for any costs incurred by the proposer in connection with the preparation and submittal of the proposal. 6 | P a g e REQUEST FOR QUALIFICATIONS SUMMARY (Use additional pages if needed) Company Name:_________________________________________________________ Mission Statement:_______________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Statement of Values:______________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 7 | P a g e Work Schedule (Use additional pages or an alternate format if needed) Provide a proposed detailed schedule of work. The proposed schedule should address weed control, plant replacement, tree maintenance and include weekly/monthly strategies to improve the overall appearance of the City’s parks, retention basins, and Civic facilities. Proposed weekly schedule of work: ______________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 8 | P a g e PARKS AND CIVIC FACILITIES DETAILS Park Facility Turf Shrub / Ground Cover Irrigation Trees Maxicom or IQ Play Equip Trash and Receptacles Adams Park (44425 Adams Street) X X X X X X X Bear Creek Trail (Avenida Carranza to Calle Tecate) curb to curb/fence between Carranza and Ensenada, then trail and 30 feet east and to fence west X X X X X Civic Center Campus (78495 Calle Tampico) Park X X X X X X City Hall X X X X X X Library X X X X X X Wellness Center X X X X X X La Fonda Open Area X X X X X Tampico X X X X Colonel Mitchell Paige Middle School Sports Fields (Washington Street/Palm Royale Drive) X X Cove Oasis Trailhead (above Calle Tecate) X X X X X Entryway (Calle Tecate and Avenida Madero) X X X X X Parking Lot (Calle Tecate and Avenida Bermudas) X Desert Pride Park (Bayberry Lane/Birchcrest Circle) X X X X X X X Eisenhower Mini Park (53490 Eisenhower Drive) X X X X X X X Fred Wolff Bear Creek Nature Preserve (West side of Avenida Montezuma) X X X 9 | P a g e Fritz Burns Park (78107 Avenue 52) X X X X X X X La Quinta Park (79120 Blackhawk Way) X X X X X X X Monticello Park [Excluding Retention Basin] (Jefferson Street/Fred Waring Drive) X X X X X X Museum (77885 Avenida Montezuma) X X X X Pioneer Park (Seeley Drive/Miles Avenue) X X X X X X Saguaro Park (Saguaro Road/Bottlebrush Avenue) X X X X X X X Seasons Retention Basin (Cloud View Way) X X X X X X X Sports Complex (78900 Avenue 50) X X X X Velasco Mini Park (Calle Temecula/Avenida Velasco) X X X X X X X 10 | P a g e RETENTION BASINS/OTHER AREAS DETAILS Retention Basins/Other Areas Turf Shrub / Ground Cover Irrigation Trees Maxicom or IQ Play Equip Trash and Receptacles Calle Rondo Channel X X X X X Green Belt – (Calle Tampico/Eisenhower Dr.) X X X X X Youth Center (YMCA) (Moon River Dr. and Ave. 50) X X X X X Perimeter – Moon River east side (North of Ave. 50) X X X X X Retention Basin - Acacia (Miles Ave./N. Harland Dr.) X X X X X Retention Basin - Cactus Flower #1 (Goldenrod Cir.) X X X X X Retention Basin - Cactus Flower #2 (Foxtail Cir.) X X X X X Retention Basin - Cactus Flower #3 (Iris Ct.) X X X X X Retention Basin - Cactus Flower #4 (Star Flower) X X X X X Retention Basin - Del Rey (Bridgette Way/Desert Stream Dr.) X X X X X Retention Basin - L.Q. Highlands X X X X X Retention Basin - Quinterra #1 (West Side) Los Manos Dr. X X X X X Retention Basin - Quinterra #2 (East Side) Los Manos Dr. X X X X X Retention Basin - Rancho Ocotillo #1 (Camino La Cresta) X X X X X Retention Basin - Rancho Ocotillo #2 (Ocotillo Dr.) X X X X X Retention Basin - Topaz (Desert Stream Dr./Dune Palms Rd.) X X X X X Retention Basin - Washington St. (west side, south of Ave. 47) X X X X X Retention Basin – Adams Park (44425 Adams Street) X X X X X 11 | P a g e EQUIPMENT TO BE USED (Use additional pages or an alternate format if needed) List equipment to be used on this project (include any specialized equipment), projected preventative maintenance program, and frequency of maintenance performed. Equipment & Maintenance List:_________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 12 | P a g e CERTIFICATIONS List any certifications that apply to this project held by your company and/or staff and how many staff members have those certifications. Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Additional Comments:___________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ 13 | P a g e PROPOSED PERSONNEL Provide a list of proposed management personnel for this project. Provide details as to what would make your staff more qualified than anyone else. List the assigned Supervisor’s and Foreman’s experience in working with municipalities, businesses, and HOA’s. Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Additional Comments:________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ REQUEST FOR QUALIFICATIONS AND PROPOSALS CONTRACT SPECIFICATIONS CITY PROJECT NO. 2018-32 PARK LANDSCAPE MAINTENANCE SERVICES CITY OF LA QUINTA, CALIFORNIA PREPARED FOR: CITY OF LA QUINTA FACILITIES DEPARTMENT 78495 CALLE TAMPICO LA QUINTA, CA 92253 (760) 777-7091 APPROVED BY: ______________________________________ DATE: April 15, 2019 Steve Howlett, Facilities Director i TABLE OF CONTENTS PARKS LANDSCAPE MAINTENANCE PROJECT NO 2018-32 DIVISION 1 - PROPOSAL AND CONTRACT REQUIREMENTS PAGE 1100 Invitation to Propose 1100-1 1110 Instructions to Proposers 1100-3 1200 Contract Documents 1200-1 1205 Examination of Contract Documents 1200-3 1210 Compliance Form 1200-4 1220 Certification of Proposer's Experience and Qualif 1200-7 1230 Non-Collusion Affidavit 1200-8 1240 Summation – Proposal Form 1200-10 1250 Notice to Contractor 1200-11 1300 Contract 1300-1 1310 Performance Bond 1300-7 1320 Payment Bond 1300-12 1330 Workers' Compensation Insurance Certificate 1300-14 1340 Liability and Insurance Requirements 1300-16 1.0 Indemnification 1300-16 2.0 Insurance Requirements 1300-17 2.1 General 1300-17 2.2 Commercial General Liability Policy 1300-18 2.3 Workers’ Compensation Insurance 1300-18 2.4 Business Auto Policy 1300-18 2.5 Excess or Umbrella Liability Insurance 1300-19 2.6 Change in Terms 1300-22 1400 General Conditions 1400-1 1.0 General 1400-1 1.1 Intent of Contract Documents 1400-1 1.2 Discrepancies and Omissions 1400-1 1.3 Headings 1400-2 1.4 Penalty for Collusion 1400-2 1.5 Successors and Assigns 1400-2 1.6 Assignment to City 1400-2 1.7 Rights and Remedies 1400-2 1.8 Definitions 1400-2 2.0 Administration 1400-6 2.1 Administration of the Contract 1400-6 2.2 Parks Superintendent 1400-7 2.3 Consultants 1400-7 ii 3.0 City 1400-7 3.1 General 1400-7 3.2 Attention to Work 1400-8 3.3 Inspection 1400-8 3.4 City's Right to Carry Out the Work 1400-8 3.5 City's Right to Perform Work and to Award Separate Contracts 1400-8 4.0 Contractor 1400-9 4.1 Office 1400-9 4.2 Contractor's Representative 1400-9 4.3 Project Procedures 1400-9 4.4 Contractor's Employees 1400-9 4.5 Subcontractors 1400-10 4.6 Contractor's Equipment and Facilities 1400-10 4.7 Public Safety and Convenience 1400-10 4.8 City-Contractor Coordination 1400-10 4.9 Permits 1400-11 4.10 Contractor's Responsibility for the Work and Material 1400-12 4.11 Laws to be Observed 1400-12 4.12 Safety 1400-14 5.0 Control of Work and Material 1400-15 5.1 Means and Method 1400-15 5.2 City-Furnished Materials 1400-16 5.3 Defective and Unauthorized Work 1400-16 5.4 Unnoticed Defects 1400-16 5.5 Right to Retain Imperfect Work 1400-16 6.0 Progress of the Work 1400-17 6.1 Beginning of Work 1400-17 6.2 Time of Completion 1400-17 6.3 Delays 1400-17 6.4 Temporary Suspension of Work 1400-18 6.5 Termination of Contract 1400-18 7.0 Changes in Scope of Work 1400-19 7.1 Change Orders 1400-19 7.2 Differing Site Conditions 1400-20 7.3 Resolution of Disputes 1400-20 8.0 Project Modifications Procedures 1400-24 8.1 Changes in Contract Price 1400-24 8.2 Negotiated Change Orders 1400-24 8.3 Force Account Payment 1400-26 9.0 Payment 1400-28 9.1 Scope of Payment 1400-28 9.2 Partial Payments 1400-29 9.3 Partial Payments - Inclusion of Material on Hand 1400-30 9.4 Right to Withhold Amounts 1400-30 9.5 Warranty of Title 1400-31 iii DIVISION 2 - GENERAL PROJECT REQUIREMENTS 2000 General 2000-1 1.0 Contract Location 2000-1 2.0 Contract Items 2000-1 3.0 Permits and Licenses 2000-1 4.0 Workman’s Compensation Coverage 2000-1 5.0 Insurance Compliance Requirements 2000-1 6.0 Working Hours 2000-2 7.0 Holidays 2000-2 8.0 Performance Deficiencies and Reduction in Payment 2000-2 9.0 Termination 2000-3 9.1 Termination Prior to Expiration of Term 2000-3 9.2 Termination for Default of Contractor 2000-3 9.3 Attorneys’ Fees 2000-4 10.0 Labor Charges 2000-4 11.0 Damages 2000-4 12.0 Materials 2000-4 13.0 Water 2000-5 14.0 Acceptance 2000-5 15.0 Complaints Received by the City 2000-5 16.0 Communications 2000-5 17.0 Contractor’s Employees 2000-6 18.0 Quality Control/Quality Assurance 2000-6 18.1 Quality Control 2000-6 18.2 Supervision and Manpower Allocation 2000-7 18.3 Safety 2000-7 18.4 Weekly Maintenance Schedule 2000-7 18.5 Authorization 2000-7 18.6 Landfill Diversion 2000-7 19.0 Landscape Maintenance Equipment Inventory 2000-8 iv 20.0 Special Requests 2000-10 21.0 Project Inspections 2000-10 22.0 Safety 2000-10 23.0 Traffic Control 2000-11 24.0 City’s Right To Do Work 2000-11 25.0 Cooperation/Collateral Work 2000-11 26.0 Protection of Property During Inclement Weather 2000-11 27.0 Protection of Existing Facilities and Structures 2000-11 28.0 City Liaison 2000-12 29.0 Method of Payment 2000-12 30.0 Work Not Included 2000-12 31.0 Contractor Neglect 2000-12 32.0 Sound Control Requirements 2000-12 33.0 Administration 2000-13 DIVISION 3 – SPECIFIC PROJECT REQUIREMENTS SECTION 3000 1.0 Scope of Work 3000-1 2.0 Scheduling of Work 3000-1 3.0 Services to be Performed 3000-1 3.1 General 3000-1 3.2 Trash Collection, Cleaning, and Maintenance 3000-1 3.3 Fertilizing of Turf 3000-2 3.4 Weeding 3000-3 3.5 Mowing 3000-3 3.6 Vegetation Maintenance 3000-4 3.7 Pest Control of Plant Material 3000-7 3.8 Drainage Facilities 3000-10 3.9 Fertilization 3000-10 3.10 Plant Additions and/or Replacements 3000-11 3.11 Clean-Up 3000-11 4.0 Sprinkler Maintenance Details 3000-11 5.0 Weed Control of Paved Surfaces 3000-17 v 6.0 Guarantee and/or Replacement Policy 3000-17 7.0 Turfgrass 3000-17 8.0 Facility Maintenance 3000-19 8.1 Landfill Diversion 3000-21 SECTION 5000- Fertilization Schedule 5000-1 SECTION 6000- Periodic Services 6000-1 1.0 Services Due December – February 6000-1 2.0 Services Due March – May 6000-1 3.0 Services Due June – August 6000-2 4.0 Services Due September – November 6000-2 SECTION 7000– Pruning and Training Quality Standards 7000-1 SECTION 8000– Reports and Schedules 8000-1 Form 1 – Performance Deficiency Deduction 8000-2 Form 2 – Landfill Diversion Report Form 8000-3 Form 3 – Weekly Maintenance Schedule 8000-4 Appendix - Parks and Civic Facilities Details Appendix - Retention Basins/Other Areas Details vi THIS PAGE INTENTIONALLY LEFT BLANK Invitation to Proposal 1100-1 SECTION 1100 INVITATION TO PROPOSE PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 SEALED REQUESTS FOR QUALIFICATIONS AND PROPOSALS will be received by the City of La Quinta (City) located at 78495 Calle Tampico, La Quinta, California, 92253, until 5:00 p.m. on Wednesday, May 8, 2019, at which time they will be publicly opened and read for performing work as follows: Furnish all necessary materials, equipment, labor, and incidentals as required to perform landscape maintenance duties for the parks, retention basins, and civic facilities. The work involved is in the Park Landscape Maintenance Services consisting of maintenance and repair of all plant material, ground cover, irrigation, and cleaning of all park facilities excluding building interiors. A listing of sites for each landscape maintenance area of responsibility has been included in the Appendix section of this Specification and Request for Proposal. A mandatory pre-proposal meeting is scheduled for Wednesday, April 24, 2019 at 2 p.m. in the La Quinta City Hall Study Session Room located at 78495 Calle Tampico, La Quinta, CA 92253. IMPORTANT: It is the responsibility of the proposer to check the City’s website for any changes or questions submitted prior to April 30, 2019. Proposal procedures are prescribed in the specifications. Proposals shall be executed on the forms bound and made a part of said Specifications. The City reserves the right to reject any or all proposals, and to waive any irregularities in the proposals. All proposers shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid Class C-27 (Landscaping Contractor) License at the time that the proposal is submitted. Failure to possess the specified license(s) shall render the proposal as non- responsive. Additionally, the Contractor will also qualify themselves at the time of PROPOSAL SUBMISSION by providing at least one staff member who has a State Pesticide Applicators License (QAL), a staff member who is a Certified Arborist, a staff member who is certified in the Operation of Maxicom and IQ systems, and a staff member who is a Certified Landscape Irrigation Auditor (CLIA). This project is subject to Prevailing Wage. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Proposal, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Invitation to Proposal 1100-2 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The successful proposer will be required to furnish a Performance Bond in the amount equal to one-hundred percent (100%) and a Payment bond in the amount equal to twenty-five percent (25%) of the Contract Annual amount. Proposal forms received after the designated time will not be accepted. No proposer may withdraw its proposal for a period of sixty (60) days after the date set for the opening of proposals. Proposals shall be submitted only in a sealed envelope. Approved By: Date: Steve Howlett Facilities Director 1100-3 SECTION 1110 INSTRUCTIONS TO PROPOSERS 1.0 WORK TO BE DONE It is the intention of the City to maintain the parks, retention basins, and civic facilities as shown and set forth in the specifications and in the particular locations listed in the appendix of the specifications. All of the work is particularly set forth in the specifications and all of said work, together with all other work incidental thereto, is included. The work includes the furnishing of all labor, materials, incidentals and equipment necessary for the perpetual maintenance of park landscape areas and irrigation systems in the Park Maintenance Landscape Services. The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each proposer shall thoroughly examine and be familiar with the Contract documents contained in the Project Manual, drawings and addenda, if any. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the proposer has thoroughly examined and is familiar with the Contract documents. The failure or neglect of a proposer to receive or examine any of the Contract documents shall in no way relieve him from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract documents. 3.0 INSPECTION OF SITES Proposers are required to inspect all sites (i.e., parks) to satisfy themselves by personal examination, or, by such other means, as they may prefer, of the locations of the proposed work and of the actual conditions of and at the site s of work. If during the course of its examination, a proposer finds facts or conditions that appear to be in conflict with the letter or spirit of the proposal documents, the proposer may apply to the City, in writing, for additional information and explanation before submitting its proposal. Submission of a proposal by the proposer shall constitute acknowledgment that if awarded the Contract; is relying on its own examination of the following: A. All sites of the work; B. Access to the sites; and C. All other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the sites of the work to be maintained under the Contract. 1100-4 The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the proposer to the extent such independent investigation of site conditions is deemed necessary or desirable by the proposer. 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations or interpretations will be made to any proposer as to the meaning of the Contract documents. Requests for an interpretation shall be made in writing and delivered to the following address at least five (5) days before the proposal opening: Robert Ambriz, Jr., Parks Superintendent City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Requests to clarify the source of materials, equipment, suppliers or any other such matters which does not modify, change, increase, or decrease the scope of work that requires no action by the City other than a response to the proposer requesting the clarification. Requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification, which modifies, changes, increase s or decreases the scope of work, requires issuance of an addendum by the City for the interpretation to become effective. 5.0 POSTPONEMENT OF OPENING The City reserves the right to postpone the date and time for receiving and/or opening of proposals at any time prior to the date and time established in the Request for Proposal (RFP). Postponement notices will be posted on the City’s RFP website page. 6.0 OPENING OF PROPOSALS The Selection Committee will rank the Contractors for contract negotiations based upon the materials submitted. The Committee may choose to interview two or more closely rated candidates. The City of La Quinta will open contract negotiations with the top-ranked proposer. The successful Contractor will be expected to enter into the City of La Quinta’s standard Contract Services Agreement. 7.0 PREPARATION OF PROPOSAL FORMS Proposals shall be made on the blank forms in this manual and must be submitted at the time and place stated in the Invitation to Proposal. All blanks in the proposal forms must be appropriately filled in, and all prices must be stated in figures. Work and cost proposals must be submitted in separate sealed envelopes. It is the sole responsibility of the proposer to see that its submittal was received in proper time. Any proposal received after the scheduled closing time for receipt of proposals shall not be considered. City shall not be responsible for errors or omissions in the proposal. 1100-5 8.0 PROPOSER'S SIGNATURE AND AUTHORITY If the proposal is made by an individual, his/her name, signature, and post office address must be shown. If the proposal is made by a firm or partnership, the name, post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown. If the proposal is made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name, post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer signing the proposal to execute Contracts on behalf of the corporation. If the proposal is made by a joint venture, a representative of one of the joint venture firms shall sign the proposal. Additionally, the proposal shall include a copy of the resolution or agreement empowering the representative to execute the proposal and bind the joint venture. 9.0 ERASURES The proposal submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the proposal. 10.0 PROPOSAL IRREGULARITIES Changes in or additions, alternate proposals, or any other modifications of the proposal form which is not specifically called for in the Contract Documents may result in rejection of the proposal by the City, as non-responsive. No oral or telephonic modification of any proposal submitted will be considered. 11.0 MODIFICATION OF PROPOSAL Modification of a proposal already received will be considered only if the modification is received prior to the time established for receiving proposals. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal. 12.0 WITHDRAWAL OF PROPOSALS In accordance with Public Contract Code 5103, within five days after the opening of proposals, a proposer may withdraw its proposal providing the proposer can establish to the City's satisfaction that a mistake was made in preparing the proposal. A proposer desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the proposal materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Project Documents. 1100-6 13.0 ADDENDA Addenda issued during the RFP process shall become a part of the documents furnished to proposers for the preparation of proposals, shall be covered in the proposals, and shall be made a part of the Contract. Each proposal shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the proposing period. Failure to acknowledge may result in the proposal being rejected as non-responsive. Failure of any proposer to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. Addenda will be posted on the City’s website. The contractor is responsible to check the website for any additional Addenda. 14.0 PROPOSAL PRICES Proposal prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plants, and other facilities, and the management, superintendence, labor and services. Proposal prices shall include allowance for all federal, state and local taxes. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount proposal. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed the amount proposal. If the sum of two or more items in a proposing schedule does not equal the total amount quoted, th e individual item amounts shall govern and the correct total shall be deemed the amount proposal. 15.0 BONDS The Successful Proposer shall execute and submit a Performance Bond in the amount of One Hundred percent (100%) of the contract price, and a Payment Bond in the amount of Twenty-five percent (25%) of the contract price. All bonds required under these specifications must be on the City’s forms contained in the contract documents. Binds shall be provided by a company admitted as Surety in the State of California, as defined in Code of Civil Procedure Section 995.120 in the event the contract is extended, a new Payment Bond and Performance Bond are required. Bonds required under these specifications and Civil Code section 9100 et seq shall be provided by a company admitted as Surety in the Sate of California and shall; in addition, to the bind form provide all information as follows: a. The original, or a certified wet copy, of the un-revoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the insurer’s receipt of a request to submit the instrument. 16.0 QUALIFICATION OF PROPOSER Each proposer shall complete and submit with their proposal Section 1220, CERTIFICATION OF PROPOSER’S EXPERIENCE AND QUALIFICATIONS. 1100-7 17.0 PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. The City may reject the proposals of the known participants in such collusion. Pursuant to Public Contract Code Section 7106, proposers shall execute and furnish with their proposals Section 1250, NON-COLLUSION AFFIDAVIT. 18.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Sections 4551 and 4552 of the California Government Code, in submitting a proposal to the City, the proposer offers and agrees that if the proposal is accepted it will assign to the City, all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the proposer for sale to the City pursuant to the proposal. Such assignment shall be made and become effective at the time the City tenders final payment to the proposer. 19.0 ASSIGNMENT OF CONTRACT No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received there under by the Contractor, will be recognized by City unless such assignment has had prior approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. 20.0 REJECTION OF PROPOSALS The City reserves the right to reject all proposals for any reason. The City further reserves the right to reject any proposal which is non-responsive, incomplete, obscure, or irregular; which omits a proposal on any one or more of the required proposal items; which does not contain satisfactory documentation of the proposer’s qualifications as required by Section 1110-16.0, QUALIFICATIONS OF PROPOSER; which, in the City's opinion, the unit prices are unbalanced, which is accompanied by insufficient or irregular proposal security, or which is from a proposer who has previously failed on a contract of any nature to perform properly or to complete it on time. The City also reserves the right to waive proposal irregularities. 21.0 CONTRACT AND BONDS The successful proposer, simultaneously, with the execution of the Contract, will be required to furnish a Performance Bond in the amount equal to one-hundred percent (100%) and a Payment bond in the amount equal to twenty-five percent (25%) of the Contract Annual amount, and the WORKER'S COMPENSATION INSURANCE CERTIFICATE in Section 1330. Said bonds shall be secured from a surety company satisfactory to City. 1100-8 The form of Agreement, as provided in Section 1300, which the successful proposer, as Contractor, will be required to execute, and the forms of bonds as provided in Sections 1310 and 1320, which it will be required to furnish, shall be carefully examined by the proposer. 22.0 AWARD OF CONTRACT Within sixty (60) days after the time of opening of the proposals, the City will act either to accept a proposal, to reject all proposals or, with the consent of the proposers and their sureties, to extend the time in which the City may act. The acceptance of a proposal will be evidenced by a notice of award of Contract in writing, delivered in person or by certified mail to the proposer whose proposal is accepted. No other act of City will constitute acceptance of a proposal. The award of Contract shall obligate the proposer whose proposal is accepted to furnish a payment bond and evidences of insurance, and to execute the Agreement in the form set forth in the Contract documents. The selection of a Contractor will depend primarily on the following criteria: A. The Contractor's demonstrated competence in similar work and demonstrated ability to do landscape work of this scope. B. The Contractor's ability to provide adequate supervision and the distribution of work crews. C. The lowest responsive, responsible proposer. D. The Contractor's references. E. The Contractor's ability to provide proof of required QAL, Certified Arborist, and Certified Maxicom/IQ personnel. F. Contract Labor Summary. G. Contractors Facilities and equipment. Selection of any or all alternates shall be at the sole discretion of the City. 23.0 EXECUTION OF CONTRACT The Contract shall be executed by the successful proposer and returned, together with the contract bonds and evidence of insurance, within ten (10) days after receiving written notice of the award of the Contract. Time is of the essence in this regard. After execution by City, one copy shall be returned to Contractor. 24.0 FAILURE TO ACCEPT CONTRACT If the proposer to whom the award is made fails to enter into the contract, the award will be annulled, an award may be made to the next lowest responsib le proposer, and that proposer shall fulfill every stipulation as if it were the party to whom the first award was made. 1100-9 25.0 CONTRACT ASSIGNMENT The proposer 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 of any kind without the previous written consent of the City Council of the City of La Quinta. 26.0 NON-DISCRIMINATION In the performance of the terms of this contract, the proposer agrees that it will not engage in, or permit such subcontractors as it may employ, to engage in discrimination in employment or persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. 27.0 LABOR ACTIONS In the event that the successful proposer is experiencing a labor action at the time of the award of the proposal (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible proposer and accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and declare it to be the lowest responsible proposer. 28.0 BUSINESS LICENSE All proposers shall be aware of the City's Business License Ordinance, which requires that a Business License is obtained before any business, trade, profession, enterprise, establishment, occupation, or calling is conducted within the City. A Business License is required when business is conducted in the City even when the principal location of the business may be outside of the City or a Business License is only evidence of the fact that the fee has been paid; it does not sanction or approve any operation not otherwise permitted. Verification that the proposer has a valid City of La Quinta Business License will be obtained by City prior to the execution of the purchase contract. 29.0 DEFINITIONS Whenever these words occur in this specification, they shall have the following meaning: A. Specification: Proposal, Instructions to Proposers, General Information, General Requirements, Specific Requirements, and any supplements, drawings, sketches, and data sheets, attached or referenced, comprise the complete specification. B. City: City of La Quinta. C. Contractor: The party or parties executing a contract with the City of La Quinta for the work specified herein. D. Project or Work: All landscape maintenance work specified, implied, or directed pursuant to these specifications. 1100-10 E. As Directed: Where this word appears in the specification, it shall signify that the item or items referred to are indicated on the drawing or exhibits which are a part of this specification. F. Approved, Approval: Satisfactory to the Facilities Director. G. Parks Superintendent: The person designated as the project representative for administration of the parks landscape maintenance contract. (Robert Ambriz, Jr., Parks Superintendent (760) 777-7091). H. Extra Work: Services, materials, or equipment furnished by the Contractor which is over and above his contract provisions and which are reimbursed by the City. I. Proposer: The party or parties competing for a contract with the City for the work specified herein. J. Contractor Control: Conditions or events that are reasonably within the Contractor's ability to guide or manage. K. City Representative: The person(s) designated by the City as the project representative for administration of compliance of this specification by the Contractor. L. Daily: Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday. M. Holidays: Those holidays observed by the City. 30.0 DILIGENT PERFORMANCE OF WORK If, in the opinion of the City representative or City Inspector, the labor furnished by the Contractor is incompetent, unskilled, or unreliable, his equipment inadequate, improper, or unsafe, or if the Contractor shall fail to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall promptly comply. 31.0 DISCREPANCIES, OMISSIONS, AND CLARIFICATIONS After executing the agreement, no consideration will be given to any claim or misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. Should a proposer discover discrepancies or omissions in the Specifications and/or should he be in doubt as to their meaning, he shall at once notify the City who will issue a written clarification or supplementary information by an addendum. Request for clarification must be made to the City not later than five (5) working days prior to the date of submission of proposals. Clarifications of a technical nature should be made by telephone to: Robert Ambriz, Jr., Parks Superintendent PHONE: (760) 777-7091 EMAIL: rambrizj@laquintaca.gov 1100-11 32.0 SUPPORT INFORMATION/QUANTITIES The support information or quantities such as square footage or acreage are prepared from the best information available. The purpose is to assist the proposer and the City takes no responsibility for complete accuracy. 33. WAGE RATES Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. End of Section 1100 1200-1 SECTION 1200 CONTRACT DOCUMENTS DATE: The undersigned, as proposer, declares that we have received and examined the Contract Documents entitled Park Landscape Maintenance Services, for the City of La Quinta, Project No. 2018-32 and will contract with the City, on the form of Agreement provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this proposal: SECTION TITLE 1200 Contract Documents 1205 Examination of Contract Documents 1210 Compliance Form 1220 Certification of Proposer's Experience and Qualifications 1230 Non-Collusion Affidavit 1240 Summation – Proposal Form 1250 Notice to Contractor We acknowledge that the following addenda/s have been received and have been examined as part of the Contract Documents. Addendum # Date Received Initials Name of Proposer Date Proposer Telephone Number Email Address 1200-2 If our proposal is accepted, we agree to sign the agreement without reservations and to furnish the performance bond and payment bond and the required evidences of insurance within ten (10) calendar days after receiving written notice of the award of the Contract. We further agree, if our proposal is accepted, and a contract for performance of the work is entered into with the City, to plan work and to execute it with such diligence that the work shall be completed within the time stipulated. __________________________ __________________________ Company Name Owner’s Representative Address of Proposer Contractor's License No. State of Incorporation License Expiration Date Department of Industrial Relations No. Telephone Number Signature of Proposer Title of Signatory __________ Witness Title of Witness 1200-3 SECTION 1205 EXAMINATION OF CONTRACT DOCUMENTS PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 Proposal to the City of La Quinta, In compliance with the Advertisement for Proposals, the undersigned Contractor: Has examined the contract documents, site of work, and being familiar with the conditions to be met, hereby submits the following Proposal for furnishing the material, equipment, labor, and everything necessary for the completion of the work listed and agrees to execute the contract documents and furnish the required bonds and certificates of insurance for the completion of said work, at the locations and for the prices set forth on the inside pages of this form. Understands that services of this project shall be in accordance with all applicable specifications in this document. Agrees that, upon receipt of a Notice of Award, from the City, the contractor will execute the contract documents. Work shall be completed within one (1) year (twelve [12] months), by June 30, 2020, beginning on July 1, 2019 as specified in the Notice to Proceed. Name of Proposer Date 1200-4 SECTION 1210 COMPLIANCE FORM AGREEMENT FOR CONTRACT SERVICES PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 Read and initial one of the paragraphs below, then sign at the bottom. _____I have read and understand the conditions of the Contract Services Agreement for the Park Landscape Maintenance services. If I am selected to perform landscape maintenance services for the City, I am willing and able to comply with all contract documents. _____ I have read and understand the conditions of the Contract Services Agreement for Park Landscape Maintenance services but am not able commit to all of the conditions required. Below are the portions I contest. Changing the described items would enable me to comply. (If you need more space please attach more pages and fill in the number of sheets at the bottom of the page. Any requested changes to the Contract Services Agreement must be approved by the City Attorney.) Print Name Signature Date 1200-5 SECTION 1220 CERTIFICATION OF PROPOSER'S EXPERIENCE AND QUALIFICATIONS The undersigned Proposer certifies that he is, at the time of proposing, and shall be, throughout the period of the Contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Proposer shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Proposer represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be perf ormed. Proposer further acknowledges that there are certain peculiar and inherent conditions existent in the maintenance of the particular facilities, which may create, during the landscape contract, unusual or peculiar unsafe conditions hazardous to p ersons and property. Proposer expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately, and safely, perform the work with respect to such hazards. The Proposer shall list below three (3) contracts completed in the last seven (7) years of similar size and complexity that indicate the Proposer's experience as a Landscape Maintenance Contractor. The projects must be similar in scope of work (i.e. commercial and/or municipal). Please indicate on additional paper if a quality control program was implemented, and managed, as part of the work efforts, and if written proof of the quality control program can be provided to the City of La Quinta prior to the award of proposal for this previous assignment. A. Project Name: Owner: Contract Amount: $ Contract Time: Calendar Days Owner's Representative: Owner's Telephone No: Duration of Contract: Years from to Prevailing Wage: __Yes __ No B. Project Name: Owner: Contract Amount: $ Contract Time: Calendar Days Owner's Representative: Owner's Telephone No: Duration of Contract: Years from to Prevailing Wage: __Yes __ No 1200-6 C. Project Name: Owner: Contract Amount: $ Contract Time: Calendar Days Owner's Representative: Owner's Telephone No: Duration of Contract: Years from to Prevailing Wage: __Yes __ No Signed this day of , 2019. Name of Proposer Contractor's License No. Address of Proposer License Expiration Date DIR Number (Prevailing Wage) Signature of Proposer Title of Signatory 1200-7 SECTIN 1230 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL State of California ) )ss. County of ) , being first duly sworn, deposes and says that he/she is of , the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirect ly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the con tract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price of any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member of agent thereof to effectuate a collusive or sham proposal. Signature Name of Proposer Title Date 1200-8 SECTION 1240 PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 SUMMATION – PROPOSAL FORM PARKS AND CIVIC FACILITIES Park Facility Unit Price Annual Price Adams Park Bear Creek Trail Civic Center Campus: Park City Hall Library Wellness Center La Fonda Open Area Tampico Colonel Mitchell Paige Middle School Sports Fields Cove Oasis: Trailhead Entryway (corner of Calle Tecate and Avenida Madero) Parking Lot (corner of Calle Tecate and Avenida Bermudas) Desert Pride Park Eisenhower Park Fred Wolff Nature Preserve Fritz Burns Park La Quinta Park Monticello Park (excluding Retention Basin) Museum Pioneer Park Saguaro Park Seasons Retention Basin Sports Complex Velasco Mini Park Total Combined Projects TOTAL BASE PROPOSAL FOR THE 24 PARKS AND CIVIC FACILITIES: ________ (IN WORDS) ($ ) 1200-9 SUMMATION – PROPOSAL FORM RETENTION BASINS Retention Basins/Other Areas Unit Price Annual Price Calle Rondo Channel Green Belt – Calle Tampico/Eisenhower Dr Youth Center (YMCA) on Moon River Perimeter – Moon River east side | (North of Ave 50) Retention Basin - Acacia (Miles Ave/N Harland Dr) Retention Basin - Cactus Flower #1 (Goldenrod Cir.) Retention Basin - Cactus Flower #2 (Foxtail Cir.) Retention Basin - Cactus Flower #3 (Iris Ct.) Retention Basin - Cactus Flower #4 (Star Flower) Retention Basin - Del Rey (Bridgette Way/Desert Stream Dr) Retention Basin - L.Q. Highlands Retention Basin - Quinterra #1 (West Side) Los Manos Dr. Retention Basin - Quinterra #2 (East Side) Los Manos Dr. Retention Basin - Rancho Ocotillo #1 (Camino La Cresta) Retention Basin - Rancho Ocotillo #2 (Ocotillo Dr.) Retention Basin - Topaz (Desert Stream Dr/Dune Palms Rd) Retention Basin - Washington St. | (west side, south of Ave 47) Retention Basin – Adams Park (44425 Adams Street) Total Combined Projects: TOTAL BASE PROPOSAL FOR THE 18 RETENTION BASINS AND OTHER AREAS: ________ (IN WORDS) ($ ) 1200-10 COMBINED PARKS AND CIVIC FACILITIES AND RETENTION BASINS Item No. Description Unit Quantity Unit Price Annual Price 1 PARKS AND CIVIC FACILITIES LS 24 2 RETENTION BASINS LS 18 TOTAL TOTAL COMBINED BASE PROPOSAL ITEMS: (IN WORDS) ($ ) A. Initial Annual Contract Period will be for one year (12 months) or until June 30, 2020. B. The City may elect to exercise an extension to renew this contract for four additional one-year terms with a ninety-day notice, on a year-to-year basis, contingent upon satisfactory work of the Contractor. C. The City may authorize a maximum increase per year to the above listed contract amount based on the Local Greater Los Angeles Consumer Price Index for Los Angeles, Anaheim, and Riverside areas. 1200-11 SECTION 1250 NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT TO: (Name of Contractor) YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of La Quinta (hereinafter referred to as “City”) for the landscape maintenance services designated as: PARK LANDSCAPE MAINTENANCE SERVICES PROJECT N0. 2018-32 (hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is on file in the office of the City Clerk, and further, you are hereby required within fifteen days (15 days) after this Notice to enter into a contract with said City for the doing of said work and to furnish a Performance Bond in the amount equal to one-hundred percent (100%) and a Payment Bond, as required by law, in a sum of twenty-five percent (25%) of the contract price. DATED this day of , 2019. Monika Radeva, CITY CLERK CITY OF LA QUINTA STATE OF CALIFORNIA Contract 1300-1 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City,” and _______________________________, herein referred to as, "Contractor." W I T N E S S E T H: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services to perform Project No. 2018-32, Park Landscape Maintenance Services in the City of La Quinta, California pursuant to the Request For Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Propose shall be controlling in that order of precedence. The time frame for work shall be in accordance with that specified in the Requests for Qualifications and Proposals. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code Regulations, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the Parks Superintendent. 4. Contractor shall commence work on July 1, 2019 after the issuance of a written Notice to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by Parks Superintendent at monthly sums and/or unit prices stated in the Contractor's Proposal, the base consideration ($__________,____.00). All payments shall be subject to approval by the Parks Superintendent and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Propose, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Contract 1300-2 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Propose, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; Contract 1300-3 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5). Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Contract 1300-4 Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in i ts sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Contractor shall hold the County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or sub-contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work requires by the Contract Documents and agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any such alleged acts or omissions. 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more t han 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections Contract 1300-5 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to submit proposals for public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 1300-6 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA, a California municipal corporation Dated: By: Frank J. Spevacek, City Manager ATTEST: ______________________________ Dated: Monika Radeva, City Clerk APPROVED AS TO FORM: Dated: City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: By: Signature Name: Title: Address: ___________________________________________________________ Street Address City State Zip Code E-mail: Dated: By: Signature Name: Title: Address: ___________________________________________________________ Street Address City State Zip Code E-mail: Performance Bond 1300-7 SECTION 1310 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ____________________________ (hereinafter referred to as the “Contract”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Performance Bond 1300-8 Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a proposal or proposals for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible proposer, arrange for a Contract between such proposer, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a proposal from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. Performance Bond 1300-9 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Performance Bond 1300-10 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Performance Bond 1300-11 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Payment Bond 1300-12 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on , 2019, awarded to , hereinafter designated as the Principal, a Contract for City Project No. 2018-32, Park Landscape Maintenance Services. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of DOLLARS ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Bond 1300-13 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2019, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety Workers Compensation Insurance Certificate 1300-14 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Title Date Workers Compensation Insurance Certificate 1300-15 THIS PAGE INTENTIONALLY LEFT BLANK Liability and Insurance Requirements 1300-16 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5). Liability and Insurance Requirements 1300-17 Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and Liability and Insurance Requirements 1300-18 policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Commercial General Liability Policy Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence for all covered losses and no less than Four Million Dollars ($4,000,000) general aggregate. Contractor’s policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, Collapse or Underground Hazard (X CU). b. Products and Completed Operations. c. Pollution liability. d. Contractual liability. Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2.3 Workers' Compensation Insurance Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. 2.4 Business Auto Policy Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the equivalent. Limits shall be no less than Liability and Insurance Requirements 1300-19 $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. 2.5 Excess or Umbrella Liability Insurance Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop-down provision providing primary coverage for liability not covered by primary but covered by the umbrella. Self-insured retentions are not permitted. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are authorized carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agree as follows: 1. Contractor agrees to endorse the third party Commercial General Liability coverage required herein to include as additional insureds City, its officials, employees and agents, and County, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985 or equivalent. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation expressed or implied on the part of City to any party involved in this Contract or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this Contract, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractors or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. Liability and Insurance Requirements 1300-20 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Contract (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any Contract involving City in relation to the project(s) contemplated by this Contract is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require written notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration of non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Contract to do likewise. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that Liability and Insurance Requirements 1300-21 upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self-insure its obligations to City. If contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. 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 will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers’ compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this Contract to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. 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. 18. Any provision in any of the documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and Liability and Insurance Requirements 1300-22 superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Contract and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Steve Howlett, Facilities Director City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 General Conditions 1400-1 SECTION 1400 GENERAL CONDITIONS 1.0 GENERAL 1.1 Intent of Contract Documents Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanl ike manner. Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complimentary and applicable to each other. In the event the materials and/or equipment are to be furnished by the City, as designated in the Specific Project Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract. Words and abbreviations which have well known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings. 1.2 Discrepancies and Omissions Any discrepancies or omissions found in the Contract Documents shall be immediately reported to the Parks Superintendent who will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. Contract a. Agreement b. Permits c. Change Orders 2. Instruction to Proposers 3. Permits issued by other agencies 4. Specific Project Requirements 5. General Project Requirements 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Standard Specifications 10. Reference Specifications General Conditions 1400-2 1.3 Headings Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents. 1.4 Penalty for Collusion If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any proposal or proposals, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new proposals for said Work. 1.5 Successors and Assigns The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, contracts, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 1.6 Assignment to City Pursuant to Public Contract Code 4551, in entering into t he Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts. This assignment shall be made and become effectiv e at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 1.7 Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City and its representatives or the consultants, shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 1.8 Definitions Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, General Conditions 1400-3 approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City. Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex. Singular words include the plural and "person" includes firms, companies, and corporations. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms. Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved. Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other na tural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God. Addenda - Written or graphic instruments issued prior to the proposal which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections. Proposal - The offer or proposal of the Proposer submitted on the prescribed form setting forth the price for the work to be performed. Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents. Proposer - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Calendar Day - Any day including legal holidays, Saturdays and Sundays. City - The City of La Quinta, a Municipal Corporation in the State of California. City Representative - The person designated in writing by the City to act as its agent on specified matters relating to this Contract. The City's Representative is not the City Engineer, but is another individual who has been designated to represent the City. Contract - The written document covering the performance of the Work as more fully described in, but not limited to, the plans, standard specifications, special and technical provisions, Contract bonds, proposal, addenda, and Contract Change Orders. General Conditions 1400-4 Contract Change Order - A written order to the Contractor, covering changes in the services or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order or Amendment. Contract Documents or Amendment - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable: Acknowledgments Addenda, if any Contract Designation of Subcontractors Executed Change Orders, if any Notice of Award General Conditions General Project Requirements Instructions to Proposers Invitation to Propose Notice to Proceed Payment Bond Performance Bond Permits from other agencies Proposal Documents Proposal Guaranty Bond Proposals Specific Project Requirements Standard Specifications State Standard Specifications Supplementary General Conditions Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract. Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the proposal schedule, with adjustments made in accordance with the Contract. The base amount given in the proposal schedule shall be either a lump sum proposal amount or the summation of the unit price proposals multiplied by the estimated quantities set forth in the proposal form. Also referred to as Contract Amount or Contract Sum. Contract Time – One fiscal year with options for extensions. Contract Completion Date – June 30, 2020. Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of his or their legal representatives. Contractor's Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. General Conditions 1400-5 Consultant - Individuals and/or companies retained by the City to provide specific professional services. Day(s) - Calendar Day(s), unless contract time is indicated in working days. Direct - Action of the City or Parks Superintendent by which the Contractor is ordered to perform or refrain from performing work under the Contract. Furnish - To deliver to the job site or other specified location any item, equipment, or material. General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered. Herein - Refers to information presented in the Project Specifications. Holidays - Legal holidays designated by the City or specifically identified in the Contract. Install - Placing, erecting, or constructing any item, equipment, or material. Liquidated Damages - A fixed amount to be paid to the City or to be deducted from any payments due, or to become due, to the Contractor as a result of the Contractor not completing the work in the time allowed in the specifications. Notice of Award - A written notice by the City to the Contractor informing him that the Contract has been awarded to him. Notice to Proceed - The written notice by the City to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work. Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications, called out by paragraph number and alphanumeric designator. Person - Includes firms, companies, corporations, partnerships, and joint ventures. Project - The undertaking to be performed under the provisions of the Contract. Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding. Provide - Furnish and install, complete in place. Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action. Site - The property as described where work is performed. Specific Project Requirements - Part of the Contract Documents establishing specific conditions or requirements peculiar to the work. General Conditions 1400-6 Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary General Conditions, General Project Requirements, Specific Project Requirements, applicable portions of the Standard Specifications and State Standard Specifications, and Technical Specifications. Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract. Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor does not include any separate contractor or any separate contractor's subcontractors. Submittals - The information which is specified for submission to the Parks Superintendent in accordance with the Project Specifications. Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof. Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor. Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law. Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action. Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract. Working Day - Any day, other than a holiday on which the Contractor may proceed with regular work on the current controlling operation as determined by the Parks Superintendent toward the meeting of contract requirements. 2.0 ADMINISTRATION 2.1 Administration of the Contract The Parks Superintendent will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of City retained consultants and the Parks Superintendent during the contract, as set forth in the Contract Documents, will not be modified or extended without written consent of the City. General Conditions 1400-7 2.2 Parks Superintendent 2.2.1 General - The Parks Superintendent has the authority to act on behalf of the City on change orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession. 2.2.2 Change Orders - The Parks Superintendent has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the Parks Superintendent within purchasing authority.. 2.2.3 Progress Payments - The Parks Superintendent has the authority to accept or reject requests for progress payments which have been submitted by the Contractor. 2.2.4 Contract Decisions - Should the Contractor disagree with decisions rendered under this Contract, the Contractor may appeal to the Parks Superintendent in accordance with the provisions of the Contract. 2.2.5 Acceptability of Work - The Parks Superintendent has the authority to make the final determination of the acceptability of the Work. 2.2.6 Contract Schedule - The Parks Superintendent has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic. 2.2.7 Inspection - The Parks Superintendent will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Parks Superintendent shall not be responsible for means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. In accordance with the provisions detailed elsewhere in these General Conditions, the Parks Superintendent will make decisions relative to all matters of interpretation or execution of the Contract Documents. 2.3 Consultants 2.3.1 General - Consultants will have the authority to act on behalf of the City only to the extent provided in the Supplemental General Conditions. 3.0 City 3.1 General The City, acting through the Parks Superintendent, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. General Conditions 1400-8 3.2 Attention to Work The City shall notify the Contractor in writing of the name of individuals designated as representatives of the Parks Superintendent. The representative will normally be at the Site of the Work. During the representative's absences, the Contractor may contact the Parks Superintendent or a previously designated representative. 3.3 Inspection The City’s Parks Superintendent will observe the Work and act in matters of inspection under this Contract. The Parks Superintendent will call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. Th e Parks Superintendent shall have the authority to reject material or, in any emergency, suspend the Work. Separate and independent from the inspection above, the project may be inspected by code compliance. Such inspectors shall have the authority provided to them by local jurisdiction. 3.4 City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies. The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or equipment. 3.5 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate Contracts in connection with other portions of the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. When separate Contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Contract. The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 1400-4.8.3, Cooperation. General Conditions 1400-9 4.0 CONTRACTOR 4.1 Office The Contractor's address stated in the Proposal is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other Articles of communication. 4.2 Contractor's Representative The Contractor shall notify the City in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall be an employee of the Contractor. Upon written request of the Contractor, this requirement may be waived by the City. The City's waiver, if granted will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor's operations. At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated alternate shall be available who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. Before initial work is begun on the Contract, the Contractor shall file with the Parks Superintendent addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress. 4.3 Project Procedures The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work. 4.4 Contractor's Employees The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them. The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Parks Superintendent to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Parks Superintendent, and such person shall not again be employed on the Project. General Conditions 1400-10 4.5 Subcontractors Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the Parks Superintendent, its consultants shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Parks Superintendent that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Proposal in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City. 4.6 Contractor's Equipment and Facilities The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 4.7 Public Safety and Convenience The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. 4.8 City-Contractor Coordination 4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the City or the Parks Superintendent to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragr aph 1400-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 1400-4.1, Office, or to the Contractor's address provided in the Proposal. 4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, Parks Superintendent, or authorized representatives to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contr actor. The City, Parks Superintendent, or authorized representatives assume no responsibility General Conditions 1400-11 therefore, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work. 4.8.3 Cooperation - The Contractor shall afford the City, the Parks Superintendent, and separate Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work and shall coordinate the Work with theirs as required by the Contract Documents. If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate Contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Parks Superintendent any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate Contractor's work as fit and proper to receive the Work, except as to defects which may subsequently become apparent in such work by others. If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of activities. The City shall keep the Contractor informed of the planned activities of other contractors. Any costs caused by defective or ill-timed work shall be borne by the responsible party. Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgement or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgement or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable. 4.9 Permits Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and start up of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or fileholder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. General Conditions 1400-12 Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's proposal price. 4.10 Contractor's Responsibility for the Work and Materials The Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof by the action of the elements or from any other cause, whether arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City. 4.11 Laws to be Observed The Contractor shall keep himself fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself or its employees. If any discrepancy or inconsistency is discovered, the Contractor shall immediately report the same to the Parks Superintendent in writing. 4.11.1 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. For each worker paid less than the stipula ted rate in the execution of the Contract by the Contractor, or any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth. No extra compensation whatever shall be allowed by the City due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added General Conditions 1400-13 compensation, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the proposal. If it becomes necessary to employ a craft other than those listed, the Contractor shall notify the City immediately and the City will determine the additional prevailing rate from the Director of the Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment. The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. 4.11.2 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code. The Contractor is responsible for its and its subcontractor’s compliance with the provisions of Section 1776 of the Labor Code. 4.11.3 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1½) times the basic rate of pay as provided for in Section 1815 of the Labor Code. General Conditions 1400-14 4.11.4 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project and which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this code section when requested by the City. For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code. 4.11.5 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers' Compensation Insurance 4.12 Safety The Contractor shall be solely and completely responsible for conditions of the project site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any fe atures of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided with guards and protectio n as required by safety codes. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph. General Conditions 1400-15 Before proceeding with any work, the Contractor shall take the necessary action to comply with all provisions for safety and accident prevention. The Contractor shall develop and maintain for the duration of this Contract, a safety program that wi ll effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the safety program. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the Site, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all items necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the job site. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City. In addition, the Contractor must promptly report in writing to the Parks Superintendent all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Parks Superintendent, giving full details of the claim. 5.0 CONTROL OF WORK AND MATERIALS 5.1 Means and Methods It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance. Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the Parks Superintendent will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the Parks Superintendent will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control. Neither the inspection by the City, its consultants, or the Parks Superintendent, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, the Parks Superintendent or the consultant, or their agents, shall operate as a waiver of any provision of the Contract. General Conditions 1400-16 5.2 City-Furnished Materials Materials, if furnished by the City, will be made available as designated in the Specific Project Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price proposal for the Contract item involving such City-furnished material. Contractor shall inspect and assure himself of the amount and soundness of such materials. The Contractor will be held responsible for all materials furnished to it and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor. 5.3 Defective and Unauthorized Work Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Parks Superintendent. Any work done beyond the limits of work or established by the Parks Superintendent, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply with any order of the Parks Superintendent made under the provisions of this section, the Parks Superintendent shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 1400-3.4, City's Right to Carry Out the Work, shall apply for this paragraph also. 5.4 Unnoticed Defects Any defective work or material that may be discovered by the City, its consultants, or the Parks Superintendent during the contract period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, its consultants, or the Parks Superintendent to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials. 5.5 Right to Retain Imperfect Work If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefor e as may be just and reasonable. General Conditions 1400-17 6.0 PROGRESS OF THE WORK 6.1 Beginning of Work The Contractor shall begin work within ten (10) days after receiving Notice to Proceed and shall diligently execute the same to completion within the time limit. Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer. 6.2 Time of Completion Each day (Monday-Sunday) the contractor will have specific duties to be completed for the week. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work. 6.3 Delays 6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Facilities Director in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Parks Superintendent at the time of their occurrence. 6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. 6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution of the Work shall include delays which result from causes beyond the control of the Contractor and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or his subcontractors, at any tier level, or suppliers. Delays in the Work of other Contractors employed by the City will be considered unavoidable delays insofar as they interfere with the Contractor's completion of the current critical activity item of the Work. 6.3.3.1 Abnormal Delays - Delays caused by Acts of God, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials shall be considered as unavoidable delays insofar as they prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item on the favorably reviewed progress schedule. General Conditions 1400-18 6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the Parks Superintendent by the Contractor, shortages of material will be acceptable as grounds for granting extensions. In order that such proof may be satisfactory and acceptable to the Parks Superintendent, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Parks Superintendent that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work. 6.4 Temporary Suspension of Work 6.4.1 If the Contractor fails to correct defective work as required by Paragraph 1400-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the Parks Superintendent or a representative specifically empowered to do so, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to p erform. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City. 6.5 Termination of Contract If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the Parks Superintendent, within the time specified in such notice, the City shall have the authority to terminate the operation of the Contract with a ten-day written notice per Section 2000, 9.1 Termination.. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, General Conditions 1400-19 and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising there from over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City in an escrow account; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the C ontract Amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds in the escrow account. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. 7.0 CHANGES IN THE SCOPE OF WORK 7.1 Change Orders and Amendments 7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City, through the Parks Superintendent, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Order. The Contractor shall comply promptly with the requirements for all Change Orders. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. A Contract Change Order may increase or decrease in the Contract Amount or an extension or shortening of the Contract Time. 7.1.2 Extra work shall be that work not shown or detailed in the Contract. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Parks Superintendent shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Parks Superintendent, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered. 7.1.3 In case any change increases or decr eases the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the provisions of Paragraph 1400- 8.0 PROJECT MODIFICATION PROCEDURES 7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 1400-7.3.2, Claims. General Conditions 1400-20 7.2 Differing Site Conditions 7.3 Resolution of Disputes 7.3.1 Contract Interpretation by the Parks Superintendent - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Parks Superintendent. The Parks Superintendent shall respond to the Contractor in writing with a decision. 7.3.2 Claims - Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the Contractor. 7.3.2.1 Notice - If the Contractor disagrees with the Parks Superintendent's decision in Paragraph 1400-7.3.1, Contract Interpretation by the Parks Superintendent, or in any case where the Contractor deems additional compensation for work or materials not covered in the Contract or which the Parks Superintendent has not recognized as extra work, the Contractor shall notify the Parks Superintendent, in writing, of his intention to make claim. Claims pertaining to decisions provided in Paragraph 1400-7.3.1 shall be filed in writing to the Parks Superintendent within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Parks Superintendent prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim". Such Notice of Potential Claim shall state the circumstances and the reasons for the claim but need not state the amount. Additionally, no claim for additional compensation will be considered unless the provisions of Paragraphs 1400-6.3, Delays, and 6.4, Time Extensions, are complied with. No claim filed after the date of final payment will be considered. It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by him as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the City and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Parks Superintendent has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. 7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work for which the Contractor contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the Parks Superintendent the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the Parks Superintendent in content, detail and format of presentation. If General Conditions 1400-21 the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided in Section 1400-8.0, PROJECT MODIFICATION PROCEDURES. 7.3.2.3 Affidavit required - All claims submitted to the City shall be accompanied with a type written affidavit containing the following language; it must be signed, dated, and notarized on the Contractor's letterhead: I, (must be an officer) , being the (title) of (contractor's name) , declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents, and said claim is made in good faith; the supporting data is truthful and accurate; the amount requested accurately reflects the contract adjustment for which the contractor believes the City of La Quinta is liable; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12560, Et Seq, pertaining to false claims, and further know and understand that subm ission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences. 7.3.2.4 Claim meetings - From time to time the Parks Superintendent may call special meetings to discuss outstanding claims. The Contractor shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the Parks Superintendent. 7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy-five thousand dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section, which is summarized in Paragraphs 1400-7.3.3.1 to 1400-7.3.3.5. For claims greater than three hundred and seventy-five thousand dollars ($375,000) Paragraphs 1400-7.3.3.2 to 1400-7.3.3.4 are applicable; however, Paragraph 1400-7.3.3.5, Civil Actions for claims less than $375,000, is not applicable. 7.3.3.1 Claims Less Than $50,000 a. For claims of less than fifty thousand dollars ($50,000), the Parks Superintendent shall respond in writing to written claims within 45 days of receipt of the claim in Paragraph 1400 -7.3.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. b. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contractor. General Conditions 1400-22 c. The Parks Superintendent's written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater. 7.3.3.2 Claims Greater Than $50,000 a. For claims of over fifty thousand dollars ($50,000), the Parks Superintendent shall respond in writing to all written claims within 60 days of receipt of the claim in Paragraph 1400-7.3.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. b. If additional information is thereafter required, it shall be requested and provided pursuant to this paragraph, upon mutual agreement of the City and the Contractor. c. The Parks Superintendent’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 7.3.3.3 Claim Conference - If the Contractor disputes the Parks Superintendent’s written response, or if the Parks Superintendent fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the Parks Superintendent’s response or within 15 days of the Parks Superintendent’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute. 7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to Paragraph 1400-7.3.2, Claims, until the time the claim is denied, including any period of time utilized in the meet and confer process. 7.3.3.5 Civil Actions For Claims Less Than $375,000 - The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy-five thousand dollars ($375,000): General Conditions 1400-23 a. Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. b. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. c. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party. 7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Contract bring legal action against the other, the case shall be handled in the California county where the work is being performed. 7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the Facilities Director, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Parks Superintendent on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. General Conditions 1400-24 8.0 PROJECT MODIFICATION PROCEDURES 8.1 Changes in Contract Price Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Parks Superintendent and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted. The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Parks Superintendent: a. By unit prices subsequently fixed by agreement between the parties; b. By an acceptable lump sum proposal from the Contractor; or c. By Force Account (as described in Paragraph 1400 -8.3, Force Account Payment), when directed in writing and administered by the City through its agents. When required by the Parks Superintendent, the Contractor shall submit, in the form prescribed by the Parks Superintendent, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The Parks Superintendent will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Parks Superintendent will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed. The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order. 8.2 Negotiated Change Orders Under the methods described in Paragraph 1400-8.1b and 8.1c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Parks Superintendent. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be General Conditions 1400-25 considered, unless approved in writing by the Parks Superintendent; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the Parks Superintendent as described in Paragraph 1400-8.3, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, his office staff and office facilities, or anyone not directly employed on such work, nor the cost of rental of small tools as all such indirect costs form a part of the Contractor's overhead expense. Under the method described in Paragraph 1400-8.1b and 8.1c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be: a. For work by its own organization, the Contractor may add the following percentages: • Direct Labor 25 percent • Materials 15 percent • Equipment (owned or rented) 15 percent b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit. c. For all such work done by subtier-subcontractors, such sub-subcontractors may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the subcontractor may add up to ten (10) percent of the sub -subcontractor's total for his combined overhead and profit. The Contractor may add u p to five (5) percent of the subcontractor's total for its combined overhead and profit. d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 1400-8.3, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted. General Conditions 1400-26 8.3 Force Account Payment If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following: a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work: • A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. • To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtier-subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. General Conditions 1400-27 The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. The City reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the monthly rate in the Rental Rate Blue Book. Owner-operated equipment rates shall not exceed the monthly rate in the Rental Rate Blue Book plus the labor costs as provided in Item a. above. The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. For Contractor owned equipment, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates", which is in effect on the date the work is accomplished. When equipment is not listed in said publication, a suitable rental rate for such equipment will be established by the Parks Superintendent. Prior to the commencement of force account work, the Contractor shall notify the Parks Superintendent of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the Parks Superintendent to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and Parks Superintendent and a copy of which shall be furnished to the Parks Superintendent no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. The Contractor shall maintain its records in such a manner as to p rovide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Parks Superintendent, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Parks Superintendent after the thirty (30) day period has expired. The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Parks Superintendent and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and General Conditions 1400-28 identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Paragraph. The Contractor shall not claim for anticipated profits on work that may be omitted. 9.0 PAYMENT 9.1 Scope of Payment 9.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipme nt, and incidentals necessary for completing the Work according to the Contract Documents. Neither the payment of any partial payment estimates nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 9.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the work or any part thereof shall be included in the price proposal for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, its consultants, the Parks Superintendent, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during the Contract have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project. 9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and a ll costs in connection therewith shall be included in the total amount of the Contract price. 9.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The General Conditions 1400-29 Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City. 9.2 Partial Payments In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such work installed on the basis of percentage completion. Payments will be made by the City to the Contractor on estimates duly certified and approved by the Parks Superintendent, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month. Payments will not be made for temporary construction unless specifically provided for in the Contract Documents. Partial payments will be made monthly based on work accomplished as of a day mutually agreed to by the City and the Contractor. The Contractor shall submit his estimate of the work completed during the prior month and the work completed to date in a format corresponding to the accepted cost breakdown. The Parks Superintendent shall review the submitted estimate, and upon approval, the Contractor may submit a detailed invoice for those amounts approved by the Parks Superintendent. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. If the Parks Superintendent does not agree with the Contractor's estimate of amount earned, the partial payment request will be returned for revision. The Parks Superintendent will be available to meet to discuss the partial payment request prior to its re-submittal. When the Contractor's estimate of amount earned conforms with the Parks Superintendent’s evaluation, the Parks Superintendent will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request for the City's approval and processing. Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 1400-9.4, Right to Withhold Amounts. No such estimate or payment shall be required to be made, when in the judgement of the Parks Superintendent, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Parks Superintendent’s judgement the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). 9.3 Partial Payments - Inclusion of Materials on Hand No payment will be made for materials delivered to the site that are not yet incorporated into the work. General Conditions 1400-30 9.4 Right to Withhold Amounts 9.4.1 Retention - The City MAY deduct from each partial payment and retain as part security, ten (10) percent of the amount earned until the final payment. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor desires to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the for m of the contract included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing contract. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract. Any Contractor that desires to exercise this option shall give notice in writing to City and shall thereafter execute the escrow agreement form provided in Appendix A of these Specifications. 9.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgement may be necessary to cover: a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. For defective work not remedied. c. For failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor or third party, or to property. General Conditions 1400-31 f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule. g. The City's costs for the Contractor's failure to complete within the allowed time. h. Cost of insurance arranged by the City d ue to cancellation or reduction of the Contractor's insurance. i. Failure of the Contractor to make proper submissions, as herein specified. j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a project schedule. k. Payments due the City from the Contractor. l. Reduction of Contract Amount because of modifications. m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up. n. Provisions of law that enable or require the City to withhold such payments in whole or in part. When the above reasons for withholding amounts are removed, payment may be made to the Contractor for amounts withheld. The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in beh alf of the Contractor. 9.5 Warranty of Title No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon. General Conditions 1400-32 End of Section 1400 General Project Requirements 2000-1 DIVISION 2 SECTION 2000 GENERAL PROJECT REQUIREMENTS 1.0 CONTRACT LOCATION The work involves the perpetual yearly maintenance of all of the Parks within the City of La Quinta consisting of maintenance and repair of amenities, planting, and irrigation in the parks, retention basins, and civic facilities. See the Appendix section and bid forms for a listing and depiction of areas to be maintained as part of this specification and request for bid. 2.0 CONTRACT TERMS The contract shall be for a period of twelve (12) months, or until June 30, 2020, beginning with the date of execution of the contract (July 1, 2019). The City of La Quinta has the option to renew the contract for four (4) additional one-year extensions. If the contract is renewed, the total length of the contract shall not exceed five (5) years from the original date of award. If the City intends to renew the contract, the Contractor will be given ninety (90) days advance notice in writing prior to the termination date of the contract. The City and the Contractor shall negotiate any changes to increase the current annual contract amount. If the Contractor decides to refuse the offer to renew, the Contractor shall notify the City in writing within sixty (60) days prior to the termination date of the contract with their intent not to accept the offer. 3.0 PERMITS AND LICENSES The Contractor shall be responsible for obtaining any and all permits required to perform this service. 4.0 WORKER'S COMPENSATION COVERAGE The Contractor shall procure and maintain, during the life of the contract, Worker's 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 subcontractors to similarly provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by protection afforded by Worker's Compensation Insurance carried by the Contractor. 5.0 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 as per Section 1340, LIABILITY AND INSURANCE REQUIREMENTS. General Project Requirements 2000-2 6.0 WORKING HOURS Maintenance and operation of equipment within one half mile of human occupancy shall be performed only during the time periods as follows: October 1st to April 30th Monday – Friday 7 a.m. to 5:30 p.m. Saturday - Sunday 8 a.m. to 5 p.m. May 1st to September 30th Monday - Friday 7 a.m. to 7 p.m. Saturday - Sunday 8 a.m. to 5 p.m. The Contractor shall notify the Parks Superintendent at least 24 hours prior to any work outside the normal working hours defined above, on weekends or holidays. 7.0 HOLIDAYS During the week of a holiday, the Contractor shall adjust his schedule to return to normal weekly schedule the following week for all items. 8.0 PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT The City of La Quinta has set up very specific criteria in which to evaluate the performance of the contractor on a weekly basis during the perpetual maintenance of the annual contract. As the City representative identifies performance deficiencies, fines may be deducted from the Contractor's monthly invoice. The following deficiencies, terms, and fines apply to this specific contract and scope of work. Deficiency No. 1 - Lack of compliance to specifications, work conditions, i.e., failure to adequately mow, edge, sweep, pick-up trash/debris and animal feces, and apply chemicals and prune, etc. Each week the Contractor's performance for each maintenance area will be evaluated. In the event the performance is unsatisfactory and the poor performance is clearly the fault of the Contractor (any service not performed which is required by the contract), the Contractor will be given written notice stating the deficient area(s), a date deficiencies must be completed by, and the amount of money being withheld until deficiency is corrected and satisfactory to the City (up to $100 per instance per work day). If the Contractor has been notified of a deficiency and the deficiency is not corrected within the time period specified in work statement for each task, the withheld funds will not be paid. (Exceptions will be made with prior approval of the City for delays in the ordering of parts and adverse weather conditions.) In the event the Contractor is deficient in any required service, the City may perform the service by City personnel or by separate contract. The cost of services performed by City personnel or separate contract will be deducted from the Contractor's monthly invoice. The Contractor shall not have the exclusive right during the term of this contract and all renewals thereof within the City. General Project Requirements 2000-3 If this type of deficiency should occur in the same location more than once, the fine identified above will be automatically deducted from the Contractor's monthly invoice for that maintenance area. Deficiency No. 2 - Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City representative may result in a deduction of up to $100 per instance per work day. Deficiency No. 3 - Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per W.A.T.C.H. guidelines), $100 per occurrence. Deficiency No. 4 - Failure to comply with water restrictions imposed by the Water Authority and failure to have the irrigation controllers programmed per the City - provided schedules. Up to $100 deduction per occurrence. Addition ally, Contractor shall be responsible for any imposed penalties or/and additional tier costs in water bill. Deficiency No. 5 - Minor irrigation deficiencies (non-continuous water flow) shall be repaired within forty-eight (48) hours. Major irrigation deficiencies (continuous water flow) shall be repaired within twelve (12) hours. $100 per day may be deducted from the monthly invoice. Deficiency No. 6 - Contractor is deficient for not following or managing, on a daily basis, the Contractor-submitted and City-approved quality control program, including but not limited to weekly schedules, weekly manpower allocation form, weekly irrigation maintenance form for minor repairs, weekly irrigation material purchase request for major repairs and weekly performance requirements summary reports. Up to $100 deduction per occurrence from the monthly invoice. Deficiency No. 7 - Failure to provide requested Landfill Diversion Report forms. Up to a $100 deduction per occurrence from the monthly invoice. 9.0 TERMINATION 9.1 Termination prior to expiration of term. This section shall govern any termination of this Agreement except as specifically provided in Section 9.2 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon a ten-day written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services, hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 9.3. 9.2 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions, take over work and General Project Requirements 2000-4 prosecute the same to completion by contract or otherwise. Contractor shall be liable to the extent that the total cost for completion of the services required, hereunder exceeds the compensation herein stipulated (provided that City use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 9.3. 9.3 Attorneys' Fees. If either party commences an action aga inst the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 10.0 LABOR CHARGES Labor charges for services not covered in line items of the proposal shall be approved by the City in writing prior to starting work. If no authorization is obtained, the Contractor will not be paid. The Contractor shall submit an estimate to the City for approval prior to beginning work. The charges shall be reviewed, by the City, to determine if they are fair and reasonable. The City reserves the right to perform the work by others if the Contractor's estimate is not considered fair and reasonable. The Contractors shall submit their proposal labor charges for specified extra work. These charges will remain firm for the duration of the contract. 11.0 DAMAGES Any damages done to the landscape areas, which are clearly determined as the fault of the Contractor, due to neglect or careless operation, will be paid for by the Contractor. This will include, but not be limited to, damages, facilities, equipment, sprinklers, and structures. 12.0 MATERIALS Seed, fertilizer, pesticides, and sprinkler parts (excluding controllers and mainlines), pre-emergence, herbicides, and growth regulators (considered a management tool and therefore excluded from reimbursement) are all materials to be included in the lump sum contract amount. See the specific project requirement specifications for a thorough definition of minor and major irrigation repairs. Dog Bags are also considered to be materials in the contract and can be purchased from: Zero Waste USA Inc 12316 World Trade Drive, #102 San Diego, CA 92128 Telephone: (800) 789-2563 Fax: (800) 789-6619 There are currently 39 dog bag dispensers in the Park Landscape Maintenance Services area. Current usage is 21,000 bags per month (3.5 cases of 6,000 bags). Any increase or decrease in dispensers and dog bag usage will not change the contract amount. General Project Requirements 2000-5 13.0 WATER The City shall furnish only metered water. Contractor shall provide daily water management by staff Certified in Maxicom/IQ and a Certified Landscape Irrigation Auditor. Contractor will be responsible to pay for additional costs for water bills that are within their control and not rated as “Efficient” or Excellent”. In situations of backflow theft, vandalism, broken mainlines, or City Events that require additional water, the contractor will not be responsible for the difference. 14.0 ACCEPTANCE All work specified shall be completed under the direction and satisfaction of the City and in accordance with these specifications. The City will monitor the Contractor's performance and review weekly submittal of forms and schedules if necessary to conduct evaluations of the Contractor's overall compliance with administration and physical performance of said contract. 15.0 COMPLAINTS RECEIVED BY THE CITY The City will notify the Contractor, in writing, of each contract complaint reported by the public. A citizen complaint will be indicated on the Performance Deficiency Form and Contract Maintenance Incidence Report and will be given to the Contractor indicating the day and hour the complaint was observed or reported, the location and description of the complaint, and the section (or fraction thereof) to be deducted from contract payment, if appropriate. The Contractor will have twenty-four (24) consecutive hours to correct the problem except complaints received on trash collection, cleaning, and maintenance where the Contractor will have one (1) hour to respond with corrective action as specified by a City of La Quinta representative (if applicable, exceptions will be made for ordering of parts and adverse weather conditions). The Contractor will submit to the City, in writing, when and how the problem was corrected, and the action to prevent the situation from recurring. If the Contractor fails to correct the problem of the citizen's complaint within the time constraints, the City shall correct the situation with the City personnel or separate contract and the cost will be deducted from the Contractor's monthly invoice. 16.0 COMMUNICATIONS Throughout the period of this contract, the Contractor shall establish and maintain a local office with a quality control managing agent. The Contractor's quality control managing agent shall serve as the point of contact for dealing and communicating with the Contractor and City Inspector. The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. General Project Requirements 2000-6 A. In the event that emergency work is required, the Contractor shall notify the City representative by telephone in advance before any emergency work is commenced. Non-emergency maintenance work outside of this contract scope requires written approval before the work is performed. B. In situations involving emergency work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair the system on a temporary basis. C. The Contractor shall supply the City with name(s) an d phone number(s) of responsible person(s) representing the Contractor for 24-hour emergency response. The above-mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within 12 hours of any such ch ange. Failure to maintain emergency information current shall result in a $100 penalty for each occurrence. Emergency response defined: As per City representative(s) By prior agreement Public health/safety matters Public health/safety matters include but are not limited to broken water mains, stuck valves, threat to private property resulting from the responsible Contractor's operations, fallen trees, natural disasters, etc. D. During periods of inclement weather, (i.e., excessive rainfall), Contractor shall be responsible for removing water from all play areas and keeping all drainage facilities clear and in operating condition within the contract areas. 17.0 CONTRACTOR'S EMPLOYEES The Contractor's employees, supervisors, and representatives shall not identify themselves as employees of the City of La Quinta. All employees shall conduct themselves in a professional and courteous manner while in public areas. Obscene language or gestures of deviant behavior by the Contractor's employees will be reported to the Contractor immediately for corrective action. 18.0 QUALITY CONTROL/QUALITY ASSURANCE 18.1 Quality Control The Contractor shall establish quality control program to assure the requirements of the contract are performed as specified. The quality control program will be used by the Contractor to monitor their performance of the contract. The Contractor's quality control program must be managed by an individual whose primary responsibility is to monitor and implement the quality control program. This manager will be responsible for communicating with the City representative, signing all schedules and reports, and have the authority to schedule the Contractor's employees and authorize extraordinary General Project Requirements 2000-7 work hours to accommodate emergency repairs. Upon request by the Parks Superintendent, a copy of the Contractor's quality control program shall be provided for review and approval. The City will approve or disapprove the Contractor's program within ten (10) working days of submittal. 18.2 Supervision and Manpower Allocation The Contractor shall provide adequate supervisors each day of the workweek during the life of the contract. The Contractor shall assign a supervisor full-time (40 hours per week) within the City limits of the City of La Quinta, working regular working hours for the duration of this contract. They shall have a minimum of five (5) years experience in landscape maintenance supervision. The Contractor, or his staff, should have expertise and experience in turf and tree management, entomology and pest control, soils, fertilizers, plant identification, park facilities, and irrigation system maintenance. Supervisor shall be capable of communicating effectively both in written and spoken English. When requested by the City representative, the Contractor shall submit to the City a Manpower Allocation Form (see Section 8000 for form) the Friday prior to the upcoming week. The form shall completely define the number of positions being used during the upcoming week and type of tasks to be completed. 18.3 Safety The Contractor will assist the City in reducing hazards and dangerous situations in the contract landscape areas. Any safety hazard will be reported within one (1) hour after it is noted. Any vandalism shall be reported within two (2) hours after it is noted. 18.4 Weekly Maintenance Schedule This contract requires the Contractor to maintain each month a Weekly Schedule. When requested by the City representative this form (Section 8000) shall indicate what landscape maintenance area work will be performed, what day of the week, what type of work is to be performed, and if this is current work or make-up work (due to inclement weather only). 18.5 Authorization The Parks Superintendent, or his authorized designee, will decide all questions, which may arise as to the quality and acceptance of any work, performed under the contract. 18.6 Landfill Diversion This contract requires that all "green waste," i.e., grass clippings, shrubbery cuttings, tree trimmings, and land clearing debris, be removed and delivered to one of the following types of facilities: · Composting facility · Mulching facility · Biomass facility · Green Waste Reuse Facility General Project Requirements 2000-8 Collected green waste, grass clippings, shrubbery cutting, tree trimmings, and land clearing debris shall not be delivered to a landfill for disposal. All such waste must be recycled, composted, processed at a biomass facility, or otherwise reused. Contractor shall deliver to the City upon request during the term of this contract, a Landfill Diversion Form (Section 8000) with attached proof consisting of receipts for tipping fees or other written documentation that all collected green waste, grass clippings, shrubbery cuttings, tree trimmings, and land clearing debris were delivered to a recycling, composting, mulching, biomass, or other green waste reuse facility. If additional information concerning the disposition of the green waste by Contractor is required by City, Contractor shall supply such information promptly to City. Contractor's failure to comply with any requirement contained in this Section of the contract requirements shall be grounds for immediate termination of this contract, for cause, by the City. A list and location of composting facilities local to the City are available from the Parks Superintendent. 19.0 Landscape Maintenance Equipment Inventory The following equipment is to be included within the Contractor's maintena nce equipment inventory for the City. All equipment shall receive scheduled preventative maintenance to promote equipment reliability and ensure optimum performance at all times. All equipment is subject to City representative approval. Any piece of equipment deemed unsatisfactory by City representative shall be repaired or replaced immediately. Maxicom/IQ Irrigation Software The Contractor shall posses and maintain a computer and Maxicom/IQ software capable of providing central irrigation control of the City’s Rainbird Irrigation Systems. Mowing Equipment A. Mechanically, ground driven, or hydraulic driven gang reel mowers capable of providing variable cutting widths and cutting heights of 3/4" to 11/2” shall be used on warm season turf grasses such as Bermuda and cool season grasses such as Rye. B. Hydraulic driven reel mower (Triplex) with reels having a minimum of nine blades shall be used on all Rye grass and hybrid Bermuda turf grasses. Mowers shall provide a maximum cutting width not to exceed 84". Mowers shall be capable of providing cutting heights from 1/2" to 11/2" and have the ability of collecting grass clippings if deemed necessary by City representative. C. Rotary mowing lawn tractors shall be used to cut cool season and warm season grasses where applicable. Mower deck widths shall vary depending on terrain and location; however, a minimum width of 48" shall be maintained. Mowers shall be capable of providing cutting heights from 1" to 1 1/2", and have the option of collecting grass clippings if deemed necessary by City representative. D. Walk behind rotary mowers with the capability of collecting grass clippings may be required on small turf areas. General Project Requirements 2000-9 Vertical Mowers/De-Thatcher A. Self propelled walk behind vertical cutting mowers (renovators) shall be used on small turf areas, not easily accessed by larger vertical cutting mowers, or areas deemed necessary by City representatives. B. A vertical cutting mower (de-thatcher) hydraulically or P.T.O. driven from attached tractor with a minimum cutting width of 60" shall be used on large turf areas. Blades shall be free swinging and spaced a maximum of 2" apart. C. A vertical cutting mower (renovator) hydraulically or P.T.O. driven from attached tractor with fixed 1/8" thick, 12" diameter, 8-10 pointed slicing type blades, spaced a maximum of 2" apart, shall be used on all hybrid Bermuda grasses. Turf Vacuum/Power Rake Contractor shall include a turf vacuum/power rake having the capability to pick up leaves, verticut clippings, and other debris. Turf vacuum/power rake shall be a minimum of 60" wide and have an agitating raking mechanism to aid in the proficiency of the vacuum. Aerators A. Walk behind self-propelled aerators shall be used on smaller turf areas, not easily accessed by larger aerators, or other areas deemed necessary by City representative. Aerators shall have tines 3/8” to 3/4" in diameter and spaced a maximum of 3" apart. B. Aerators a minimum of 60" wide shall be used on large turf areas. Aerators shall run under their own power or by a tractor PTO. Aerators shall be capable of following contours and minor grade changes in the turf grasses. Aerator tines shall be 3/8” to 3/4" in diameter, spaced a maximum of 3" apart, and be capable of penetrating the soil to a minimum depth of 3". String Trimmers and Edgers Contractor shall include sting trimmers and edger’s for trimming and edging around walks, trees, planters, shrubs, fences, and all other areas of the park requiring detailed trimming. Trimming and edging shall be performed each time a turf area is mowed. Fertilizer Spreader Contractor shall include equipment that is specifically designed for the proper application of fertilizer at measured rates. Utility Tractor Contractor shall include a utility tractor capable of operating specified equipment. Tractor shall provide power to auxiliary equipment. Power provided (hydraulic of P.T.O.) shall be within manufacturer specified limits for attached equipment. General Project Requirements 2000-10 Trimming and Pruning Equipment A. Contractor shall include a tree chipper equivalent of commercial capacity. Chipper shall operate from its own power source. Chipper shall be capable of ejecting wood chips and debris into a truck bed. B. Contractor shall include a "chipping truck". Truck shall have hydraulic dump bed with fully enclosed sides, and partial top and rear gate capable of receiving chippings from attached tree chipper. C. Contractor shall include gas powered chainsaws. D. Contractor shall include pole saws. The pole saw can be either gas powered or manually operated. Pesticide Application Equipment Contractor shall include a large capacity (50 -gallon minimum) pesticide sprayer. Sprayer shall also have a spray wand/gun with a minimum of 100' of hose. Pressure Washer Contractor shall provide a pressure washer for regular cleaning of facilities including but not limited to; picnic areas, concession areas, benches, tables, trash cans, playgrounds, play courts, skate areas, and walkways. 20.0 SPECIAL REQUESTS The Contractor may be requested by a City representative to perform special tasks, which are above his normal scheduled work (i.e., citizen action requests, coordination with utility locations or special work orders). It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work at no additional cost to the City which is considered normal maintenance to meet the objectives and criteria of this contract. 21.0 PROJECT INSPECTIONS Upon request, the Contractor or his representative will walk the project with a City representative for determining compliance with the specifications, or to discuss the required work. Contractor representative must be authorized to sign documents and effect changes to the job. 22.0 SAFETY Contractor shall be responsible for providing a safe work place, and compliance with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards. Non-compliance with previously mentioned standards and regulations will result in a deficiency of performance deduction. General Project Requirements 2000-11 23.0 TRAFFIC CONTROL The Contractor shall not impede or block public access to the parks, roads, or parking areas. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 24.0 THE CITY'S RIGHT TO DO WORK The City reserves the right to do work as required within the contract area. If such alterations affect the provision of this agreement, the Contractor will be asked to submit a cost as a result of the alterations. 25.0 COOPERATION/COLLATERAL WORK A. The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City and/or other Contractors. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction, and storm related operations. B. The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the City representative to cooperate. 26.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER A. During periods of storms, the Contractor will provide supervisory inspection of the project during regular working hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report identifying any storm damage to the City's representative attached to a site map (see Appendix for Landscape Maintenance Maps), identifying location of damage and cost estimate to repair and/or replace. If remedial work is required beyond the scope of this contract, it will be reimbursed on a separate purchase order. B. It is the Contractor's responsibility to remove debris accumulated by high winds or other typical or non-typical environmental conditions. 27.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, i.e., utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City. General Project Requirements 2000-12 28.0 CITY LIAISON The Parks Superintendent and the Contractor's Supervision representative will meet on a weekly basis. The purpose of this meeting will be to discuss specific project problems. Frequent contact may be required between the City ’s Parks Superintendent and the Contractor's representative separately from these meetings. 29.0 METHOD OF PAYMENT The Contractor shall present, for the previous month, monthly invoices for contracted monthly amount. Included with monthly billing will be the work functions accomplished during that period, other than what is indicated on the Maintenance Schedule (i.e., fertilization, pest control, etc.). Send monthly invoices to: City of La Quinta Robert Ambriz, Jr. Parks Superintendent rambrizj@laquintaca.gov The monthly proposal amount is the amount set forth in Proposal form submitted. 30.0 WORK NOT INCLUDED Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by the Contractor, are not included within this contract. If the City, based upon all the facts gathered, determines that excessive utility costs have occurred, the City may withhold from the payment to Contractor those funds necessary to reimburse the City for these additional costs. 31.0 CONTRACTOR NEGLECT Any damage to the City's property, which has been determined to be due to the Contractor’s neglect, shall be corrected at no additional cost to the City. Loss of plant material due to improper care is also included. 32.0 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. General Project Requirements 2000-13 33.0 ADMINISTRATION A. Periodic Services 1. The Periodic Services (Section 6000), which is provided in these documents, indicates the time frames when items of work shall be accomplished. 2. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. B. Reports and Schedules 1. The report and schedule forms, provided herein, indicate the major items of work and further delineate the time frames for accomplishment. 2. The Contractor shall provide and complete a schedule for each item of work and each area of work. 3. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work, even though the work is performed on a subsequent day. 4. The Contractor shall adjust his schedule to compensate for all City- observed holidays. C. Performance during Inclement Weather 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. 2. The prime factors in assigning work shall be the safety of the work force and damage to landscaping, in that order. 3. Failure to adjust the work force to show good progress on the work may result in deduction of payments. D. Performance on Schedule 1. The Contractor has been provided the latitude in establishing work schedules which correspond to Contract-defined minimum manpower (Section 1210) and equipment resource requirements. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. 2. Therefore, all work shall be completed on the day scheduled (as shown on the Contractor-submitted schedule). 3. Failure to complete the work as scheduled or as specified herein will result in a Performance Deficiency and Reduction. These actions shall not be construed as penalty but as adjustment of payment to the Contracto r for only the work General Project Requirements 2000-14 actually performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to schedule. E. Deficient Performance The Contractor shall be notified in writing each time performance is unsatisfactory and corrective action is necessary. General Project Requirements 2000-15 End of Section 2000 Specific Project Requirements 3000-1 DIVISION 3 SECTION 3000 SPECIFIC PROJECT REQUIREMENTS 1.0 SCOPE OF WORK The work shall include furnishing all labor and equipment necessary to maintain the parks, retention basins, and civic facilities. Duties include, but are not limited to, trash collection, cleaning, maintaining turf, maintaining ground cover, shrubs and trees, maintaining and repairing irrigation systems, providing weed and pest control, and removing animal feces. 2.0 SCHEDULING OF WORK Upon request, the Contractor shall provide the City with a weekly schedule for the Park Landscape Maintenance Services. 3.0 SERVICES TO BE PERFORMED 3.1 General A. The removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out-of-place or discarded items, including the replacement of trash can liners on a daily basis. B. The removal of dried plant material such as hanging or fallen tree limbs, leaves, branches, dried up plants, and wood pieces. C. All material, which is picked up during cleaning, shall be disposed of by the Contractor by placing such material in a refuse container where available or to the sanitary landfill. All green waste must be disposed of in accordance with Division 2 Section 2000 No. 18.7. 3.2 Trash Collection, Cleaning, and Maintenance The City has designated priority/ high profile areas due to high use or programmed events as follows: La Quinta Park (Blackhawk Way and Adams Street) Civic Center Campus (Washington Street and Calle Tampico) Fritz Burns Park (Avenue 52 and Avenida Bermudas) Bear Creek Trail (Avenida Montezuma between Tampico and Tecate) Sports Complex (off of Avenue 50, end of Moon River) Pioneer Dog Park (Miles Avenue and Seeley Drive) Seasons Dog Park (Cloud View Way and Desert Fall Way) YMCA (Moon River at Avenue 50) Where applicable in the above areas the following items of work will require attention on a daily basis: Specific Project Requirements 3000-2 A. Empty all trash receptacles. Transfer collected recyclable materials appropriately to divert from landfills. Restore liners or replace as necessary. Re-fill all dog bag dispensers. B. Pick up all trash, debris, and dog feces in landscape areas, sidewalks areas, parking lot areas, playground areas, park turf areas, and parkways. C. Wash or wet wipe down all public seating areas that require cleaning including seat walls and park benches and picnic tables. D. Sweep dirt and DG off walkways. E. Open restrooms by 6:00 a.m. (La Quinta Park and Fritz Burns Park) Where applicable the following items of work require attention on a weekly basis: A. Mow, trim, and edge all turf areas. B. Keep all areas weed free. C. All shrubs and trees trimmed and/or pruned so as not to impede pedestrian traffic. D. Pressure wash the tennis and pickleball courts, dog parks, skate parks, basketball court, picnic pavilion areas, gazebos, splash pads/water features, concession areas, and facility entrances (i.e. Library, Wellness Center, and City Hall). Pressure wash dog park gate entryways with green product disinfectant. Playground equipment will be washed monthly but may require additional cleaning as necessary. E. Gopher eradication, level dirt piles, and fill holes made by gophers and dogs. F. Fire ant control: application of fire ant bait as needed. G. Rake playground safety material (EWF). H. Empty all hot ash receptacles at La Quinta Park and Fritz Burns Park. I. Monitor and maintain irrigation system by means of operational testing. 3.3 Fertilizing of Turf A. Winter fertilization period shall begin November 1st and continue until the end of March. A minimum of 2lbs N/1,000 sq. ft. of commercial fertilizer shall be required annually for cool season grasses. B. Summer fertilization period shall begin May 15th and continue until the end of September. A minimum of 2lbs N/1,000 sq. ft. of commercial fertilizer shall be required annually for warm season grasses. Specific Project Requirements 3000-3 C. Additional or special applications may be requested by the City to maintain quality turf conditions at the Contractors expense. D. The Contractor shall supply to the City - A list of dates and approximate times each park is scheduled for fertilizer application before the Contractor begins fertilization. 3.4 Weeding A. Turf, planters, ground cover areas, sidewalks, underneath shrubs, and flower boxes shall be kept free of weed grasses and broadleaf weeds. B. Weeds in turf areas shall be controlled in such a manner, and at such intervals that their height does not exceed the height of the grass. Weed species such as clover, bind weed, and other low growing varieties shall be controlled so the density of the weed shall not exceed 10% of the area covered by turf or ground cover. C. The Contractor shall spray weeds with herbicide for weed control (except for the Fred Wolff Nature Preserve) at no additional cost to the City. Preventive weed control is the responsibility of the Contractor. Pre-emergent herbicide will be applied between January 15 and March 1 as a management tool at no additional cost to the City. D. The Contractor shall complete and furnish copies of an herbicide spray log to the City. E. The Contractor shall post 24 hours prior and submit a letter naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label to the City before use begins. F. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. 3.5 Mowing All turf areas shall be mowed, trimmed, and edged no less than once a week. A. Mowing shall include cutting all grass to a minimum height of 3/4” and a maximum height of 1½”. Uneven cuts, scalping, and varying heights of turf areas will be considered unsatisfactory to City standards. B. Mechanical edging along all walkways and curbing. C. Trimming around and underneath all fixed structures (tables, benches, posts, trees, play equipment, etc.). Specific Project Requirements 3000-4 D. Grass clippings shall be collected and removed to a refuse container if they do not disburse evenly over turf area or the City designates the grass clippings as unsightly. 3.6 Vegetation Maintenance Trees shall be pruned within the following criteria: A. Designated broadleaf trees as needed, but no less than annually. B. Designated conifers as needed, but no less than annually. C. Palm Trees as needed, but no less than annually (Dates by May 31st, Washingtonias by July 31st, and Filferas by August 31st). D. Trees shall be pruned as required to remove broken or diseased branches, or for safety. It shall be the Contractor's prime responsibility to conduct a pruning program, which will ultimately develop proper tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one typical tree of each different species scheduled for pruning as an example. All major pruning operations shall be scheduled and approved by a City representative before work begins. E. All trees which are located within the landscape maintenance areas (including Palm trees), shall be included. F. Topping trees will not be allowed without approval of the City representative. Pruning shall be done by those experienced and skilled in pruning techniques. All cuts shall be done using proper horticultural practices. Dressing wounds will not be allowed. G. Prune trees along sidewalks to allow seven-foot (7’) clearance for pedestrians and fourteen feet (14’) above curb and gutters for vehicular traffic. H. Under no circumstances will stripping of lower branches (rising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). If there are doubts or questions, contact the City representative. Tree suckers and sprouts will be removed as needed. Lower branches can be cut flush with trunk only after tree is able to stand erect without staking or other support. I. All debris from pruning, trimming, and tree maintenance shall be removed by the Contractor during the same working day accumulated. J. During the fall season, the Contractor shall provide weekly pick-up of fallen leaves after the initial request to begin is given by the City. K. Perform minor tree surgery as required. L. Ailing or stunted trees, which fail to meet expected growth expectations, shall be brought to the attention of the City representative. Specific Project Requirements 3000-5 M. The Contractor will be responsible for staking and tying trees and removing staking and tying. N. Tree stakes and ties shall be checked and corrected as needed. Ties will be adjusted to prevent girdling. Remove unneeded stakes and ties as per City's request. Replace broken stakes as required. O. All holes from removed trees shall be filled and refilled until it maintains grade level, or a replacement tree is installed. P. If trees are not pruned by the specified date, the Contractor shall be issued a Performance Deficiency Notice, unless the Contractor submits an acceptable written request to the City stating the reason why they cannot complete the pruning by the stated date and what date the pruning service will be completed. Q. Any dead limb or branch, detached or not, are a safety hazard and will be removed as needed, including the root ball as part of the contract price. R. Tree removal service provided as needed at all City parks, retention basins, and Civic facilities. Stump grinding and/or stump removal to be included. S. A log of tree removal and replacement will be kept by the Contractor stating where and when the trees were removed and replanted, species, site, and approximate location. T. Any plants broken, damaged, and/or uprooted as a direct result of storm damage, wind damage, accident, or vandalism, shall be trimmed, replanted, or replaced, and debris removed within twenty-four (24) hours of notification. Any debris blocking roadways or parking areas shall be removed within one (1) hour of notification to Contractor. The Contractor shall call the City to confirm the damage, prepare a material request and estimate of plant material replacement based on contract unit prices. After receiving City authorization, the Contractor will submit an invoice with the monthly statement for additional labor and applicable materials. The City will use the quoted extra labor charges submitted with the proposal for reimbursement. U. The Contractor will be held liable for any damages done to trees due to poor management procedures (i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.). V. If the planted ground cover, shrub, or tree, dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the Contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size. Shrubs A. All shrubs and hedges shall be trimmed in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers. Use of hedge trimmers will not be allowed on shrubs and ground cover with the exception of grasses and designated formal hedges. Specific Project Requirements 3000-6 B. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter as specified in Section 7000 Pruning and Training Quality Standards. C. Whenever ground cover, shrubs, or trees die, the Contractor shall contact the City to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required plant, shrub, or tree. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. D. Remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. E. Shrub and ground cover mounding shall not exceed 2 feet (2’) in height within areas required for vehicular sight distance depending upon roa dway topography. Contractor to inform the City representative if plant material is placed in areas where this will continually be a problem. Vines A. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports. B. Do not use nails to secure vines on masonry walls. C. Deep water vines in pockets not provided with sprinklers as required promoting optimum growth. D. Pruning of vines will be in accordance with good horticultural practices. Ground Cover A. Trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance. B. Cultivate and/or spray approved herbicide to remove broad -leafed and grass weeds as required. Weeds shall be controlled and not allowed to reach an objectionable height. City representative shall be responsible for determining objective height. Remove weeds by chemical or mechanical means as approved by City representative. C. Prevent soil compaction by cultivating regularly all ground cover areas. D. Any paper or litter that accumulates in ground cover areas shall be picked up on a daily basis. E. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep trimmed back approximately 4 inches from structure or walls. Coordinate trimming around base of shrubs/trees with City representative. Specific Project Requirements 3000-7 F. Decomposed Granite (DG) areas shall be raked smooth a minimum of once per week. 3.7 Pest Control of Plant Material A. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The Contractor shall obtain any necessary permits and licenses to comply with City, County, State, or Federal regulations or laws. B. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases to include, but not limited to, all insects, aphids, mites, other invertebrates, pathogens, and nematodes. Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance. C. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code. D. City shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with City representative. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month. E. Application of Pesticides 1. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without excessive runoff. 2. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations. 3. Equipment and Methods: Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area. Drift will be minimized by using proper application pressure as instructed on the product label and using water-soluble drift agents. 4. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use Specific Project Requirements 3000-8 of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control. All materials used at the Sports Complex must be approved by the Desert Sands Unified School District. 5. Substitution: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City representative. 6. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the City representative. F. All areas of the landscape shall be inspected for infestations of harmful pests such as ants, insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted. G. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments. 1. The State of California Agricultural Code requires that toxic pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific. 2. Applications of all pesticides shall conform to State regulations under a Licensed Pest Control Operator or a Certified Applicator of Pesticides as per the State Department of Pesticide Regulations. 3. There shall be no application of a “RESTRICTED” pesticide without written permission of the City. 4. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Riverside Agricultural Commissioner. H. Start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leafhoppers, scale, mealy bugs, and mites. Use a 10-power magnifying glass to see mites. Look for ants on soil, along walks, and trunks of shrubs and trees. 1. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present. I. Dusty foliage and warm temperatures are indicators of mites. So long as the foliag e is washed, mite populations are low. Keep mite populations low to prevent plant injury. 1. Conifers are especially susceptible to mite infestation. J. Bark beetles feed in the cambium of scaffold branches and trunks. Older and Specific Project Requirements 3000-9 weaker trees are the first to be infested. Any cause of stress is cause to inspect trees. Look for ants on the ground or in the base of branches. Also, there may be dying branches. 1. Control adult beetles before they lay eggs on bark in the spring. All trees near one infested the previous year should be sprayed in March and again in May. On-going inspections are necessary to determine if there is a summer brood. K. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from Spring until the advent of high temperatures, wherever moist soil prevails. L. Pruning is an effective prevention of an epidemic of insects and diseases. Pruning away infected parts and disposing of them off-site separates the pest or pathogen from the host. Examples are Pine tree tip moth, Juniper twig girdler, Verticillium wilt, fire blight, and other blights of foliage. 1. Thinning of tree foliage, to provide light and aeration for the tree and ground cover is a type of disease prevention. 2. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut. M. Weeds must be removed upon appearance. Selective post emergence herbicides shall be used to kill weeds without permanent injury to other plants. 1. All creeping grasses, as well as broadleaf weeds, shall be kept out of shrubs and ground covers. 2. Broadleaf weeds in turf shall be removed selectively, without injury to the turf grass other than slight, temporary discoloration. 3. Grass weeds in lawns shall be controlled with pre-emergent herbicides. See Seasonal Work for pre-emergent herbicide controls of weed grass seeds (i.e., crabgrass). N. Weeds not killed with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications. O. Turf and other plants killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All replacements must be made within 10 days after receiving notice from the City. P. The Contractor shall establish a continuing program to control insects and rodents. All materials used at the Sports Complex must be approved by the Desert Sands Unified School District. Specific Project Requirements 3000-10 Q. With the program, the following information shall be included: 1. The pest to be controlled 2. Method of control 3. The product labels 4. A schedule as to frequency of control R. Monthly, the Contractor shall complete a pesticide log for any pesticides used. S. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application. 3.8 Drainage Facilities The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, storm drain outlets), located within the landscaped areas. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation that might accumulate to prevent proper flow of water. 3.9 Fertilization A. Scheduling: Fertilization will be applied in accordance with FERTILIZER SCHEDULE A, or as otherwise directed by the City representative. All applications shall be recorded and specifically identified on the weekly schedule indicating the fertilize r used and frequency applied, the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.). B. General: Application shall be in accordance with manufacturer specifications. C. Method of Application: In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader, which tends to throw material onto paved areas. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. D. Timing of Application: When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials. E. Trees and Shrubs: Fertilizers, pre-approved by a City representative, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micronutrient deficiencies. 3.10 Plant Additions and/or Replacements As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work, based on contract unit prices, by the City unless otherwise specified within Specific Project Requirements 3000-11 these specifications. Exceptions will be replacements due to Contractor's neglect. This will be determined by the City representative. 3.11 Clean-Up A. At no time will it be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters). B. Contractor shall remove all debris resulting from the maintenance operations and dispose of it off-site at the time of occurrence. All grass clippings shall be picked up after each mowing or trimming operation. C. All debris resulting from any of the Contractor's operations shall be removed and disposed of legally at the Contractor's expense. No debris will be allowed to remain at the end of the workday. All municipal Green Waste generated from Contractor's operations shall be diverted from County landfill to an approved reclamation site and processed for recycling. (See Landfill Diversion Form Section 8000) D. All walkways will be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to foot traffic. E. All shrub areas not inter-planted with ground cover will be raked clean a minimum of once a month. F. The Contractor shall provide a general clean -up operation on a daily basis for picking up papers, trash, or debris, which may accumulate in the landscape areas, caused by winds or normal conditions. G. Animal feces shall be removed from all recreational facilities (i.e. parks, bike paths, etc.) on a daily basis. 4.0 SPRINKLER MAINTENANCE DETAILS A. General 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 actual demands of plant material with little or no runoff. Other important water management considerations include safe and dry turf areas for community use, water costs, and plant health. Failure to perform irrigation system maintenance as described shall constitute a deficiency as defined in paragraph 8.0 of Section 2000. Contractor must have a staff member who is a Certified Landscape Irrigation Auditor (CLIA). The City recognizes the importance of water management and encourages Contractors to provide the most efficient landscapes without impacting the conditions of the parks and facilities. Specific Project Requirements 3000-12 B. Reports See Reports and Schedules, and Forms, Sections 4000 and 8000. C. Irrigation/Operation and Maintenance Irrigation shall be accomplished without impacting the public use of the parks and facilities. During periods when it is necessary to operate the irrigation dur ing the daytime, the contractor shall have staff on-site to adjust the irrigation as to not impact the public use. Contractor will not operate the irrigation systems, unless for system testing, during restricted times as determined by the water authority . Standing water will not be permitted one hour after completion of water schedule. Failure to adjust irrigation controllers to comply with designated watering windows, water authority restrictions, and City-provided schedules will result in a Performance Deficiency Reduction. D. Operation/Repair 1. The entire irrigation system to include all components from connection at meters shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: Maxicom/IQ systems, all controllers and remote-control valves; gate valves, low meters, pressure regulators and backflow devices. Contractor responsibility for mainlines shall consist of continual monitoring and any necessary repairs not to exceed one mainline failure per controller each month. Contractor is required to notify City representative of mainline failures within twelve (12) hours of occurrence. 2. All irrigation systems equipped with Maxicom/IQ shall be tested and inspected weekly. Reports generated by Maxicom/IQ, shall be available to the City’s representative upon request. Any systems not currently equipped with Maxicom²/IQ shall be inspected a minimum of once per week. The City’s representative may request a written report (see Section 4000) to be submitted weekly showing the location, day of week, and time of day that each system is tested. Any changes shall be submitted for approval prior to enactment. Failure to operate the Maxicom/IQ controller for regular irrigation schedules will result in a deficiency. 3. All systems shall be adjusted in order to: a. Provide adequate coverage of all landscape areas b. Prevent excessive runoff and/or erosion c. Prevent watering roadways, facilities such as tennis or basketball courts, walkways, trails, fences, and private property d. Match evapotranspiration rates e. Limit hazardous conditions 4. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken. Specific Project Requirements 3000-13 5. In addition to weekly testing, all irrigation systems shall be tested and inspected daily, if necessary, when damage is suspected, observed, or reported. a. Repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of written notice. b. Correct deficient irrigation systems and equipment as necessary following written notification from the City representative. The Contractor shall turn-off irrigation system immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticultural maintenance practices. c. Once the City representative acknowledges the necessity to turn-on the water once again, all controllers shall be activated within twelve (12) hours. 6. The entire irrigation system to include all components from connection at meters shall be maintained in an operational state at all times. This coverage applies to all controllers and remote-control valves, gate valves and backflow devices, flow meters, main and lateral lines, sprinkler heads, moisture sensing devices, and all related equipment. 7. Contractor shall provide personnel fully trained in all phases of landscaping and irrigation systems operation, maintenance, adjustment, and repair; in all types of components to include Maxicom²/IQ, irrigation control clocks, valves, and sprinkler heads; and with all brands and models of irrigation equipment. 8. Adjustment, damage, and repairs shall be divided into the following categories and actions: a. All sprinkler heads shall be adjusted to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system. b. All damage resulting from the Contractor's operations shall be repaired or replaced prior to the end of the workday at the Contractor's expense. c. Damage and repairs shall be divided as follows: i. Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, and other small parts. The cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system. Specific Project Requirements 3000-14 ii. Major repairs shall include controllers and control wires and all items before the automatic control valve including but not limited to backflow, pressure regulators, and mainlines (except as previously noted). The cost for major repairs, except as noted, will be considered extra services based on the contract labor and unit cost. d. Repairs to the irrigation system shall be completed within 24 hours after approval of the Irrigation Materials Request Form by the City representative on major component damage such as broken irrigation mainlines. e. All replacements shall be with original type and model materials unless a substitute is approved by the City representative. f. Contractor shall maintain an adequate stock of medium and high usage items for repair of the irrigation system. g. Contractor shall implement repairs in accordance with all effective warrants and no separate payment will be made for repairs on equipment covered by warranty. h. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis for unauthorized increases in the frequency of irrigation. Contractor will also be responsible to pay for additional costs for water bills that are within their control and not rated as “Efficient” or “Excellent”. In situations of backflow theft, vandalism, broken mainlines, or City events that require additional water, the contractor will not be responsible for the difference. Costs to be deducted from payments will be presented to the Contractor by the City. i. The City will do spot inspections to check the efficiency of the Contractor's water management. If discrepancies are found, the Contractor will have twenty-four (24) consecutive hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this contract. j. The City reserves the right to provide repair parts for major irrigation repairs. In such an event, the Contractor shall pick up sprinkler repair parts from the City Maintenance Service Yard at the established hours. k. Upon request by the Park Superintendent, the Contractor shall return all sprinkler parts, control valves, and valve parts that have been replaced due to damage or malfunction to the City's Maintenance Service Yard. Control clocks will be returned to the City the day removed for repair or replacement. l. Under the authorization of the City, the Contractor will repair sprinklers, control valves, and control clocks. Specific Project Requirements 3000-15 m. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface. n. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor. o. The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks to the City Maintenance Service Yard for repairs, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the City, will be installed by the Contractor until the permanent controller can be repaired. p. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge. q. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned-off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The City will notify the Contractor when the sprinkler system controllers are to be turned back on. r. The Contractor shall be held responsible for damage done to sprinkler heads, landscape lighting, valves, and valve box lids due to careless operation of vehicles and lawn mowers. s. Personnel 1. The Contractor shall provide personnel Certified in all phases of Maxicom²/IQ landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. 2. The Contractor shall provide personnel that is a Certified Landscape Irrigation Auditor who has knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. 3. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English. Specific Project Requirements 3000-16 t. Materials 1. All replacement materials are to be with original types and model materials, unless a substitute is approved by the City representative. 2. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. 3. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. 4. The actual cost of all material passed on to the City shall be wholesale cost of the material. a. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available. b. At no time shall the cost of materials exceed the retail cost from the current price list, minus the discount rates quoted in the bid. c. The total cost of materials shall include the following: -Wholesale cost (retail costs minus Contractor's discount, as stated above). -Applicable sales tax. -A markup of 15% maximum for all overhead costs and profits. 5. All materials are to be new and identical to existing materials, unless directed otherwise by the City representative. u. Invoicing 1. Since all labor costs are to be included in the contract amount, emergency call-outs after working hours will be considered extra work compensation. This type of work shall be defined as "extra work." 2. Irrigation Repair Invoices shall be organized according to park location and submitted on a monthly basis. v. Water Management 1. All systems shall be programmed daily, weekly, and/or as needed to maintain healthy plant material and landscape. 2. Program changes may be required to be recorded on the Irrigation Management Form. See section 8000 Forms. Specific Project Requirements 3000-17 3. Water meter reading for each system may be provided to Contractor upon request. 4. Contractor will be subject to a deficiency for any meter billed as “Inefficient” or higher due to Contractors neglect. In situations of backflow theft, vandalism, broken mainlines, or City events that require additional water, the contractor will not be billed. 5.0 WEED CONTROL OF PAVED SURFACES Contractor shall be responsible for controlling weeds by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City landscape. 6.0 GUARANTEE AND/OR REPLACEMENT POLICY All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor, if it is determined by the City representative that they died due to Contractor's negligence. 7.0 TURFGRASS A. General 1. Watering: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be allowed to dry beyond 50% of the soil water holding capacity between watering. At a minimum, omit irrigation the night prior to occurrence of turf mowing. 2. Aeration: Mechanically aerate all turf areas as often as required (no less than 2 times annually), to reduce compaction/stress conditions, which will offer greater water penetration and reduce runoff. In those areas where soil condition is poor, top dressing will be required. Use core aeration with 3/8” to 3/4" tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition at no extra cost to the City. Removal of cores may be required. 3. Mowing: Mow, trim, and edge parks, retention basins, and civic areas weekly. Avoid removing more than one-third of the leaf blade at any one time. Turf in this contract shall be mowed with power-propelled mowers equipped to mow and collect clippings in one operation. City representative, may in some instances, allow mowing without the attached collection device to recycle organic material into the soils providing the machine is equipped with approved safety features. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as electrical boxes or fixtures. Do not mow areas that are wet or where frost is present. Alternate mowing patterns whenever possible, to prevent wheel ruts. If ruts are made, Contractor will make repairs at their expense. Specific Project Requirements 3000-18 4. Trimming and Edging: Trim around walls, buildings, curbs, header boards, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance. Chemically edge around trees, within an 8" radius from the trunk, using care not to damage tree, trunk, or roots. 5. Renovation: Renovate all turf areas (especially sports fields) once per year at a time when there will be the least amount of stress to turf. Renovations will be in accordance with the following methods: Step 1. Aerify entire area with an aerifier with 3/8” to 3/4" tines x 3" deep. Top dress on sports fields may be required for an additional cost. Step 2. Verticut entire area using a verticutter set to soil line contact. Verticut twice in parallel directions, or as directed. Pick up debris at completion of this operation. Turf vacuum/power rakes shall be utilized as needed. Step 3. Mow with rotary or reel mower as directed, at regular cutting height. B. Refurbishment of Turf grass Turf areas that thin out due to shading effect of trees, structures, and foot traffic will be reseeded with an approved grass seed to restore thinning areas. Coordinate with City representative. C. Winter Over-seeding Winter over-seeding will only occur at the Civic Center Campus, Desert Pride Park, Eisenhower Park, Fritz Burns Park, Monticello Park, Pioneer Park, Saguaro Park, Velasco Park, La Quinta Park picnic area, and the three (3) dog parks. 1. The over-seeding shall comply with PM- 10 requirements. The Bermuda grass will be lowered in two stages by mowing with sharp mowers. This process will be done until grass height is less than ½". After the Bermuda grass is lowered, the entire area will be vacuumed. Seed with rye grass at the rate of 15 lbs per 1000 square feet or as approved by the City Inspector. 2. Fertilize Bermuda grass areas after over-seeding. Broadcast fertilizer at the product recommended rate. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas. 3. Follow CVAG recommended over-seeding procedures (“Smart Scalping”). 4. Cultivate base and aerate compacted area thoroughly. Where substantial but thin turf remains, rake, aerate if compacted, and cultivate soil. 5. Remove diseased or unsatisfactory turf areas. Remove and do not bury into soil. Remove top soil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc. Specific Project Requirements 3000-19 6. Top-dressing, when applicable, shall be applied with materials and method approved by City representative. 7. Maintain seeded turf areas until successful seed germination and complete establishment of turf. Seeded areas will be maintained until inspection and acceptance by the City representative. 8. After preparation and seeding have been completed, the area will be watered as needed for successful germination. 9. The rye grass will be completely established by November 1. 10. Due to the schedules of the organized sports, annual winter over-seeding will not be performed on the sports fields. D. Weed Control Contractor shall maintain a weed-free turf at all times by chemical and/or mechanical means. Pre-emergent herbicide applications shall be required to control annual grasses in all turf areas. The Contractor shall be especially careful if applying chemicals to control weeds because of possible damage to the turf. Before such applications are made, the turf should be well established and in vigorous condition. All chemicals applied will be recorded and coordinated with the City representative. E. String Trimmers Care shall be exercised with regard to the use of motorized line trimmers (i.e. weed eaters) to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. No weed eaters shall be used around trees or wooden park signs not equipped with arbor guards. An 8" bare soil buffer zone shall be maintained around the circumference at the base of all trees (Trees damaged by Contractor's operations will be replaced at Contractor's expense). 8.0 FACILITY MAINTENANCE A. Specialty/Sports Areas 1. General (applies to all parks, retention basins, and civic facilities within the landscape maintenance areas): a. All animal feces or other materials detrimental to human health shall be removed from the areas daily. b. All broken glass and sharp objects shall be removed daily. c. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. d. All playground areas shall be raked to remove leaves and debris daily. Surface shall be leveled under the swings and slides daily. Specific Project Requirements 3000-20 2. Sand/Wood Safety Surfaces a. These areas shall include tot lots, play areas, volleyball courts, etc. b. All areas shall be maintained weed free. c. Compacted sand areas shall be rotor-tilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rotor-tilling, all areas shall be raked level. d. Fill material shall be replenished as necessary to maintain optimum level in each area, generally six (6) inches below the top of the concrete curbing but dependent upon play equipment footing and final level shall be determined by the City representative for each area. e. Each week, all sand areas shall be raked level and kept free of any foreign debris. Sidewalks adjacent to tot lots shall be swept daily. f. In the event of inclement weather if at anytime the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately. 3. Hard Surface Areas: a. These areas shall include concrete sidewalks, tennis/pickleball courts, skate courts, basketball courts, bicycle trails, A.C. walkways, etc. b. All areas shall be swept weekly to remove all deposits of silt and/or sand and glass. c. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. d. Cracks and crevices shall be kept free of weeds at all times. e. All areas shall be pressure washed weekly to remove food, beverages, and gum from the surface areas. Concession areas, picnic areas, and dog parks may require additional washing as needed at no additional expense. Dog park gate entryways should be pressure washed with green product disinfectant. B. General Facility Operations 1. All drinking fountains including dog parks and trails shall be kept clean and operational at all times. a. Minor repairs to include but not limited to unclogging drains, replacing damaged or broken parts shall be included in the contract price. b. All repairs shall be completed within twenty-four (24) hours after damage occurs. Specific Project Requirements 3000-21 c. Every instance of damage shall be reported to the City representative. d. Should damage be repetitive, the City representative will evaluate replacement with a more damage resistant model through extra work or separate action. 2. All sidewalks within the City areas shall be swept or cleaned daily, if necessary, to remove any glass or heavy debris. In addition, all sidewalk areas shall be thoroughly cleaned once every week by sweeping. 3. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 4. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site. 5. Trash cans provided by City shall be emptied daily and washed after emptying (when necessary) to be determined by the City Inspector. Transfer collected recyclable materials appropriately to divert from landfills. Contractor shall provide plastic liners for all trashcans at Contractor's expense. 6. All concrete bench drains and other surface drains to include the portion under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. 7. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City representative. 8. All barbecue grills shall be emptied of all ashes weekly. 8.1 Landfill Diversion Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green wastes shall be diverted from County Landfill to an approved reclamation site and processed for recycling. Contractor shall submit a Landfill Diversion Report (see Section 8000 Forms and Reports), upon request to the City. Specific Project Requirements 3000-22 End of Section 3000 Fertilization Schedule 5000-1 SECTION 5000 FERTILIZATION SCHEDULE FREQUENCY SOURCE TIME OF YEAR TURF: No less than 2x/yr Commercial Fertilizer Winter (November 1 - end of March) No less than 2x/yr Commercial Fertilizer Summer (May 15 - end of September) GROUND COVER/SHRUBS/SLOPES: No less than 2x/yr Commercial Fertilizer February - October 15 Note: Avoid fertilization between October 15 and end of January. TREES: Trees shall be fertilized and aerated in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition. Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analysis by independent soils laboratory. Fertilization Schedule 5000-2 THIS PAGE INTENTIONALLY LEFT BLANK Periodic Services 6000-1 SECTION 6000 PERIODIC SERVICES 1.0 Services Due December through February A. Turf areas that have at least one of the following weed grasses shall receive a long lasting broad-spectrum pre-emergence herbicide between January 20, and March 1: Crabgrass; Dallisgrass; Goosegrass; Kikuyugrass (Herbicide must be registered for use on the turf grasses and weeds to be treated). i. Follow directions on label of the herbicide. Apply evenly. Calibrate spreader or sprayer before treatment to apply the right dosage. B. Prune deciduous trees before buds emerge. Quality of pruning shall be as described in the section on Pruning Quality Standards (Section 7000). C. Prune ground covers back to established edge. Cut off and dispose of dead flower stems. D. Prune the following as needed as to Pruning Quality Standards (Section 7000): Junipers and Pines, December and January; Star Jasmine and other ground covers, limiting height to 2 feet in February; Cotoneaster, Pyracantha for fruit removal; unlisted species as specified by the City. 2.0 Services Due March through May A. Remove broadleaf weeds in lawns with selective post-emergence herbicide that is registered to kill weed species growing in the turf grasses being treated. B. Non-turf vegetation, (i.e., slopes, planters), with residues of weed seeds made last year, will receive a broad-spectrum pre-emergence herbicide registered for target weed species. Check label to be sure the chemical is safe for use on the ornamental species in the area. i. Growing weeds shall be removed by any method before a pre-emergence herbicide is applied. C. Prune all plants overgrowing boundaries. One situation is vegetation-impeding traffic both horizontally and vertically. D. Pruning of the following shall be for size and shape control: Raphiolepis shrubs, remove terminals of dead flower and fruits; Lantana in early March; Hibiscus after frost and before new shoots; Acacia after flowering; cuts must be at a leafy bud. Naked stubs die back. Remove flush at origin; unlisted species as specified by the City. E. A broad-spectrum pre-emergence type herbicide may be applied for the prevention of weed seed germination in turf grasses and ornamentals. i. Apply only in areas that had seeding of weeds the previous year. ii. The herbicide must be registered for use on turf grasses, ornamental plants, and weeds to be treated. Periodic Services 6000-2 F. In April, fertilize all turf areas. i. Match fertilizer to soil and plant needs as determined by soil analysis. ii. Immediately following distribution of chemicals, irrigate without flooding turf. G. Any plant that does not produce new leaves before April 15, or new leaves at stem terminals that are yellow between veins, shall be treated as follows: evenly apply soil sulphur on soil under foliage at the label recommended rate. Apply a chelate ferrous compound on soil under foliage at rate on product label. An injection kit shall be provided by Contractor for trees with chlorotic or sparse foliage. Prevent stains by washing iron off hard surfaces. 3.0 Services Due June through August A. Remove grass weeds in all turf grasses with the proper selective post-emergence herbicide. Look for and eradicate any crabgrass, dallisgrass, goosegrass, kikuyugrass, etc. Contractor shall determine which herbicides shall be used and communicate to the City before application. B. Prune all plants, overgrowing boundaries. Provide for clearance of traffic. C. Pruning of the following shall be for size, shape, and control as needed: Baccharis - dead growth and plants; Daylily, Lily-of-the-Nile, dead flower stems; Diets for dead clumps and competitive invasion of neighbors; Myoporum and Meleleuca, Rosemary, Pittosporum, and Xylosma shrubs, if fruiting, remove; Unlisted species as specified by the City. D. In all turf, small and enlarging patches of dying grass shall be treated for damaged cause by pests eating roots or basal stems. i. If injured turf can be lifted like a piece of carpet, white or grey colored grubs will be seen on soil. Treat surrounding area with an insecticide registered for grubs or billbug larvae. ii. If there are no grubs, then Chinch bugs may be the cause. Shake turf bottom side up over a newspaper. Tiny, black, and excited bugs will be seen. Treat area with an approved insecticide labeled for Chinch Bugs. 4.0 Services Due September through November A. Prune all plants overgrowing edges. Prune for traffic clearance in height. B. Pruning of the following shall be for size and shape control. A need will be clarified by City Inspector where there is doubt. The reference for need is in the Training and Pruning Quality Standards in Section 7000: Ficus & Rhus, in September before winds; Callistemom; Natal Plum; Oleander; Star Jasmine; Grevillea Trees; Unlisted species as specified by the City. C. All non-sports areas of Bermuda grass shall be winter over-seeded. D. Fertilize all winter grass turf areas. Periodic Services 6000-3 End of Section 6000 Pruning and Training Quality Standards 7000-1 SECTION 7000 PRUNING AND TRAINING QUALITY STANDARDS A. Shrubs, herbaceous plants, and ground covers shall be pruned soon after the completion of a flowering and fruiting cycle, if fruits are desired. Additional regular pruning is required such that no more than 25% of the plant is removed during pruning. 1. Remove flower stems to point of origin. 2. Remove branches growing beyond perimeter of foliage. It is an outline of a plant's shape. Cuts shall be inside of outer foliage, and flush with branch o f origin. Leave no butts or stubs. Do not trim off all foliage on one plane with hedge shears. Shearing is only for hedges, after thinning out big, long shoots. 3. Prune to retain natural shape of plant, shape vary according to plant species. Some are wider than tall like Tam or Pfitzer junipers. Some are upright like Xylosma and Photinia. There shall be no flat, square tops or unnatural forms. 4. Use of powered hedge trimmers is not allowed except for ornamental grasses and designated hedges. B. Prune trees to maintain their characteristic shape, density, and texture. The natural appearance is an open, light textured perimeter or new foliage. The greatest density is in the interior and lower half. The center of gravity, or location of mass, is close to the center and close to the ground. This distribution fits a tree to withstand strong winds. Do not thin or "lace out" dense foliage except the outside branches. This is defoliation. Roots could die and create a weak tree that may die or blow over. C. Prune out branches extending beyond the shape (foliage perimeter) of a tree. Prune to control size and shape. Bare scaffold branches with foliage only at ends will break in wind. 1. Cuts shall be inside perimeter of foliage almost flush with a parent branch. No butts or stubs are permitted. Old stubs with an outgrowth of multiple shoots shall be removed. D. Prune off lower branches high enough for traffic clearance. E. Cut out dead, crossing, and rubbing branches. F. Undercut branches over 2" in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn, or ripped branches shall be re-cut cleanly. G. An exposed wound, as where a branch was removed, shall remain exposed. Do not paint or apply any substance on a wound. It heals faster, with less disease, than a covered wound. H. Trees close together shall be separated by removal of intermingling branches. The exception is a large hedge or windbreak consisting of one species. Pruning and Training Quality Standards 7000-2 I. A young tree unable to stand upright in a seasonal wind shall be double staked. A tree too heavy for support by stakes shall have three equally spaced wire ties to immoveable stakes. The wire shall be on a 45 angle with the tree trunk. 1. Ties and wires shall always be tight and in place between stakes or tree trunk. 2. Loosen ties that are so tight they are almost starting to girdle a branch or trunk. 3. An immoveable trunk in wet soil is an indication it can stand without suppo rt. Therefore, the stakes and wires should be removed for the tree to support itself. End of Section 7000 Reports and Schedules 8000-1 SECTION 8000 REPORTS AND SCHEDULES The Contractor, as part of this agreement, will submit reports and schedules as requested. Failure to submit reports and schedules in the time specified will result in a delay of monthly payments or a Performance Deficiency Deduction (Form 1). Such reports must be detailed and thorough and may include but not be limited to the following: A. Suggestions for improving problem areas. B. Reports of work planned. C. Cost information to perform extra work for upgrading specific areas. D. Pesticide Use Reports. E. Landfill Diversion Reports (Form 2). F. Weekly Maintenance Schedule(s). When requested by the City representative, Contractor shall provide a weekly landscape maintenance schedule and/or weekly irrigation maintenance schedule (Form 3). Reports and Schedules 8000-2 FORM 1 CITY OF LA QUINTA PERFORMANCE DEFICIENCY DEDUCTION Notification to: Date: Time: Method: The following performance deficiency(ies) has been observed and requires immediate attention to correct. Location/Description: ______ Value of Deduction: $ City representative to check deficient items and comment below. 1. Lack of compliance to Specifications. $200 per incident per day. 2. Failure to provide adequate equipment. $200 per incident per day. 3. Failure to protect public health and/or correct safety concerns. $200 per occurrence. 4. Failure to comply with water restrictions. $200 per occurrence. 5. Major irrigation deficiencies not corrected in time frame. $200 per occurrence. 6. Failure to provide requested reports and schedules (Section 8000). $200 per occurrence. 7. Failure to provide requested Landfill Diversion Report forms. $200 per occurrence. 8. Other Please initiate the necessary corrective action(s) and notify the City when complete for re-inspection. Parks Superintendent Facilities Director Reports and Schedules 8000-3 FORM 2 CITY OF LA QUINTA LANDFILL DIVERSION REPORT FORM DATE: SOURCE (LANDSCAPE MAINTENANCE AREA): MATERIAL TYPE HERBACIOUS SEMI-HERBACIOUS HARDWOOD GROSS WEIGHT (Tons): DIVERSION SITE (Co. Name): DIVERSION SITE ADDRESS: WASTE BI-PRODUCT MULCH SOIL CONDITIONER OTHER BI-PRODUCT VOLUME/WEIGHT: (If Known) Reports and Schedules 8000-4 FORM 3 CITY OF LA QUINTA WEEKLY MAINTENANCE SCHEDULE Landscape Maintenance Area (Location) Day of Week Equipment and Material Used Type of Work Status 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Report Comments: APPENDIX PARKS AND CIVIC FACILITIES DETAILS Park Facility Turf Shrub / Ground Cover Irrigation Trees Maxicom or IQ Play Equip Trash and Receptacles Adams Park (44425 Adams Street) X X X X X X X Bear Creek Trail (Avenida Carranza to Calle Tecate) curb to curb/fence between Carranza and Ensenada, then trail and 30 feet east and to fence west X X X X X Civic Center Campus (78495 Calle Tampico) Park X X X X X X City Hall X X X X X X Library X X X X X X Wellness Center X X X X X X La Fonda Open Area X X X X X Tampico X X X X Colonel Mitchell Paige Middle School Sports Fields (Washington Street/Palm Royale Drive) X X Cove Oasis Trailhead (above Calle Tecate) X X X X X Entryway (Calle Tecate and Avenida Madero) X X X X X Parking Lot (Calle Tecate and Avenida Bermudas) X Desert Pride Park (Bayberry Lane/Birchcrest Circle) X X X X X X X Eisenhower Mini Park (53490 Eisenhower Drive) X X X X X X X Fred Wolff Bear Creek Nature Preserve (West side of Avenida Montezuma) X X X Fritz Burns Park (78107 Avenue 52) X X X X X X X La Quinta Park (79120 Blackhawk Way) X X X X X X X Monticello Park [Excluding Retention Basin] (Jefferson Street/Fred Waring Drive) X X X X X X Museum (77885 Avenida Montezuma) X X X X Pioneer Park (Seeley Drive/Miles Avenue) X X X X X X Saguaro Park (Saguaro Road/Bottlebrush Avenue) X X X X X X X Seasons Retention Basin (Cloud View Way) X X X X X X X Sports Complex (78900 Avenue 50) X X X X Velasco Mini Park (Calle Temecula/Avenida Velasco) X X X X X X X APPENDIX RETENTION BASINS/OTHER AREAS DETAILS Retention Basins/Other Areas Turf Shrub / Ground Cover Irrigation Trees Maxicom or IQ Play Equip Trash and Receptacles Calle Rondo Channel X X X X X Green Belt – (Calle Tampico/Eisenhower Dr.) X X X X X Youth Center (YMCA) (Moon River Dr. and Ave. 50) X X X X X Perimeter – Moon River east side (North of Ave. 50) X X X X X Retention Basin - Acacia (Miles Ave./N. Harland Dr.) X X X X X Retention Basin - Cactus Flower #1 (Goldenrod Cir.) X X X X X Retention Basin - Cactus Flower #2 (Foxtail Cir.) X X X X X Retention Basin - Cactus Flower #3 (Iris Ct.) X X X X X Retention Basin - Cactus Flower #4 (Star Flower) X X X X X Retention Basin - Del Rey (Bridgette Way/Desert Stream Dr.) X X X X X Retention Basin - L.Q. Highlands X X X X X Retention Basin - Quinterra #1 (West Side) Los Manos Dr. X X X X X Retention Basin - Quinterra #2 (East Side) Los Manos Dr. X X X X X Retention Basin - Rancho Ocotillo #1 (Camino La Cresta) X X X X X Retention Basin - Rancho Ocotillo #2 (Ocotillo Dr.) X X X X X Retention Basin - Topaz (Desert Stream Dr./Dune Palms Rd.) X X X X X Retention Basin - Washington St. (west side, south of Ave. 47) X X X X X Retention Basin – Adams Park (44425 Adams Street) X X X X X