RFQ L&L Assessment District 89-1 Landscape Maintenance Services - Project 2023-28
PROJECT NO: 2023-28
Citywide Landscape Maintenance Services For
Landscape & Lighting Assessment District 89-1
REQUEST FOR
QUALIFICATIONS
DUE BY:
Tuesday, May 7, 2024
BY 3 P.M.
Page 1 of 6
REQUEST FOR QUALIFICATIONS
The City of La Quinta (City) seeks proposals from Qualified Contractors to provide landscape maintenance
services for Landscape & Lighting Assessment District 89-1, Project No 2023-28.
A mandatory pre-proposal meeting and walk through is scheduled for Tuesday, April 16, 2024, at 9:00
a.m. at La Quinta City Hall, 78495 Calle Tampico, La Quinta, CA 92253.
Project/Services Title: Lighting & Landscape Assessment District 89-1 LSM Services
Issue Date: Thursday, April 2, 2024
DUE DATE: Tuesday, May 7, 2024
Requesting Department: Public Works, Maintenance & Operations
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Qualifications are to be hand delivered or mailed by Tuesday, May 7, 2024, no later than 3:00 p.m. All
submittals must bear original or electronic signatures and be submitted to the following contact:
City of La Quinta
Attn: Dianne Hansen, M&O Superintendent
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777 – 7117
Email: dhansen@LaQuintaCA.gov
Envelope one: Qualifications are to be submitted via four (4) hard copy originals and one (1) electronic PDF
on a USB drive in a sealed envelope and must include:
(1) Work Proposal Qualification Summary Sheets (page numbers 5-6);
(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 two: Cost proposal is to be submitted via hard copy only and must include:
(1) Section 1240; Summation Form
(2) Section 1300; Contract (pages 1 through 6) from Contract filled out completely.
Proposals will be evaluated by the Committee, considering the factors listed below and in no order of
significance.
➢ The Contractor's ability to provide adequate scheduling, qualified supervision, staffing, and the
distribution of work crews.
➢ The Contractor's ability to effectively show proof of implementing and managing thorough quality
control programs for landscape maintenance and arboricultural services.
➢ 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.
➢ Contract Labor Summary.
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➢ Facilities, equipment, and on-site evaluations.
➢ The Contractor's references.
➢ Qualifications Summary found on page 5, Requested Services
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 l iable for any costs
incurred by the proposer in connection with the preparation and submittal of the proposal.
2. QUESTIONS or REQUESTS FOR CLARIFICATIONS
Any requests for clarification or other questions concerning this RFQ must be submitted in writing by
Wednesday, April 24, 2024; and sent via email to Dianne Hansen, M&O Superintendent,
dhansen@LaQuintaCA.gov
3. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFQ or any of its
attachments, he/she shall immediately notify the City of such error in writing and request modification or
clarification of the document. Modifications will be made by addenda. Clarifications will be provided in writing
to all parties who have submitted proposals or who have requested an RFQ for purposes of preparing a
proposal, without divulging the source of the request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in the RFQ
known to him/her, or an error that reasonably should have been known to him/her, he/she shall submit a
proposal at his/her own risk, and if he/she is awarded an agreement, he/she shall not be entitled to additional
compensation or time by reason of the error or any corrections thereof.
4. CANCELLATION OF RFQ
This RFQ does not obligate the City to enter into an agreement. The City reserves the right to cancel this RFQ
at any time, should the project be cancelled, the City loses the required funding, or it is deemed in the best
interest of the City. No obligation, either expressed or implied, exists on the part of the City to make an award
or to pay any cost incurred in the preparation or submission of a proposal.
5. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement process
through written correspondence and discussions during the period in which clarifying addenda may be issued.
The City wishes to foster cooperative relationships and to reach a fair agreement in a timely manner. Formal
proposals for major professional and technical services shall be governed by the City’s Purchasing Policy.
6. NEGOTIATIONS AND FINAL AGREEMENT
The City’s Contract is enclosed as Attachment 1 for review prior to submitting a proposal. A contract will not
be binding or valid with the City unless and until it is executed by authorized representatives of the City and of
the selected proposer. At the discretion of the City, any or all parts of the successful proposal shall be made a
binding part of the agreement.
7. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing shall remain firm
for the entire initial term of the agreement. Thereafter, any proposed pricing adjustment for additional periods,
if any, shall be subject to the terms of the agreement.
Page 3 of 6
8. SELECTION PROCESS
Statements of Qualifications shall be reviewed and rated based on the information requested by this RFQ, as
well as responses from references and clients, background checks, any research on proposers, and other
information pertinent to the evaluation process. Closely ranked contractors may be asked to furnish evidence
of capability, equipment, and financial resources to adequately provide the services.
9. RFQ TIMELINE
RFQ Issue Date:
Tuesday, April 2, 2024
Mandatory Pre-Proposal Meeting
Tuesday, April 16, 2024
Deadline for Proposers’ Questions:
Wednesday, April 24, 2024
City’s Response to Questions:
Monday, April 29, 2024
Proposals Submittal Deadline:
Tuesday, May 7, 2024
Complete Evaluations of Proposals:
Thursday, May 9, 2024
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
Monday, May 13, 2024
City Council Consideration and Approval:
Tuesday, June 4, 2024
Agreement Effective Date and
Project Start Date
Monday, July 1, 2024
10. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
10.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to public inspection,
unless the proposal or specific parts can be shown to be exempt by the California Public Records Act
[California Government Code §6250 et seq.]. Each proposer may clearly label part of a proposal as
“Confidential” if the proposer thereby agrees to indemnify and defend the City for honoring such a
designation. The failure to so label any information that is released by the City will constitute a complete
waiver of all claims for damages caused by any release of the information. If a request for public records
for labeled information is received by the City, the City will notify the proposer of the request and delay
access to the material until seven working days after notification to the proposer. Within that time delay,
it will be the duty of the proposer to act in protection of its labeled information. Failure to so act will
constitute a complete waiver.
10.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be released or
retained [California Government Code §6254(a)].
10.3 Public Information:
All proposals will be opened on Wednesday, May 8, 2024, and will be made available to the public upon
request. By submitting a proposal, the proposer acknowledges and accepts that the content of the
proposal and associated documents will become open to public inspection. The final, executed
agreement will be a public document. Proposals and other information will not be returned.
Page 4 of 6
11 PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions requested by the City,
presentation to the City, travel in conjunction with such presentations, or samples of items, shall be entirely the
responsibility of the proposer.
12 INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed “Insurance Requirements Acknowledgment” form included as Attachment
2 stating that, if selected, the proposer will provide the minimum insurance coverage and indemnification noted
in Exhibits E and F, respectively, of the City’s Agreement for Contract Services.
Commercial General Liability (at least as broad as ISO CG 0001)
$5,000,000 (per occurrence); $6,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$5,000,000 (per accident)
Personal Auto Declaration Page if applicable
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
13 CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is involved in
the making of decisions which may have a foreseeable material effect on any City financial interest pursuant
to the City’s Conflict of Interest Code and the California Political Reform Act of 1974.
14 LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, ‘local’ shall be defined as an
individual, partnership, or corporation, which regularly maintains a place of business within a 40-mile radius of
the City.
15 CITY RIGHTS AND OPTIONS
The City reserves the right to:
▪ Make the selection based on its sole discretion;
▪ Issue subsequent RFQ;
▪ Postpone opening proposals or selection for any reason;
▪ Remedy errors in the RFQ or in the RFQ process;
▪ Modify the Scope of Services in the RFQ;
▪ Approve or disapprove the use of particular subcontractors;
▪ Negotiate with any, all or none of the proposers;
▪ Accept other than the lowest offer;
▪ Waive informalities and irregularities in proposals;
▪ Request additional information or clarification;
▪ Request revisions during negotiations;
▪ Invite any consultant of its choosing to assist with the evaluation of proposal responses or to provide
the City with a second opinion
▪ Enter into an agreement with another proposer in the event the originally selected proposer defaults
or fails to execute an agreement with the City in a timely manner.
Page 5 of 6
REQUESTED SERVICES
The City of La Quinta (City) seeks qualifications and proposals from qualified contractors to perform landscape
maintenance services for Lighting & Landscape Assessment District 89-1, Project No 2023-28.
I. PROPOSAL FORMAT
Contractors are encouraged to keep their proposals brief and relevant to the specific information requested
herein. Proposals should be straightforward, concise, and provide “layman” explanation of technical terms that
are used. Emphasis should be on completeness and clarity of content.
Present the proposals in a format and order that corresponds to the numbering and lettering contained
herein, with minimal reference to supporting documentation, so that proposals can be accurately
compared.
1. Cover Letter
Signed by an official authorized to bind the contractor with name, address, phone number, and email
address of contractor’s contract person, location of contractor’s main office, location of the office that
would service this project, a validity statement that all information and pricing provided in the proposal is
valid for at least ninety (90) days, and a statement that any individual who will perform work for the City
is free of any conflict of interest.
Contractors Background, Qualifications, and Experience, including the following:
(a) Number of years in business
(b) Department of Industrial Relations (DIR) and Taxpayer identification number
(c) Number of years performing landscape maintenance.
(d) Resumes of the key personnel who will be responsible for performance if the City and Contractor
enter into a contract as a result from this RFQ
(e) Business ownership, and if incorporated, list the state in which the business is incorporated and
the date of incorporation.
(f) If the business is a subsidiary of a parent company, identify the parent company.
Qualifications Summary including the following:
(a) Include the company’s mission statement, and statement of values.
(b) Work Schedules: Proposed weekly schedule of work and working hours, address weed control,
plant replacement, tree maintenance, and weekly/monthly strategies to improve the overall
appearance of City medians, parkways, retention basins, and facilities.
i. Include the time frame to complete a full rotation of all service areas.
(c) Provide an example of a report/notification used to schedule maintenance areas.
(d) Equipment & Maintenance: List equipment to be utilized on this project, include a list of equipment
in compliance with SB1346, and any specialized equipment (height/reach of the boom truck).
(e) Traffic Control Measures: Provide a detailed explanation of the traffic control measures and
procedures utilized by your company. Include a list of the equipment used for traffic control, and
if any staff members have obtained a Traffic Control Technicians Certification.
(f) Proposed personnel: Provide a list of proposed management personnel for this project. Include
details that differentiate your staff from other potential bidders. List the assigned Supervisor’s and
Foreman’s experience working with municipalities, businesses, and HOA’s. Include the number
of accounts assigned to the Supervisor and Forman.
i. Include the number of landscape maintenance laborers to be assigned to this project.
(g) Certifications: List all certifications that apply to this project held by your company and/or staff,
and how many staff members are certified.
Page 6 of 6
2. References of California government agencies (preferably cities utilizing)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date, and end date.
(d) Staff assigned to each project by the contractor.
(e) Provide a narrative of the understanding of the project, and proposed approach to the scope of
services.
3. Complete Pricing List Including Labor Rates
Proposal, envelope one shall include a detailed fee schedule for hourly/daily rates for extra work
performed, include rates for a Foreman; Irrigator; Laborer; and Tree Trimmer; as well as any other
specialty services provided by the Contractor.
Envelope two shall include the monthly/annual cost for services requested by this RFQ.
4. List of Complementary Services Offered by Proposer along with Corresponding Prices
5. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a proposer can
demonstrate to the City’s satisfaction that is in the best interest of the project to permit a portion of the
service(s) to be subcontracted by the proposer, it may be considered. Provide details on the role of any
subcontractor that will be used. Assignment is prohibited.
6. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal litigation or
investigation pending, which involved the proposer or in which the proposer has been judged guilty or
liable within the last five (5) years. If there is no information to disclose, proposer must affirmatively state
there is no negative history.
7. Acknowledgement of Insurance Requirements (Attachment 2)
Proposals must include a written statement that, if selected, the proposer will provide the minimum
insurance coverage and indemnification noted, respectively, of the City’s Contract for services included
as Attachment 1.
8. Acknowledgement of Addenda (Attachment 3)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of Addenda,
included as Attachment 3.
ATTACHMENTS
1. Contract for Services
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
3. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
CONTRACT SPECIFICATIONS
CITY PROJECT NO. 2023-28
Citywide Landscape Maintenance Services
For Landscaping & Lighting Assessment District 89-1
CITY OF LA QUINTA, CALIFORNIA
PREPARED FOR:
CITY OF LA QUINTA
PULIC WORKS DEPARTMENT
78495 CALLE TAMPICO
LA QUINTA, CA 92253
(760) 777-7091
APPROVED BY:
_______________________________________________ DATE: April 2, 2024
Bryan McKinney, Public Works Director/City Engineer
TABLE OF CONTENTS
PROJECT NO 2023-28
DIVISION 1 - PROPOSAL AND CONTRACT REQUIREMENTS PAGE
1100 Invitation to Proposers 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 Experience and Qualifications 1200-5
1230 Non-Collusion Affidavit 1200-6
1240 Summation Form 1200-8
1250 Notice to Contractor to Enter Into Contract 1200-9
1300 Contract (6 pages; 1300-1 to 1300-6) 1300-1
1310 Performance Bond 1310-1
1320 Payment Bond 1320-1
1330 Workers' Compensation Insurance Certificate 1330-1
1340 Liability and Insurance Requirements 1340-1
1.0 Indemnification 1340-1
2.0 Insurance Requirements 1340-2
3.0 Change in Terms 1340-7
1400 General Conditions 1400-1
DIVISION 2 - GENERAL CONDITIONS
2000 General 2000-1
1.0 Contract Location 2000-1
2.0 Contract Terms 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 2000-1
7.0 Holidays 2000-2
8.0 Performance Deficiencies/Payment Reduction 2000-2
9.0 Termination 2000-3
10.0 Labor Charges 2000-3
11.0 Damages 2000-4
12.0 Materials 2000-4
13.0 Water 2000-4
14.0 Acceptance 2000-4
15.0 Complaints Received by the City 2000-4
16.0 Communications 2000-4
17.0 Contractors Employees 2000-5
18.0 Quality Control/Quality Assurance/Safety 2000-5
18.1 Quality Control 2000-5
18.2 Supervision and Manpower 2000-6
18.3 Safety 2000-6
18.4 Weekly Schedule 2000-6
18.5 Authorization2000-6
18.6 Landfill Diversion 2000-6
18.8 Required Form Delivery 2000-6
19.0 Landscape Maintenance Equipment Inventory 2000-7
20.0 Special Requests 2000-8
21.0 Project Inspections 2000-8
22.0 Safety 2000-8
23.0 Traffic Control 2000-8
24.0 Cooperation/Collateral Work 2000-10
25.0 Protection of Property in Inclement Weather 2000-10
26.0 Protection of Existing Facilities and Structure 2000-11
27.0 City Liaison 2000-11
28.0 Method of Payment 2000-11
29.0 Work Not Included 2000-11
30.0 Contractor Neglect 2000-12
31.0 Sound Control Requirements 2000-12
32.0 Administration 2000-12
DIVISION 3 - SPECIAL PROJECT REQUIREMENTS
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 Mowing 3000-2
3.4 Vegetation Maintenance 3000-2
3.5 Pest Control of Plant Material 3000-5
3.6 Drainage Facilities 3000-8
3.7 Fertilization 3000-8
3.8 Plant Additions and/or Replacements 3000-9
3.9 Clean-up 3000-9
4.0 Irrigation Maintenance Details 3000-9
5.0 Weed Control of Paved Surfaces 3000-13
6.0 Guarantee and/or Replacement Policy 3000-13
7.0 Turf Grass 3000-14
DIVISION 4 - REPORTS AND SCHEDULES
SECTION 4000 4000-1
DIVISION 5 - PERIODIC SERVICES
SECTION 5000 5000-1
DIVISION 6 - PRUNING AND TRAINING QUALITY STANDARDS
SECTION 6000 6000-1
APPENDIX
MAINTENANCE AREAS FOR:
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89 -1
1100-1
SECTION 1100
INVITATION TO PROPOSERS
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1
PROJECT NO. 2023-28
SEALED REQUEST FOR QUALIFICATIONS AND PROPOSALS will be received by the City of La
Quinta (City) located at 78495 Calle Tampico, La Quinta, California, 92253, at/or before 3:00 p.m.
on Tuesday, May 7, 2024, for performing work as follows:
Furnish all necessary materials, equipment, labor, and incidentals as required to
perform arboricultural services and landscape maintenance duties for median
islands, parkways, retention basins, well sites, and civic facilities. The work involved
is in the Landscape and Lighting Assessment District 89 -1 consisting of
maintenance and repair of all plant material , ground cover, and irrigation. A listing of
sites for each landscape maintenance area has been included in the Appendix
section of this Specification and Request for Qualifications.
Initial Annual Contract period will be for twelve (12) months from July 1, 2024 to June 30,
2025. Upon satisfactory performance, the City may opt to extend the contract for six (6)
additional one-year terms.
IMPORTANT: It is the responsibility of the proposer to check the City’s website for any changes or
questions submitted prior to Monday, April 24, 2024.
Procedures are prescribed in the Project Specifications. Proposals shall be executed upon 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.
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 Request for Qualifications and 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).
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 web site 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
1100-2
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%) of the contract annual amount 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 One Hundred and Eighty (180) days after the date set for the opening of
proposals.
Work and Cost Proposals shall be submitted separately and only in sealed envelopes.
Approved By: _______________________________________________ DATE: April 2, 2024
Bryan McKinney, Public Works Director/City Engineer
1100-3
SECTION 1110
INSTRUCTIONS TO PROPOSERS
1.0 WORK TO BE DONE
It is the intention of the City to maintain the center medians, parkways, 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 weekly maintenance of all Landscape areas and Irrigation Systems in Landscape and
Lighting Assessment District 89 -1. 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 specifications 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 SITE
Proposers are required to inspect all sites (ie, landscape areas) of the work to satisfy themselves by
personal examination, or, by such other means, as they may prefer, of the location of the proposed
work, and of the actual conditions of and at the site 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, site conditions; and
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 site of the work to be
maintained under the Contract.
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 existing site
conditions is deemed necessary or desirable by the proposer.
1100-4
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 th e
following address at least five (5) days prior to the proposal due date:
Dianne Hansen, Maintenance & Operations Superintendent
City of La Quinta
Public Works Department
78495 Calle Tampico
La Quinta, CA 92253
dhansen@laquintaca.gov
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, increases 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 Qualifications (RFQ).
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 provided and must be submitted at the time and place
stated in the RFP. All blanks in the RFP 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.
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
1100-5
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, additions, alternate, RFQ’s, 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 being 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.
13.0 ADDENDA
Addenda issued during the RFQ process shall become a part of the documents furnished to
proposers for the preparation of proposals, shall be covered in the proposal, 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 RFQ period. Failure to acknowledge may result in the
proposal being rejected as not 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 materials, with 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 proposed. 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 proposed. If the sum of two or more items in a proposal schedule does not equal the total
1100-6
amount quoted, the individual item amounts shall govern, and the correct total shall be deemed the
amount proposed.
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.
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 1230,
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
proposer. 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.
1100-7
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 Agreement, will be required to
furnish a Performance Bond in an amount equal to One Hundred (100%) of the Annual Contract
Price and a Payment Bond in an amount equal to twenty -five percent (25%) of the Annual Contract
Price, on the forms provided by the City and the WORKER'S COMPENSATION INSURANCE
CERTIFICATE in Section 1330. Said bonds shall be secured from a surety company satisfactory to
City.
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 performance and a payment
bond and evidences of insurance, and to execute the Agreement in the form set forth in the
Contract documents.
23.0 EXECUTION OF CONTRACT
The Contract Agreement 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 qualified proposer, and that proposer shall fulfill every
stipulation as if it were the party to whom the first award was made.
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.
1100-8
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 qualified responsible proposer and
accept the next acceptable qualified proposal from a proposer that is not experiencing a labor
action, and declare it to be the qualified 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 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.
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, Public Works Maintenance
Manager and/or other City’s representatives as assigned.
G. Public Works Maintenance & Operations Superintendent: The person designated as the
project representative for administration of the landscape maintenance contract.
(Dianne Hansen, Public Works Maintenance & Operations Superintendent (760) 777 -
7117).
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.
1100-9
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, and Saturday.
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:
Dianne Hansen, Maintenance & Operations Superintendent
(760) 777-7117; E-mail: dhansen@laquintaca.gov
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.
33.0 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.
1200-1
SECTION 1200
CONTRACT DOCUMENTS
DATE:
The undersigned, as proposer, declares that we have received and examined the Request for
Qualifications (RFQ) Contract Documents entitled Citywide Landscape Maintenance Services for
the Landscape and Lighting Assessment Dist rict 89-1, Project No. 2023-28 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 agree that the following shall form a part of this RFP:
SECTION TITLE
1200 Contract Documents
1205 Examination of Contract Documents
1210 Compliance Form
1220 Certification of Proposers Experience and Qualifications
1230 Non-Collusion Affidavit
1240 Summation Form
1250 Notice to Enter into Contract
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 evidence 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 prosecute 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
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89 -1
PROJECT NO. 2023-28
Proposal to the City of La Quinta,
In compliance with the Request for Qualifications/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, 20 25, beginning on
July 1, 2024 as specified in the Notice to Proceed.
The City may elect to exercise an extension to renew this contract for four six (6) additional one-
year terms with a ninety (90) day notice, on a year-to-year basis, contingent upon satisfactory work
of the contractor.
Name of Proposer Date
1200-4
1200-5
SECTION 1210
COMPLIANCE FORM
AGREEMENT FOR CONTRACT SERVICES
LANDSCAPE AND LIGHTING DISTRICT 89 -1, PROJECT NO. 2023-28
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
Landscape and Lighting District 89 -1 for 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
Landscape and Lighting District 89 -1 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
1200-6
1200-7
SECTION 1220
CERTIFICATION OF PROPOSER’S
EXPERIENCE AND QUALIFICATIONS
The undersigned Proposer certifies that he is, 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 performed. Proposer further acknowledges that
there are certain peculiar and inherent conditions existent in the construction of the particular
facilities, which may create, unusual or peculiar unsafe conditions hazardous to persons 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 landscape maintenance 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. Please indicate on a 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: ___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: ___ Telephone No: _______
Duration of Contract: Years from to
Prevailing Wage: ___Yes No
C. Project Name:
Owner:
Contract Amount: $ ___ Contract Time: Calendar Days
Owner's Representative: ____ Telephone No: Duration
of Contract: Years from to
Prevailing Wage: ___Yes No
1200-8
Signed this day of , 2024.
Name of Proposer Contractor's License No.
Address of Proposer License Expiration Date
Signature of Proposer Title of Signatory
Company Name
State of Incorporation
1200-9
SECTION 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 say that he or 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 indirectly
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 contract, 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 contract 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 or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company association, organization, proposal depository, or to any member or agent thereof to
effectuate a collusive or sham proposal.
Signature
Name of Proposer
Proposer Title
Company Name
____________________________
Address
1200-10
1200-11
SECTION 1240
SUMMATION - FORM
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89 -1
PROJECT NO. 2023-28
RETENTION BASINS, MEDIAN ISLANDS, PARKWAYS, AND CIVIC FACILITIES
Item No. Description Unit Quantity Unit Price Annual Price
1 Turf SF 814,085
2 Shrubs and Ground Cover SF 2,578,612
3 Irrigation SF 3,337,697
TOTAL
FIRE STATIONS – WEEKLY SERVICE
Item No. Description – Fire Stations Unit Quantity Unit Price Annual Price
1 Turf SF 14,054
2 Shrubs and Ground Cover SF 83,494
3 Irrigation SF 103,748
TOTAL
TOTAL BASE PROPOSAL INCLUDING RETENTION BASINS, MEDIAN ISLANDS, PARKWAYS,
AND FIRE STATIONS _______-
(IN WORDS)
($ )
A. Initial Annual Contract Period will be for one year (12 months) or until June 30, 202 5.
B. The City may elect to exercise an extension to renew this contract for six (6) additional one-year
terms with a ninety (90)-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 Consumer Price Index for Riverside , San Bernardino, and Ontario areas.
D. Authorized extra work and services may be requested in an annual amount to be
determined at the City’s discretion and approved by City Council for landscape restoration and/or
additional On-Call Landscape Maintenance services within the L&L , non-contracted maintenance
areas, other City Facilities, and parks.
1200-12
1200-13
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:
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1
PROJECT N0. 2023-28
(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 (15 days after this Notice to enter into a contract with said City for the doing of said
work and to furnish therewith a Performance Bond for One Hundred percent (100%) of the contract
price and Payment Bond, as required by law, in a sum of twenty -five percent (25%) of the contract
price.
DATED this day of , 2024.
Monika Radeva, CITY CLERK
CITY OF LA QUINTA
STATE OF CALIFORNIA
1200-14
End of Section 1200
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 Landscape Maintenance Services for Landscape and Lighting
Assessment District 89-1, Project No. 2023-28 and On-Call Landscape Maintenance
Services in the City of La Quinta, California pursuant to the Request For Qualifications (RFQ)
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,
the Request for proposal shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the RFQ.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Maintenance & Operations
Superintendent.
4. Contractor shall commence work on July 1, 2024 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 the Maintenance & Operations 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 Maintenance & Operations 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 RFP, 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).
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.
Contract 1300-2
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 the
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 a Performance
bond and a Payment Bond of a surety satisfactory to City, as provided in said Specifications or
RFP, 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;
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
Contract 1300-3
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 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 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,
Contract 1300-4
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 than 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 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 a proposal on 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
Contract 1300-5
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:
Jon McMillen, 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:
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 Project No 2023-28 Citywide Landscape
Maintenance Services for Landscape & Lighting District 89-1 (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 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 contracProt 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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 2024).
(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.
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 ___, 2024, 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/t heir
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
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 , 2024, 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/t heir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execu ted
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 1320-1
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 , 2024, awarded to _____
hereinafter designated as the Principal, a Contract for Project No. 2023-28, Citywide
Landscape Maintenance Services for Landscape & Lighting Assessment District 89-1.
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 twenty-five (25) percent of
the contract price 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 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under
their seals this day of
, 2024 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 1330-1
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
Company name
1340-1
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).
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
1340-2
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 Insurance. Prior to the beginning of and throughout the duration of this Agreement,
the following policies shall be maintained and kept in full force and effect providing insurance
with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less
than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$5,000,000 (per occurrence)
$6,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$5,000,000 (per accident)
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, Commercial General Liability insurance against all claims
1340-3
for injuries against persons or damages to property resulting from Contracting Party's acts or
omissions rising out of or related to Contracting Party's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that the coverage shall
be primary for losses arising out of Contracting Party's performance hereunder and neither City
nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the
foregoing and naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with the execution of
this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $5,000,000 per
accident against all claims for injuries against persons or damages to property arising out of the
use of any automobile by Contracting Party, its officers, any person directly or indirectly
employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of
them may be liable, arising directly or indirectly out of or related to Contracting Party's
performance under this Agreement. If Contracting Party or Contracting Party’s employees will
use personal autos in any way on this project, Contracting Party shall provide evidence of
personal auto liability coverage for each such person. The term “automobile” includes, but is not
limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The
automobile insurance policy shall contain a severability of interest clause providing that
coverage shall be primary for losses arising out of Contracting Party's performance hereunder
and neither City nor its insurers shall be required to contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer’s liability limits no less than $1,000,000 per
accident or disease.
Contracting Party shall provide written notice to City within ten (10) working days if:
(1) any of the required insurance policies is terminated; (2) the limits of any of the required
polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any
of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The
procuring of such insurance or the delivery of policies or certificates evidencing the same shall
not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers,
employees, contractors, subcontractors, or agents.
2.2 Remedies. In addition to any other remedies City may have if Contracting Party fails
to provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or withhold
any payment(s) which become due to Contracting Party hereunder until Contracting Party
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for Contracting
Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein
contained shall be construed as limiting in any way the extent to which Contracting Party may
be held responsible for payments of damages to persons or property resulting from Contracting
Party's or its subcontractors' performance of work under this Agreement.
1340-4
2.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting
Party. Contracting Party and City agree to the following with respect to insurance provided by
Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third-party general
liability coverage required herein to include as additional insureds City, its officials, employees,
and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of
subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available
or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to City or its operations limits the
application of such insurance coverage.
4. 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.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party 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
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to
the execution of this Agreement. 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 Contracting Party or deducted from sums
due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party 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 City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting Party,
provide the same minimum insurance coverage required of Contracting Party. Contracting Party
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. Contracting Party
1340-5
agrees that upon request, all agreements with subcontractors and others engaged in the project
will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) 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 agreement to self-insure its obligations
to City. If Contracting Party’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 Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party ninety (90)
days advance written notice of such change. If such change results in substantial additional cost
to the Contracting Party, the City will negotiate additional compensation proportional to the
increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure
on the part of City to inform Contracting Party 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.
14. Contracting Party 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
agreement. This obligation applies whether or not the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written statement
to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new coverage
must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its employees,
officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section
are not intended as limitations on coverage, limits or other requirements nor 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 limiting or all-inclusive.
1340-6
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be interpreted as
such.
19. The requirements in this Exhibit supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
20. Contracting Party 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 Contracting
Party for the cost of additional insurance coverage required by this agreement. 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.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss
against Contracting Party arising out of the work performed under this agreement. City assumes
no obligation or liability by such notice but has the right (but not the duty) to monitor the handling
of any such claim or claims if they are likely to involve City.
3.0 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:
Jon McMillen, City Manager
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 workmanlike 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 Maintenance & Operations 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
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.
General Conditions 1400-2
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, 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 the 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, 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.
General Conditions 1400-3
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 natural 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) – Performance and 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.
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.
Contract Change Order or Amendment - 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 - The words "Contract Documents" shall mean any or all of, but not limited
to, the following items, as applicable:
Request for Proposals
Instructions to Proposers
Contract Documents
Designation of Subcontractors
Contract
Acknowledgments
Performance Bond
Payment Bond
General Conditions
Supplementary General Conditions
General Project Requirements
Specific Project Requirements
Standard Specifications
General Conditions 1400-4
State Standard Specifications
Addenda, if any
Executed Change Orders, if any Notice of Award
Notice to Proceed
Permits from other agencies
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 request for proposal schedule shall be either a
lump sum proposal or the summation of the unit price proposals multiplied by the estimated
quantities set forth in the request for 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, 2025.
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.
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 Maintenance & Operations 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
establish 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.
General Conditions 1400-5
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 combined together prior to submittal of a
proposal.
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.
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 Maintenance & Operations
Superintendent in accordance with the Project Specifications.
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 Maintenance & Operations
Superintendent toward the meeting of contract requirements.
General Conditions 1400-6
2.0 ADMINISTRATION
2.1 Administration of the Contract
The Maintenance & Operations Superintendent will provide administration of the Contract as
hereinafter discussed. The duties, responsibilities and limitations of authority of City retained
consultants and the Maintenance & Operations Superintendent during the contract, as set forth in
the Contract Documents, will not be modified or extended without written consent of the City.
2.2 Maintenance & Operations Superintendent
2.2.1 General - The Maintenance & Operations 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 Maintenance & Operations Superintendent has the authority
to accept or reject change orders and cost proposals submitted by the Contractor or as
recommended by the Maintenance & Operations Superintendent within signing authority.
2.2.3 Progress Payments - The Maintenance & Operations 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 Maintenance & Operations Superintendent
in accordance with the provisions of the Contract.
2.2.5 Acceptability of Work - The Maintenance & Operations Superintendent has the
authority to make the final determination of the acceptability of the Work.
2.2.6 Contract Schedule - The Maintenance & Operations 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 Maintenance & Operations 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 Maintenance &
Operations 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 Maintenance
& Operations Superintendent will make decisions relative to all matters of interpretation or execution
of the Contract Documents.
2.3 Consultants – Assigned by City
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.
General Conditions 1400-7
3.0 City
3.1 General
The City, acting through the Maintenance & Operations 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.
3.2 Attention to Work
The City shall notify the Contractor in writing of the name of individuals designated as
representatives of the Maintenance & Operations Superintendent. The representative will normally
be at the Site of the Work. During the representative's absences, the Contractor may contact the
Maintenance & Operations Superintendent or a previously designated representative.
3.3 Inspection
The City’s Maintenance & Operations Superintendent will observe the Work and act in matters of
inspection under this Contract. The Maintenance & Operations Superintendent will call the attention
of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The
Maintenance & Operations 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 1400-8
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 Con tract.
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 Maintenance & Operations 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
Maintenance & Operations 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 Maintenance & Operations Superintendent, and such
person shall not again be employed on the Project.
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
General Conditions 1400-9
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
Maintenance & Operations 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 Maintenance & Operations 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 Maintenance & Operations 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 Paragraph 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,
Maintenance & Operations 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 Contractor. The City, Maintenance &
Operations Superintendent, or authorized representatives assume no responsibility
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 Maintenance & Operations
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 Maintenance & Operations 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
General Conditions 1400-10
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.
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 there of 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 Maintenance & Operations Superintendent in writing.
General Conditions 1400-11
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. 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 stipulated 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 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. The Contractor will be responsible to 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.
General Conditions 1400-12
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.
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.
General Conditions 1400-13
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 features 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 protection 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.
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 will 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 Maintenance & Operations 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 Maintenance & Operations 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, nor the
Maintenance & Operations 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, nor the Maintenance & Operations 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 Maintenance & Operations 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 Maintenance & Operations Superintendent or the
consultant, or their agents, shall operate as a waiver of any provision of the Contract.
General Conditions 1400-14
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 of the 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 Maintenance & Operations Superintendent .
Any work done beyond the limits of work, or established by the Maintenance & Operations
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 Maintenance & Operations
Superintendent made under the provisions of this section, the Maintenance & Operations
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
Maintenance & Operations 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 Maintenance & Operations 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 as may be just and reasonable.
General Conditions 1400-15
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 prosecute 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 Maintenance & Operations Superintendent 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 Maintenance & Operations 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 sup pliers. 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 (75) percent 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.
6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the Maintenance
& Operations 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 Maintenance & Operations 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.
General Conditions 1400-16
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 Maintenance & Operations
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
Maintenance & Operations 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 perform. 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
Maintenance & Operations Superintendent , within the time specified in such notice, the City shall
have the authority to terminate the operation of the Contract with a ten (10) day written notice per
section 2000, 9.0 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, 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 Contract 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.
General Conditions 1400-17
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 Maintenance & Operations 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 requi rements 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 also be work not shown or detailed in Contract Section 3000; 3.8, A.
Such work shall be governed by all applicable provisions of the Contract Documents. In
giving instructions, the Maintenance & Operations 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 Maintenance & Operations 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 decreases 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.
7.2 Differing Site Conditions
7.3 Resolution of Disputes
7.3.1 Contract Interpretation by the Maintenance & Operations Superintendent -
Questions regarding the meaning and intent of the Contract Documents shall be referred in
writing by the Contractor to the Maintenance & Operations Superintendent . The
Maintenance & Operations 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 Maintenance & Operations
Superintendent's decision in Paragraph 1400 -7.3.1, Contract Interpretation by the
Maintenance & Operations Superintendent , or in any case where the Contractor deems
additional compensation for work or materials not covered in the Contract or which the
Maintenance & Operations Superintendent has not recognized as extra work, the Contractor
shall notify the Maintenance & Operations Superintendent , in writing, of his intention to
make claim. Claims pertaining to decisions provided in Paragraph 1400 -7.3.1 shall be filed
General Conditions 1400-18
in writing to the Maintenance & Operations Superintendent within five (5) days of receipt of
such decision. All other claims notices for extra work shall be filed in writing to the
Maintenance & Operations 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
Maintenance & Operations 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 Maintenance & Operations Superintendent the costs
incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the
Maintenance & Operations Superintendent in content, detail and format of presentation. If
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 submission 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 Maintenance & Operations 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
Maintenance & Operations 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
General Conditions 1400-19
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 Maintenance &
Operations 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.
c. The Maintenance & Operations 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 Maintenance &
Operations 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 Maintenance & Operations 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 Maintenance & Operations
Superintendent’s written response, or if the Maintenance & Operations 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 Maintenance & Operations Superintendent’s response or
within 15 days of the Maintenance & Operations 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
General Conditions 1400-20
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):
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 City
Engineer, 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 Maintenance & Operations
Superintendent on a monthly basis, receipt of which shall not be construed as an
authorization for or acceptance of the disputed work.
General Conditions 1400-21
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 Maintenance & Operations 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 Maintenance & Operations
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 Maintenance & Operations Superintendent, the Contractor shall submit, in the
form prescribed by the Maintenance & Operations 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 Maintenance & Operations Superintendent will review the Contractor's proposal for the change
and negotiate an equitable adjustment with the Contractor. After there is an agreement the
Maintenance & Operations 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 Maintenance & Operations Superintendent.
The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe
benefits as established by neg otiated 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 Maintenance & Operations
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 Maintenance & Operations 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
General Conditions 1400-22
Contractor's managers or superintend ents, 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 up 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.
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 writ ten 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'
General Conditions 1400-23
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.
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
General Conditions 1400-24
in said publication, a suitable rental rate for such equipment will be established by the Maintenance
& Operations Superintendent.
Prior to the commencement of force account work, the Contractor shall notify Maintenance &
Operations 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
Maintenance & Operations Superintendent to the Contractor. The reports, if found to be correct,
shall be signed by both the Contractor and Maintenance & Operations Superintendent and a copy
of which shall be furnished to the Maintenance & Operations 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 provide 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 Maintenance & Operations 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 Maintenance & Operations 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 Maintenance & Operations 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 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, equipment, 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 proposal price for
doing the work, and the Contractor and its sureties shall defend, protect, and hold the City,
its consultants, the Maintenance & Operations 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
General Conditions 1400-25
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 all 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 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 carried out 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 Maintenance & Operations 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 Maintenance &
Operations Superintendent shall review the submitted estimate, and upon approval, the Contractor
may submit a detailed invoice for those amounts approved by the Maintenance & Operations
Superintendent.
If requested, the Contractor shall provide such additional data as may be reasonably required to
support the partial payment request. If the Maintenance & Operations Superintendent does not
agree with the Contractor's estimate of amount earned, the partial payment request will be returned
for revision. The Maintenance & Operations 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 Maintenance & Operations Superintendent’s evaluation, the Maintenance &
Operations Superintendent will calculate the amount due the Contractor, prepare the progress
payment request for signature by the Contractor, and submit the recommended progress payment
General Conditions 1400-26
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
Maintenance & Operations Superintendent , the Work is not proceeding in accordance with the
provisions of the Contract, or when in the Maintenance & Operations 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.
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 form 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.
General Conditions 1400-27
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.
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 due 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 withhold 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 disbur sed in behalf 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 1400-28
End of Section 1400
2000-1
DIVISION 2
SECTION 2000
GENERAL PROJECT REQUIREMENTS
1.0 CONTRACT LOCATION
The work involves the perpetual yearly maintenance of all of the landscaped areas within the
Landscape and Lighting Assessment District 89 -1 consisting of weekly maintenance and daily
repair of all planting and irrigation facilities in the median islands, parkways, retention basins, and
civic facilities. See the Appendix section and proposal forms for a listing and depiction of areas to
be maintained as part of this specification and request for proposal.
2.0 CONTRACT TERMS
The contract shall be for a period of twelve (12 ) months, or until June 30, 2025, beginning with the
date of execution of the contract (July 1, 2024). The City of La Quinta has the option to renew the
contract for six (6) additional one-year extensions. If the contract is renewed, the total length of the
contract shall not exceed seven (7) 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 WORKMAN'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. The Contractor shall submit Certificate(s) of
Insurance as per Section 1340, LIABILITY AND INSURANCE REQUIREMENTS.
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 7:00 a.m. to 5:30 p.m.
Saturday - Sunday 8:00 a.m. to 5:00 p.m.
May 1st to September 30th Monday - Friday 6:00 a.m. to 7:00 p.m.
Saturday - Sunday 8:00 a.m. to 5:00 p.m.
2000-2
The Contractor shall notify the Maintenance & Operations Superintendent at least 24 hours prior to
any work outside the normal working hours defined above, on weekends or holiday.
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 notifications may be sent via email, or mail service. The
second notification may result in fines imposed at the City’s discretion.
Deficiency No. 1 - Lack of compliance to specifications, work conditions, i.e., failure to adequately
remove weeds, mow, edge, sweep, pick-up trash/debris and animal feces daily, 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 $200 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. If
this type of deficiency should occur in the same location more than once, the fine as identified
above will be automatically deducted from the Contractor's monthly invoice for that maintenance
area.
Deficiency No. 2 - Failure to provide adequate staff and/or equipment in compliance with City
specifications and/or as requested by the City representative may result in a deduction of up to
$200 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), $200 per occurrence, per day.
Contractor will receive one courtesy notice regarding improper traffic control set up, example:
Improper taper length, inadequate signage, etc. th e second notification will result in an automatic
fine imposed.
2000-3
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 $500
deduction per occurrence. Additionally, Contractor shall be responsible for any imposed penalties.
Deficiency No. 5 - Minor irrigation deficiencies shall be repaired within twelve (12) hours. Major
irrigation deficiencies shall be repaired within twelve (12) hours of City -approved irrigation material
purchase request. $200 per occurrence, per day, deducted from the monthly invoice.
Deficiency No. 6 - Contractor is deficient for not following or managing, on a da ily basis, quality
control, including but not limited to weekly schedules, and weekly irrigation maintenance. Up to
$200 deduction per occurrence, per day, 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 ten days' 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 of Paragraph F of the Agreement, take over work and
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 against 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.
2000-4
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 sprinkle r parts, and 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.
13.0 WATER
The City shall furnish only metered water.
14.0 ACCEPTANCE
All work specified shall be completed under the direction and satisfaction of the City of La Quinta
and in accordance with these specifications. The City will monitor the Contractor's performance and
review weekly schedules to conduct a weekly evaluation 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 of each contract complaint reported by the public. The citizen
complaint 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 during working hours 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 inform the City representative 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. The
Contractor shall assign one management employee as the point of contact for dealing and
communicating with the Contractor staff and City contract administrator .
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.
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.
2000-5
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) and 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 change. Failure to maintain emergency
information current shall result in a $200 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 keeping all drainage facilities clear and in operating condition within the
Lighting and Landscape District service 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/SAFETY
18.1 Quality Control.
The Contractor shall establish a 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 work hours to ac commodate emergency repairs.
18.2 Supervision and Manpower
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) and two irrigation
technicians 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
landscape and arboricultural management, entomology, pest control, soils, fertilizers, plant
identification, and irrigation system maintenance. Supervisor shall be capable of communicating
effectively both in written and spoken English. Contractor shall provide adequate staffing to service
each maintenance area on a three-week rotation.
2000-6
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 Schedule
This contract requires the Contractor to submit a Weekly Email Schedule of work. The schedule
shall indicate the landscape maintenance area where 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). All landscape areas will receive maintenance no less than once per week.
18.5 Authorization
The Maintenance & Operations 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 disposal of all "green waste," be compliant with SB 1383, 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
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.
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.
18.8 Required Form Delivery.
All required and requested documents must be delivered to the City’s Maintenance & Operations
Superintendent.
19.0 Landscape Maintenance Equipment Inventory
The following equipment is to be included within the Contractor's maintenance 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.
2000-7
Rain Bird Maxicom and IQ Irrigation Software
The Contractor shall possess and maintain a computer and software capable of controlling and
operating the City’s Maxicom and IQ Irrigation System.
Mowing Equipment
A. Mechanically, ground driven, or hydraulic driven gang reel mowers capable of providing
variable cutting widths and cutting heights .
C. Rotary mowers with varying deck widths depending on terrain and location. A minimum
width of 60" shall be maintained. Mowers shall be capable 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 such as: median islands or parkways, as deemed
necessary by City representative.
Aerators
A. Walk behind self-propelled aerators shall be used on smaller turf areas such as median
islands and parkways, 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 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 be pulled from an attached tractor. Aerators shall be capable
of following contours and minor grade changes in the turf grasses. Aerator tines shall be
3/8" to ¾” 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
The contractor shall include string trimmers and edgers for trimming and edging around walks,
trees, planters, shrubs, fences and all other areas requiring detailed trimming.
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 the attached truck bed.
B. Contractor shall include a "chipping truck". The 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 powered chainsaws.
D. Contractor shall include pole saws. Pole saws may be either powered or manually
operated.
2000-8
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.
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 workplace, 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.
23.0 TRAFFIC CONTROL
The Contractor shall provide a traffic control plan, signed by a Public Engineer or Traffic Engineer, for
acceptance by the City no later than five (5) working days after issuance of the Notice of Award.
Subsequently, comments and corrections shall be returned to the Contractor within ten (10) working
days. The traffic control plan shall conform to the following requirements listed in this section:
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of
vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7 -
10 of the latest edition of the “Standard Specifications for Public Works Construction,” including all its
subsequent amendments and the latest edition of the “Work Area Traffic Control Handbook.”
In the event of conflict, the Special Provisions shall take precedence over the 2014 CAMUTCD. The
2014 CAMUTCD shall take precedence over the “Standard Specifications.”
Traffic control and the traffic plan shall conform to the following:
a. The traffic control plan shall indicate the traffic control requirements for the different
types of work to be performed. The Contractor shall be responsible for the preparation
of plans as necessary for specific items of work. These plans shall be approved by the
City Engineer prior to the Contractor commencing any work.
b. All traffic controls and safety devices, equipment and materials, including but not limited
to, cones, delineators, flashing warning lights, barricades, high level warning devices
(flag trees), flags, signs, makers, portable barriers, flashing arrow signs, electronic
changeable message signs and markings shall be provided and maintained in “like new”
condition.
2000-9
c. The Contractor shall furnish and properly install, construct, erect, use, and continuously
inspect and maintain all said devices, equipment and materials and all temporary and
permanent pedestrian and driving surfaces as necessary to provide for the safety and
convenience of, and to properly warn, guide, control, regulate, channelize, and protect
the vehicular traffic, pedestrian traffic, project workers, and the public throughout the
entire limits of the work activity and beyond said limits as necessary to include area
affecting or affected by the work, from the start of work to the completion of the work.
d. High-level warning devices (flag trees) are required at all times for any work being
performed within the roadway unless otherwise specifically authorized by the City
Engineer.
e. All barricades shall be equipped with flashing warning lights, and all traffic cones shall
be no less than twenty -eight (28) inches in height with reflective tape.
f. Except as otherwise directed, as shown in the approved traffic control plan, and/or
authorized by the City Engineer, two -way vehicular traffic shall be maintained at all
times within a minimum of two, 12 -foot-wide lanes. At no time shall the Contractor be
allowed to reduce the traveled way to one -way vehicular traffic.
No reduction of the arterial (main streets) shall be permitted between the hours of 8:30
a.m. and 3:30 p.m., unless otherwise shown in the approved traffic control plans, or prior
authorization to do so is granted by the City Engineer. No lane closures shall be
permitted or allowed on any City street before 8:30 a.m. and after 3:30 p.m., unless
otherwise shown in the approved traffic control plans, or unless authorization to do so is
granted by the City Engineer. No reduction of traveled way width shall be permitted on
any City street before 8:30 a.m. or after 3:30 p.m., on weekends or holidays, or when
active work is not being done, unless otherwise shown in the approved traffic control
plans, or unless prior authorization to do so is granted by the City Engineer.
g. Access to vacant unused property may be restricted at the Engineer’s discretion. Both
vehicular and pedestrian access shall be maintained at all times to all other property
except as otherwise specifically authorized in writing by the City Engineer.
h. Any traffic control and safety devices and equipment being used which becomes
damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall
be promptly repaired, refurbished and/or replaced, and any traffic control and safety
devices and equipment being used which are displaced or not in an upright position
from any cause, shall be properly returned or restored to their proper position.
i. Any obstructed view of all signs and warning devices including but not limited to stop
signs, stop ahead signs, street name signs, and other regulatory, warning and
construction signs, markers, and warning devices shall be maintained at all times. No
trucks or other equipment or materials shall be stopped, parked, or otherwise placed so
as to obscure said signs, markers and devices from the view of vehicular and/or
pedestrian traffic to which it applies.
j. When entering or leaving roadways carrying public traffic, the Contractor’s equipment,
whether empty or loaded, shall yield to said public traffic at all times, except where the
traffic is being controlled by police officers, fire officers or traffic signalized intersections.
k. Stockpiling and/or storage of materials on any public right-of-way or parking areas will
not be allowed without specific permission of the City Engineer. Materials spilled on or
along said right-of-way or parking areas shall be kept in a safe, neat, clean, and orderly
fashion, and shall be restored to equal or better than original condition upon completion
of the work.
2000-10
l. When work has been completed on a particular street or has been suspended or
rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO
PARKING” signs, other obstruction, and necessary traffic control devices and equipment
shall be promptly removed from that street except as otherwise authorized or directed
by the City Engineer.
m. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be
unavailable to promptly, satisfactorily, and fully comply with the provisions specified and
referred to herein above, the City reserves the right to correct and/or mitigate any
situation, which in the sole opinion of the City’s Engineer constitutes a serious deficiency
and/or serious case of noncompliance, by any means at its disposal at the Contractor’s
and/or permittee’s expense, and will deduct the cost therefore from the Contractor’s
progress and/or final payments. Such corrective action taken by the City shall not
reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control
and safety measures and shall not serve to transfer said obligations and liabilities from
the Contractor to the City or the City’s agents.
Violations of any of the above provisions and/or provisions of the referenced
publications, unless promptly and completely corrected to the satisfaction of the City
Engineer, shall, at the sole discretion of the City, be grounds for termination of the
Contract, or shutdown or partial shutdown of the work, without compensation to the
Contractor and/or permittee, or liability to the City, all as prescribed by contractual
obligation or State law, whichever is applicable.
n. The Contract item “Traffic Control” shall include labor lights, barricades, signs, materials,
fencing, and equipment necessary to ensure that the vehicular traffic conforms to
requirements as set forth in this section and as shown on the drawings.
o. The compensation for furnishing, placing, maintaining and removing traffic cones,
telescoping tree flags, advance warning signs, electronic changeable message signs,
barricades, temporary striping, and other safety devices as required for public safety or
as directed by the City Engineer, shall be considered full compensation for all labor and
materials for complying with these requirements, and no additional compensation will be
made therefore.
p. The Contractor shall be responsible to protect the work area at all times.
24.0 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.
25.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
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 report any storm damage to the City's representative. It is the Contractor's
responsibility to remove debris accumulated by high winds or other typical or non -typical
environmental conditions (within 48 hours after a storm. Including all decomposed granite/dirt in the
street that has fallen from center medians, and from perimeter areas into sidewalks ).
2000-11
26.0 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.
27.0 CITY LIAISON
The City will appoint a representative. The City representative and the Contractor's representative
will meet on a weekly basis. The purpose of this meeting will be to discuss specific project areas.
28.0 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 .
The City will pay Contractor for all expen ses stated thereon which are approved by the City
pursuant to this Agreement no later than 30 working days from the date of receipt.
Send monthly invoices to: City of La Quinta
Dianne Hansen , Maintenance & Operations Superintendent
dhansen@laquintaca.gov
The monthly proposal amount is the amount set forth in the submitted proposal.
29.0 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
Maintenance & Operations Superintendent, based upon all the facts he may gather, 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.
30.0 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.
31.0 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.
2000-12
32.0 ADMINISTRATION
A. Periodic Services
The Periodic Services (Section 5000), which is provided in these documents, indicates
the time frames when items of work shall be accomplished.
B. Reports and Schedules
The Contractor shall provide and complete a schedule for each area of work. Failure to
notify of a change and/or failure to perform an item of work on a schedule may result in
deduction of payment for that date or work, even though the work is performed on a
subsequent day.
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. It is the Contractor's responsibility to remove debris accumulated by
high winds or other typical or non -typical environmental conditions within 48 hours after a
storm. Including all decomposed granite/dirt fallen into sidewalks. Tree stumps from fallen
trees to be removed withing 14 days.
D. Performance on Schedule
The Contractor has been provided the latitude in esta blishing work schedules and
equipment resource requirements. The Contractor has also been provided the
opportunity and procedure for adjusting those schedules to meet special circumstances.
Therefore, all work shall be completed on the day scheduled (as shown on the
Contractor-submitted schedule). All schedules shall be pre -approved by City
representative. 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 Contractor for only the work 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.
3000-1
DIVISION 3
SECTION 3000
SPECIFIC PROJECT REQUIREMENTS
1.0 SCOPE OF WORK
The work shall include furnishing all labor , materials, and equipment necessary to maintain median islands,
parkways, retention basins, and Arbor Pro software for data collection of all tree maintenance performed .
Duties include, but are not limited to, trash collection, cleaning, maintaining lawns, maintaining ground
cover, shrubs, and trees, maintaining and repairing irrigation/sprinkler systems, providing weed and pest
control, and removing animal feces.
2.0 SCHEDULING OF WORK
The Contractor shall provide the City with a weekly schedule in accordance with Division 2 Section 2000
No. 18.4.
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. 18.6 .
3.2 Trash Collection, Cleaning and Maintenance
The City has designated priority/ high profile areas due to high use or programmed events as follows:
City Parking Lot (Avenida Bermudas and Avenida Montezuma )
Calle Estado (Avenida Bermudas to Desert Club Drive)
Calle La Fonda (Avenida Bermudas to Desert Club Drive)
City Monuments located on HWY 111 at Jefferson and Vons Plaza
Where applicable in the above areas the following items of work will require attention on a daily basis, to
be completed prior to 7:00 am.
A. Empty all trash receptacles and clean/wipe down tops with a wet rag, restore liners or replace as
necessary. Clean and empty ashtray receptacles, re -fill sand as needed. Re-fill all doggie boxes/Pet Pick-
up receptacles as necessary.
B. Pick up all trash/debris and animal feces in landscape areas, sidewalks areas, parking lot areas,
wood chip areas, turf areas, and parkways. Rake/sweep along the curb and/or curb & gutters adjacent to
landscape areas.
Where applicable the following items of work require attention on a weekly basis:
A. Keep all areas free of weeds and debris, including paver areas at the ends of medians, and at
seams of the gutter and asphalt.
3000-2
B. All trees trimmed and/or pruned so as not to impede traffic. All shrubs/plants to be trimmed and/or
pruned to keep plant growth compact and not to overgrow the designated perimeter .
C. Monitor and maintain irrigation system by means of operational testing.
D. 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.
3.3 Mowing
A. Mowing shall include cutting all grass to a minimum height of one (1) inch and a maximum height of
one-and-one-half (1½) inches. Uneven cuts, scalping, and varying heights of lawn areas will be considered
unsatisfactory to City standards.
B. Mechanical edging along all walkways and curbing.
C. 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.
3.4 Vegetation Maintenance
A. Arboricultural Services and Tree Maintenance
Arbor Pro asset management software is required for arboricultural services to collect maintenance
data, all data is to be updated electronically each time a tree is serviced for maintenance, and/or
inspected for any reason, ie: pests; accident damage; declining tree health, etc.
a. Tree Number: each individual tree is assigned an asset number (to be provided) and picture
of the tree. No other tree will have this number.
b. GIS Coordinate: Coordinates provided for each tree collected by sub-meter GPS receiver is
California State Plane Coordinate System Zone 6, NAO 83, (Feet) Coordinates.
c. Nomenclature: The botanical name, including genus and species, and the local common
name will be listed for each specific tree.
d. DBH: the diameter of the tree measured 54 inches above the ground.
e. Height: Overall height of the tree.
f. Canopy Spread: Width from drip-line to drip-line plus or minus 3 feet.
g. Tree condition: Overall condition of the tree, damage, or safety concerns , maintenance
recommendations.
h. Site Conditions: Will be described as follows:
i. Overhead wires: Any trees located under overhead utility wires.
ii. Hardscape: Any tree that is visibly damaging streets, curbs, sidewalks, or buildings.
iii. Sidewalk/Street proximity: Any tree located within 14 feet of a street, sidewalk, or
building.
iv. Sidewalk/Street clearance: Any tree that is presently in violation of the following
clearance limits.
1. Sidewalk 7’ clearance
2. Street 14’ above curb and gutters
3. Building 1 foot (scaffold branches within 1 foot of any buildings)
i. Staking: Any tree that has unnecessary stakes that need to be removed or replaced or is in
need of staking.
j. Comments: Any additional information relating to the tree or site not covered by specific
attributes.
3000-3
i. Provide the City with reports on request, online and mobile access to Electronic Tree
Inventory, and Maintenance data.
ii. The contractor shall update the tree inventory annually, during or immediately after
the pruning process is complete.
Report
a Attribute information: All attribute information collected is submitted as a Database
Table or Excel Spreadsheet.
b Database: Data collected provided to the City in either ESRI Shapefile or
Geodatabase format.
c. The information is organized to incorporate the different area of the City:
1. L&L District – Trees that are located in the right of ways and median islands,
are to be identified by street and their landscape maintenance area number. Trees located
in retention basins, are to be identified by the street and name of the basin.
2. Fire Stations – Trees that are located at the Fire Stations are to be identified
by the street and Fire Station number.
3. Miscellaneous Areas identified by address to be provided by the City.
TREE AND PALM PRUNING
a Schedule: See B, Tree Maintenance below for time frames.
b Arboricultural services include but are not limited to the following:
1. Street and sidewalk clearance.
2. Removal of dead or hazardous branches of trees or palms.
3. Annual pruning of hardwood trees and palm trees.
4. Inspection of trees for health condition and for tree hazards including lifted
sidewalks and curbs, utility conflicts, and intrusions into roadways or pathways.
5. Tree and palm removal from public right of ways, medians and Fire Stations.
Additional work may include tree installation, staking, pest control or pruning hedge rows .
B. Tree Maintenance
Trees shall be pruned within the following criteria:
1. Broadleaf trees (as needed in spring or fall but no less than annually).
2. Conifers (as needed in spring or fall but no less than annually).
3. Palm Trees as needed, but no less than annually, Date Palms by May 31st,
Washingtonias, Bismarkia’s and Filferas by July 31st.
a. The contractor shall provide and post “No Parking” notification of the trimming
schedule in advance of the work at/near residential properties. The contractor shall
follow the schedule for palm and tree trimming with the City representative.
b. At least seven (7) working days prior to commencement of any non -emergency work
at/near residential properties, occupant(s) of the property must be notified of the type of
work that shall be performed and the anticipated time frame during which the work shall
be performed.
c. At least 72 hours in advance of work, the Contractor shall supply and post
standardized no-parking signage at site locations where work will affect residential
parking.
d. Beginning non-emergency work without notification shall subject the contractor to
penalties described in Deficiency No 6.
3000-4
e. Postings shall not be left in place once work has been completed. Postings left in the
street once the work has been completed shall subject the contractor to penalties
described in Deficiency No 6.
4. 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.
5. All trees which are located within the landscape maintenance areas (as identified
in the Appendix), shall be included.
6. Trees stakes, ties, and guys shall be checked and corrected as needed. Ties will be
adjusted to prevent girdling. Remove unneeded stakes, ties, and guys as per City's
request. Replace broken stakes as required.
7. 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.
8. Prune trees along sidewalks to allow seven-foot (7’) clearance for pedestrians
and fourteen feet (14’) above curb and gutters for vehicular traffic.
9. Perform minor tree surgery as required.
10. Ailing or stunted trees, which fail to meet expected growth expectations, shall be
brought to the attention of the City representative.
11. Under no circumstances will strip ping of lower branches (raising -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 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.
12. All holes from removed trees shall be filled and refilled until it maintains grade level.
13. The Contractor will be responsible for staking and tying trees, and removing staking
and tying.
14. All debris from pruning, trimming, and tree maintenance shall be removed by the
Contractor during the same working day accumulated.
15. 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.
16. 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.
3000-5
17. 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.
18. Any fallen tree, or limb, or branch are a safety hazard and will be removed as
needed, including the root ball as part of the contract price.
19. Any plants and trees 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
available unit prices. After receiving City authorizatio n, the Contractor will submit
a separate invoice for any additional labor (outside of the working hours
defined Section 2., 6.0, WORKING HOURS) and materials plus 15% mark-up
and taxes. Contractor shall provide a copy of the nursery invoice.
20. The Contractor will be held liable for any damage done to trees due to poor
management procedures (i.e., improper staking, damage done by not removing tie
wires, improper pruning, etc.).
21. 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. The replacement must
be of comparable size.
C. Shrubs
1. 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.
2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation
does not overgrow its designated growth perimeter.
3. Whenever ground cover, shrubs, or trees die, the Contractor shall call 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.
4. Remove any spent blossoms or dead flower stalks as required to present a neat and
clean appearance.
5. Shrub and ground cover mounding shall not exceed 2 feet (2’) in height within areas
required for vehicular sight distance depending upon roadway topography.
Contractor to inform the City representative if plant material is placed in areas where
this will continually be a problem.
D. Vines
1. Vines and espalier plants shall be checked and retied as required. Secure vines with
appropriate ties to promote directional growth on supports.
3000-6
2. Do not use nails to secure vines on masonry walls.
3. Pruning of vines will be in accordance with good horticultural practices.
E. Ground Cover
1. Trim ground cover adjacent to walks, walls, and/or fences as required for general
containment to present a neat, clean appearance.
2. 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.
3. Prevent soil compaction by cultivating regularly all ground cover areas.
4. Any paper or litter that accumulates in ground cover areas shall be picked up on a
weekly basis (minimal).
5. 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.
6. Bare soil areas shall be cultivated a minimum of once per month.
3.5 Pest Control of Plant Material
1. 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.
2. Contractor will assume responsibility and liability for the use of all chemical controls.
Pests and diseases include, but are 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.
3. All material used shall be in strict accordance and applied within the most current
EPA regulations and the California Food and Agricultural Code.
4. 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 representatives. Material use reports for all pesticides shall be
filed with the City no later than the 10th of every month for the preceding month.
5. Application of Pesticides
a. 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
3000-7
contamination from draft. 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.
b. 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.
c. 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 high-pressure applications and using water -
soluble drift agents.
d. 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 of adjuvants will be to increase pesticide efficiency
thereby reducing the total amount of technical material required to gain
control.
e. Substitution: Wherever a specific type of material is specified, no
substitutions shall be allowed without the written consent of the City
representative.
f. Certification of Materials: All materials shall be delivered to the site in original
unopened containers. Materials shall be subject to inspection by the City
representative.
6. 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.
7. Identify the cause of injury and consult a Pest Control Advisor before application of
chemical treatments.
a. 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.
b. Application of all pesticides shall be only by a properly State Licensed Pest
Control Operator or a Certified Applicator of Pesticides.
d. In case a Restricted Use Pesticide is recommended, the City must have a
use permit issued only by the County of Riverside Agricultural
Commissioner.
3000-8
8. 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.
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.
9. Dusty foliage and warm temperatures are indicators of mites. So long as the foliage
is washed, mite populations are low. Keep mite populations low to prevent plant
injury. Conifers are especially susceptible and often killed by mites.
10. Bark beetles feed in the cambium of scaffold branches and trunks. Older and
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 crotches of branches. Also, there may be
branches dying.
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.
11. 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.
Control with weekly applications of toxic bait until the youngest brood is gone. The
City will not tolerate epidemics of snails.
12. 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,
fireblight, and some other blights of foliage.
a. Thinning of tree foliage, to provide light and aeration for ground cover is a
type of disease prevention.
b. 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.
13. Weeds must be removed upon appearance. Selective post emergence herbicides
shall be used to kill weeds without permanent injury to other plants. Do not proceed
with a treatment except as recommended by a Pest Control Advisor in writing. Pre-
emergence herbicide shall be applied the first week of February each year.
a. All creeping grasses, as well as broadleaf weeds, shall be kept out of shrubs
and ground covers.
b. Broadleaf weeds in turf shall be removed selectively, without injury to the
lawn grass other than slight, temporary discoloration.
c. Grass weeds in lawns shall be controlled with selective post -emergence
herbicides. See Seasonal Work for pre -emergence herbicide controls of
weedy grass seeds; i.e., crabgrass and dallisgrass.
3000-9
14. Weeds not killed with herbicides shall be removed manually. However, manual
weed control shall not be substituted for herbicide applications.
15. 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.
16. The Contractor shall establish a continuing program to control insects and rodents.
17. With the program, the following information shall be included:
a. The pest to be controlled
b. Method of control
c. The product labels
d. A schedule as to frequency of control
18. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used.
(Failure to submit this log to City representative will result in a Performance
Deficiency Reduction.)
19. When using pesticides, the instructions on the label shall be followed explicitly and
special care shall be exercised in application.
3.6 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.
3.7 Fertilization
A. Scheduling: All applications shall be recorded and specifically identified on the weekly schedule
indicating the fertilizer 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 the 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 use of constant flow P.T.O. driven spreaders will keep
materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for
removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at the
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 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.
3000-10
3.8 Plant Additions and/or Replacements and/or Extra Work
As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees,
shrubs, vines, ground cover, or flowers. Such work materials will be paid for as extra. Exceptions will be
replacements due to Contractor's neglect. This will be determined by the City representative.
A. Extra work may include landscape restoration within City medians, parkways, and retention basins.
Work may include modifications to the existing irrigation system, installation of additional valves,
plant, tree, ground cover installation/replacement, minor grading as needed , and/or tree/palm tree
removal. This work is to be completed with additional staff other than assigned maintenance staff.
The Contractor shall not perform, nor be compensated for extra work without written authorization.
The City may choose to utilize the contractor as a select source for extra work, or may choose to
utilize other sources for extra work.
B. The City may choose to utilize the contractor based on pricing and availability for any other On-Call
Landscape Maintenance Services. Work may include landscape maintenance restoration projects,
sports field maintenance, clean up, weed abatement in other City areas outside of the scope of this
contract such as in parks, non-contracted city owned property and for services such as storm clean
up throughout the City on request for work not covered under Section 2000; 33.0, C.
3.9 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.
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 work areas.
4.0 IRRIGATION MAINTENANCE DETAILS
Irrigation
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. Roadway safety and
maintenance is the first and foremost reason why water must be strictly controlled within the
City. Other important water management considerations include safe and dry turf areas for
community use, water costs, water conservation and plant health. Failure to perform
irrigation system maintenance as described below shall constitute a deficiency.
3000-11
B. Reports
The Contractor will submit a Weekly Irrigation Schedule. This form shall indicate what
irrigation 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.
C. Irrigation/Operation and Maintenance
Irrigation shall be accomplished in accordance with City -provided schedules. The following
irrigation times shall be applied to various types of public facilities.
1. Retention Basins (Sunday-Thursday) 10:00 p.m. - 6:00 a.m.
2. Medians/Parkways 11:00 p.m. - 5:00 a.m.
Failure to adjust irrigation controllers to comply with designated watering windows by the
Water Authority and City 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 ²/IQ, 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. Each irrigation system equipped with Maxicom²/IQ, shall be tested and
inspected weekly.
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, walkways, trails, fences, and private property
d. Match precipitation rates
4. All system malfunctions, damage, and obstructions shall be recorded and timely
corrective action taken.
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
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 horticulturally acceptable
maintenance practices.
3000-12
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.
ii. Major repairs shall include all items before the automatic control
valve including but not limited to backflow, pressure regulators, and
mainline control wire. The cost for major repairs will be considered
extra services based on the unit cost. These repairs shall not be
performed without City authorization.
d. All replacements shall be with original type and model materials unless a
substitute is approved by the City representative.
e. Contractor shall maintain an adequate stock of medium and high usage
items for repair of the irrigation system.
f. Contractor shall implement repairs in accordance with all effective warrants
and no separate payment will be made for repairs on equipment covered by
warranty.
g. 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. Costs will be determined from comparisons of usage with historical
usage for the same time period. Costs to be deducted from payments will be
presented to the Contractor by the City.
3000-13
h. 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 Yard upon request. Control clocks will be returned to the City
the day removed for repair or replacement.
i. The Contractor shall adjust sprinkler heads and valve boxes to the level of
the ground surface.
j. Control valves, sprinklers, and direct burial control wires shall be located and
repaired by the Contractor.
k. 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.
l. 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.
m. The Contractor shall be held responsible for damage done to sprinkler
heads, landscape lighting and valves due to careless operation of vehicles
and lawn mowers.
n. Personnel
1. The Contractor shall provide full-time personnel fully trained 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 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.
o. 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.
3000-14
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 proposal.
c. The total cost of materials shall include the following:
-Wholesale cost (retail costs minus Contrac tor's
discount, applicable sales tax, and A markup of 15%
maximum for overhead costs.
5. All materials are to be new and identical to existing materials, unless
directed otherwise by the City Inspector.
p. 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 location of
repair and submitted on a weekly basis to reflect work carried out.
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 s, curbs, gutters, asphalt and
sidewalks within the project areas are to be removed on appearance.
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 plan ts shall be
replaced by Contractor; it is determined by City representative, if they died due to Contractor's negligence.
7.0 TURFGRASS
A. General
2. 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.
3. 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 when soil condition is poor, to p
dress may be required. Use plug aeration with 3/8 " tines. Any areas that show
3000-15
excessive compaction shall receive additional treatment as required to alleviate this
condition. Removal of sod plugs may be required. The scheduling of aeration will be
recorded on the Maintenance Schedule.
3. Mowing: Mow and edge, parkways, median islands, etc., weekly during the period of
March 2nd to November 1st and once every other week during the period November
2nd to March 1st. Turf in this contract shall be mowed with power -propelled mowers
equipped to mow and collect clippings in one operation. Rotary mowers or reel
mowers will be required. The 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 frost is present.
Alternate mowing patterns whenever possible, to prevent wheel ruts. If ruts are
made, Contractor will make repairs at their expense.
4. Trimming and Edging: Trim around graphic 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.
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
Over-seeding shall be performed at Fire Station 70 , Fire Station 93, and Fire Station 32 and
Eisenhower Dr.
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 crabgrass in all turf
areas. The Contractor shall be especially careful if applying chemicals to control weeds
because of possible damage to the lawn. 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 (Trees damaged by Contractor's operations will be r eplaced at Contractor's
expense).
8.0 SIDEWALK MAINTENANCE
All sidewalks and paths of travel in round-a-bouts within the City areas shall be swept or cleaned to
remove any glass and/or debris. In addition, storm debris shall be removed within 48 hours .
3000-16
End of Section 3000
4000-1
SECTION 4000
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. Such reports must be detailed and thorough
and may include but not be limited to the following:
A. Weekly Maintenance Schedule(s).
1. Contractor shall provide a weekly, landscape maintenance schedule to
the City.
2. Notification of change in scheduled work must be received by the City at
least 12 hours prior to the scheduled time for the work.
B. Pesticide Use Report (upon request).
C. Accident/Incident Reports (24 hrs. after occurrence)
D. Landfill Diversion Reports (upon request).
E. Suggestions for improving problem areas.
F. Cost information to perform extra work (upon request).
G. SB 1383 Reporting
H. Arborist’s Tree Condition Report
4000-2
4000-3
FORM 1
CITY OF LA QUINTA
PERFORMANCE DEFICIENCY DEDUCTION
Notification to:_______________________________________________________
Date:______________ Time:_________ Method:__________________________
The deduction for failure to address performance deficiency(ies) is $200 per instance, per day
and may be assessed at the City’s discretion on the second notification of the deficiency.
Contractor may be notified via email, or mail of performance deficiencies. Deficiencies are to be
corrected within the time frame noted in the contract.
The following performance deficiency(ies) has been observed and requires immediate attention
to correct.
Deficiency(ies):______________________________________________________
1. Failure to comply with contract specifications, including weed control.
2. Failure to provide adequate equipment, staffing, or traffic control.
3. Failure to protect public health and/or to correct safety concerns.
4. Failure to comply with water restrictions.
5. Failure to correct major/minor irrigation deficiency in time frame (12HRS).
6. Failure to comply with schedules, or submit weekly schedules, and/or specified reports,
or falsification of reports.
a. Failure to program controllers per City-provided schedule.
b. Failure to manage the City approved quality control program.
c. Failure to comply with schedules, or submit weekly schedules, and/or specified
reports, or falsification of reports.
Location/Description:___________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Initiate the necessary corrective actions(s) and notify the City Inspector when complete for
re-inspection.
_____________________________ _____________________________
Inspector M & O Superintendent
____________________________________
Public Works Director or Deputy Director
(See attached Contract Maintenance Incident Report for additional correctional information.)
4000-4
4000-5
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)
4000-6
4000-7
FORM 3
CITY OF LA QUINTA
WEEKLY MAINTENANCE SCHEDULE
Landscape Maintenance Area No. &
Description
Day of
Week
Fertilizer
Used/
Frequency
Staff
Levels
Type of
Work
Current or
Make-up Work
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Report Comments:
4000-8
4000-9
FORM 4
CITY OF LA QUINTA
SB 1383 REPORTING
REPORT DUE ANNUALY ON OCTOBER 30
Landscape Maintenance Area
(Location and Use)
Date
Materials
(Mulch/Compost)
Quantity
Cost
(Attach Materials Invoice)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Report Comments:
4000-10
4000-11
FORM 5
CITY OF LA QUINTA
ARBORIST’S TREE CONDITION REPORT
Landscape Maintenance Area
(Location/Median/Parkway)
Date
Condition
Risk
(1 – 5)
Recommendation
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Report Comments:
5000-1
SECTION 5000
PERIODIC SERVICES
6.0 SERVICES DUE
6.1 Services Due December - February
A. Turf areas that have one of the following weed grasses shall receive a long-lasting broad-
spectrum pre-emergence herbicide between January 20th and February 10th: Crabgrass;
Dallisgrass; Goosegrass; Kikuyugrass (Herbicide must be registered for use on the turf
grasses and weeds to be treated).
Pre-emergence herbicide shall also be applied the first week of February each year to all
shrub and ground cover areas.
Follow directions on label of the herbicide. Apply evenly. Split the total application into
opposite directions. 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 6000).
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.
6.2 Services Due March - 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 landscapes (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.
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 shall be applied in May for the prevention
of weed seed germination in turf grasses and ornamentals.
The herbicide must be registered for use on turf grasses, ornamental plants, and weeds to
be treated.
5000-2
F. In April, fertilize all lawns with 10 lbs. /N of 16-6-8, or approved equal.
Immediately following distribution of chemicals, sprinkle irrigate without flooding turf.
G. In May, fertilize all plantations except lawns. Evenly distribute 8 lbs. /N of 37-0-0, sulphur
coated urea, or approved equal.
Immediately following fertilization, irrigate long enough to wash particles off foliage, without
displacing fertilizer on soil.
H. 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 rate of 5 lbs. Apply a chelate ferrous compound on soil under foliage at rate
on product label.
J. Prevent stains by washing iron fertilizers off hard surfaces.
6.3 Services Due June - August
A. Remove grass weeds in all turf grasses with the proper selective post-emergence herbicide.
Look for and kill any crabgrass, dallisgrass, goosegrass, kikuyugrass, etc. A combination of
two herbicides is very effective for use in Bermuda grass lawns. Contractor shall determine
which herbicides shall be used and communicate to the City before application. When
treating cool season grasses like Tall fescue turf, the organic arsenical by itself does the job
with repeated applications.
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; Dietes 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. If injured turf can be lifted like a piece of carpet, silver
colored grubs will be seen on soil. Treat surrounding area with an insecticide registered for
grubs or billbug larvae.
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. There are 2 to 3 insecticides
registered for the control of Chinch bugs.
E. Diseases that injure turf grasses are of short duration. Prevent temporary moisture stress in
heat. No fungicidal spray will be necessary on Bermuda grass.
6.4 Services Due September - 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 6000: Ficus & Rhus, in September before winds; Callistemom;
Natal Plum; Oleander; Star Jasmine; Grevillea Trees; Unlisted species as specified by the
City.
5000-3
C. Scattered clumps of cool season grasses shall be killed by spot spraying. Overspray of a
systemic contact herbicide will kill Bermuda grass. The remaining bare spots will be covered
by regrowth of spreading Bermuda grass.
E. After doing above, fertilize all lawns before November. Evenly apply 10 lbs./N 16-20-20, or
approved equal.
Fertilize right after mowing. Special irrigation may be required.
G. All area turf grasses and landscapes to receive a broad-spectrum pre-emergence herbicide
for the prevention of weed seed germination in September. The herbicide must be
registered for use on turf grasses, ornamental plants, and weeds to be treated.
5000-4
End of Section 5000
6000-1
SECTION 6000
PRUNING AND TRAINING QUALITY STANDARDS
7.0 PRUNING AND TRAINING QUALITY STANDARDS
A. Shrubs, herbaceous plants, and ground covers shall not be pruned with power hedgers.
Hand prune only, unless a hedge is desired.
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 of origin. Leave no
butts or stubs. Shearing is only for hedges, after thinning out big, long shoots.
3. Prune to retain natural shape of plant. Shapes vary according to plant species.
There shall be no flat, square tops or unnatural forms.
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.
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.
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 (7ft. Pedestrian & 14ft. Vehicle).
E. Cut out dead, crossing, rubbing branches, and v-shaped crotches.
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 recut cleanly.
G. An exposed wound, as where a branch was removed, shall remain exposed. Do not paint or
apply any substance on a 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.
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 guy wire ties to immoveable
stakes. The wire shall be on a 45 angle with the tree trunk.
6000-2
End of Section 6000
APPENDIX
Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanDog Bag Station51001 Eisenhower Dr (Casita LSM & Parking Lot) 0 1,007 1,007 2Entrance - Acacia (Miles Ave/Seeley Dr) 0 1,755 1,755 5 XEntrance - Cactus Flower (Dune Palms Rd) 0 1,850 1,850 8 XEntrance - L.Q. Del Oro (Via Sevilla/Washington St) median & n/side only0 6,471 6,471 10 XEntrance - L.Q. Highlands (Miles Ave/Las Vistas Dr) 0 12,967 12,967 9 XEntrance - Rancho Ocotillo (La Palma Dr/Adams St) 0 2,440 2,440 10 XEntrance - Topaz (Miles & Dune Palms, SW) 0 1,200 1,200 0 XEntrance Monument (Hwy 111 & Jefferson) ( Home Depot) 0 4,080 4,080 15 XEntrance Monument (Hwy 111 & Plaza La Quinta) 0 1,100 1,100 9 XFire Station - P.G.A. West #70 (Ave 54 & Madison) 6,054 56,344 62,398 38Fire Station - #93 (Adams St N of Miles Ave) 6,500 4050 10,550 22Fire Station - #32 (New) & Maint. Yard (78-111 Ave 52) 1,500 23000 24,500 40Fire Station - #32 (old) 78-106 Francis Hack Lane 0 100 6,100 3Frontage - Calle Tampico (SW Avenida Bermudas) 0 9600 9,600 8Median - Adams St (Ave 48-Hwy 111) 0 21,430 21,430 45Median - Adams St (Hwy111 - BlackHawk Way) 0 2,060 2,060 0 XMedian - Airport Blvd (Madison St - Monroe) Art Turf 72,060 72,060 24Median - Auto Center Dr & round about 0 7,268 7,268 7Median - Ave 48 (Adams St-Jefferson St) 0 49,180 49,180 24 XMedian - Ave 48 (Washington St-Adams St) 0 34,500 34,500 15Median - Ave 50 (Eisenhower Dr-Washington St) 0 30,550 30,550 35 XMedian - Ave 50 (Evac Channel-Park Ave) 0 18,004 18,004 49Median - Ave 50 (Orchard to Jefferson) 0 6,300 6,300 4Median - Ave 50 (Park Ave to Orchard Ln) 0 16,720 16,720 12Median - Ave 52 (Avenida Bermudas-Desert Club Dr) 0 3,550 3,550 7Median - Ave 52 (Desert Club Dr-Washington St) 0 28,900 28,900 32Median - Ave 52 (Jefferson St east to Evac Channel) 0 6,300 6,300 11Median - Ave 52 (Washington St to Jefferson ST) 0 122,350 122,350 87Page 1 of 5
Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanDog Bag StationMedian - Ave 52 & N. Parkway (Evac Channel to Madison) 0 40,400 40,400 12 XMedian - Ave 52, Madison Street to Meriweather Way 0 30,000 30,000 51Median - Ave 54 (Jefferson St-Madison St) 0 51,545 51,545 101Median - Avenida Bermudas (Ave 52-CalleTampico;Triangles & Medians)0 15,550 15,550 14Median - Avenida La Fonda (Avenida Bermudas-Desert Club Dr) 0 2,000 5,000 45 XMedian - Avenida La Fonda (Calle Tamazula-Calle Rondo) 0 27,554 27,554 12Median - Calle Estado (Avenida Bermudas-Desert Club Dr) 0 2,000 5,000 55 XMedian - Calle Paloma (Ave La Fonda) 0 1,560 1,560 1Median - Calle Sinaloa (Eisenhower Dr-Avenida Bermudas) 0 11,292 11,292 14 XMedian - Calle Sinaloa (Eisenhower Dr Round-a-Bout) 0 14,000 14,000 3Median - Calle Tampico (Eisenhower Dr-Washington St) 0 30,400 30,400 52 XMedian - Dune Palms Dr (Hwy 111 to Ave 48) 0 6,000 6,000 8Median - Eisenhower Dr (Avenida Fernando-Hiden Canyon Dr) 0 14,500 14,500 22 XMedian - Eisenhower Dr (CalleTecate-CalleTampico) 0 33,320 33,320 89Median - Eisenhower Dr (Tampico to Ave 50) 0 10,000 10,000 15Median - Eisenhower Dr. (Hidden Canyon to Washington St) 0 12,000 12,000 34Median - Fred Waring Dr. (Washington To Adams) 0 39,200 39,200 85Median - Fred Waring Dr. (Adams to Dune Palms) 0 39,000 39,000 21Median - Fredwaring Dr (Dune Palms to Jefferson) 0 16,600 16,600 22Median - Hwy 111 (west City limits: Cliff House to Adams St) Art. Turf 32,145 32,145 12 XMedian - Hwy 111 (Adams St. to Jefferson St.) Art. Turf 35,300 35,300 45Median - Jefferson St (Hwy 111- Westward Ho Dr.) 0 13,000 13,000 21 XMedian - Jefferson St & Round About (Hwy 111-Ave 54) 0 225,505 225,505 303 XMedian - La Quinta Drive (Hwy 111 to Auto Center) 0 750 750 3Median - Madison St (Airport Blvd - Avenue 58) 0 64,800 64,800 68Median - Madison St, Ave 54 to Ave 56 (Airport Blvd) 0 65,660 65,660 90Median - Madison St Ave 52 to Ave 54 0 85,000 85,000 85Median - Madrid and Bermudas 0 4,600 0 1Page 2 of 5
Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanDog Bag StationMedian - Miles Ave (Dune Palms Rd.- Jefferson St) 0 14,000 14,000 15Median - Miles Ave (Washington St-Seeley Dr) 0 23,400 23,400 17 XMedian - Miles Ave (Seeley Dr to Dune Palms Rd) 0 30,800 30,800 19Median - Monroe Street (Ave 52 to Ave 53) 0 16,000 16,000 27Median - Monroe St. Ave 57 to 1,320 So 0 7,920 7,620 12Median - Monroe St - Ave 53 to Ave 54 0 15,840 15,840 0Median - Navarro/Montezuma (Round-a-Bout & Parkway) 0 6,500 6,500 30 XMedian - Seeley Dr.(Washington to Miles Ave) 0 8,675 8,675 24Median - Washington (Fred Waring Dr-Miles Ave) 0 38,400 38,400 33 XMedian - Washington St (Ave 47-Ave 48) 0 33,800 33,800 24 XMedian - Washington ST (Ave 48 to Ave 50) 0 30,600 30,600 58 XMedian - Washington St (Ave 50-Ave 52) 0 30,000 30,000 30 XMedian - Washington St (Channel Dr - Hwy 111) 0 1,200 1,200 0 XMedian - Washington St (Hwy 111- Simon Dr) 0 2,350 2,350 3 XMedian - Washington St (Miles Ave - Channel Dr) 0 17,500 17,500 11 XMedian - Washington St (Simon Dr - Ave 47) 0 16,000 16,000 22Median - Washington St (South east corner at Hwy 111) 0 1,400 0 0Perimeter - Acacia (Miles Ave (N Harland Dr/Seeley Dr) 0 38,606 38,606 40 XPerimeter - Adams St West Side (Black Hawk Way-Bayberry Ln) 0 21,415 21,415 40Perimeter - Avenida Nuestra N side (E&W of Washington St) 0 38,910 38,910 33 XPerimeter - Ave 52 /Sinaloa Lot, NS, (Desert Club to Bermudas E&W)0 77,775 77,775 8Perimeter - Cactus Flower (Dune Palms Rd) 0 30,152 30,152 32 XPerimeter - Cactus Flower (Fred Waring Dr) 0 25,652 25,652 35 XPerimeter - Dune Palms (East parkway North trailer pk entrance to 275 ft south)0 26,502 26,502 5Perimeter - Eisenhower Dr west side (Tampico to the Bridge)0 24,600 24,600 14 XPerimeter - Eisenhower Dr east side (Bridge to 750 ' north)0 4,800 4,800 0Perimeter - Inco / Century Homes (Adams St & Miles Ave) MARBELLA0 52,614 52,614 53 XPage 3 of 5
Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanDog Bag StationPerimeter - Jefferson St. E&W sides (Westward Ho to Vista Granda)0 62,600 62,600 159Perimeter - Jefferson St. E side (290 ft South of Ave 50)0 1,050 1,050 7Perimeter - L.Q. Del Oro (Washington St/Via Sevilla)0 20,910 20,910 12 XPerimeter - L.Q. Highlands (Adams St)0 20,430 20,430 16 XPerimeter - L.Q. Highlands (Fred Waring Dr)0 64,895 64,895 50 XPerimeter - Marbella (Miles Ave/Adams St)0 44,266 44,266 34Perimeter - Miles at Seely (240 ft East of Seely)0 6,990 6,990 2Perimeter & Parking Lot (Bermudas & Montezuma) 0 6,000 6,000 52 X XPerimeter - Quinterra (Miles Ave)0 28,520 28,520 29Perimeter - Rancho Ocotillo (Adams St)0 16,704 16,704 33 XPerimeter - Rancho Ocotillo (Fred Waring Dr)0 29,332 29,332 0 XPerimeter - Sports Complex (Ave 50)0 0 9,500 3Perimeter - Topaz (Dune Palms Rd)0 26,040 26,040 35 XPerimeter - Topaz (Miles Ave s/o Bridgette)0 13,208 13,208 37Perimeter - Washington St East Side (Ave 50-Ave 52) 0 27,000 27,000 78Perimeter - Washington St East Side (Sagebrush Ave-600' South) 0 3,600 3,600 15Perimeter - Washington St West Side (100' S of Ave 47-Simon Dr) 0 27,800 27,800 38 XPerimeter - Washington St West Side (Ave 52-Avenida La Fonda) 0 5,000 5,000 9Tecate/Bermudas - south side (Madero to Madrid) 0 20,000 0 0 XEisenhower Dr. (Durango to Tampico) Palms Trees 0 0 0 103Ave Obregon (Chihuahua to Cul-de-sac) Palm Trees 0 0 0 133 Ave Montezuma N & S sides (Eisenhower to Navarro) PalmTrees 0 0 0 80Calle Rondo Channel 415,807 0 415,807Retention Basin - Acacia (Miles/N Harland) 6,184 0 6,184Retention Basin - Cactus Flower #1 (Goldenrod Cir.) 23,258 0 23,258Retention Basin - Cactus Flower #2 (Foxtail Cir.) 9,281 0 9,281Retention Basin - Cactus Flower #3 (Iris Ct.) 31,720 0 31,720Page 4 of 5
Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanDog Bag StationRetention Basin - Cactus Flower #4 (Star Flower) 10,442 0 10,442Retention Basin - Del Rey (Bridgette Way/Desert Stream) 116,335 0 116,335Retention Basin - L.Q. HighlandsRetention Basin - Quinterra #1 (West side) Los Manos Dr. 15,423 0 15,423Retention Basin - Quinterra #2 (East side) Los Manos Dr. 36,000 0 36,000Retention Basin - Rancho Ocotillo #1 (Camino La Cresta) 14,751 0 14,751Retention Basin - Rancho Ocotillo #2 (Ocotillo Dr.) 35,733 0 35,733Retention Basin - Topaz (Desert Stream Dr./Dune Palms Rd.) 99,151 0 95,151Retention Basin - Washington St. (West side, South of Ave 47) 0 30,000 30,000 27Total Combined Projects828,139 2,557,566 3,376,905 3350Page 5 of 5
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Esplanade
Monticello
Wild
FlowerSun
Flower
Jefferson
Square
La Quinta
PalmsRancho
Ocotillo
Quinterra
SonrisaDesert
Flower
La Quinta
Highlands
AcaciaLa Quinta
Del Oro
Palm Royale C.C.
Bella Vista
Starlight
Dunes
Desert Pride
(Reunion)
Marbella
Point
Happy
Estates
Del Rey
Topaz
Aliso Del Rey
Aliso II
Highland
Palms
Rancho La Quinta
Miraflores
Watercolors
Desert Cove
Lake
La Quinta
Hadley
Villas
Hidden Canyon
Laguna De La Paz
Legacy Villas Rancho La Quinta
Talante
Renaissance
Althea
Parc La Quinta
Desert Club
Manor TR 1
Montero
Estates
La Quinta
Golf Estates
La Quinta
Club & Resort
Lago La Quinta
La Quinta
C.C. Estates
Villas of
La Quinta
Haciendas at
La Quinta
The
Seasons
Duna La Quinta
La Quinta
Fairways
Bajada
Painted
Cove
The Citrus
Desert
Club
TR
Unit 5
Estancias Palmilla
Watermark
Villas
Citrus
El Dorado
Gold
Reserve
Mountain View C.C.
La Quinta
Polo Estates
Diamante
La Canterra
Polo
Estates
La Quinta
Polo Estates
Codorniz
The Hideaway
Madison Club
Rancho Santana
Carmela
Griffin Ranch
PGA West
Greg Norman
Monterra
The Estates at
La Quinta
PGA West
Legends
The Village
at the Palms
Capistrano
Piazza
Serena
Andalusia
Trilogy
Palizada
Village at
Coral Mtn.
Stone Creek
Ranch
Coral Mtn
Estates
PGA West
Palo
Verde
Santa
Rosa
Trails
Alta
Verde
Lions
Gate
Santerra
The Quarry
Puerta Azul
PGA West
Residence Club
Silver Rock
Resort
Tradition
Malaga
YMCA
Cove
Oasis
La Quinta
High School
Vista
Dunes
Fire Station #93
Fire Station #70
Fire Station #32
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L a n d s c a p e M a i n t e n a n c e M a p
FRED WARING DR
JEFFERSON STDUNE PALMS RDWASHINGTON STWASHINGTON ST48TH AVENUE
JEFFERSON ST52ND AVENUE
CALLE
TAMPICO
MADISON ST54TH AVENUEMADISON ST58TH AVENUE
Maintenance and Operations Department
Maintenance Division
Contact: Tony Ulloa, Deputy Director
Email: tulloa@laquintca.gov
Direct Tel. (760) 777 - 7026
Public Works/Engineering Department
Engineering Division
GIS Contact: Ubaldo Ayón, Assistant Construction Manager
Email: uayon@laquintaca.gov
Direct Tel. (760) 777-7051
AIRPORT BLVD.
MILES AVENUE
·|}þ1 1 1
·|}þ1 1 1
0 0.25 0.5 0.75 1
MilesADAMS ST.FRED WARING DR
MILES AVENUE
50TH AVENUE
52ND AVENUE
48TH AVENUE
50TH AVENUE
CALLE
TAMPICO
AVENIDA BERMUDASEISENHOWER DRAVENIDAMONT
E
Z
U
M
A
54TH AVENUE
58TH AVENUE
60TH AVENUE
62ND AVENUEMONROE STMONROE STDate: March 27th, 2024
This map is for reference only.
City Limits
Parkways Maintained by HOA or Property Owners
Parkway Maintained by LLD (~90,000ft)
Parkway Maintained by LLD (Wall Adjacent ~36,005ft)
Facilities Maintained by LLD
Retention Basins and Other Areas
Parks and Civic Facilities
CALLE RONDOPARK STCALLE SINALOA DESERTCLUB DRSAGEBRUSH AVECALEO
CALLE TECATE
53RD AVENUE
EISENHOWER DR
47TH AVE
SIMON
DR
SEELEY
DR
AUTO
CTR DR
WESTWARD HO DR
BAYCactus Flower
Mini Park
Adams
Park
Colonel Mitchell Paige
Sports Fields
Pioneer Park
Monticello
Park
Desert Pride
Park
La Quinta
Park
La Quinta
X Park
La Quinta
Sports Complex
Seasons
Park
Civic Center
Campus & Park
Bear Creek
Trail
Fred Wolff
Nature Preserve
Fritz Burns
Park
Cove Trailhead &
Parking LotBear Creek
Trail
Eisenhower
Park
Velasco
Park
SRR Event
Park
Saguaro
Park
¯
Cove Trailhead &
Parking Lot
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, ________________________________________ (name) hereby acknowledge and confirm that
__________________________________ (name of company) has reviewed
the City’s indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City’s Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is awarded.
I am _________________________________ of ______________________________,
(Title) (Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$5,000,000 (per occurrence); $6,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$5,000,000 (per accident)
Personal Auto Declaration Page if applicable
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
ATTACHMENT 3
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark “N/A” under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. SIGNATURE INDICATING RECEIPT