RFQ Park Landscape Maintenance Services - Project 2023-30- CALIFORNIA
REQUEST FOR
QUALIFICATIONS
PROJECT NO: 2023-30
PARK LANDSCAPE MAINTENANCE SERVICES
DUE BY:
Tuesday, May 7, 2024
BY 3 P.M.
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REQUEST FOR QUALIFICATIONS
The City of La Quinta (City) seeks qualifications and proposals from qualified contractors to provide Landscape
Maintenance for Citywide parks, Project No. 2023-30 Park Landscape maintenance services.
A mandatory pre -proposal meeting and walk through is scheduled for Monday, April 15, 2024, at 9:00 a.m.
at La Quinta City Hall, 78495 Calle Tampico, La Quinta, CA 92253.
Project/Services Title: Project No. 2023-30 Park Landscape Maintenance Services
Issue Date: Tuesday, April 2, 2024
DUE DATE: Tuesday, May 7, 2024
Requesting Department: Public Works Maintenance & Operations Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Qualifications and proposals are to be hand delivered or mailed by Tuesday, May 7, 2024, no later than 3:00
pm. All qualifications and proposals 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(a)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 as listed in Requested Services (page 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 (page numbers 1200-11 - 1200-16)
(2) Section 1300; Contract (pages 1 through 6) from Contract filled out completely.
Proposals will be evaluated by the panel based on information submitted and the considering factors listed
below 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.
➢ 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.
Page 1 of 8
➢ Contract Labor Summary.
➢ Facilities, equipment, and on-site evaluations.
➢ The Contractor's references.
➢ Qualifications Summary found on page 6, 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 liable for any costs
incurred by the proposer in connection with the preparation and submittal of the proposal.
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or modifications will be
considered. Proposals received after the due date and time are considered nonresponsive and will be returned
unopened.
3. 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.
4. 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 the purpose 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.
5. 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.
6. 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.
7. NEGOTIATIONS AND FINAL AGREEMENT
The City's Contract is enclosed as Attachment 1 for review prior to submitting a proposal. An agreement will
not be binding or valid with the City unless and until it is executed by authorized representatives of the City
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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.
8. 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.
9. 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.
10.
11.
RFQ TIMELINE
RFQ Issue Date:
Tuesday, April 2, 2024
Mandatory Pre -Proposal Meeting
Monday, April 15, 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
Contract 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
PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
11.1 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.
11.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be released or
retained [California Government Code §6254(a)].
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11.3 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.
12 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.
13 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.
14 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.
15 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.
16 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;
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Commercial General Liability (at least as broad as ISO CG 0001)
$2,000,000 (per occurrence); $4,000,000 (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)
$1,000,000 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
14 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.
15 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.
16 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;
Page 4 of 8
• 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.
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REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified contractors to perform landscape maintenance and
for Citywide parks, Project No 2023-30.
I. PROPOSAL FORMAT
Proposers 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) Taxpayer identification number
(c) Number of years performing landscape maintenance and arboricultural services.
(d) Resumes of the Project Manager and key personnel who will be responsible for performance if
any agreement results 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, address weed control, plant replacement,
tree maintenance, and weekly/monthly strategies to improve the overall appearance of City parks,
adjacent 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) and
a picture of pressure washing equipment to be utilized.
(e) 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.
(f) Certifications: List all certifications that apply to this project held by your company and/or staff,
and how many staff members are certified.
(g) Name, description, and location of the office from which most of the work would be accomplished,
including its size, organization, number of employees, areas of practice and number of years in
operation.
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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 summary of final outcome.
3. Complete Pricing List and 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 in Section 1340, 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. Agreement for Contract 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
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ATTACHMENT 1
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- GEM of the DRSERT —
CONTRACT SPECIFICATIONS
CITY PROJECT NO. 2023-30
PARK LANDSCAPE MAINTENANCE SERVICES
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
Brya McKinney, Pi alp,; Works Director/City Engineer
TABLE OF CONTENTS
PARKS LANDSCAPE MAINTENANCE
PROJECT NO 2023-30
DIVISION 1 - PROPOSAL AND CONTRACT REQUIREMENTS PAGE
1100
Invitation to Propose
1100-1
1110
Instructions to Proposers
1100-3
1200
Contract Documents
1200-1
1205
Examination of Contract Documents
1200-3
1210
Compliance Form
1200-4
1220
Certification of Proposer's Experience and Qualifications
1200-7
1230
Non -Collusion Affidavit
1200-8
1240
Summation — Proposal Form
1200-10
1250
Notice to Contractor
1200-11
1300
Contract
1300-1
1310
Performance Bond
1300-7
1320
Payment Bond
1300-12
1330
Workers' Compensation Insurance Certificate
1300-14
1340
Liability and Insurance Requirements
1300-16
1.0 Indemnification
1300-16
2.0 Insurance Requirements
1300-17
2.1 General
1300-17
2.2 Commercial General Liability Policy
1300-18
2.3 Workers' Compensation Insurance
1300-18
2.4 Business Auto Policy
1300-18
2.5 Excess or Umbrella Liability Insurance
1300-19
2.6 Change in Terms
1300-22
1400
General Conditions
1400-1
1.0 General
1400-1
1.1 Intent of Contract Documents
1400-1
1.2 Discrepancies and Omissions
1400-1
1.3 Headings
1400-2
1.4 Penalty for Collusion
1400-2
1.5 Successors and Assigns
1400-2
1.6 Assignment to City
1400-2
1.7 Rights and Remedies
1400-2
1.8 Definitions
1400-2
2.0 Administration 1400-6
2.1 Administration of the Contract 1400-6
2.2 Maintenance & Operations Superintendent 1400-7
2.3 Consultants 1400-7
3.0 City
1400-7
3.1
General
1400-7
3.2
Attention to Work
1400-8
3.3
Inspection
1400-8
3.4
City's Right to Carry Out the Work
1400-8
3.5
City's Right to Perform Work and to
Award Separate Contracts
1400-8
4.0 Contractor
1400-9
4.1 Office
1400-9
4.2 Contractor's Representative
1400-9
4.3 Project Procedures
1400-9
4.4 Contractor's Employees
1400-9
4.5 Subcontractors
1400-10
4.6 Contractor's Equipment and Facilities
1400-10
4.7 Public Safety and Convenience
1400-10
4.8 City -Contractor Coordination
1400-10
4.9 Permits
1400-11
4.10 Contractor's Responsibility for the Work
and Material
1400-12
4.11 Laws to be Observed
1400-12
4.12 Safety
1400-14
5.0 Control of Work and Material
1400-15
5.1
Means and Method
1400-15
5.2
City -Furnished Materials
1400-16
5.3
Defective and Unauthorized Work
1400-16
5.4
Unnoticed Defects
1400-16
5.5
Right to Retain Imperfect Work
1400-16
6.0 Progress of the Work
1400-17
6.1
Beginning of Work
1400-17
6.2
Time of Completion
1400-17
6.3
Delays
1400-17
6.4
Temporary Suspension of Work
1400-18
6.5
Termination of Contract
1400-18
7.0 Changes in Scope of Work 1400-19
7.1 Change Orders 1400-19
7.2 Differing Site Conditions 1400-20
7.3 Resolution of Disputes 1400-20
8.0 Project Modifications Procedures 1400-24
8.1 Changes in Contract Price 1400-24
8.2 Negotiated Change Orders 1400-24
8.3 Force Account Payment 1400-26
9.0 Payment
1400-28
9.1
Scope of Payment
1400-28
9.2
Partial Payments
1400-29
9.3
Partial Payments - Inclusion of Material on Hand
1400-30
9.4
Right to Withhold Amounts
1400-30
9.5
Warranty of Title
1400-31
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
2000 General
2000-1
1.0
Contract Location
2000-1
2.0
Contract Items
2000-1
3.0
Permits and Licenses
2000-1
4.0
Workman's Compensation Coverage
2000-1
5.0
Insurance Compliance Requirements
2000-1
6.0
Working Hours
2000-2
7.0
Holidays
2000-2
8.0
Performance Deficiencies and Reduction in Payment
2000-2
9.0
Termination
2000-3
9.1 Termination Prior to Expiration of Term
2000-3
9.2 Termination for Default of Contractor
2000-3
9.3 Attorneys' Fees
2000-4
10.0
Labor Charges
2000-4
11.0
Damages
2000-4
12.0
Materials
2000-4
13.0
Water
2000-5
14.0
Acceptance
2000-5
15.0
Complaints Received by the City
2000-5
16.0
Communications
2000-5
17.0
Contractor's Employees
2000-6
18.0
Quality Control/Quality Assurance
2000-6
18.1 Quality Control
2000-6
18.2 Supervision and Manpower Allocation
2000-7
18.3 Safety
2000-7
18.4 Weekly Maintenance Schedule
2000-7
18.5 Authorization
2000-7
18.6 Landfill Diversion
2000-7
19.0
Landscape Maintenance Equipment Inventory
2000-8
20.0
Special Requests
2000-10
21.0
Project Inspections
2000-10
Im
22.0
Safety
2000-10
23.0
Traffic Control
2000-11
24.0
City's Right To Do Work
2000-11
25.0
Cooperation/Collateral Work
2000-11
26.0
Protection of Property During Inclement Weather
2000-11
27.0
Protection of Existing Facilities and Structures
2000-11
28.0
City Liaison
2000-12
29.0
Method of Payment
2000-12
30.0
Work Not Included
2000-12
31.0
Contractor Neglect
2000-12
32.0
Sound Control Requirements
2000-12
33.0
Administration
2000-13
DIVISION 3 - SPECIFIC PROJECT REQUIREMENTS
SECTION 3000
1.0
Scope of Work
3000-1
2.0
Scheduling of Work
3000-1
3.0
Services to be Performed
3000-1
3.1 General
3000-1
3.2 Trash Collection, Cleaning, and Maintenance
3000-1
3.3 Fertilizing of Turf
3000-2
3.4 Weeding
3000-3
3.5 Mowing
3000-3
3.6 Vegetation Maintenance
3000-4
3.7 Pest Control of Plant Material
3000-7
3.8 Drainage Facilities
3000-10
3.9 Fertilization
3000-10
3.10 Plant Additions and/or Replacements
3000-11
3.11 Clean -Up
3000-11
4.0
Sprinkler Maintenance Details
3000-11
5.0
Weed Control of Paved Surfaces
3000-17
6.0
Guarantee and/or Replacement Policy
3000-17
7.0
Turfgrass
3000-17
8.0
Facility Maintenance
3000-19
8.1 Landfill Diversion
3000-21
iv
SECTION 5000- Fertilization Schedule
5000-1
SECTION 6000- Periodic Services 6000-1
1.0 Services Due December— February
6000-1
2.0 Services Due March — May
6000-1
3.0 Services Due June — August
6000-2
4.0 Services Due September— November
6000-2
SECTION 7000— Pruning and Training Quality Standards
7000-1
SECTION 8000— Reports and Schedules
8000-1
Form 1 — Performance Deficiency Deduction
8000-2
Form 2 — Landfill Diversion Report Form
8000-3
Form 3 — Weekly Maintenance Schedule
8000-4
Appendix - Parks and Civic Facilities Details
Appendix - Retention Basins/Other Areas Details
1,
THIS PAGE INTENTIONALLY LEFT BLANK
vi
SECTION 1100
INVITATION TO PROPOSE
PARK LANDSCAPE MAINTENANCE SERVICES
PROJECT NO. 2023-30
SEALED REQUESTS FOR QUALIFICATIONS will be received by the City of La Quinta (City)
located at 78495 Calle Tampico, La Quinta, California, 92253, until 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 landscape maintenance duties for the parks, retention basins, civic facilities,
and arboricultural services. The work involved is in the Park Landscape
Maintenance Services consisting of maintenance and repair of all plant material,
ground cover, irrigation, and cleaning of all park facilities excluding building interiors.
A listing of sites for each landscape maintenance area of responsibility has been
included in the Appendix section of this Specification and Request for Qualifications.
A mandatory pre -proposal meeting is scheduled for Monday, April 15, 2024, at 9 a.m. in the
La Quinta City Hall Study Session Room located at 78495 Calle Tampico, La Quinta, CA
92253.
IMPORTANT: It is the responsibility of the proposer to check the City's website for any changes or
questions submitted prior to Wednesday, April 24, 2024.
Proposal procedures are prescribed in the specifications. Proposals shall be executed on the forms
bound and made a part of said Specifications. The City reserves the right to reject any or all
proposals, and to waive any irregularities in the proposals.
All proposers shall be licensed under the provisions of Chapter 9, Division 3 of the Business and
Professions Code of the State of California to do the type of work contemplated in the project. In
accordance with provisions of California Public Contract Code Section 3300, the City has
determined that the Contractor shall possess a valid Class C-27 (Landscaping Contractor)
License at the time that the proposal is submitted. Failure to possess the specified license(s) shall
render the proposal as non-responsive. Additionally, the Contractor will also qualify themselves at
the time of PROPOSAL SUBMISSION by providing at least one staff member who has a State
Pesticide Applicators License (QAL), a staff memberwho is a Certified Arborist, a staff member
who is certified in the Operation of Maxicom and IQ systems, and a staff member who is a
Certified Landscape Irrigation Auditor (CLIA).
This project is subject to Prevailing Wage. The Contractor shall not knowingly pay less than the
general prevailing rate for per diem wages, as determined by the State of California Department of
Industrial Relations and referred to in the Invitation to Proposal, to any workman employed for the
work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the
sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman
paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777,
Labor Code of California).
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.
Invitation to Proposal 1100-1
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the Department
of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find
additional information for registering at the Department of Industrial Relations website at
http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771. 1, no contractor or subcontractor may be listed on a proposal
for a public works project submitted on or after March 1, 2015 unless registered with the
Department of Industrial Relations. Furthermore, all proposers and contractors are hereby notified
that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public
work on a public works project unless registered with the Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is subject
to compliance monitoring and enforcement by the Department of Industrial Relations.
The successful proposer will be required to furnish a Performance Bond in the amount equal to
one hundred percent (100%) and a Payment bond in the amount equal to twenty-five percent (25%)
of the Contract Annual amount.
Proposal forms received after the designated time will not be accepted. No proposer may withdraw
its proposal for a period of sixty (60) days after the date set for the opening of proposals.
Proposals shall be submitted only in a sealed envelope.
Approved By: " xk_'�
Bryan N$Kinney, Publ' orks Director/City Engineer
Date. April 2, 2024
Invitation to Proposal 1100-2
SECTION 1110
INSTRUCTIONS TO PROPOSERS
1.0 WORK TO BE DONE
It is the intention of the City to maintain the parks, adjacent 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 forthe
perpetual maintenance of park landscape areas and irrigation systems within the Park Maintenance
Landscape Services. The Contractor shall be required to provide, at its own cost and expense, all
necessary insurance, as required by law or these specifications, and shall pay the cost and
expense of any and all incidental matters herein required.
2.0 EXAMINATION OF CONTRACT DOCUMENTS
Each proposer shall thoroughly examine and be familiar with the Contract documents contained in
the Project Manual, drawings and addenda, if any. The submission of a proposal shall constitute an
acknowledgment upon which the City may rely that the proposer has thoroughly examined and is
familiar with the Contract documents. The failure or neglect of a proposer to receive or examine any
of the Contract documents shall in no way relieve him from any obligation with respect to its
proposal or to the Contract. No claim for additional compensation will be allowed which is based
upon a lack of knowledge of any Contract documents.
3.0 INSPECTION OF SITES
Proposers are required to inspect all sites (i.e., parks, retention basins, and facilities) to satisfy
themselves by personal examination, or, by such other means, as they may prefer, of the locations
of the proposed work and of the actual conditions of and at the sites of work. If during the course of
its examination, a proposer finds facts or conditions that appear to be in conflict with the letter or
spirit of the proposal documents, the proposer may apply to the City, in writing, for additional
information and explanation before submitting its proposal.
Submission of a proposal by the proposer shall constitute acknowledgment that if awarded the
Contract; is relying on its own examination of the following:
A. All sites of the work;
B. Access to the sites; and
C. All other data and matters requisite to the fulfillment of the work and on its own
knowledge of existing facilities on and in the vicinity of the sites of the work to be
maintained under the Contract.
The information provided by the City is not intended to be a substitute for, or a supplement to the
independent verification by the proposer to the extent such independent investigation of site
conditions is deemed necessary or desirable by the proposer.
1100-3
4.0 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any proposer as to the meaning of the
Contract documents. Requests for an interpretation shall be made in writing and delivered to the
following address at least five (5) days before the proposal opening:
Dianne Hansen, M&O Superintendent
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Requests to clarify the source of materials, equipment, suppliers or any other such matters which
does not modify, change, increase, or decrease the scope of work that requires no action by the
City other than a response to the proposer requesting the clarification. Requests to clarify possible
ambiguous or incomplete statements or designs, or any other such clarification, which modifies,
changes, 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 in this manual and must be submitted at the time and
place stated in the Invitation to Proposal. All blanks in the proposal forms must be appropriately
filled in, and all prices must be stated in figures. Work and cost proposals must be submitted in
separate sealed envelopes. It is the sole responsibility of the proposer to see that its submittal was
received in proper time. Any proposal received after the scheduled closing time for receipt of
proposals shall not be considered. City shall not be responsible for errors or omissions in the
proposal.
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
1100-4
one of the joint venture firms shall sign the proposal. Additionally, the proposal shall include a copy
of the resolution or agreement empowering the representative to execute the proposal and bind the
joint venture.
9.0 ERASURES
The proposal submitted must not contain any erasure, interlineations, or other corrections unless
each such correction is suitably authenticated by affixing in the margin immediately opposite the
correction the signature or signatures of the person or persons submitting the proposal.
10.0 PROPOSAL IRREGULARITIES
Changes in or additions, alternate proposals, or any other modifications of the proposal form which
is not specifically called for in the Contract Documents may result in rejection of the proposal by the
City, as non-responsive. No oral or telephonic modification of any proposal submitted will be
considered.
11.0 MODIFICATION OF PROPOSAL
Modification of a proposal already received will be considered only if the modification is received
prior to the time established for receiving proposals. Modifications shall be made in writing,
executed, and submitted in the same form and manner as the original proposal.
12.0 WITHDRAWAL OF PROPOSALS
In accordance with Public Contract Code 5103, within five days after the opening of proposals, a
proposer may withdraw its proposal providing the proposer can establish to the City's satisfaction
that a mistake was made in preparing the proposal. A proposer desiring to withdraw shall give
written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made
the proposal materially different than it was intended to be. Withdrawal will not be permitted for
mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in
reading the Project Documents.
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 proposals, and shall be made a
part of the Contract. Each proposal shall include specific acknowledgment in the space provided of
receipt of all Addenda issued during the proposing period. Failure to acknowledge may result in the
proposal being rejected as non-responsive. Failure of any proposer to receive such Addenda shall
not be grounds for non-compliance with the terms of the instructions. Addenda will be posted on the
City's website. The contractor is responsible to check the website for any additional Addenda.
14.0 PROPOSAL PRICES
Proposal prices shall include everything necessary for the completion of the work including but not
limited to providing the materials, equipment, tools, plants, and other facilities, and the
management, superintendence, labor and services. Proposal prices shall include allowance for all
federal, state and local taxes.
In the event of a difference between a price quoted in words and a price quoted in figures for the
same quotation, the words shall be the amount proposal. In the event that the product of a unit price
and an estimated quantity does not equal the extended amount quoted, the unit price shall govern,
and the correct product of the unit price and the estimated quantity shall be deemed the amount
1100-5
proposal. If the sum of two or more items in a proposed schedule does not equal the total amount
quoted, the individual item amounts shall govern, and the correct total shall be deemed the amount
proposal.
15.0 BONDS
The Successful Proposer shall execute and submit a Performance Bond in the amount of One
Hundred percent (100%) of the contract price, and a Payment Bond in the amount of Twenty-five
percent (25%) of the contract price. All bonds required under these specifications must be on the
City's forms contained in the contract documents. Binds shall be provided by a company admitted
as Surety in the State of California, as defined in Code of Civil Procedure Section 995.120 in the
event the contract is extended, a new Payment Bond and Performance Bond are required.
Bonds required under these specifications and Civil Code section 9100 et seq shall be provided by
a company admitted as Surety in the Sate of California and shall; in addition, to the bind form
provide all information as follows:
a. The original, or a certified wet copy, of the un -revoked appointment, power of attorney,
bylaws, or other instrument entitling or authorizing the person who executed the bond to do
so, within ten (10) calendar days of the insurer's receipt of a request to submit the
instrument.
16.0 QUALIFICATION OF PROPOSER
Each proposer shall complete and submit with their proposal Section 1220, CERTIFICATION OF
PROPOSER'S EXPERIENCE AND QUALIFICATIONS.
17.0 PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL
No person, firm, or corporation, under the same or different name, shall make, file, or be interested
in more than one proposal for the same work unless alternate proposals are called for.
The City may reject the proposals of the known participants in such collusion. Pursuant to Public
Contract Code Section 7106, proposers shall execute and furnish with their proposals Section 1250,
NON -COLLUSION AFFIDAVIT.
18.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Sections 4551 and 4552 of the California Government Code, in submitting a
proposal to the City, the proposer offers and agrees that if the proposal is accepted it will assign to
the City, all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with
Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, materials, or services by the proposer for sale to the City pursuant to the
proposal. Such assignment shall be made and become effective at the time the City tenders final
payment to the proposer.
19.0 ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof,
or of funds to be received there under by the Contractor, will be recognized by City unless such
assignment has had prior approval of City and the Surety has been given due notice of such
assignment in writing and has consented thereto in writing.
1100-6
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, orwhich is from a proposerwho
has previously failed on a contract of any nature to perform properly or to complete it on time. The
City also reserves the right to waive proposal irregularities.
21.0 CONTRACT AND BONDS
The successful proposer, simultaneously, with the execution of the Contract, will be required to
furnish a Performance Bond in the amount equal to one -hundred percent (100%) and a Payment
bond in the amount equal to twenty-five percent (25%) of the Contract Annual amount, and the
WORKER'S COMPENSATION INSURANCE CERTIFICATE in Section 1330. Said bonds shall be
secured from a surety company satisfactory to City.
The form of Agreement, as provided in Section 1300, which the successful proposer, as Contractor,
will be required to execute, and the forms of bonds as provided in Sections 1310 and 1320, which it
will be required to furnish, shall be carefully examined by the proposer.
22.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the proposals, the City will act either to accept a
proposal, to reject all proposals or, with the consent of the proposers and their sureties, to extend
the time in which the City may act. The acceptance of a proposal will be evidenced by a notice of
award of Contract in writing, delivered in person or by certified mail to the proposer whose proposal
is accepted. No other act of City will constitute acceptance of a proposal. The award of Contract
shall obligate the proposer whose proposal is accepted to furnish a payment bond and evidences of
insurance, and to execute the Agreement in the form set forth in the Contract documents.
23.0 EXECUTION OF CONTRACT
The Contract shall be executed by the successful proposer and returned, together with the contract
bonds and evidence of insurance, within ten (10) days after receiving written notice of the award of
the Contract. Time is of the essence in this regard. After execution by City, one copy shall be
returned to Contractor.
24.0 FAILURE TO ACCEPT CONTRACT
If the proposer to whom the award is made fails to enter into the contract, the award will be
annulled, an award may be made to the next lowest responsible 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.
1100-7
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.
In the event that the successful proposer is experiencing a labor action at the time of the award of
the proposal (or if its suppliers or subcontractors are experiencing such a labor action), the City
reserves the right to declare said proposer is no longer the lowest responsible proposer and accept
the next acceptable low proposal from a proposer that is not experiencing a labor action, and
declare it to be the lowest responsible proposer.
28.0 BUSINESS LICENSE
All proposers shall be aware of the City's Business License Ordinance, which requires that a
Business License is obtained before any business, trade, profession, enterprise, establishment,
occupation, or calling is conducted within the City. A Business License is required when business is
conducted in the City even when the principal location of the business may be outside of the City or
a Business License is only evidence of the fact that the fee has been paid; it does not sanction or
approve any operation not otherwise permitted. Verification that the proposer has a valid City of La
Quinta Business License will be obtained by City prior to the execution of the purchase contract.
29.0 DEFINITIONS
Whenever these words occur in this specification, they shall have the following meaning:
A. Specification: Proposal, Instructions to Proposers, General Information, General
Requirements, Specific Requirements, and any supplements, drawings, sketches, and
data sheets, attached or referenced, comprise the complete specification.
B. Com: 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. Prosect 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.
G. Parks M&O Superintendent: The person designated as the project representative for
administration of the parks landscape maintenance contract. (Dianne Hansen., M&O
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.
1100-8
Contractor Control: Conditions or events that are reasonably within the Contractor's
ability to guide or manage.
K. City Representative: The person(s) designated by the City as the project
representative for administration of compliance of this specification by the Contractor.
L. Daily: Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday.
M. Holidays: Those holidays observed by the City.
30.0 DILIGENT PERFORMANCE OF WORK
If, in the opinion of the City representative or City Inspector, the labor furnished by the Contractor is
incompetent, unskilled, or unreliable, his equipment inadequate, improper, or unsafe, or if the
Contractor shall fail to continuously and diligently execute the work, the City shall, in writing, instruct
the Contractor to remove all such causes of complaint and the Contractor shall promptly comply.
31.0 DISCREPANCIES, OMISSIONS, AND CLARIFICATIONS
After executing the agreement, no consideration will be given to any claim or misunderstanding of
the documents or alleged unfamiliarity of the site conditions affecting the work. Should a proposer
discover discrepancies or omissions in the Specifications and/or should he be in doubt as to their
meaning, he shall at once notify the City who will issue a written clarification or supplementary
information by an addendum. Request for clarification must be made to the City not later than five
(5) working days prior to the date of submission of proposals. Clarifications of a technical nature
should be made by telephone to:
Dianne Hansen, M&O Superintendent
PHONE: (760) 777-7117
EMAIL: dhansen(a)-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. 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.
1100-9
End of Section 1100
1100-10
SECTION 1200
CONTRACT DOCUMENTS
07-01114
The undersigned, as proposer, declares that we have received and examined the Contract
Documents entitled Park Landscape Maintenance Services, for the City of La Quinta,
Project No. 2023-30 and will contract with the City, on the form of Agreement provided herewith, to
do everything required for the fulfillment of the contract for said work at the prices and on the terms
and conditions herein contained.
We have included the following items and agree that they shall form a part of this proposal:
SECTION
TITLE
1200
Contract Documents
1205
Examination of Contract Documents
1210
Compliance Form
1220
Certification of Proposer's Experience and Qualifications
1230
Non -Collusion Affidavit
1240
Summation - Proposal Form
1250
Notice to Contractor
We acknowledge that the following addenda/s have been received and have been examined as part
of the Contract Documents.
Addendum # Date Received Initials
Name of Proposer
Date
Proposer Telephone Number Email Address
1200-1
If our proposal is accepted, we agree to sign the agreement without reservations and to furnish the
performance bond and payment bond and the required evidences of insurance within ten (10)
calendar days after receiving written notice of the award of the Contract.
We further agree, if our proposal is accepted, and a contract for performance of the work is entered
into with the City, to plan work and to execute it with such diligence that the work shall be completed
within the time stipulated.
Company Name
Address of Proposer
State of Incorporation
Department of Industrial Relations No
Signature of Proposer
Witness
Owner's Representative
Contractor's License No.
License Expiration Date
Telephone Number
Title of Signatory
Title of Witness
1200-2
SECTION 1205
EXAMINATION OF CONTRACT DOCUMENTS
PARK LANDSCAPE MAINTENANCE SERVICES
PROJECT NO. 2023-30
Proposal to the City of La Quinta,
In compliance with the Advertisement for Proposals, the undersigned Contractor:
Has examined the contract documents, site of work, and being familiar with the conditions to be
met, hereby submits the following Proposal for furnishing the material, equipment, labor, and
everything necessary for the completion of the work listed and agrees to execute the contract
documents and furnish the required bonds and certificates of insurance for the completion of said
work, at the locations and for the prices set forth on the inside pages of this form.
Understands that services of this project shall be in accordance with all applicable specifications in
this document.
Agrees that, upon receipt of a Notice of Award, from the City, the contractor will execute the
contract documents.
Work shall be completed within one (1) year (twelve [12] months), by June 30, 2025, beginning on
July 1, 2024 as specified in the Notice to Proceed.
Name of Proposer Date
1200-3
1200-4
SECTION 1210
COMPLIANCE FORM
AGREEMENT FOR CONTRACT SERVICES
PARK LANDSCAPE MAINTENANCE SERVICES
PROJECT NO. 2023-30
Read and initial one of the paragraphs below, then sign at the bottom.
I have read and understand the conditions of the Contract Services Agreement for the Park
Landscape Maintenance services. If I am selected to perform landscape maintenance services for
the City, I am willing and able to comply with all contract documents.
I have read and understand the conditions of the Contract Services Agreement for Park
Landscape Maintenance services but am not able commit to all of the conditions required. Below
are the portions I contest. Changing the described items would enable me to comply. (If you need
more space please attach more pages and fill in the number of sheets at the bottom of the page.
Any requested changes to the Contract Services Agreement must be approved by the City
Attorney.)
Print Name Signature Date
1200-5
1200-6
SECTION 1220
CERTIFICATION OF PROPOSER'S
EXPERIENCE AND QUALIFICATIONS
The undersigned Proposer certifies that he is, at the time of proposing, and shall be, throughout the
period of the Contract, licensed under the provisions of Chapter 9, Division 3, of the Business and
Professions Code of the State of California, to do the type of work contemplated in the Contract
Documents. Proposer shall further certify that it is skilled and regularly engaged in the general class
and type of work called for in the Contract Documents.
The Proposer represents that it is competent, knowledgeable, and has special skills on the nature,
extent, and inherent conditions of the work to be performed. Proposer further acknowledges that
there are certain peculiar and inherent conditions existent in the maintenance of the particular
facilities, which may create, during the landscape contract, unusual or peculiar unsafe conditions
hazardous to 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 work with respect to such hazards.
The Proposer shall list below three (3) contracts completed in the last seven (7) years of similar size
and complexity that indicate the Proposer's experience as a Landscape Maintenance Contractor.
The projects must be similar in scope of work (i.e. commercial and/or municipal). Please indicate on
additional paper if a quality control program was implemented, and managed, as part of the work
efforts, and if written proof of the quality control program can be provided to the City of La Quinta
prior to the award of proposal for this previous assignment.
A. Project Name:
Owner:
Contract Amount: $
Contract Time: Calendar Days
Owner's Representative: Owner's Telephone No:
Duration of Contract: Years from to
Prevailing Wage: _Yes _ No
B. Project Name:
Owner:
Contract Amount: $
Owner's Representative:
Contract Time: Calendar Days
Duration of Contract: Years from
Prevailing Wage: _Yes _ No
Owner's Telephone No:
to
1200-7
C. Project Name:
Owner:
Contract Amount: $
Contract Time: Calendar Days
Owner's Representative: Owner's Telephone No:
Duration of Contract: Years from
Prevailing Wage: _Yes _ No
Signed this day of
Name of Proposer
Address of Proposer
Signature of Proposer
to
2019.
Contractor's License No.
License Expiration Date
DIR Number (Prevailing Wage)
Title of Signatory
1200-8
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 says that
he/she is of ,the party making
the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly
induced or solicited any other proposer to put in a false or sham proposal, and has not directly or
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 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 of any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, proposal depository, or to any member of agent
thereof to effectuate a collusive or sham proposal.
Signature
Name of Proposer
Title
Date
1200-10
1200-11
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION — PROPOSAL FORM
PARKS AND CIVIC FACILITIES
TOTAL BASE PROPOSAL FOR PARKS AND CIVIC FACILITIES:
IN WORDS)
1200-12
Park Facility
Unit Price
Annual Price
1
Adams Park
2
Bear Creek Trail
3
North Bear Creek Trail Head
4
Nature Preserve (Ensenada to Tecate)
5
Civic Center Campus: Park
City Hall
Library
Wellness Center
La Fonda Open Area
Tampico
6
Colonel Mitchell Paige Middle School Sports Fields
7
Cove Oasis: Trailhead
8
Entryway (corner of Calle Tecate and Avenida Madero)
9
Parking Lots (at Calle Tecate & Avenida Bermudas)
10
Desert Pride Park
11
Eisenhower Park Mini Park
12
Fred Wolff Nature Preserve
13
Fritz Burns Park and Dog Park
14
La Quinta Park
15
Monticello Park (excluding Retention Basin)
16
Museum
17
Lumber Yard
18
Pioneer Park and Dog Park
19
Saguaro Park
20
Seasons Dog park
21
Sports Complex
22
Velasco Mini Park
23
X -Park
Total Combined Projects
TOTAL BASE PROPOSAL FOR PARKS AND CIVIC FACILITIES:
IN WORDS)
1200-12
1200-13
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION — PROPOSAL FORM
RETENTION BASINS/OTHER AREAS
TOTAL BASE PROPOSAL FOR RETENTION BASINS AND OTHER AREAS:
IN WORDS)
1200-14
Retention Basins/Other Areas
Unit Price
Annual Price
1
Youth Center (YMCA)
(Moon River Dr. and Ave. 50)
2
Perimeter — Moon River east side LS
West side trees
(North of Ave 50)
3
Retention Basin — Adams Park
(44425 Adams Street)
4
Retention Basin — Seasons
(Cloud View Way)
Total Combined Projects:
TOTAL BASE PROPOSAL FOR RETENTION BASINS AND OTHER AREAS:
IN WORDS)
1200-14
SUMMATION — PROPOSAL FORM
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
COMBINED PARKS AND CIVIC FACILITIES AND RETENTION BASINS
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
PARKS AND CIVIC FACILITIES
LS
23
2
RETENTION BASINS/OTHER
AREAS
LS
4
TOTAL
TOTAL COMBINED BASE PROPOSAL ITEMS:
(IN WORDS)
A. Initial Annual Contract Period will be for one year (12 months) or until June 30, 2025.
B. The City may elect to exercise an extension to renew this contract for six additional one-year
terms with a ninety -day notice, on a year-to-year basis, contingent upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per year to the above listed contract amount based
on the Local 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 on City property and/or within other maintenance areas for parks,
Facilities and/or Landscape & Lighting Assessment District 89-1.
1200-15
TO:
SECTION 1250
NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT
(Name of Contractor)
YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of La Quinta
(hereinafter referred to as "City") for the landscape maintenance services designated as:
PARK LANDSCAPE MAINTENANCE SERVICES
PROJECT N0. 2023-30
(hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The
Contract for said work is on file in the office of the City Clerk, and further, you are hereby required
within fifteen days (15 days) after this Notice to enter into a contract with said City for the doing of
said work and to furnish a Performance Bond in the amount equal to one -hundred percent (100%)
and a Payment Bond, as required by law, in a sum of twenty-five percent (25%) of the contract
price.
DATED this day of 2024.
Monika Radeva, CITY CLERK
CITY OF LA QUINTA
STATE OF CALIFORNIA
1200-16
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."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services to perform Project No. 2023-30, Park Landscape Maintenance Services and
On -Call Landscape Maintenance Services in the City of La Quinta, California pursuant to the
Request For Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which
documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting
Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Propose shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the Requests for Qualifications and Proposals.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Parks M&O 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 Parks M&O Superintendent at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ .00). All payments shall be
subject to approval by the Parks M&O Superintendent and shall be in accordance with the
terms, conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial Relations and referred
to in the Invitation to Propose, to any workman employed for the work to be performed under
this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five
Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by
any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of
California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the California
Department of Industrial Relations' Internet website at http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the
Department of Industrial Relations at the time the contract is awarded. Contractors and
Contract 1300-1
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid
proposal for a public works project submitted on or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby
notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract
for public work on a public works project unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a
surety satisfactory to City, as provided in said Specifications or Invitation to Propose, the cost of
which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
persons or damage to property, including property owned by or under the care and custody of
City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by
any negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the premises by Contractor, its officers, agents,
employees, or subcontractors;
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
Contract 1300-2
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,
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
Contract 1300-3
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 proposals for public projects for a period of six months in addition to
other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
Contract 1300-4
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 1300-5
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:
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
Name:
Address:
By:
Jon McMillen, City Manager
Dated:
Dated:
"CONTRACTOR"
(If corporation, affix seal)
By:
Signature
Title:
Street Address City State Zip Code
E-mail:
Dated: By:
Signature
Name:
Address:
Title:
Street Address City State
E-mail:
Zip Code
Contract 1300-6
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."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services to perform Project No. 2023-30, Park Landscape Maintenance Services and
On -Call Landscape Maintenance Services in the City of La Quinta, California pursuant to the
Request For Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which
documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting
Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Propose shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the Requests for Qualifications and Proposals.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Parks M&O 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 Parks M&O Superintendent at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ .00). All payments shall be
subject to approval by the Parks M&O Superintendent and shall be in accordance with the
terms, conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial Relations and referred
to in the Invitation to Propose, to any workman employed for the work to be performed under
this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five
Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by
any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of
California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the California
Department of Industrial Relations' Internet website at http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the
Department of Industrial Relations at the time the contract is awarded. Contractors and
Contract 1300-1
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid
proposal for a public works project submitted on or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby
notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract
for public work on a public works project unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a
surety satisfactory to City, as provided in said Specifications or Invitation to Propose, the cost of
which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
persons or damage to property, including property owned by or under the care and custody of
City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by
any negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the premises by Contractor, its officers, agents,
employees, or subcontractors;
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
Contract 1300-2
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,
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
Contract 1300-3
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 proposals for public projects for a period of six months in addition to
other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
Contract 1300-4
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 1300-5
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:
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
Name:
Address:
By:
Jon McMillen, City Manager
Dated:
Dated:
"CONTRACTOR"
(If corporation, affix seal)
By:
Signature
Title:
Street Address City State Zip Code
E-mail:
Dated: By:
Signature
Name:
Address:
Title:
Street Address City State
E-mail:
Zip Code
Contract 1300-6
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 2023-30 Park Landscape Maintenance
Services (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:
Performance Bond 1300-7
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a proposal or proposals for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible proposer, arrange for a Contract between such
proposer, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term "balance
of the contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the
Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the cost
of completion of the Project, less the balance of the contract price, including other costs
and damages for which Surety may be liable. The term "balance of the contract price"
as used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a
proposal from Contractor for completion of the Project if the City, when declaring the Contractor
in default, notifies Surety of the City's objection to Contractor's further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
12024).
(Corporate Seal)
Contractor/ Principal
Title
Performance Bond 1300-8
(Corporate Seal)
Surety
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)
The rate of premium on this bond is
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)
Title
per thousand. The total amount of premium
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Performance Bond 1300-9
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/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Performance Bond 1300-10
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/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
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.
Performance Bond 1300-11
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 City Project No. 2023-30, Park
Landscape Maintenance Services.
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond
will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and , as Surety,
are held and firmly bound unto the City in the just and full amount of
DOLLARS ($ )
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs,
executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions,
or other supplies used in, upon, for, or about the performance of the work contracted to be
done, or for any work or labor thereon of any kind or for amount due under the Unemployment
Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld
pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with
respect to such work or labor, then said surety will pay the same in or to an amount not
exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this
bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
named in Section 3181 of the Civil Code of the State of California so as to give a right of action
to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition of the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations of this bond, and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
Payment Bond 1300-12
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
Payment Bond 1300-13
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the
Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Signature
Title
Date
Workers Compensation Insurance Certificate 1300-14
THIS PAGE INTENTIONALLY LEFT BLANK
Workers Compensation Insurance Certificate 1300-15
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 2023-30 Park Landscape Maintenance
Services (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:
Performance Bond 1300-7
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a proposal or proposals for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible proposer, arrange for a Contract between such
proposer, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term "balance
of the contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the
Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the cost
of completion of the Project, less the balance of the contract price, including other costs
and damages for which Surety may be liable. The term "balance of the contract price"
as used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a
proposal from Contractor for completion of the Project if the City, when declaring the Contractor
in default, notifies Surety of the City's objection to Contractor's further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
12024).
(Corporate Seal)
Contractor/ Principal
Title
Performance Bond 1300-8
(Corporate Seal)
Surety
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)
The rate of premium on this bond is
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)
Title
per thousand. The total amount of premium
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Performance Bond 1300-9
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/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Performance Bond 1300-10
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/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
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.
Performance Bond 1300-11
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 City Project No. 2023-30, Park
Landscape Maintenance Services.
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond
will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and , as Surety,
are held and firmly bound unto the City in the just and full amount of
DOLLARS ($ )
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs,
executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions,
or other supplies used in, upon, for, or about the performance of the work contracted to be
done, or for any work or labor thereon of any kind or for amount due under the Unemployment
Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld
pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with
respect to such work or labor, then said surety will pay the same in or to an amount not
exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this
bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
named in Section 3181 of the Civil Code of the State of California so as to give a right of action
to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition of the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations of this bond, and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
Payment Bond 1300-12
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
Payment Bond 1300-13
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the
Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Signature
Title
Date
Workers Compensation Insurance Certificate 1300-14
THIS PAGE INTENTIONALLY LEFT BLANK
Workers Compensation Insurance Certificate 1300-15
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
Liability and Insurance Requirements 1300-16
to have been actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of Contractor
and shall survive the termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable
for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, it will be amended to do so. Contractor acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Contract and which is applicable to a given loss, will be available to
City.
Contractor shall submit coverage verification for review and approval by the City upon execution
of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor
shall not commence work, until such insurance has been approved by the City. The Contractor
shall not allow any subcontractors to commence work on its subcontract until all similar
insurance required of the subcontractor has been obtained and verified by Contractor. Such
insurance shall remain in full force and effect at all times during the prosecution of the Work and
until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as
required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Liability and Insurance Requirements 1300-17
Contractor shall provide the following types and amounts of insurance:
2.2 Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office "Commercial General
Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to
limits. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence for all
covered losses and no less than Four Million Dollars ($4,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy
coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard (X CU).
b. Products and Completed Operations.
C. Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or
others involved in the project. Policy shall be endorsed to provide a separate limit applicable to
this project.
2.3 Workers' Compensation Insurance
Workers' Compensation on a state -approved policy form providing statutory benefits as required
by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.
2.4 Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including
symbol 1 (Any Auto) or the equivalent. Limits shall be no less than $1,000,000 per accident,
combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a
non -owned auto endorsement to the general liability policy described above.
2.5 Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverage. Any such
coverage provided under an umbrella liability policy shall include a drop-down provision
providing primary coverage for liability not covered by primary but covered by the umbrella.
Self-insured retentions are not permitted. Coverage shall be provided on a "pay on behalf'
basis, with defense costs payable in addition to policy limits. There shall be no cross -liability
exclusion precluding coverage for claims or suits by one insured against another. Coverage
shall be applicable to City for injury to employees of Contractor, subcontractors or others
involved in the Work. The scope of coverage provided is subject to approval of City following
receipt of proof of insurance as required herein. Limits are subject to review but in no event less
than $1,000,000 per occurrence and aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
authorized carriers in the state of California and with an A.M. Best rating of A- or better and a
minimum financial size of VII.
Contractor and City agree as follows:
Contractor agrees to endorse the third party Commercial General Liability
Liability and Insurance Requirements 1300-18
coverage required herein to include as additional insureds City, its officials, employees
and agents, and County, its officials, employees and agents, using standard ISO
endorsement No. CG 2010 with an edition date of 1985 or equivalent. Contractor also
agrees to require all contractors, subcontractors, and anyone else involved in any way
with the project contemplated by this agreement to do likewise.
2. Any waiver of subrogation expressed or implied on the part of City to any party
involved in this Contract or related documents applies only to the extent of insurance
proceeds actually paid. City, having required that it be named as an additional insured to
all insurance coverage required herein, expressly retains the right to subrogate against
any party for sums not paid by insurance. For its part, Contractor agrees to waive
subrogation rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors, subcontractors or others involved in any way with the
project(s) contemplated by this Contract, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Contract shall be endorsed to delete the
subrogation condition as to City, or to specifically allow Contractors or others providing
insurance herein to waive subrogation prior to a loss. This endorsement shall be
obtained regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for the
vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage
provided pursuant to this or any other Contract (express or implied) in any way relating
to City is intended to apply to the full extent of the policies involved. Nothing referred to
here or contained in any Contract involving City in relation to the project(s) contemplated
by this Contract is intended to be construed to limit the application of insurance coverage
in any way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of City, shall be
delivered to City at or prior to the execution of this Contract. In the event such proof of
any insurance is not delivered as required, or in the event such insurance is canceled at
any time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any
other agreement and to pay the premium. Any premium so paid by City shall be charged
to and promptly paid by Contractor or deducted from sums due Contractor, at City
option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require written notice to City and the
appropriate tender prior to cancellation of such liability coverage and notice of any
material alteration of non -renewal of any such coverage, and to require contractors,
subcontractors, and any other party in any way involved with the project contemplated
by this Contract to do likewise.
Liability and Insurance Requirements 1300-19
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first and
on a primary non-contributing basis in relation to any other insurance or self-insurance
available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project that is brought onto or involved in the project by contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with subcontractors and others engaged in the
project will be submitted to City for review.
11. Contractor agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it will
not allow any contractor, subcontractor, Architect, Engineer or other entity or person in
any way involved in the performance of work on the project contemplated by this
Contract to self -insure its obligations to City. If contractor's existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the contractor, which
may include reduction or elimination of the deductible or self-insured retention,
substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90) days
advance written notice of such change. If such change results in substantial additional
cost to the Contractor, the City will negotiate additional compensation proportional to the
increased benefit to City.
13. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity commences in
furtherance of performance under this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights hereunder in
this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
Contract. This obligation applies whether or not the Contract is canceled or terminated
for any reason. The insurance shall include but not be limited to products and completed
operations and discontinued operations, where applicable. Termination of this obligation
is not effective until City executes a written statement to that effect.
16. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the city, and to require all
subcontractors and any other person or entity involved in the project contemplated by
this Contract to do likewise.
17. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of clarification only
as it pertains to a given issue and is not intended by any party or insured to be all-
inclusive.
Liability and Insurance Requirements 1300-20
18. Any provision in any of the documents dealing with the insurance coverage
provided pursuant to these requirements is subordinate to and superseded by the
requirements contained herein. These insurance requirements are intended to be
separate and distinct from any other provision in this Contract and are intended by the
parties here to be interpreted as such.
19. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this Contract
and evidencing products and completed operations coverage for not less than two years
after issuance of a final certificate of occupancy by all appropriate government agencies
or acceptance of the completed work by City.
20. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this Contract. Any such
provisions are to be deleted with reference to City. It is not the intent of City to reimburse
any third party for the cost of complying with these requirements. There shall be no
recourse against City for payment of premiums or other amounts with respect thereto.
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and
conditions and/or reduction in the coverage of any nature to the insurance policies. The notice
shall be sent to:
Bryan Mckinney, Public Works Director
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Liability and Insurance Requirements 1300-21
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 Parks M&O 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 1400-1
1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract has been
awarded has, in presenting any proposal or proposals, colluded with any other party or parties, then
the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or
damage which the City may suffer thereby, and the City may advertise for new proposals for said
Work.
1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and
legal representatives to the other party hereto and to the partners, successors, assigns, and legal
representatives of such other party with respect to all covenants, contracts, agreements, and
obligation contained in the Contract Documents. Neither party to the Contract shall assign the
Contract or sublet it as a whole without the written consent of the other.
1.6 Assianment to Cit
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 effective at the time the City tenders final payment to
the Contractor, without further acknowledgment by the parties.
1.7 Riahts 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 1400-2
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) - Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the
Contractor and Contractor's surety in accordance with the Contract Documents.
Proposer - Any properly licensed and qualified individual, firm, partnership, corporation, joint
venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or
through a duly authorized representative.
Calendar Day - Any day including legal holidays, Saturdays and Sundays.
City - The City of La Quinta, a Municipal Corporation in the State of California.
City Representative - The person designated in writing by the City to act as its agent on specified
matters relating to this Contract. The City's Representative is not the City Engineer, but is another
individual who has been designated to represent the City.
Contract - The written document covering the performance of the Work as more fully described in,
but not limited to, the plans, standard specifications, special and technical provisions, Contract
bonds, proposal, addenda, and Contract Change Orders.
Contract Change Order - A written order to the Contractor, covering changes in the services or
quantities, or both, and establishing the basis of payment and time adjustments for the work
affected by the changes. Also referred to as a Change Order or Amendment.
Contract Documents or Amendment - The words "Contract Documents" shall mean any or all of,
but not limited to, the following items, as applicable:
Acknowledgments
Addenda, if any
Contract
Designation of Subcontractors
Executed Change Orders, if any Notice of Award
General Conditions
General Project Requirements
Instructions to Proposers
Invitation to Propose
Notice to Proceed
Payment Bond
Performance Bond
General Conditions 1400-3
Permits from other agencies
Proposal Documents
Proposal Guaranty Bond
Proposals
Specific Project Requirements
Standard Specifications
State Standard Specifications
Supplementary General Conditions
Each of these items is to be considered by reference as part of the Contract Documents, also
referred to as Contract.
Contract Price - The amount payable to the Contractor under the terms and conditions of the
Contract based on the price given on the proposal schedule, with adjustments made in accordance
with the Contract. The base amount given in the proposal schedule shall be either a lump sum
proposal amount or the summation of the unit price proposals multiplied by the estimated quantities
set forth in the proposal form. Also referred to as Contract Amount or Contract Sum.
Contract Time — One fiscal year with options for extensions.
Contract Completion Date — June 30, 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 City or Parks M&O Superintendent by which the Contractor is ordered to
perform or refrain from performing work under the Contract.
Furnish - To deliver to the job site or other specified location any item, equipment, or material.
General Conditions - Part of the Contract Documents representing the general clauses that
establishes how the project is to be administered.
Herein - Refers to information presented in the Project Specifications.
Holidays - Legal holidays designated by the City or specifically identified in the Contract.
Install - Placing, erecting, or constructing any item, equipment, or material.
Liquidated Damages - A fixed amount to be paid to the City or to be deducted from any payments
due, or to become due, to the Contractor as a result of the Contractor not completing the work in the
time allowed in the specifications.
Notice of Award - A written notice by the City to the Contractor informing him that the Contract has
been awarded to him.
General Conditions 1400-4
Notice to Proceed - The written notice by the City to the Contractor authorizing him to proceed with
the Work and establishing the date of commencement of the Work.
Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications,
called out by paragraph number and alphanumeric designator.
Person - Includes firms, companies, corporations, partnerships, and joint ventures.
Project - The undertaking to be performed under the provisions of the Contract.
Project Manual - Those Contract Documents which are bound into one or more volumes prior to
bidding.
Provide - Furnish and install, complete in place.
Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has
entered into a covenant with the other party to do or perform the action.
Site - The property as described where work is performed.
Specific Project Requirements - Part of the Contract Documents establishing specific conditions
or requirements peculiar to the work.
Specifications - That part of the Contract Documents consisting of the General Conditions,
Supplementary General Conditions, General Project Requirements, Specific Project Requirements,
applicable portions of the Standard Specifications and State Standard Specifications, and Technical
Specifications.
Specify - Refers to information described, shown, noted or presented in any manner in any part of
the Contract.
Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor
to perform any of the Work at the Site. The term subcontractor means a subcontractor or
subcontractor's authorized representative. The term subcontractor does not include any separate
contractor or any separate contractor's subcontractors.
Submittals - The information which is specified for submission to the Parks M&O Superintendent in
accordance with the Project Specifications.
Sub -subcontractor - A sub -subcontractor is a person or entity who has a direct or indirect contract
with a subcontractor to perform any of the Work at the Site. The term sub -subcontractor means a
sub -subcontractor or an authorized representative thereof.
Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for
the Work, including that fabricated to a special design, and may also be a Subcontractor or a
Sub -subcontractor.
Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming
the liability for the faithful performance of the Work and for the payment of all obligations pertaining
to the Work in accordance with the Contract Documents by issuing the Bonds required by the
Contract Documents or by law.
Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or
to perform the action.
General Conditions 1400-5
Work - The labor, materials, equipment, supplies, and other items necessary for the execution,
completion, and fulfillment of the Contract.
Working Day - Any day, other than a holiday on which the Contractor may proceed with regular
work on the current controlling operation as determined by the Parks M&O Superintendent toward
the meeting of contract requirements.
2.0 ADMINISTRATION
2.1 Administration of the Contract
The Parks M&O Superintendent will provide administration of the Contract as hereinafter discussed.
The duties, responsibilities and limitations of authority of City retained consultants and the Parks
M&O 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 Parks M&O Superintendent
2.2.1 General - The Parks M&O Superintendent has the authority to act on behalf of the
City on change orders, progress payments, Contract decisions, acceptability of the
Contractor's work, and early possession.
2.2.2 Change Orders - The Parks M&O Superintendent has the authority to accept or
reject change orders and cost proposals submitted by the Contractor or as recommended
by the Parks M&O Superintendent within purchasing authority.
2.2.3 Progress Payments - The Parks M&O Superintendent has the authority to accept
or reject requests for progress payments which have been submitted by the Contractor.
2.2.4 Contract Decisions -Should the Contractor disagree with decisions rendered under
this Contract, the Contractor may appeal to the Parks M&O Superintendent in accordance
with the provisions of the Contract.
2.2.5 Acceptability of Work -The Parks M&O Superintendent has the authority to make
the final determination of the acceptability of the Work.
2.2.6 Contract Schedule - The Parks M&O Superintendent has the authority to review
and recommend acceptance of the progress schedule submitted by the Contractor at the
start of the Work and subsequent significant revisions for conformance to the specified
sequence of work and logic.
2.2.7 Inspection -The Parks M&O Superintendent will observe the progress, quality, and
quantity of the Work to determine, in general, if the Work is proceeding in accordance with
the intent of the Contract Documents. The Parks M&O Superintendent shall not be
responsible for means, methods, techniques, sequences, or procedures, or for safety
precautions and programs in connection with the Work.
In accordance with the provisions detailed elsewhere in these General Conditions, the Parks M&O
Superintendent will make decisions relative to all matters of interpretation or execution of the
Contract Documents.
General Conditions 1400-6
2.3 Consultants
2.3.1 General - Consultants will have the authority to act on behalf of the City only to the
extent provided in the Supplemental General Conditions.
3.0 City
3.1 General
The City, acting through the Parks M&O 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 Parks M&O Superintendent. The representative will normally be at the Site of
the Work. During the representative's absences, the Contractor may contact the Parks M&O
Superintendent or a previously designated representative.
3.3 Inspection
The City's Parks M&O Superintendent will observe the Work and act in matters of inspection under
this Contract. The Parks M&O Superintendent will call the attention of the Contractor to any failure
of the Work or materials to conform to the Contract Documents. The Parks M&O 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 otherwork on the Site,
the term "Contractor" in the Contract Documents in each case shall mean the Contractor who
executes each separate Contract.
General Conditions 1400-7
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.
4.0 CONTRACTOR
4.1 Office
The Contractor's address stated in the Proposal is hereby designated as the legal address of the
Contractor for the receipt of documents, samples, notices, letters, and other Articles of
communication.
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the name of the person who will act as the
Contractor's representative and shall have the authority to act in matters relating to this Contract.
The Contractor, acting through its representative, shall give personal attention to, and shall manage
the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall be an
employee of the Contractor. Upon written request of the Contractor, this requirement may be
waived by the City. The City's waiver, if granted will be in writing. There is no obligation by the City
to waive this provision regardless of the effect on the Contractor's operations.
At all times during the progress of the Work, the Contractor's representative shall be personally
present at the Project site, or a designated alternate shall be available who has the authority to act
in matters relating to the Contract. The Contractor's representative or designated alternate shall
have the authority to carry out the provisions of the Contract and to supply materials, equipment,
tools, and labor without delay for the performance of the Work. Before initial work is begun on the
Contract, the Contractor shall file with the Parks M&O Superintendent addresses and telephone
numbers where the Contractor's and all subcontractors' representatives can be reached during all
hours, including nights and weekends when work is not in progress.
4.3 Project Procedures
The Contractor will supervise and direct the work. The Contractor has the authority to determine the
means, methods, techniques, sequences, and procedures of construction, except in those
instances where the City, to define the quality of an item of work, specifies in the Contract, a means,
method, technique, sequence, or procedure for construction of that item of Work.
4.4 Contractor's Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees.
Workers shall have sufficient knowledge, skill, and experience to perform properly the work
assigned to them.
The Contractor shall employ only competent, skillful workers to perform the Work. If any
subcontractor or person employed by the Contractor or its subcontractors, appear to the Parks
M&O Superintendent to be incompetent or act in a disorderly or improper manner, such person or
subcontractor shall be discharged from the site immediately by the Contractor upon written direction
of the Parks M&O 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
General Conditions 1400-8
employees of the Contractor. The Contractor will be responsible for their work and their work shall
be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the
acts and omissions of its subcontractors and of persons either directly or indirectly employed by
them as the Contractor is for the acts and omissions of persons directly employed by the
Contractor. Nothing contained in the Contract Documents shall create any contractual relation
between any subcontractor and the City. References in the Contract Document to actions required
of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the
Parks M&O Superintendent, its consultants shall be interpreted as requiring that the Contractor
shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the
specified action, unless the Contract Documents specifically state that the Work is not included in
the Contract.
The Contractor shall not employ any subcontractors that are not properly licensed in accordance
with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit
verification to the Parks M&O Superintendent that the subcontractor is properly licensed for the
work it will perform. Changes to subcontractors listed in the Proposal in accordance with Public
Contract Code 4100 et. seq., shall be made only with the approval of the City.
4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and facilities as required
for the proper execution and inspection of the Work. Such equipment and facilities shall meet all
requirements of applicable ordinances and laws.
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and
inconvenience to the general public and the residents in the vicinity of the Work and to insure the
protection of persons and property at no extra cost to the City.
4.8 City -Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other communication given
by the City or the Parks M&O 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,
Parks M&O 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, Parks M&O 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 Parks M&O 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
General Conditions 1400-9
Work, promptly report to the Parks M&O Superintendent any apparent discrepancies or
defects in such other work that render it unsuitable for such proper execution and results.
Failure of the Contractor to so report shall constitute an acceptance of the City's or separate
Contractor's work as fit and proper to receive the Work, except as to defects which may
subsequently become apparent in such work by others.
If requested by the Contractor, the City shall arrange meetings with other contractors
performing work on behalf of the City to plan coordination of activities. The City shall keep
the Contractor informed of the planned activities of other contractors.
Any costs caused by defective or ill-timed work shall be borne by the responsible party.
Differences and conflicts arising between the Contractor and other contractors employed by
the City or between the Contractor and the workers of the City with regard to their work,
shall be submitted to the City for its decision in the matter. If such separate contractor sues
the City on account of any delay or damage alleged to have been caused by the Contractor,
the City shall notify the Contractor who shall, at the City's election, defend such proceedings
at the Contractor's expense. If any judgement or award against the City arises from any
such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy
said judgement or award and shall reimburse the City for all attorney's fees and court costs
which the City has incurred or for which it is liable.
4.9 Permits
Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply
with all the terms, conditions and requirements attached to all permits, bonds and licenses required
by local, state, or federal agencies to perform work, construct, erect, test and startup 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 thereof by the action of the elements or
from any other cause, whether arising from the non -execution of the Work. The Contractor shall
rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or
the materials occasioned by any cause and shall bear the expense thereof, except for such injuries,
losses, or damages as are directly and approximately caused by acts of the City.
4.11 Laws to be Observed
The Contractor shall keep himself fully informed of all existing and future County, State, and
National laws and regulations and all municipal ordinances and regulations of the City which in any
manner affect those engaged or employed in the Work and of all such orders and decrees of bodies
having anyjurisdiction 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.
General Conditions 1400-10
If any discrepancy or inconsistency is discovered, the Contractor shall immediately report the same
to the Parks M&O Superintendent in writing.
4.11.1 Prevailing Wage -In accordance with Section 1770 of the Labor Code, the City has
ascertained and does hereby specify that the prevailing wage rates shall be those provided
in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments
that are required by Section 1773.1 of the Labor Code. The City will furnish to the
Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the
Contractor to post a copy of such prevailing wages at the job site.
For each worker paid less than the 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 and the City will determine the additional prevailing rate from the
Director of the Department of Industrial Relations and the rate thus determined shall be
applicable as a minimum at the time of initial employment.
The Contractor shall pay travel and subsistence payments to workers needed to execute the
work as such travel and subsistence payments are defined in the applicable collective
bargaining agreement filed with the Department of Industrial Relations pursuant to Labor
Code Section 1773.8.
4.11.2 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each
Contractor and subcontractor shall keep an accurate payroll record, showing the name,
address, social security number, work classification, straight time, and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in connection with the
project.
The payroll records shall be certified and shall be available for inspection at all reasonable
hours at the principal office of the Contractor on the following basis:
a. A certified copy of an employee's payroll record shall be made available for
inspection or furnished to the employee or his or her authorized representative on
request.
General Conditions 1400-11
b. A certified copy of all payroll records shall be made available for inspection
or furnished upon request to a representative of the City, the Division of Labor
Standards Enforcement, and the Division of Apprenticeship Standards of the
Department of Industrial Relations.
C. A certified copy of all payroll records shall be made available upon request
by the public in accordance with Section 1776 of the Labor Code.
The Contractor is responsible for its and its subcontractor's compliance with the provisions
of Section 1776 of the Labor Code.
4.11.3 Overtime Requirements -The Contractor shall forfeit, as a penalty to the City, the
penalty as provided in Section 1813 of the Labor Code for each worker employed in the
execution of the Contract by the Contractor, or any subcontractor under the Contractor, for
each day during which such worker is required or permitted to work more than eight (8)
hours in any one day and forty (40) hours in any one week, in violation of the provisions of
the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except
that work performed by employees of Contractors in excess of eight (8) hours a day and
forty (40) hours during one week, shall be permitted upon compensation for all hours
worked in excess of eight (8) hours per day, at not less than one and a half (1'/2) 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
General Conditions 1400-12
applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth
below, and any regulations that may be detailed in other parts of these Documents. Where any of
these are in conflict, the more stringent requirement shall be followed.
The Work shall include all necessary permanent safety devices, such as machinery guards and
similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and
applicable local and national codes. Further, any 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 Parks M&O Superintendent all accidents whatsoever arising out of, or in connection
with, the performance of the Work whether on, or adjacent to, the Site, giving full details and
statements of witnesses. The Contractor shall make all reports as are, or may be, required by any
authority having jurisdiction, and permit all safety inspections of the work being performed under
this Contract. If a claim is made by anyone against the Contractor or any subcontractor on account
of any accident, the Contractor shall promptly report the facts in writing to the Parks M&O
Superintendent, giving full details of the claim.
5.0 CONTROL OF WORK AND MATERIALS
5.1 Means and Methods
It is expressly stipulated that the drawings, specifications and other Contract Documents set forth
the requirements as to the nature of the completed Work and do not purport to control the method
of performing work except in those instances where the nature of the completed Work is dependent
on the method of performance.
Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the
Parks M&O Superintendent will be responsible for or have control or charge of construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work. Except as provided elsewhere in the Contract Documents, neither the
City, its consultants, or the Parks M&O 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.
General Conditions 1400-13
Neither the inspection by the City, its consultants, or the Parks M&O Superintendent, nor any order,
measurement, approved modification, or payment of monies, nor acceptance of any part or whole of
the Work by the City, the Parks M&O Superintendent or the consultant, or their agents, shall
operate as a waiver of any provision of the Contract.
5.2 Citv-Furnished Materials
Materials, if furnished by the City, will be made available as designated in the Specific Project
Requirements. The cost of loading, unloading, hauling and handling, and placing City -furnished
materials shall be considered as included in the price proposal for the Contract item involving such
City -furnished material.
Contractor shall inspect and assure himself of the amount and soundness of such materials
The Contractor will be held responsible for all materials furnished to it and shall pay all demurrage
and storage charges. City -furnished materials lost or damaged from any cause whatsoever shall be
replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing
City -furnished material and such costs may be deducted from any monies due or to become due
the Contractor.
5.3 Defective and Unauthorized Work
Materials and workmanship not conforming to the requirements of the Contract Documents shall be
considered defective and will be subject to rejection. Defective work or material, whether in place or
not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed
by the Parks M&O Superintendent.
Any work done beyond the limits of work or established by the Parks M&O Superintendent, or any
extra work done without written authority, will be considered as unauthorized and will not be paid
for.
Upon failure on the part of the Contractor to comply with any order of the Parks M&O
Superintendent made under the provisions of this section, the Parks M&O Superintendent shall
have authority to cause defective work to be remedied, or removed and replaced, and unauthorized
work to be removed, and to deduct the costs thereof from any monies due or to become due the
Contractor. The time, cost and compliance requirements stipulated in Paragraph 1400-3.4, City's
Right to Carry Out the Work, shall apply for this paragraph also.
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, its consultants, or the Parks
M&O Superintendent during the contract period, shall be removed and replaced by work and
materials which shall conform to the provisions of the Contract Documents. Failure on the part of
the City, its consultants, or the Parks M&O Superintendent to condemn or reject bad or inferiorwork
or materials shall not be construed to imply acceptance of such work or materials.
5.5 Riaht to Retain Imaerfect 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
therefore as may be just and reasonable.
General Conditions 1400-14
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
The Contractor shall begin work within ten (10) days after receiving Notice to Proceed and shall
diligently execute the same to completion within the time limit.
Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in
advance of the said date of approval shall be considered as having been done by the Contractor at
its own risk and as a volunteer.
6.2 Time of Completion
Each day (Monday -Sunday) the contractor will have specific duties to be completed for the week. It
is expressly understood and agreed by and between the Contractor and the City that the Contract
time for the work described herein is a reasonable time taking into consideration the average
climatic and economic conditions and other factors prevailing in the locality and the nature of the
work.
6.3 Delays
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the
Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall
notify the Facilities Director in writing of the probability of the occurrence and the estimated
extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if
possible the occurrence or continuance of the delay. The Contractor agrees that no claim
shall be made for delays which are not called to the attention of the Parks M&O
Superintendent at the time of their occurrence.
6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall include
delays which could have been avoided by the exercise of care, prudence, foresight, and
diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.
6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution of the Work shall
include delays which result from causes beyond the control of the Contractor and which
could not have been avoided by the exercise of care, prudence, foresight, and diligence on
the part of the Contractor or his subcontractors, at any tier level, or suppliers. Delays in the
Work of other Contractors employed by the City will be considered unavoidable delays
insofar as they interfere with the Contractor's completion of the current critical activity item
of the Work.
6.3.3.1 Abnormal Delays - Delays caused by Acts of God, fire, unusual storms,
floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and
shortages of materials shall be considered as unavoidable delays insofar as they
prevent the Contractor from proceeding with at least seventy-five percent (75%) of
the normal labor and equipment force for at least five (5) hours per day toward
completion of the current critical activity item on the favorably reviewed progress
schedule.
6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the Parks
M&O Superintendent by the Contractor, shortages of material will be acceptable as
grounds for granting extensions. In order that such proof may be satisfactory and
acceptable to the Parks M&O Superintendent, it must be demonstrated by the
General Conditions 1400-15
Contractor that the Contractor has made every effort to obtain such materials from
all known sources within reasonable reach of the proposed Work.
Only the physical shortage of material, caused by unusual circumstances, will be
considered under these provisions as a cause for extension of time, and no
consideration will be given to any claim that material could not be obtained at a
reasonable, practical, or economical cost or price, unless it is shown to the
satisfaction of the Parks M&O Superintendent that such material could have been
obtained only at exorbitant prices entirely out of line with current rates, taking into
account the quantities involved and usual practices in obtaining such quantities. A
time extension for shortage of material will not be considered for material ordered or
delivered late or whose availability is affected by virtue of the mishandling of
procurement. The above provisions apply equally to equipment to be installed in the
work.
6.4 Temporary Suspension of Work
6.4.1 If the Contractor fails to correct defective work as required by Paragraph 1400-5.3,
Defective and Unauthorized Work, or fails to carry out the Work in accordance with the
Contract Documents or any other applicable rules and regulations, the City, by a written
order of the Parks M&O 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 Parks
M&O Superintendent, within the time specified in such notice, the City shall have the authority to
terminate the operation of the Contract with a ten-day written notice per Section 2000, 9.1
Termination.
Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City
may designate. Upon such termination, the Contractor's control shall terminate and thereupon the
City or its fully authorized representative may take possession of all or any part of the Contractor's
materials, tools, equipment, and appliances upon the premises and use the same for the purposes
of completing the Work and hire such force and buy or rent such additional machinery, tools,
appliances, 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
General Conditions 1400-16
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.
7.0 CHANGES IN THE SCOPE OF WORK
7.1 Change Orders and Amendments
7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City,
through the Parks M&O Superintendent, may at any time or from time to time, order
additions, deletions, or revisions in the Work; these will be authorized by Change Order.
The Contractor shall comply promptly with the requirements for all Change Orders. The
work involved in Change Orders shall be executed under the applicable conditions and
requirements of the Contract Documents. A Contract Change Order may increase or
decrease in the Contract Amount or an extension or shortening of the Contract Time.
7.1.2 Extra work shall also be work not shown or detailed in Contract Section 3000; 3.10,
A. Such work shall be governed by all applicable provisions of the Contract Documents. In
giving instructions, the Parks M&O Superintendent shall have authority to make minor
changes in the work, not involving extra cost, and not inconsistent with the purposes of the
work; but otherwise, except in an emergency endangering life or property, no extra work or
change shall be made unless in pursuance of a written order by the City through the Parks
M&O 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 Parks M&O Superintendent - Questions regarding
the meaning and intent of the Contract Documents shall be referred in writing by the
Contractor to the Parks M&O Superintendent. The Parks M&O Superintendent shall
respond to the Contractor in writing with a decision.
7.3.2 Claims - Submission of a claim, properly certified, with all required supporting
documentation, and written rejection or denial of all or part of the claim by the City, is a
condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the
Contractor.
7.3.2.1 Notice - If the Contractor disagrees with the Parks M&O Superintendent's
decision in Paragraph 1400-7.3.1, Contract Interpretation by the Parks M&O
Superintendent, or in any case where the Contractor deems additional
General Conditions 1400-17
compensation for work or materials not covered in the Contract or which the Parks
M&O Superintendent has not recognized as extra work, the Contractor shall notify
the Parks M&O Superintendent, in writing, of his intention to make claim. Claims
pertaining to decisions provided in Paragraph 1400-7.3.1 shall be filed in writing to
the Parks M&O Superintendent within five (5) days of receipt of such decision. All
other claims notices for extra work shall be filed in writing to the Parks M&O
Superintendent prior to the commencement of such work. Written notice shall use
the words "Notice of Potential Claim". Such Notice of Potential Claim shall state the
circumstances and the reasons for the claim but need not state the amount.
Additionally, no claim for additional compensation will be considered unless the
provisions of Paragraphs 1400-6.3, Delays, and 6.4, Time Extensions, are
complied with. No claim filed after the date of final payment will be considered.
It is agreed that unless notice is properly given, the Contractor shall not recover
costs incurred by him as a result of the alleged extra work, changed work or other
situation which had proper notice been given would have given rise to a right for
additional compensation. The Contractor should understand that timely notice of
potential claim is of great importance to the City and is not merely a formality. Such
notice allows the City to consider preventative action, to monitor the Contractor's
increased costs resulting from the situation, to marshall facts, and to plan its affairs.
Such notice by the Contractor, and the fact that the Parks M&O Superintendent has
kept account of the cost as aforesaid, shall not in any way be construed as proving
the validity of the claim.
7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work for
which the Contractor contends additional compensation is due, but if costs are
incurred over a span of more than 30 days, then within 15 days after the thirtieth day
and every month thereafter, the Contractor shall submit to the Parks M&O
Superintendent the costs incurred for the claimed matter. Claims shall be made in
itemized detail satisfactory to the Parks M&O 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 Parks M&O Superintendent may
call special meetings to discuss outstanding claims. The Contractor shall cooperate
and attend, prepared to discuss outstanding claims, making available the personnel
General Conditions 1400-18
necessary for claim resolution, and providing documents reasonably requested by
the Parks M&O Superintendent.
7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of
Public Contract Code Section 20104, where claims cannot be resolved between the parties,
claims for three hundred and seventy-five thousand dollars ($375,000) or less shall be
resolved pursuant to the provisions of that code section, which is summarized in Paragraphs
1400-7.3.3.1 to 1400-7.3.3.5. For claims greater than three hundred and seventy-five
thousand dollars ($375,000) Paragraphs 1400-7.3.3.2 to 1400-7.3.3.4 are applicable;
however, Paragraph 1400-7.3.3.5, Civil Actions for claims less than $375,000, is not
applicable.
7.3.3.1 Claims Less Than $50,000
a. For claims of less than fifty thousand dollars ($50,000), the Parks
M&O 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 Parks M&O Superintendent's written response to the claim, as
further documented, shall be submitted to the Contractor within 15 days after
receipt of the further documentation or within a period of time no greater
than that taken by the Contractor in producing the additional information,
whichever is greater.
7.3.3.2 Claims Greater Than $50,000
a. For claims of over fifty thousand dollars ($50,000), the Parks M&O
Superintendent shall respond in writing to all written claims within 60 days of
receipt of the claim in Paragraph 1400-7.3.2, Claims, or may request, in
writing, within 30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses or claims the City may have
against the Contractor.
b. If additional information is thereafter required, it shall be requested
and provided pursuant to this paragraph, upon mutual agreement of the City
and the Contractor.
C. The Parks M&O Superintendent's written response to the claim, as
further documented, shall be submitted to the Contractor within 30 days after
receipt of the further documentation, or within a period of time no greater
than that taken by the Contractor in producing the additional information or
requested documentation, whichever is greater.
7.3.3.3 Claim Conference - If the Contractor disputes the Parks M&O
Superintendent's written response, or if the Parks M&O Superintendent fails to
respond within the time prescribed, the Contractor may so notify the City, in writing,
either within 15 days of receipt of the Parks M&O Superintendent's response or
within 15 days of the Parks M&O Superintendent's failure to respond within the time
prescribed, respectively, and demand an informal conference to meet and confer for
General Conditions 1400-19
settlement of the issues in dispute. Upon a demand, the City shall schedule a meet
and conference within 30 days for settlement of the dispute.
7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim
conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the Contractor may
file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of those provisions, the running of the period of time within
which a claim must be filed shall be tolled from the time the Contractor submits his
or her written claim pursuant to Paragraph 1400-7.3.2, Claims, until the time the
claim is denied, including any period of time utilized in the meet and confer process.
7.3.3.5 Civil Actions For Claims Less Than $375,000 - The following procedures
are established for all civil actions filed to resolve claims for less than three hundred
seventy-five thousand dollars ($375,000):
a. Within 60 days, but no earlier than 30 days, following the filing or
responsive pleading, the court shall submit the matter to non-binding
mediation unless waived by mutual stipulation of both parties. The mediation
process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days
of the submittal, and shall be concluded within 15 days from the
commencement of the mediation unless a time requirement is extended
upon a good cause showing to the court.
b. If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding
Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code
of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration.
C. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title
3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when
possible, be experienced in construction law, and (B) any party appealing an
arbitration award who does not obtain a more favorable judgement shall, in
addition to payment of costs and fees under the chapter, also pay the
attorney's fees on appeal of the other party.
7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims,
counterclaims, disputes, and other matters in question between the City and the
Contractor that are not resolved between the City and the Contractor and are not
governed by Public Contract Code 20104 shall be decided by a court of competent
jurisdiction. Arbitration shall not be used for resolution of these disputes.
Should either party to this Contract bring legal action against the other, the case
shall be handled in the California county where the work is being performed.
7.3.4 Records of Disputed Work -In proceeding with a disputed portion of the Work, the
Contractor shall keep accurate records of its costs and shall make available, to the Facilities
Director, a daily summary of the hours and classification of equipment and labor utilized on
the disputed work, as well as a summary of any materials or any specialized services which
are used. Such information shall be submitted to the Parks M&O Superintendent on a
General Conditions 1400-20
monthly basis, receipt of which shall not be construed as an authorization for or acceptance
of the disputed work.
8.0 PROJECT MODIFICATION PROCEDURES
8.1 Changes in Contract Price
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by
the Parks M&O Superintendent and approved by the City and increase the amount of work to be
done, such added work shall be known as extra work; and when such corrections, alterations, or
modifications decrease the amount of work to be done, such subtracted work shall be known as
work omitted.
The difference in cost of the work affected by such change will be added to or deducted from the
amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall
be determined in one or more of the following ways as directed by the Parks M&O Superintendent:
a. By unit prices subsequently fixed by agreement between the parties;
b. By an acceptable lump sum proposal from the Contractor; or
C. By Force Account (as described in Paragraph 1400-8.3, Force Account Payment),
when directed in writing and administered by the City through its agents.
When required by the Parks M&O Superintendent, the Contractor shall submit, in the form
prescribed by the Parks M&O Superintendent, an itemized breakdown with supporting data of the
quantities and prices used in computing the value of any change that may be ordered.
The Parks M&O Superintendent will review the Contractor's proposal for the change and negotiate
an equitable adjustment with the Contractor. After there is an agreement the Parks M&O
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 1400-8.1 b and 8.1 c above, the Contractor shall submit
substantiating documentation with an itemized breakdown of Contractor and subcontractor direct
costs, including labor, material, equipment rentals, and approved services, pertaining to such
ordered work in the form and detail acceptable to the Parks M&O Superintendent. The direct costs
shall include only the payroll cost for workers and foremen, including wages, fringe benefits as
established by negotiated labor agreements or state prevailing wages, workers' compensation and
labor insurance, and labor taxes as established by law. No other fixed labor burdens will be
considered, unless approved in writing by the Parks M&O Superintendent; the cost of materials
used and equipment delivered and installed in such work as substantiated by appropriate
documents; the cost of construction machinery and equipment based on fair rental or ownership
values acceptable to the Parks M&O 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
General Conditions 1400-21
not include any labor or office costs pertaining to the Contractor's managers or superintendents, his
office staff and office facilities, or anyone not directly employed on such work, nor the cost of rental
of small tools as all such indirect costs form a part of the Contractor's overhead expense.
Under the method described in Paragraph 1400-8.1 b and 8.1 c 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 written Change Order that the work be done on a force account
basis. The term "force account" shall be understood to mean that payment for the work will be done
on a time and expense basis, that is, on an accounting of the Contractor's forces, materials,
equipment, and other items of cost as required and used to do the work. For the work performed,
payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the
force account work: Direct labor cost is the actual payroll cost, including wages, fringe
benefits as established by negotiated labor agreements or state prevailing wages, workers'
compensation and labor insurance, and labor taxes as established by law. No other fixed
labor burdens will be considered, unless approved in writing by the City.
General Conditions 1400-22
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
in said publication, a suitable rental rate for such equipment will be established by the Parks M&O
Superintendent.
General Conditions 1400-23
Prior to the commencement of force account work, the Contractor shall notify the Parks M&O
Superintendent of its intent to begin work. Labor, equipment and materials furnished on force
account work shall be recorded daily by the Contractor upon report sheets furnished by the Parks
M&O Superintendent to the Contractor. The reports, if found to be correct, shall be signed by both
the Contractor and Parks M&O Superintendent and a copy of which shall be furnished to the Parks
M&O 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 Parks M&O Superintendent, detailed and complete documented
verification of the Contractor's and any of its subcontractor's actual costs involved in the force
account pursuant to the pertinent Change Order. Such costs shall be submitted within thirty (30)
days after said work has been performed. No payments will be made for work billed and submitted
to the Parks M&O Superintendent after the thirty (30) day period has expired.
The force account invoice shall itemize the materials used and shall cover the direct costs of labor
and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other
forces. The invoice shall be in a form acceptable to the Parks M&O 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 price proposal for
doing the work, and the Contractor and its sureties shall defend, protect, and hold the City,
its consultants, the Parks M&O Superintendent, together with all their officers, agents, and
employees harmless against liability of any nature or kind for any and all costs, legal
expenses, and damages made for such fees or claims and against any and all suits and
claims brought or made by the holder of any invention or patent, or on account of any
patented or unpatented invention, process, article, or appliance manufactured for or used in
the performance of the Contract, including its use by the City, unless otherwise specifically
stipulated in the Contract. Before final payment is made on the Contract, the Contractor
shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall
General Conditions 1400-24
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 prosecuted in accordance with the
provisions of these Specifications and the Contract, the City will pay the Contractor for all such work
installed on the basis of percentage completion.
Payments will be made by the City to the Contractor on estimates duly certified and approved by
the Parks M&O Superintendent, based on the value of equipment installed and tested, labor and
materials incorporated into said permanent work by the Contractor during the preceding month.
Payments will not be made for temporary construction unless specifically provided for in the
Contract Documents.
Partial payments will be made monthly based on work accomplished as of a day mutually agreed to
by the City and the Contractor.
The Contractor shall submit his estimate of the work completed during the prior month and the work
completed to date in a format corresponding to the accepted cost breakdown. The Parks M&O
Superintendent shall review the submitted estimate, and upon approval, the Contractor may submit
a detailed invoice for those amounts approved by the Parks M&O Superintendent.
If requested, the Contractor shall provide such additional data as may be reasonably required to
support the partial payment request. If the Parks M&O Superintendent does not agree with the
Contractor's estimate of amount earned, the partial payment request will be returned for revision.
The Parks M&O Superintendent will be available to meet to discuss the partial payment request
prior to its re -submittal. When the Contractor's estimate of amount earned conforms with the Parks
M&O Superintendent's evaluation, the Parks M&O Superintendent will calculate the amount due the
Contractor, prepare the progress payment request for signature by the Contractor, and submit the
recommended progress payment request for the City's approval and processing. Payment will be
made by the City to the Contractor in accordance with City's normal accounts payable procedures;
the City shall retain amounts in accordance with Paragraph 1400-9.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the judgement of the Parks
M&O Superintendent, the Work is not proceeding in accordance with the provisions of the Contract,
General Conditions 1400-25
or when in the Parks M&O 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.
For defective work not remedied.
C. For failure of the Contractor to make proper payments to its subcontractors
or suppliers.
d. A reasonable doubt that the Contract can be completed for the balance then
unpaid.
e. Damage to another Contractor or third party, or to property.
General Conditions 1400-26
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.
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.
Payments due the City from the Contractor.
Reduction of Contract Amount because of modifications.
M. The Contractor's neglect or unsatisfactory prosecution of the work including
failure to clean up.
n. Provisions of law that enable or require the City to withhold such payments in
whole or in part.
When the above reasons for withholding amounts are removed, payment may be made to the
Contractor for amounts withheld.
The City in its discretion may apply any withheld amount or amounts to the payment of valid claims.
In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by
the City shall be considered as a payment made under the Contract by the City to the Contractor,
and the City shall not be liable to the Contractor for such payment made in good faith. Such
payments may be made without prior judicial determination of the claim or claims. The City will
render to the Contractor a proper accounting of such funds disbursed in 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 1400-27
End of Section 1400
General Conditions 1400-28
DIVISION 2
SECTION 2000
GENERAL PROJECT REQUIREMENTS
1.0 CONTRACT LOCATION
The work involves the perpetual yearly maintenance of all of the Parks within the City of La Quinta
consisting of maintenance and repair of amenities, planting, and irrigation in the parks, retention
basins, and civic facilities. See the Appendix section and bid forms for a listing and depiction of
areas to be maintained as part of this specification and request for bid.
2.0 CONTRACT TERMS
The contract shall be for a period of twelve (12) months, or until June 30, 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 WORKER'S COMPENSATION COVERAGE
The Contractor shall procure and maintain, during the life of the contract, Worker's Compensation
Insurance for all his or her employees engaged on or at the site of the project, and in case any of
the work is sublet, the Contractor shall require all subcontractors to similarly provide Worker's
Compensation Insurance for all the latter's employees unless such employees are covered by
protection afforded by Worker's Compensation Insurance carried by the Contractor.
5.0 INSURANCE COMPLIANCE REQUIREMENTS
The Contractor shall furnish City satisfactory proof of full compliance with all insurance
requirements prior to execution of the contract on forms herein provided. The Contractor shall
submit Certificate(s) of Insurance which must indicate which policy covers each insurance item as
per Section 1340, LIABILITY AND INSURANCE REQUIREMENTS.
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 1 st to April 30th
May 1st to September 30th
Monday — Friday
Saturday - Sunday
Monday - Friday
Saturday - Sunday
7 a.m. to 5:30 p.m.
8 a.m. to 5 p.m.
7 a.m. to 7 p.m.
8 a.m. to 5 p.m.
General Project Requirements 2000-1
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 holidays.
7.0 HOLIDAYS
During the week of a holiday, the Contractor shall adjust his schedule to return to normal weekly
schedule the following week for all items.
8.0 PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT
The City of La Quinta has set up very specific criteria in which to evaluate the performance of the
contractor on a weekly basis during the perpetual maintenance of the annual contract.
As the City representative identifies performance deficiencies, fines may be deducted from the
Contractor's monthly invoice. The following deficiencies, terms, and fines apply to this specific
contract and scope of work. Deficiency 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
mow and remove grass clippings, edge, remove weeds, trim trees, gopher control, fill dog holes,
sweep, pick-up trash/debris daily, and animal feces daily, apply chemicals and prune, etc. Failure to
adequately install traffic control cones around materials (grass clippings) left in the street.
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 identified above
will be automatically deducted from the Contractor's monthly invoice for that maintenance area.
Deficiency No. 2 - Failure to provide adequate equipment in compliance with City specifications
and/or as requested by the City representative may result in a deduction of up to $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.
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 $200
deduction per occurrence. Additionally, Contractor shall be responsible for any imposed penalties
or/and additional tier costs in water bill.
General Project Requirements 2000-2
Deficiency No. 5 - Minor irrigation deficiencies (non -continuous water flow) shall be repaired within
forty-eight (48) hours. Major irrigation deficiencies (continuous water flow) shall be repaired within
twelve (12) hours. Failure to monitor and adjust irrigation for adequate coverage in turf areas, $200
per day may be deducted from the monthly invoice.
Deficiency No. 6 - Contractor is deficient for not following or managing, on a daily basis, the
Contractor -submitted and City -approved quality control program, including but not limited to weekly
schedules, weekly manpower allocation form, weekly irrigation maintenance form for minor repairs,
weekly irrigation material purchase request for major repairs and weekly performance requirements
summary reports. Up to $200 deduction per occurrence from the monthly invoice.
Deficiency No. 7 - Failure to provide requested Landfill Diversion Report forms. Up to a $200
deduction per occurrence from the monthly invoice.
9.0 TERMINATION
9.1 Termination prior to expiration of term
This section shall govern any termination of this Agreement except as specifically provided in
Section 9.2 for termination for cause. City reserves the right to terminate this Agreement at any
time, with or without cause, upon a ten-day written notice to Contractor. Upon receipt of any notice
of termination, Contractor shall immediately cease all services, hereunder except such as may be
specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 9.3.
9.2 Termination for Default of Contractor.
If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City
may, after compliance with the provisions, take overwork 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 Attornevs' 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.
General Project Requirements 2000-3
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, sidewalks, and structures.
12.0 MATERIALS
Seed, fertilizer, pesticides, and sprinkler parts (excluding controllers and mainlines), pre -
emergence, herbicides, and growth regulators (considered a management tool and therefore
excluded from reimbursement) are all materials to be included in the lump sum contract amount.
See the specific project requirement specifications for a thorough definition of minor and major
irrigation repairs.
Dog Bags are also considered to be materials in the contract and can be purchased from:
Zero Waste USA Inc
12316 World Trade Drive, #102
San Diego, CA 92128
Telephone: (800) 789-2563
Fax: (800) 789-6619
There are currently 52 (estimated) dog bag dispensers in the Park Landscape Maintenance
Services area. Current usage is estimated at 22,000 bags per month (3.5 cases of 6,000 bags). Any
increase or decrease in dispensers and dog bag usage will not change the contract amount.
13.0 WATER
The City shall furnish only metered water. Contractor shall provide daily water management by staff
Certified in Maxicom/IQ and a Certified Landscape Irrigation Auditor. Contractorwill be responsible
to pay for additional costs for water bills that are within their control and not rated as "Efficient" or
Excellent". In situations of backflow theft, vandalism, broken mainlines, or City Events that require
additional water, the contractor will not be responsible for the difference.
14.0 ACCEPTANCE
All work specified shall be completed under the direction and satisfaction of the City and in
accordance with these specifications. The City will monitor the Contractor's performance and review
weekly submittal of forms and schedules if necessary to conduct evaluations of the Contractor's
overall compliance with administration and physical performance of said contract.
15.0 COMPLAINTS RECEIVED BY THE CITY
The City will notify the Contractor, in writing, of each contract complaint reported by the public. A
citizen complaint will be indicated on the Performance Deficiency Form and Contract Maintenance
Incidence Report and will be given to the Contractor indicating the day and hour the complaint was
observed or reported, the location and description of the complaint, and the section (or fraction
thereof) to be deducted from contract payment, if appropriate.
The Contractor will have twenty-four (24) consecutive hours to correct the problem except
complaints received on trash collection, cleaning, and maintenance where the Contractor will have
one (1) hour to respond with corrective action as specified by a City of La Quinta representative (if
applicable, exceptions will be made for ordering of parts and adverse weather conditions). The
Contractor will submit to the City, in writing, when and how the problem was corrected, and the
action to prevent the situation from recurring. If the Contractor fails to correct the problem of the
General Project Requirements 2000-4
citizen's complaint within the time constraints, the City shall correct the situation with the City
personnel or separate contract and the cost will be deducted from the Contractor's monthly invoice.
16.0 COMMUNICATIONS
Throughout the period of this contract, the Contractor shall establish and maintain a local office with
a quality control managing agent. The Contractor's quality control managing agent shall serve as
the point of contact for dealing and communicating with the Contractor and City Inspector.
The Contractor shall have the capability to receive and to respond immediately to calls of an
emergency nature during normal working hours and during hours outside of normal working hours.
Calls of an emergency nature received by the City shall be referred to the Contractor for immediate
disposition.
A. In the event that emergency work is required, the Contractor shall notify the City
representative by telephone in advance before any emergency work is commenced. Non-
emergency maintenance work outside of this contract scope requires written approval before the
work is performed.
B. In situations involving emergency work after normal work hours, the Contractor shall
dispatch qualified personnel and equipment to reach the site within two (2) hours. Contractor's
vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives
at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and
proceed to repair the system on a temporary basis.
C. The Contractor shall supply the City with name(s) 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 removing water from all play areas and keeping all drainage facilities clear and in
operating condition within the contract areas.
17.0 CONTRACTOR'S EMPLOYEES
The Contractor's employees, supervisors, and representatives shall not identify themselves as
employees of the City of La Quinta. All employees shall conduct themselves in a professional and
courteous manner while in public areas. Obscene language or gestures of deviant behavior by the
Contractor's employees will be reported to the Contractor immediately for corrective action.
General Project Requirements 2000-5
18.0 QUALITY CONTROL/QUALITY ASSURANCE
18.1 Quality Control
The Contractor shall establish quality control program to assure the requirements of the contract are
performed as specified. The quality control program will be used by the Contractor to monitor their
performance of the contract. The Contractor's quality control program must be managed by an
individual whose primary responsibility is to monitor and implement the quality control program.
This manager will be responsible for communicating with the City representative, signing all
schedules and reports, and have the authority to schedule the Contractor's employees and
authorize extraordinary work hours to accommodate emergency repairs. Upon request by the Parks
Superintendent, a copy of the Contractor's quality control program shall be provided for review and
approval. The City will approve or disapprove the Contractor's program within ten (10) working days
of submittal.
18.2 Supervision and Manpower Allocation
The Contractor shall provide adequate supervisors each day of the workweek during the life of the
contract. The Contractor shall assign a supervisor full-time (40 hours per week) 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 turf
and tree management, entomology and pest control, soils, fertilizers, plant identification, park
facilities, and irrigation system maintenance. Supervisor shall be capable of communicating
effectively both in written and spoken English. When requested by the City representative, the
Contractor shall submit to the City a Manpower Allocation Form (see Section 8000 for form) the
Friday prior to the upcoming week. The form shall completely define the number of positions being
used during the upcoming week and type of tasks to be completed.
18.3 Safety
The Contractor will assist the City in reducing hazards and dangerous situations in the contract
landscape areas. Any safety hazard will be reported within one (1) hour after it is noted. Any
vandalism shall be reported within two (2) hours after it is noted.
18.4 Weekly Maintenance Schedule
This contract requires the Contractor to submit/email a Weekly Schedule. 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).
18.5 Authorization
The Parks Superintendent, or his authorized designee, will decide all questions, which may arise as
to the quality and acceptance of any work, performed under the contract.
18.6 Landfill Diversion
This contract requires that 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 or Green Waste Reuse Facility
General Project Requirements 2000-6
Collected green waste, grass clippings, shrubbery cutting, tree trimmings, and land clearing debris
shall not be delivered to a landfill for disposal. All such waste must be recycled, composted,
processed at a biomass facility, or otherwise reused.
Contractor shall deliver to the City upon request during the term of this contract, a Landfill Diversion
Form (Section 8000) with attached proof consisting of receipts for tipping fees or other written
documentation that all collected green waste, grass clippings, shrubbery cuttings, tree trimmings,
and land clearing debris were delivered to a recycling, composting, mulching, biomass, or other
green waste reuse facility.
If additional information concerning the disposition of the green waste by Contractor is required by
City, Contractor shall supply such information promptly to City. Contractor's failure to comply with
any requirement contained in this Section of the contract requirements shall be grounds for
immediate termination of this contract, for cause, by the City. A list and location of composting
facilities local to the City are available from the Parks Superintendent.
19.0 Landscaoe Maintenance Eauiament Invento
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.
Maxicom/IQ Irrigation Software
The Contractor shall posses and maintain a computer and Maxicom/IQ software capable of
providing central irrigation control of the City's Rainbird Irrigation Systems.
Mowing Equipment
A. Mechanically, ground driven, or hydraulic driven gang reel mowers capable of providing
variable cutting widths and cutting heights of 3/4" to 11/2" shall be used on warm season turf
grasses such as Bermuda and cool season grasses such as Rye.
B. Hydraulic driven reel mower (Triplex) with reels having a minimum of nine blades shall be
used on all Rye grass and hybrid Bermuda turf grasses. Mowers shall provide a maximum cutting
width not to exceed 84". Mowers shall be capable of providing cutting heights from 1 /2" to 11/2" and
have the ability of collecting grass clippings if deemed necessary by City representative.
C. Rotary mowing lawn tractors shall be used to cut cool season and warm season grasses
where applicable. Mower deck widths shall vary depending on terrain and location; however, a
minimum width of 48" shall be maintained. Mowers shall be capable of providing cutting heights
from 1" to 1 1/2", and have the option of collecting grass clippings if deemed necessary by City
representative.
D. Walk behind rotary mowers with the capability of collecting grass clippings may be required
on small turf areas.
Vertical Mowers/De-Thatcher
A. Self-propelled walk behind vertical cutting mowers (renovators) shall be used on small turf
areas, not easily accessed by larger vertical cutting mowers, or areas deemed necessary by City
representatives.
General Project Requirements 2000-7
B. A vertical cutting mower (de -thatcher) hydraulically or P.T.O. driven from attached tractor
with a minimum cutting width of 60" shall be used on large turf areas. Blades shall be free swinging
and spaced a maximum of 2" apart.
C. A vertical cutting mower (renovator) hydraulically or P.T.O. driven from attached tractorwith
fixed 1/8" thick, 12" diameter, 8 -10 -pointed slicing type blades, spaced a maximum of 2" apart, shall
be used on all hybrid Bermuda grasses.
Turf Vacuum/Power Rake
Contractor shall include a turf vacuum/power rake having the capability to pick up leaves, verticut
clippings, and other debris. Turf vacuum/power rake shall be a minimum of 60" wide and have an
agitating raking mechanism to aid in the proficiency of the vacuum.
Ae rato rs
A. Walk behind self-propelled aerators shall be used on smaller turf areas, not easily accessed
by larger aerators, or other areas deemed necessary by City representative. Aerators shall have
tines 3/8" to 3/4" in diameter and spaced a maximum of 3" apart.
B. Aerators a minimum of 60" wide shall be used on large turf areas. Aerators shall run under
their own power or by a tractor PTO. Aerators shall be capable of following contours and minor
grade changes in the turf grasses. Aerator tines shall be 3/8" to 3/4" in diameter, spaced a
maximum of 3" apart, and be capable of penetrating the soil to a minimum depth of 3".
String Trimmers and Edgers
Contractor shall include sting trimmers and edger's for trimming and edging around walks, trees,
planters, shrubs, fences, and all other areas of the park requiring detailed trimming. Trimming and
edging shall be performed each time a turf area is mowed.
Fertilizer Spreader
Contractor shall include equipment that is specifically designed for the proper application of fertilizer
at measured rates.
Utility Tractor
Contractor shall include a utility tractor capable of operating specified equipment. Tractor shall
provide power to auxiliary equipment. Power provided (hydraulic of P.T.O.) shall be within
manufacturer specified limits for attached equipment.
Trimming and Pruning Equipment
A. Contractor shall include a tree chipper equivalent of commercial capacity. Chipper shall
operate from its own power source. Chipper shall be capable of ejecting wood chips and debris into
a truck bed.
B. Contractor shall include a "chipping truck". Truck shall have hydraulic dump bed with fully
enclosed sides, and partial top and rear gate capable of receiving chippings from attached tree
chipper.
C. Contractor shall include powered chainsaws.
General Project Requirements 2000-8
D. Contractor shall include pole saws. The pole saw can be either gas powered or manually
operated.
Pesticide Application Equipment
Contractor shall include a large capacity (50 -gallon minimum) pesticide sprayer. Sprayer shall also
have a spray wand/gun with a minimum of 100' of hose.
Pressure Washer
Contractor shall provide a pressure washer for regular bi-weekly cleaning of dog parks and weekly
cleaning of facilities including but not limited to; picnic areas, concession areas, benches, tables,
trash cans, playgrounds, play courts, skate areas, and walkways.
20.0 SPECIAL REQUESTS
The Contractor may be requested by a City representative to perform special tasks, which are
above his normal scheduled work (i.e., citizen action requests, coordination with utility locations or
special work orders). It is intended that the Specifications are indicative of the work to be anticipated
by the Contractor and will allow for reasonable additional work at no additional cost to the City
which is considered normal maintenance to meet the obiectives 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 not impede or block public access to the parks, roads, or parking areas.
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether
empty or loaded, shall in all cases yield to public traffic.
24.0 THE CITY'S RIGHT TO DO WORK
The City reserves the right to do work as required within the contract area. If such alterations affect
the provision of this agreement, the Contractor will be asked to submit a cost as a result of the
alterations.
General Project Requirements 2000-9
25.0 COOPERATION/COLLATERAL WORK
A. The Contractor shall recognize that during the course of the contract other activities and
operations will be conducted by the City and/or other Contractors. These activities will include but
are not limited to landscape refurbishment, irrigation system modification or repair, construction,
and storm related operations.
B. The Contractor may be required to modify or curtail certain operations and shall promptly
comply with any request by the City representative to cooperate.
26.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
A. During periods of storms, the Contractor will provide supervisory inspection of the project
during regular working hours to prevent or minimize possible damage from inclement weather. The
Contractor shall submit a report identifying any storm damage to the City's representative attached
to a site map (see Appendix for Landscape Maintenance Maps), identifying location of damage and
cost estimate to repair and/or replace. If remedial work is required beyond the scope of this
contract, it will be reimbursed on a separate purchase order.
B. It is the Contractor's responsibility to remove debris accumulated by high winds or other
typical or non -typical environmental conditions.
27.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities, structures,
and utilities both above surface and underground on the City's property. Any damage to City
property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the
Contractor at no cost to the City.
If the City requests or directs the Contractor to perform work in a given area, it will be the
Contractor's responsibility to verify and locate any underground systems, i.e., utility lines. This does
not release the Contractor of the responsibility for taking reasonable precaution when working in
these areas. Any damage or problems shall be reported immediately to the City.
28.0 CITY LIAISON
The Parks Superintendent and the Contractor's Supervision representative will meet on a weekly
basis. The purpose of this meeting will be to discuss specific project problems. Frequent contact
may be required between the City's Parks Superintendent and the Contractor's representative
separately from these meetings.
29.0 METHOD OF PAYMENT
The Contractor shall present, for the previous month, monthly invoices for contracted monthly
amount. Included with monthly billing will be the work functions accomplished during that period,
other than what is indicated on the Maintenance Schedule (i.e., fertilization, pest control, etc.).
Send monthly invoices to: City of La Quinta
Dianne Hansen
M&O Superintendent
dhansen@laquintaca.gov
The monthly proposal amount is the amount set forth in Proposal form submitted.
General Project Requirements 2000-10
30.0 WORK NOT INCLUDED
Water and electrical billings, except in instances where excessive costs are incurred by the City due
to water waste or negligence by the Contractor, are not included within this contract. If the City,
based upon all the facts gathered, determines that excessive utility costs have occurred, the City
may withhold from the payment to Contractor those funds necessary to reimburse the City for these
additional costs.
31.0 CONTRACTOR NEGLECT
Any damage to the City's property, which has been determined to be due to the Contractor's
neglect, shall be corrected at no additional cost to the City. Loss of plant material due to improper
care is also included.
32.0 SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and
ordinances, which apply to any work performed pursuant to the Contract.
Each internal combustion engine used for any purpose on the job or related to the job shall be
equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal
combustion engine shall be operated on the project without said muffler.
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
33.0 ADMINISTRATION
A. Periodic Services
1. The Periodic Services (Section 6000), which is provided in these documents,
indicates the time frames when items of work shall be accomplished.
2. The Contractor shall submit revised schedules when actual performance differs
substantially from planned performance.
B. Reports and Schedules
1. The report and schedule forms, provided herein, indicate the major items of work
and further delineate the time frames for accomplishment.
2. The Contractor shall provide and complete a schedule for each item of work and
each area of work.
3. Failure to notify of a change and/or failure to perform an item of work on a scheduled
day may result in deduction of payment for that date or work, even though the work is
performed on a subsequent day.
4. The Contractor shall adjust his schedule to compensate for all City -observed
holidays.
General Project Requirements 2000-11
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
1. The Contractor has been provided the latitude in establishing work schedules which
correspond to Contract -defined minimum manpower (Section 1210) and equipment
resource requirements. The Contractor has also been provided the opportunity and
procedure for adjusting those schedules to meet special circumstances.
2. Therefore, all work shall be completed on the day scheduled (as shown on the
Contractor -submitted schedule).
3. Failure to complete the work as scheduled or as specified herein will result in a
Performance Deficiency and Reduction. These actions shall not be construed as penalty but
as adjustment of payment to the 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.
E. Deficient Performance
The Contractor shall be notified in writing each time performance is unsatisfactory and corrective
action is necessary.
End of Section 2000
General Project Requirements 2000-12
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 the
parks, retention basins, civic facilities, and Arbor Pro software for data collection of all tree
maintenance performed. Duties include, but are not limited to, trash collection, cleaning, maintaining
turf, maintaining ground cover, shrubs and trees, arboricultural services, maintaining and repairing
irrigation 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 for the Park Landscape Maintenance
Services.
3.0 SERVICES TO BE PERFORMED
3.1 General
A. The removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out -
of -place or discarded items, including the replacement of trash can liners on a daily basis.
B. The removal of dried plant material such as hanging or fallen tree limbs, leaves, branches, dried
up plants, and wood pieces.
C. All material which is picked up during cleaning, shall be disposed of by the Contractor by placing
such material in a refuse container where available or to the sanitary landfill. All green waste must
be disposed of in accordance with Division 2 Section 2000 No. 18.7.
3.2 Trash Collection, Cleaning, Maintenance
The City has designated priority/ high profile areas due to high use or programmed events as
follows:
La Quinta Park (Blackhawk Way and Adams Street)
Civic Center Campus (Washington Street and Calle Tampico)
Fritz Burns Park & Dog Park (Avenue 52 and Avenida Bermudas)
Bear Creek Trail (Avenida Montezuma between Tampico and Tecate)
Calle Tecate/Ave Bermudas (Avenida Madero to Calle Madrid)
Nature Preserve (Ensenada to Chillon)
Pioneer Dog Park (Miles Avenue and Seeley Drive)
Seasons Dog Park (Cloud View Way and Desert Fall Way)
YMCA (Moon River at Avenue 50)
*Sports Fields at Colonel Mitchell Page, the Sports Complex, and La Quinta park
Where applicable in the above areas the following items of work will require attention on a daily
basis:
A. Empty all trash receptacles, clean/wipe down tops with a wet rag. Transfer collected
recyclable materials appropriately to divert from landfills. Restore liners or replace as
necessary. Re -fill all dog bag dispensers.
Specific Project Requirements 3000-1
B. Pick up all trash, debris, and dog feces in landscape areas, sidewalks areas, parking lot
areas, playground areas, park turf areas, and parkways, fill dog holes and repair
irrigation leaks.
C. Wash or wet wipe down all public seating areas that require cleaning including seat walls
and park benches and picnic tables.
C. Sweep dirt and DG off walkways.
D. Level dirt piles, and fill holes made by dogs (all dog parks).
E. Open restrooms by 6:00 a.m. (La Quinta Park and Fritz Burns Park)
Where applicable the following items of work require attention on a weekly basis:
A. Mow, trim, and edge all turf areas.
B. Keep all areas free of weeds and debris.
C. All shrubs and trees trimmed and/or pruned so as not to impede pedestrian traffic.
D. Pressure wash skate parks, basketball court, picnic pavilion areas, gazebos, splash
pads/water features, concession areas, and facility entrances (i.e. Library, Wellness Center,
and City Hall). Pressure wash dog parks bi-weekly seating areas and at gate entryways with
green product disinfectant. Playground equipment will be washed weekly but may require
additional cleaning as necessary. Clean/wash tennis and pickleball courts with a water
broom (schedule to be determined with M&O Superintendent).
E. Gopher eradication, level dirt piles, and fill holes made by gophers.
F. Fire ant control: application of fire ant bait as needed.
G. Rake playground safety material (EWF).
H. Empty all hot ash receptacles at La Quinta Park and Fritz Burns Park.
I. Monitor and maintain irrigation system by means of operational testing.
J. Clean enclosed trash bins located in the parking lot, place all debris on the ground in the
bin, sweep clean.
3.3 Fertilizing of Turf
A. Winter fertilization period shall begin November 1St and continue until the end of March. A
minimum of 2lbs N/1,000 sq. ft. of commercial fertilizer shall be required annually for cool season
grasses.
B. Summer fertilization period shall begin May 15th and continue until the end of September. A
minimum of 2lbs N/1,000 sq. ft. of commercial fertilizer shall be required annually forwarm season
grasses.
C. Additional or special applications may be requested by the City to maintain quality turf conditions
at the Contractors expense.
Specific Project Requirements 3000-2
D. The Contractor shall supply to the City - A list of dates and approximate times each park is
scheduled for fertilizer application before the Contractor begins fertilization.
3.4 Weeding
A. Turf, planters, ground cover areas, sidewalks, underneath shrubs, flower boxes, shall be kept
free of weed grasses and broadleaf weeds.
B. Weeds in turf areas shall be controlled in such a manner, and at such intervals that their height
does not exceed the height of the grass. Weed species such as clover, bind weed, and other low
growing varieties shall be controlled so the density of the weed shall not exceed 10% of the area
covered by turf or ground cover.
C. The Contractor shall spray weeds with herbicide for weed control (except for the Fred Wolff
Nature Preserve) at no additional cost to the City. Preventive weed control is the responsibility of
the Contractor. Pre -emergent herbicide will be applied between January 15 and March 1 as a
management tool at no additional cost to the City.
D. The Contractor shall complete and furnish copies of an herbicide spray log to the City.
E. The Contractor shall post 24 hours prior and submit a letter naming the herbicide proposed for
use, where and how it is to be applied, and a copy of the product label to the City before use
begins.
F. The Contractor shall be responsible for the results of application of all herbicides and chemicals.
Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City,
with the nearest size nursery stock available to the size of the dead or severely damaged plant. The
soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and
other soil amendments that may be required to enhance the potential survival and growth of the
existing or replacement plants. The treatment and materials must be approved by the City and shall
be furnished at no cost to the City.
3.5 Mowing
All turf areas shall be mowed, trimmed, and edged no less than once a week.
A. Mowing shall include cutting all grass to a minimum height of 3/4" and a maximum height
of 1'/2". Uneven cuts, scalping, and varying heights of turf areas will be considered
unsatisfactory to City standards.
B. Mechanical edging along all walkways and curbing.
C. Trimming around and underneath all fixed structures (tables, benches, posts, trees, play
equipment, etc.).
D. Grass clippings shall be collected and removed to a refuse container if they do not
disburse evenly over turf area or the City designates the grass clippings as unsightly.
3.6 Vegetation Maintenance
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.
Specific Project Requirements 3000-3
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.
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 to be submitted as
a Database Table or Excel Spreadsheet.
b Database: Data collected to be provided to the City in either ESRI Shapefile
or Geodatabase format.
C. The information should be organized to incorporate the different area of the
City:
1. Trees that are located in parks, are to be identified by street and park
name. Trees located in retention basins, are to be identified by the street and name
of the basin.
2. Museum — Trees that are located at the Museum are to be identified
by the street name/Museum.
k. Time Frame: Inventory to be completed in fiscal year 2024/2025 and updated
annually.
TREE AND PALM PRUNING
a Schedule: See C, 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.
Specific Project Requirements 3000-4
5. Extra: 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.
Trees shall be pruned within the following criteria:
A. Designated broadleaf trees as needed, but no less than annually.
B. Designated conifers as needed, but no less than annually.
C. Palm Trees as needed, but no less than annually (Dates by May 31 st, Washingtonias by
July 31 st, and Filferas by August 31 st)
D. Trees shall be pruned as required to remove broken ordiseased branches, orforsafety.
It shall be the Contractor's prime responsibility to conduct a pruning program, which will
ultimately develop proper tree scaffolding, strength, and appearance consistent with the
intended use. Before any work commences, the Contractor will prune one typical tree of
each different species scheduled for pruning as an example. All major pruning operations
shall be scheduled and approved by a City representative before work begins.
E. All trees which are located within the landscape maintenance areas (including Palm
trees), shall be included.
F. Topping trees will not be allowed without approval of the City representative. Pruning
shall be done by those experienced and skilled in pruning techniques. All cuts shall be done
using proper horticultural practices. Dressing wounds will not be allowed.
G. Prune trees along sidewalks to allow seven -foot (7') clearance for pedestrians and
fourteen feet (14') above curb and gutters for vehicular traffic.
H. Under no circumstances will stripping of lower branches (rising up) of young trees be
permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as
much foliage as possible to promote caliper -retained growth (tapered trunk). If there are
doubts or questions, contact the City representative. Tree suckers and sprouts will be
removed as needed. Lower branches can be cut flush with trunk only after tree is able to
stand erect without staking or other support.
I. All debris from pruning, trimming, and tree maintenance shall be removed by the
Contractor during the same working day accumulated.
J. During the fall season, the Contractor shall provide weekly pick-up of fallen leaves after
the initial request to begin is given by the City.
K. Perform minor tree surgery as required.
L. Ailing or stunted trees, which fail to meet expected growth expectations, shall be brought
to the attention of the City representative.
M. The Contractor will be responsible for staking and tying trees and removing staking and
tying.
N. Tree stakes and ties shall be checked and corrected as needed. Ties will be adjusted to
prevent girdling. Remove unneeded stakes and ties as per City's request. Replace broken
stakes as required.
Specific Project Requirements 3000-5
Shrubs
O. All holes from removed trees shall be filled and refilled until it maintains grade level, or a
replacement tree is installed.
P. If trees are not pruned by the specified date, the Contractor shall be issued a
Performance Deficiency Notice, unless the Contractor submits an acceptable written
request to the City stating the reason why they cannot complete the pruning by the stated
date and what date the pruning service will be completed.
Q. Any dead limb or branch, detached or not, are a safety hazard and will be removed as
needed, including the root ball as part of the contract price.
R. Tree removal service provided as needed at all City parks, retention basins, and Civic
facilities. Stump grinding and/or stump removal to be included.
S. A of tree removal and replacement will be kept by the Contractor stating where and when
the trees were removed and replanted, species, site, and approximate location.
T. Any plants broken, damaged, and/or uprooted as a direct result of storm damage, wind
damage, accident, or vandalism, shall be trimmed, replanted, or replaced, and debris
removed within twenty-four (24) hours of notification. Any debris blocking roadways or
parking areas shall be removed within one (1) hour of notification to Contractor. The
Contractor shall call the City to confirm the damage, prepare a material request and
estimate of plant material replacement based on contract unit prices. After receiving City
authorization, the Contractor will submit an invoice with the monthly statement for additional
labor and applicable materials. The City will use the quoted extra labor charges submitted
with the proposal for reimbursement.
U. The Contractor will be held liable for any damages done to trees due to poor
management procedures (i.e., improper staking, damage done by not removing tie wires,
improper pruning, etc.).
V. If the planted ground cover, shrub, or tree, dies as a direct result of neglect, inadequate
care, or inadequate maintenance, the replacement item and required labor shall be
provided by the Contractor at no cost to the City. This includes material newly planted
and material which has been planted. Replacement must be of comparable size.
A. All shrubs and hedges shall be trimmed in such a manner that they present a pleasing
and natural appearance and do not obstruct the vision from building windows or the vision
of vehicle drivers. Use of hedge trimmers will not be allowed on shrubs and ground cover
with the exception of grasses and designated formal hedges.
B. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does
not overgrow its designated growth perimeter as specified in Section 7000 Pruning and
Training Quality Standards.
C. Whenever ground cover, shrubs, or trees die, the Contractor shall contact the City to
confirm the vegetation is dead, request authorization for replanting, replant it and submit an
invoice with the monthly statement for additional labor and applicable materials. The City
reserves the right to furnish the required plant, shrub, or tree. The City will use the quoted
extra labor charges and unit prices submitted with the proposal for reimbursement.
D. Remove any spent blossoms or dead flower stalks as required to present a neat and
clean appearance.
Specific Project Requirements 3000-6
Vines
E. 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.
A. Vines and espalier plants shall be checked and retied as required. Secure vines with
appropriate ties to promote directional growth on supports.
B. Do not use nails to secure vines on masonry walls.
C. Deep water vines in pockets not provided with sprinklers as required promoting optimum
growth.
D. Pruning of vines will be in accordance with good horticultural practices.
Ground Cover
A. Trim ground cover adjacent to walks, walls, and/or fences as required for general
containment to present a neat, clean appearance.
B. Cultivate and/or spray approved herbicide to remove broad -leafed and grass weeds as
required. Weeds shall be controlled and not allowed to reach an objectionable height. City
representative shall be responsible for determining objective height. Remove weeds by
chemical or mechanical means as approved by City representative.
C. Prevent soil compaction by cultivating regularly all ground cover areas.
D. Any paper or litter that accumulates in ground cover areas shall be picked up on a daily
basis.
E. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or
other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs,
or on structures or walls. Keep trimmed back approximately 4 inches from structure or walls.
Coordinate trimming around base of shrubs/trees with City representative.
F. Decomposed Granite (DG) areas shall be raked smooth a minimum of once per week.
3.7 Pest Control of Plant Material
A. The Contractor shall provide complete and continuous control and/or eradication of all plant
pests or diseases. The Contractor shall obtain any necessary permits and licenses to comply with
City, County, State, or Federal regulations or laws.
B. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and
diseases to include, but not limited to, all insects, aphids, mites, other invertebrates, pathogens, and
nematodes. Controls to include necessary use of integrated pest control systems involving the use
of life history information and extensive monitoring. Control through prevention, cultural practices,
pesticide applications, exclusion, natural enemies, biological control, and host resistance.
C. All material used shall be in strict accordance and applied within the most current EPA
regulations and the California Food and Agricultural Code.
D. City shall be notified prior to the application of pesticides and other chemicals. Pesticide
applications shall be recorded on the Maintenance Schedule and coordinated with City
Specific Project Requirements 3000-7
representative. Material use reports for all pesticides shall be filed with the City no later than the
10th of every month for the preceding month.
E. Agglication of Pesticides
1. Timing: Pesticides shall be applied at times which limit the possibility of
contamination from climatic or other factors and at the proper life cycle of the pests. Early
morning application shall be used when possible to avoid contamination from drift.
Applicator shall monitor forecast weather conditions to avoid making application prior to
inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after
treatment shall be reduced to eliminate runoff. When water is required to increase pesticide
efficiency, it shall be applied only in quantities of which each area is capable of receiving
without excessive runoff.
2. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to
prevent contaminating areas outside the target area. Application methods shall be used
which ensure that materials are confined to the target area. Spray tanks containing
leftover materials shall not be drained on the site to prevent any contamination. Disposal
of pesticides and tank rinsing materials shall be within the guidelines established in the
State of California Food and Agricultural Code or EPA regulations.
3. Equipment and Methods: Spray equipment shall be in good operating conditions, quality,
and design to efficiently apply materials to the target area. Drift will be minimized by using
proper pressure as instructed on the product label and using water-soluble drift agents.
4. application 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. All materials used at the Sports Complex must be
approved by the Desert Sands Unified School District.
5. Substitution: Wherever a specific type of material is specified, no substitutions shall be
allowed without the written consent of the City representative.
6. Certification of Materials: All materials shall be delivered on the site in original unopened
containers. Materials shall be subject to inspection by the City representative.
F. All areas of the landscape shall be inspected for infestations of harmful pests such as ants,
insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be
blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.
G. Identify the cause of injury and consult a Pest Control Advisor before application of chemical
treatments.
1. The State of California Agricultural Code requires that toxic pest control chemicals may
be used only after a written recommendation by a State of California licensed Pest Control
Advisor is obtained. A recommendation consists of all the applicator should know for an
accurate and safe usage. The recommendation must be time and site specific.
2. Applications of all pesticides shall conform to State regulations under a Licensed Pest
Control Operator or a Certified Applicator of Pesticides as per the State Department of
Pesticide Regulations.
Specific Project Requirements 3000-8
3. There shall be no application of a "RESTRICTED" pesticide without written
permission of the City.
4. In case a Restricted Use Pesticide is recommended, the City must have a use
permit issued only by the County of Riverside Agricultural Commissioner.
H. Start preventative cultural methods before a pest is visible. At certain times of the year, and with
certain environmental conditions, the presence of certain pests can be anticipated. Look at new
growth for the presence of aphids, leafhoppers, scale, mealy bugs, and mites. Use a 10 -power
magnifying glass to see mites. Look for ants on soil, along walks, and trunks of shrubs and trees.
When ants are present, there will be sucking insects. Control of ants will aid in the
control of plant feeding insects. Do not use toxic pesticides to control pests when
predatory or parasitic insects are present.
I. Dusty foliage and warm temperatures are indicators of mites. So long as the foliage is washed,
mite populations are low. Keep mite populations low to prevent plant injury.
Conifers are especially susceptible to mite infestation.
J. 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 the base of branches. Also, there may be dying branches.
1. Control adult beetles before they lay eggs on bark in the spring. All trees near one
infested the previous year should be sprayed in March and again in May. On-going
inspections are necessary to determine if there is a summer brood.
K. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from
Spring until the advent of high temperatures, wherever moist soil prevails.
L. Pruning is an effective prevention of an epidemic of insects and diseases. Pruning away infected
parts and disposing of them off-site separates the pest or pathogen from the host. Examples are
Pine tree tip moth, Juniper twig girdler, Verticillium wilt, fire blight, and other blights of foliage.
1. Thinning of tree foliage, to provide light and aeration for the tree and ground cover is a
type of disease prevention.
2. Use care when pruning not to spread disease by keeping all cutting edges sterile by
dipping in an alcohol or bleach solution after each cut.
M. Weeds must be removed upon appearance. Selective post emergence herbicides shall be used
to kill weeds without permanent injury to other plants.
1. All creeping grasses, as well as broadleaf weeds, shall be kept out of shrubs and
ground covers.
2. Broadleaf weeds in turf shall be removed selectively, without injury to the turf grass
other than slight, temporary discoloration.
3. Grass weeds in lawns shall be controlled with pre -emergent herbicides. See
Seasonal Work for pre -emergent herbicide controls of weed grass seeds (i.e., crabgrass).
N. Weeds not killed with herbicides shall be removed manually. However, manual weed control
shall not be substituted for herbicide applications.
Specific Project Requirements 3000-9
O. Turf and other plants killed by weeds, chemicals, etc., shall be replaced at the Contractor's
expense. All replacements must be made within 10 days after receiving notice from the City.
P. The Contractor shall establish a continuing program to control insects and rodents. All
materials used at the Sports Complex must be approved by the Desert Sands Unified School
District.
Q. With the program, the following information shall be included:
1. The pest to be controlled
2. Method of control
3. The product labels
4. A schedule as to frequency of control
R. Monthly, the Contractor shall complete a pesticide log for any pesticides used.
S. When using pesticides, the instructions on the label shall be followed explicitly and special
care shall be exercised in application.
3.8 Drainage Facilities
The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains,
flow structures, storm drain outlets), located within the landscaped areas. Surface drains shall be
checked and maintained free of obstruction and debris at all times to assure proper drainage.
Remove any debris or vegetation that might accumulate to prevent proper flow of water.
3.9 Fertilization
A. Scheduling: Fertilization will be applied in accordance with FERTILIZER SCHEDULE A, or
as otherwise directed by the City representative. All applications shall be recorded and specifically
identified on the weekly schedule indicating the 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 application of fertilizer granules, precautions shall be
taken to contain these materials in the planting areas. Caution should be used when using a
cyclone spreader, which tends to throw material onto paved areas. The Contractor will be
responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall
be applied at manufacturer's recommended rate.
D. Timing of Application: When climatic factors cause problems of the general use of fertilizers,
an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor
watering schedule to eliminate runoff or leaching of fertilizer materials.
E. Trees and Shrubs: Fertilizers, pre -approved by a City representative, shall be applied to
trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in
accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding
or foliar applications to correct iron chlorosis and other micronutrient deficiencies.
Specific Project Requirements 3000-10
3.10 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 will be paid for as extra work, based on contract
unit prices, by the City unless otherwise specified within these specifications. Exceptions will be
replacements due to Contractor's neglect. This will be determined by the City representative.
A. . Extra work may include landscape restorations in City maintenance areas within the parks.
Work may include modifications to the existing irrigation system, installation of additional
irrigation valves, plant, tree, ground cover installation/replacement, and minor grading as
needed, and extra field maintenance. 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 for any other On -Call Landscape Maintenance
services. Work may include landscape restoration projects, clean up, weed abatement in
other City properties, outside of the scope of this contract such as in the Lighting &
Landscape Assessment District 89-1, and for services such as storm clean up throughout
the City on request for work not covered under Section 2000; 33.0, C.
3.11 Clean -Up
A. At no time will it be allowed to blow grass cuttings/debris into public streets or gutters without
being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall
be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters).
B. Contractor shall remove all debris resulting from the maintenance operations and dispose of
it off-site at the time of occurrence. All grass clippings shall be picked up after each mowing or
trimming operation.
C. All debris resulting from any of the Contractor's operations shall be removed and disposed
of legally at the Contractor's expense. No debris will be allowed to remain at the end of the
workday. All municipal Green Waste generated from Contractor's operations shall be diverted from
County landfill to an approved reclamation site and processed for recycling. (See Landfill Diversion
Form Section 8000)
D. All walkways will be kept clean/clear of debris and plant growth. Care shall be taken not to
create unnecessary hazards to foot traffic.
E. All shrub areas not inter -planted with ground cover will be raked clean a minimum of once a
month.
F. The Contractor shall provide a general clean-up operation on a daily basis for picking up
papers, trash, or debris, which may accumulate in the landscape areas, caused by winds or normal
conditions.
G. Animal feces shall be removed from all recreational facilities (i.e. parks, bike paths, etc.) on
a daily basis.
4.0 SPRINKLER MAINTENANCE DETAILS
A. General
The controlling factor in the performance of water management within the City landscape
maintenance area is the application of water to landscape plants at a rate which closely matches
Specific Project Requirements 3000-11
the actual demands of plant material with little or no runoff. Other important water management
considerations include safe and dry turf areas for community use, water costs, and plant health.
Failure to perform irrigation system maintenance as described shall constitute a deficiency as
defined in paragraph 8.0 of Section 2000.
Contractor must have a staff member who is a Certified Landscape Irrigation Auditor (CLIA). The
City recognizes the importance of water management and encourages Contractors to provide the
most efficient landscapes without impacting the conditions of the parks and facilities.
B. Reports
See Reports and Schedules, and Forms, Sections 4000 and 8000.
C. Irrigation/Operation and Maintenance
Irrigation shall be accomplished without impacting the public use of the parks and facilities. During
periods when it is necessary to operate the irrigation during the daytime, the contractor shall have
staff on-site to adjust the irrigation so as not impact the public use. Contractor will not operate the
irrigation systems, unless for system testing, during restricted times as determined by the water
authority. Standing water will not be permitted one hour after completion of water schedule.
Failure to adjust irrigation controllers to comply with designated watering windows, water authority
restrictions, and City -provided schedules will result in a Performance Deficiency Reduction.
D. Operation/Repair
1. The entire irrigation system to include all components from connection at meters
shall be maintained in an operational state at all times. This coverage shall include but not
be limited to the following: Maxicom/IQ systems, all controllers and remote -control valves;
gate valves, low meters, pressure regulators and backflow devices. Contractor responsibility
for mainlines shall consist of continual monitoring and any necessary repairs not to exceed
one mainline failure per controller each month. Contractor is required to notify City
representative of mainline failures within twelve (12) hours of occurrence.
2. All irrigation systems equipped with Maxicom/IQ shall be tested and inspected
weekly. Reports generated by Maxicom/IQ, shall be available to the City's representative
upon request. Any systems not currently equipped with Maxicomz/IQ shall be inspected a
minimum of once per week. The City's representative may request a written report (see
Section 4000) to be submitted weekly showing the location, day of week, and time of day
that each system is tested. Any changes shall be submitted for approval prior to enactment.
Failure to operate the Maxicom/IQ controller for regular irrigation schedules will result in a
deficiency.
3. All systems shall be adjusted in order to:
a. Provide adequate coverage of all landscape areas and ensure coverage of
all turf areas, especially sports fields.
Prevent excessive runoff and/or erosion
C. Prevent watering roadways, facilities such as tennis or basketball courts,
walkways, trails, fences, and private property
d. Match evapotranspiration rates
e. Limit hazardous conditions
Specific Project Requirements 3000-12
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
written notification from the City representative. The Contractor shall turn-off
irrigation system immediately as directed during periods of rainfall and times when
suspension of irrigation is desirable to conserve water while remaining within the
guidelines of good horticultural maintenance practices.
C. Once the City representative acknowledges the necessity to turn -on the
water once again, all controllers shall be activated within twelve (12) hours.
6. The entire irrigation system to include all components from connection at meters
shall be maintained in an operational state at all times. This coverage applies to all
controllers and remote -control valves, gate valves and backflow devices, flow meters, main
and lateral lines, sprinkler heads, moisture sensing devices, and all related equipment.
7. Contractor shall provide personnel fully trained in all phases of landscaping and
irrigation systems operation, maintenance, adjustment, and repair; in all types of
components to include Maxicom2/IQ, irrigation control clocks, valves, and sprinkler heads;
and with all brands and models of irrigation equipment.
8. Adjustment, damage, and repairs shall be divided into the following categories and
actions:
a. All sprinkler heads shall be adjusted to maintain proper coverage.
Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning
and flushing heads and lines, and removal of obstructions. Costs for adjustment
shall be included in costs for operation and maintenance of the irrigation system.
b. All damage resulting from the Contractor's operations shall be repaired or
replaced prior to the end of the workday at the Contractor's expense.
C. Damage and repairs shall be divided as follows:
i. Minor repairs shall include, but not be limited to, all irrigation
components from, and including, the valve to lateral line and heads/emitters,
replacement of adjusting pins, friction collars, washers, trip assemblies,
tubing, and other small parts. The cost for minor repairs shall be included in
the costs for operations and maintenance of the irrigation system.
ii. Major repairs shall include controllers and control wires and all items
before the automatic control valve including but not limited to backflow,
pressure regulators, and mainlines (except as previously noted). The cost for
major repairs, except as noted, will be considered extra services based on
the contract labor and unit cost.
d. Repairs to the irrigation system shall be completed within 24 hours after
approval of the Irrigation Materials Request Form by the City representative on
major component damage such as broken irrigation mainlines.
Specific Project Requirements 3000-13
e. All replacements shall be with original type and model materials unless a
substitute is approved by the City representative.
f. Contractor shall maintain an adequate stock of medium and high usage
items for repair of the irrigation system.
g. Contractor shall implement repairs in accordance with all effective warrants
and no separate payment will be made for repairs on equipment covered by
warranty.
h. Contractor shall pay for all excessive utility usage due to failure to repair
malfunctions on a timely basis for unauthorized increases in the frequency of
irrigation. Contractor will also be responsible to pay for additional costs for water
bills that are within their control and not rated as "Efficient" or "Excellent". In
situations of backflow theft, vandalism, broken mainlines, or City events that require
additional water, the contractor will not be responsible for the difference. Costs to be
deducted from payments will be presented to the Contractor by the City.
The City will do spot inspections to check the efficiency of the Contractor's
water management. If discrepancies are found, the Contractor will have
twenty-four (24) consecutive hours to correct problems. While the Contractor
is correcting problems in unsatisfactory areas, the specified level of service
will be maintained in all other aspects of this contract.
j. The City reserves the right to provide repair parts for major irrigation repairs.
In such an event, the Contractor shall pick up sprinkler repair parts from the City
Maintenance Service Yard at the established hours.
k. Upon request by the Maintenance & Operations Superintendent, the
Contractor shall return all sprinkler parts, control valves, and valve parts that have
been replaced due to damage or malfunction to the City's Maintenance Service
Yard. Control clocks will be returned to the City the day removed for repair or
replacement.
I. Under the authorization of the City, the Contractor will repair sprinklers,
control valves, and control clocks.
M. The Contractor shall adjust sprinkler heads and valve boxes to the level of
the ground surface.
n. Control valves, sprinklers, and direct burial control wires shall be located and
repaired by the Contractor.
o. The Contractor shall be responsible for properly removing control clocks
needing repair, marking station wires, delivering clocks to the City Maintenance
Service Yard for repairs, and reinstalling the control clock with station wires in the
original order as found. If repairs encountered will take more than two working days
to correct, a temporary controller, supplied by the City, will be installed by the
Contractor until the permanent controller can be repaired.
P. When sprinkler systems are out of service due to the Contractor's neglect,
the Contractor shall be required to water by hand or other means in accordance with
plant and vegetation needs. This shall not be an extra labor charge.
Specific Project Requirements 3000-14
q. When rain occurs or is in the forecast with some certainty, all sprinkler
system controllers shall be turned off by the Contractor's personnel. The Contractor
will notify the City before the turn-off process starts and when the turn-off process is
completed. The City will notify the Contractor when the sprinkler system controllers
are to be turned back on.
r. The Contractor shall be held responsible for damage done to sprinkler
heads, landscape lighting, valves, and valve box lids due to careless operation of
vehicles and lawn mowers.
S. Personnel
1. The Contractor shall provide personnel Certified in all phases of
Maxicom2/IQ landscape irrigation system operation, maintenance,
adjustments, and repair; in all types of components to include irrigation
controllers, valves, moisture sensing devices, and sprinkler heads; and with
all brands and models of irrigation equipment used within the City.
2. The Contractor shall provide personnel that is a Certified Landscape
Irrigation Auditor who has knowledgeable of, and proficient in, current water
management concepts, with the capability of working with City staff in
implementing more advanced water management strategies.
3. The Contractor shall provide personnel capable of verbal and written
communication in a professional level of English.
t. Materials
1. All replacement materials are to be with original types and model
materials, unless a substitute is approved by the City representative.
2. Contractor shall maintain an adequate inventory of medium to high
usage stock items for repair of the irrigation systems.
3. Contractor shall implement repairs in accordance with all effective
warranties, and no separate payment shall be made for repairs on
equipment covered by warranty.
4. The actual cost of all material passed on to the City shall be
wholesale cost of the material.
a. The wholesale cost shall be the actual cost paid by the
Contractor reflecting the best price, including discount available.
b. At no time shall the cost of materials exceed the retail cost
from the current price list, minus the discount rates quoted in the bid.
C. The total cost of materials shall include the following:
-Wholesale cost (retail costs minus Contractor's discount, as
stated above).
-Applicable sales tax.
-A markup of 15% maximum for all overhead costs and
profits.
Specific Project Requirements 3000-15
5. All materials are to be new and identical to existing materials, unless
directed otherwise by the City representative.
Invoicing
1. Since all labor costs are to be included in the contract amount,
emergency callouts after working hours will be considered extra work
compensation. This type of work shall be defined as "extra work."
2. Irrigation Repair Invoices shall be organized according to park
location and submitted on a monthly basis.
V. Water Management
All systems shall be programmed daily, weekly, and/or as needed to
maintain healthy plant material and landscape.
2. Program changes may be required to be recorded on the Irrigation
Management Form. See section 8000 Forms.
3. Water meter reading for each system may be provided to Contractor
upon request.
4. Contractor will be subject to a deficiency for any meter billed as
"Inefficient" or higher due to Contractors neglect. In situations of backflow
theft, vandalism, broken mainlines, or City events that require additional
water, the contractor will not be billed.
5.0 WEED CONTROL OF PAVED SURFACES
Contractor shall be responsible for controlling weeds by mechanical or chemical means, weeds
growing in cracks, expansion joints, curbs and gutters, and areas contiguous to the City landscape.
6.0 GUARANTEE AND/OR REPLACEMENT POLICY
All new plant material and irrigation installations shall be guaranteed for a period of one calendar
year except due to "Acts of God", i.e., damage or death of plant material due to wind or storm, or
vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing
plants shall be replaced by Contractor, if it is determined by the City representative that they died
due to Contractor's negligence.
7.0 TURFGRASS
A. General
1. Watering: A regular, deep watering program shall be accomplished to give the best
results. The established turf should not be allowed to dry beyond 50% of the soil water
holding capacity between watering. At a minimum, omit irrigation the night prior to
occurrence of turf mowing.
2. Aeration: Mechanically aerate all turf areas as often as required (no less than 2
times annually), to reduce compaction/stress conditions, which will offer greater water
penetration and reduce runoff. In those areas where soil condition is poor, top dressing will
be required. Use core aeration with 3/8" to 3/4" tines. Any areas that show excessive
compaction shall receive additional treatment as required to alleviate this condition at no
extra cost to the City. Removal of cores required.
Specific Project Requirements 3000-16
2. Mowincr Mow, trim, and edge parks, retention basins, and civic areas weekly. Avoid
removing more than one-third of the leaf blade at any one time. Turf in this contract shall
be mowed with power -propelled mowers equipped to mow and collect clippings in one
operation. City representative, may in some instances, allow mowing without the
attached collection device to recycle organic material into the soils providing the
machine is equipped with approved safety features. The mowers shall be maintained
and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel
or blade adjustment shall provide a uniform, level cut without ridges or depressions.
Care shall be exercised during the mowing operation to prevent damage to trees and
other obstacles located within the turf areas such as electrical boxes or fixtures. Do not
mow areas that are wet or where frost is present. Alternate mowing patterns
whenever possible, to prevent wheel ruts. If ruts are made, Contractor will make repairs
at their expense.
3. Trimming and Edging: Trim around walls, buildings, curbs, header boards, valve
boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean
appearance. Chemically edge around trees, within an 8" radius from the trunk, using
care not to damage tree, trunk, or roots.
4. Renovation: Renovate all turf areas once per year at a time when there will be the
least amount of stress to turf. Renovations will include irrigation adjustments, repairs,
and fertilization and be in accordance with the following methods:
Step 1. Aerify entire area with an aerifier with 3/8" to 3/4" tines x 3" deep.
Step 2. Verticut entire area using a verticutter set to soil line contact. Verticut twice
in parallel directions, or as directed. Pick up debris at completion of this operation.
Turf vacuum/power rakes shall be utilized as needed.
Step 3. Mow with rotary or reel mower as directed, at regular cutting height.
Sports Field Renovation will be done as extra work as requested by the City. The
contractor must accommodate timelines provided by the City with the least
disruption of play to sports associations. The work involves flail, top dress, and
smooth sports fields using a minimum of 100 tons of sand per acre.
Step 1. Preparation: Ensure the sports field is cleared of debris, equipment, or
obstacles that may obstruct the top -dressing process. Verticly mow all turf and cut to
a height of 1/2" and clean all debris with sweeper/vacuum.
Step 2. Check all irrigation heads for proper adjustments/replacements.
Step 3. Equipment and Personnel, a skilled operator proficient in operating a skip
loader is required.
Step 5. Top Dressing Process: Drop sand (use 2 mil sand) in rows, spread the sand
evenly across the surface of the sports field using a skip loader. Distribute sand
uniformly, ensuring consistent coverage across the entire area. Address areas with
low spots or uneven terrain, ensure adequate sand coverage to fill low spots.
Step4. Smoothing and Finishing: Once the sand is spread, smooth out the field's
surface. This process will involve gentle maneuvers on the skip loader to eliminate
bumps, ridges, or uneven patches in the sand layer.
Step 5. Irrigation is to run at least every four hours/ four times a day for two weeks
after smoothing and finishing.
Step 6. Fertilize at a rate of 11b/1000 sq ft. Irrigation adjusted as needed.
Step 7. Aeration to be completed a month after the "smoothing of the fields".
Specific Project Requirements 3000-17
B. Refurbishment of Turf grass
Turf areas that thin out due to shading effect of trees, structures, and foot traffic will be reseeded
with an approved grass seed to restore thinning areas. Coordinate with City representative.
C. Winter Over -seeding
Winter over -seeding will occur at the Civic Center Campus; Adams park and retention basin; Desert
Pride; Eisenhower; the Event park; Fritz Burns; Monticello; Pioneer; Saguaro; Velasco; La Quinta
Park picnic area; Seasons retention basin, the three (3) dog parks, X -Park; and the green belt at
Bear Creek Trail between Eisenhower and Carranza.
1. The over -seeding shall comply with PM- 10 requirements. The Bermuda grass will
be lowered in two stages by mowing with sharp mowers. This process will be done until
grass height is less than '/2". After the Bermuda grass is lowered, the entire area will be
vacuumed. Seed with rye grass at the rate of 15 lbs per 1000 square feet or as approved by
the City Inspector, and re -seeded as necessary until full coverage of rye grass is obtained.
2. Fertilize Bermuda grass areas after over -seeding. Broadcast fertilizer at the product
recommended rate. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when
applicable or walk behind cyclone spreaders in smaller areas.
3. Follow CVAG recommended over -seeding procedures ("Smart Scalping").
4. Cultivate base and aerate compacted area thoroughly. Where substantial but thin
turf remains, rake, aerate if compacted, and cultivate soil.
5. Remove diseased or unsatisfactory turf areas. Remove and do not bury into soil.
Remove topsoil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris,
etc.
6. Top -dressing, when applicable, shall be applied with materials and method approved
by City representative.
7. Maintain seeded turf areas until successful seed germination and complete
establishment of turf. Seeded areas will be maintained until inspection and acceptance by
the City representative.
8. After preparation and seeding have been completed, the area will be watered as
needed for successful germination.
9. The rye grass will be completely established by November 1.
10. Due to the schedules of the organized sports, annual winter over -seeding will not be
performed on the sports fields.
D. Weed Control
Contractor shall maintain a weed -free turf at all times by chemical and/or mechanical means. Pre -
emergent herbicide applications shall be required to control annual grasses in all turf areas. The
Contractor shall be especially careful if applying chemicals to control weeds because of possible
damage to the turf. Before such applications are made, the turf should be well established and in
vigorous condition. All chemicals applied will be recorded and coordinated with the City
representative. Contractor shall post a notice stating "HERBICIDE APPLICATION IN PROCESS" at
each location where herbicides are applied. (Roundup is not permitted to be used in City parks or
retention basins adjacent to parks).
Specific Project Requirements 3000-18
E. String Trimmers
Care shall be exercised with regard to the use of motorized line trimmers (i.e. weed eaters) to
prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. No weed
eaters shall be used around trees or wooden park signs not equipped with arbor guards. An 8" bare
soil buffer zone shall be maintained around the circumference at the base of all trees (Trees
damaged by Contractor's operations will be replaced at Contractor's expense).
8.0 FACILITY MAINTENANCE
A. Specialty/Sports Areas
1. General (applies to all parks, retention basins, and civic facilities within the
landscape maintenance areas):
a. All animal feces or other materials detrimental to human health shall be
removed from the areas daily.
All broken glass and sharp objects shall be removed daily.
C. All areas shall be inspected daily and maintained in a neat, clean, and safe
condition at all times.
d. All playground areas shall be raked to remove leaves and debris daily.
Surface shall be leveled under the swings and slides daily.
e. Irrigation to be inspected weekly and adjusted at sports fields for adequate
coverage.
2. Sand/Wood Safety Surfaces
a. These areas shall include tot lots, play areas, volleyball, and bocce ball
courts, etc.
b. All areas shall be maintained weed free.
C. Compacted sand areas shall be rotor -tilled to the maximum depth that will
allow complete loosening of the sand but will not cause lower base materials to be
mixed in with the sand. After rotor -tilling, all areas shall be raked level.
d. Fill material shall be replenished as necessary to maintain optimum level in
each area, generally six (6) inches below the top of the concrete curbing but
dependent upon play equipment footing and final level shall be determined by the
City representative for each area.
e. Each week, all sand areas shall be raked level and kept free of any foreign
debris. Sidewalks adjacent to tot lots shall be swept daily.
f. In the event of inclement weather if at anytime the sand court areas become
flooded and there is standing water, it will be the Contractor's responsibility to
remove water immediately.
3. Hard Surface Areas:
a. These areas shall include concrete sidewalks, tennis/pickleball courts, skate
courts, basketball courts, bocce ball courts, bicycle trails, A.C. walkways, etc.
b. All areas shall be swept weekly to remove all deposits of silt and/or sand and
glass.
C. All areas shall be inspected daily and maintained in a neat, clean, and safe
condition at all times.
d. Cracks and crevices shall be kept free of weeds at all times.
Specific Project Requirements 3000-19
B. General Facility Operations
1. All sidewalks within the City areas shall be swept or cleaned daily, if necessary, to remove
any glass or heavy debris. In addition, all sidewalk areas shall be thoroughly cleaned once
every week by sweeping. Storm debris on sidewalk areas shall be removed within 48 hours.
2. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's
operations and at other times as required.
3. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-
site.
4. Trash cans provided by City shall be emptied daily and washed after emptying (when
necessary) to be determined by the City Inspector. Transfer collected recyclable materials
appropriately to divert from landfills. Contractor shall provide plastic liners for all trashcans
at Contractor's expense.
5. All concrete bench drains and other surface drains to include the portion under the sidewalk
shall be kept free of vegetation, debris, and algae to allow unrestricted water flow.
6. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be
tested for security and refastened as necessary. Missing or damaged grates shall be
reported to City representative.
7. All barbecue grills shall be emptied of all ashes weekly.
8.1 Landfill Diversion
Contractor shall be responsible for the recycling of all green waste generated from maintenance
operations within the City. Green wastes shall be diverted from County Landfill to an approved
reclamation site and processed for recycling. Contractor shall submit a Landfill Diversion Report
(see Section 8000 Forms and Reports), upon request to the City.
End of Section 3000
Specific Project Requirements 3000-20
SECTION 5000
FERTILIZATION SCHEDULE
FREQUENCY SOURCE TIME OF YEAR
TURF:
No less than 2x/yr Commercial Fertilizer Winter (November 1 - end of March)
No less than 2x/yr Commercial Fertilizer Summer (May 15 - end of September)
SPORTS FIELDS:
No less than 8x/yr Complete Fertilizer November 1 — end to September
GROUND COVER/SHRUBS/SLOPES:
No less than 2x/yr Commercial Fertilizer February - October 15
Note: Avoid fertilization between October 15 and end of January.
TREES:
Trees shall be fertilized and aerated in accordance with the National Arborist Association Standard
for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current
edition.
Compliance with fertilization specification will be enforced by application inspections, bag counts,
and periodic soil analysis by independent soils laboratory.
Olive Trees shall be treated with Olive Stop when trees are in full bloom but before fruit set. More
than one spray may be needed.
Fertilization Schedule 5000-1
THIS PAGE INTENTIONALLY LEFT BLANK
Fertilization Schedule 5000-2
SECTION 6000
PERIODIC SERVICES
1.0 Services Due December through February
A. Turf areas that have at least one of the following weed grasses shall receive a long lasting
broad-spectrum pre -emergence herbicide between January 20, and March 1: Crabgrass;
Dallisgrass; Goosegrass; Kikuyugrass (Herbicide must be registered for use on the turf grasses and
weeds to be treated).
i. Follow directions on label of the herbicide. Apply evenly. Calibrate spreader or sprayer
before treatment to apply the right dosage.
B. Prune deciduous trees before buds emerge. Quality of pruning shall be as described in the
section on Pruning Quality Standards (Section 7000).
C. Prune ground covers back to established edge. Cut off and dispose of dead flower stems.
D. Prune the following as needed as to Pruning Quality Standards (Section 7000): Junipers and
Pines, December and January; Star Jasmine and other ground covers, limiting height to 2 feet in
February; Cotoneaster, Pyracantha for fruit removal; unlisted species as specified by the City.
2.0 Services Due March through May
A. Remove broadleaf weeds in lawns with selective post -emergence herbicide that is
registered to kill weed species growing in the turf grasses being treated.
B. Non -turf vegetation, (i.e., slopes, planters), with residues of weed seeds made last year, will
receive a broad-spectrum pre -emergence herbicide registered for target weed species. Check label
to be sure the chemical is safe for use on the ornamental species in the area.
i. Growing weeds shall be removed by any method before a pre -emergence herbicide is
applied.
C. Prune all plants overgrowing boundaries. One situation is vegetation -impeding traffic both
horizontally and vertically.
D. Pruning of the following shall be for size and shape control: Raphiolepis shrubs, remove
terminals of dead flower and fruits; Lantana in early March; Hibiscus after frost and before new
shoots; Acacia after flowering; cuts must be at a leafy bud. Naked stubs die back. Remove flush at
origin; unlisted species as specified by the City.
E. A broad-spectrum pre -emergence type herbicide may be applied for the prevention of weed
seed germination in turf grasses and ornamentals.
i. Apply only in areas that had seeding of weeds the previous year.
ii. The herbicide must be registered for use on turf grasses, ornamental plants, and weeds
to be treated.
F. In April, fertilize all turf areas.
i. Match fertilizer to soil and plant needs as determined by soil analysis.
ii. Immediately following distribution of chemicals, irrigate without flooding turf.
Periodic Services 6000-1
G. Any plant that does not produce new leaves before April 15, or new leaves at stem terminals
that are yellow between veins, shall be treated as follows: evenly apply soil sulphur on soil under
foliage at the label recommended rate. Apply a chelate ferrous compound on soil under foliage at
rate on product label. An injection kit shall be provided by Contractor for trees with chlorotic or
sparse foliage. Prevent stains by washing iron off hard surfaces.
3.0 Services Due June through August
A. Remove grass weeds in all turf grasses with the proper selective post -emergence herbicide.
Look for and eradicate any crabgrass, dallisgrass, goosegrass, kikuyugrass, etc. Contractor shall
determine which herbicides shall be used and communicate to the City before application.
B. Prune all plants, overgrowing boundaries. Provide for clearance of traffic.
C. Pruning of the following shall be for size, shape, and control as needed: Baccharis - dead
growth and plants; Daylily, Lily -of -the -Nile, dead flower stems; Diets for dead clumps and
competitive invasion of neighbors; Myoporum and Meleleuca, Rosemary, Pittosporum, and Xylosma
shrubs, if fruiting, remove; Unlisted species as specified by the City.
D. In all turf, small and enlarging patches of dying grass shall be treated for damaged cause by
pests eating roots or basal stems.
i. If injured turfcan be lifted like a piece of carpet, white or grey colored grubs will be seen
on soil. Treat surrounding area with an insecticide registered for grubs or billbug larvae.
ii. If there are no grubs, then Chinch bugs may be the cause. Shake turf bottom side up
over a newspaper. Tiny, black, and excited bugs will be seen. Treat area with an approved
insecticide labeled for Chinch Bugs.
4.0 Services Due September through November
A. Prune all plants overgrowing edges. Prune for traffic clearance in height.
B. Pruning of the following shall be for size and shape control. A need will be clarified by City
Inspector where there is doubt. The reference for need is in the Training and Pruning Quality
Standards in Section 7000: Ficus & Rhus, in September before winds; Callistemom; Natal Plum;
Oleander; Star Jasmine; Grevillea Trees; Unlisted species as specified by the City.
C. All non -sports areas of Bermuda grass shall be winter over -seeded.
D. Fertilize all winter grass turf areas.
5.0 Fred Wolff Nature Preserve Services Due May and November.
A. Fire Lane Maintenance - Clear weeds and debris as directed by City representative
behind residential homes to the fire lane from Madero to Tecate.
6.0 Services Due October and May
A. Install seasonal flowers at selected locations. Flowers selection to be provided by City
representatives.
End of Section 6000
Periodic Services 6000-2
SECTION 7000
PRUNING AND TRAINING QUALITY STANDARDS
A. Shrubs, herbaceous plants, and ground covers shall be pruned soon after the completion of a
flowering and fruiting cycle, if fruits are desired. Additional regular pruning is required such that no more
than 25% of the plant is removed during pruning.
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. Do not
trim off all foliage on one plane with hedge shears. Shearing is only for hedges, after thinning out
big, long shoots.
3. Prune to retain natural shape of plant, shape vary according to plant species. Some are
wider than tall like Tam or Pfitzerjunipers. Some are upright like Xylosma and Photinia. There shall
be no flat, square tops or unnatural forms.
4. Use of powered hedge trimmers is not allowed except for ornamental grasses and
designated hedges.
B. Prune trees to maintain their characteristic shape, density, and texture. The natural appearance is
an open, light textured perimeter or new foliage. The greatest density is in the interior and lower half. The
center of gravity, or location of mass, is close to the center and close to the ground. This distribution fits a
tree to withstand strong winds. Do not thin or "lace out" dense foliage except the outside branches. This is
defoliation. Roots could die and create a weak tree that may die or blow over.
C. Prune out branches extending beyond the shape (foliage perimeter) of a tree. Prune to control size
and shape. Bare scaffold branches with foliage only at ends will break in wind.
1. Cuts shall be inside perimeter of foliage almost flush with a parent branch. No butts or stubs
are permitted. Old stubs with an outgrowth of multiple shoots shall be removed.
D. Prune off lower branches high enough for traffic clearance.
E. Cut out dead, crossing, and rubbing branches.
F. Undercut branches over 2" in diameter before final cut is made close to a scaffold (main) branch.
Shredded, torn, or ripped branches shall be re -cut cleanly.
G. An exposed wound, as where a branch was removed, shall remain exposed. Do not paint or apply
any substance on a wound. It heals faster, with less disease, than a covered wound.
H. Trees close together shall be separated by removal of intermingling branches. The exception is a
large hedge or windbreak consisting of one species.
I. A young tree unable to stand upright in a seasonal wind shall be double staked. A tree too heavy for
support by stakes shall have three equally spaced wire ties to immoveable stakes. The wire shall be on a
450 angle with the tree trunk.
Ties and wires shall always be tight and in place between stakes or tree trunk.
2. Loosen ties that are so tight they are almost starting to girdle a branch or trunk.
3. An immoveable trunk in wet soil is an indication it can stand without support. Therefore, the
stakes and wires should be removed for the tree to support itself.
Pruning and Training Quality Standards 7000-1
End of Section 7000
Pruning and Training Quality Standards 7000-2
SECTION 8000
REPORTS AND SCHEDULES
The Contractor, as part of this agreement, will submit reports and schedules as requested. Failure
to submit reports and schedules in the time specified will result in a delay of monthly payments or a
Performance Deficiency Deduction (Form 1). Such reports must be detailed and thorough and may
include but not be limited to the following:
A. Suggestions for improving problem areas.
B. Reports of work planned.
C. Cost information to perform extra work for upgrading specific areas.
D. Pesticide Use Reports.
E. Landfill Diversion Reports (Form 2).
F. Weekly Maintenance Schedule(s). Contractor shall provide a weekly landscape
maintenance schedule and/or weekly irrigation maintenance schedule (Form 3).
G. SB1383 Reporting (Form 4)
H. Arborist's Tree Condition Report (form 5)
Reports and Schedules 8000-1
Reports and Schedules 8000-2
CITY OF LA QUINTA
PERFORMANCE DEFICIENCY DEDUCTION
Notification to:
FORM 1
Date: Time: Method:
The following performance deficiency(ies) has been observed and requires immediate attention to
correct.
Location/Description:
Value of Deduction:
City representative to check deficient items and comment below.
1. Lack of compliance to Specifications. $200 per incident per day.
2. Failure to provide adequate equipment. $200 per incident per day.
3. Failure to protect public health and/or correct safety concerns. $200 per occurrence.
4. Failure to comply with water restrictions. $200 per occurrence.
5. Major irrigation deficiencies not corrected in time frame. $200 per occurrence.
6. Failure to provide requested reports and schedules (Section 8000). $200 per
occurrence.
7. Failure to provide requested Landfill Diversion Report forms. $200 per occurrence.
8. Other
Please initiate the necessary corrective action(s) and notify the City when complete for re-
inspection.
Parks Superintendent
Public Works Deputy Director
Reports and Schedules 8000-3
Reports and Schedules 8000-4
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)
FORM 2
Reports and Schedules 8000-5
Reports and Schedules 8000-6
FORM 3
CITY OF LA QUINTA
WEEKLY MAINTENANCE SCHEDULE
Landscape Maintenance Area
(Location)
Day of
Week
Equipment
and Material
Used
Type of
Work
Status
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Report Comments:
Reports and Schedules 8000-7
Reports and Schedules 8000-8
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.
Reports and Schedules 8000-9
Reports and Schedules 8000-10
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:
Reports and Schedules 8000-11
End of Section 8000
Reports and Schedules 8000-12
APPENDIX
PARKS AND CIVIC FACILITIES DETAILS
Park Facility
Turf
Shrub
Irrigation
Trees
Maxicom
Play
Trash
Ground
or IQ
Equip
and
Cover
Receptacles
1
Adams Park
36,920
29,028
65,948
X
X
X
X
(44425 Adams Street)
2
Bear Creek Trail (Avenida Carranza to Calle
X
X
X
X
X
Tecate) curb to curb/fence between Carranza
and Ensenada, then trail and 30 feet east
and to fence west
3
North Bear Creek Trail Head
25,357
54,637
79,994
X
X
x
(Tampico/Eisenhower)
4
Nature Preserve
X
X
X
x
(Ensenada to Chillon)
5
Civic Center Campus
232,048
26,120
258,168
X
X
X
(78495 Calle Tampico)
Park
City Hall
X
X
X
X
X
X
Library
X
X
X
X
X
X
Wellness Center
x
x
x
x
x
x
La Fonda Open Area
x
x
x
x
x
Tampico
X
X
X
X
6
Colonel Mitchell Paige Middle School Sports
403,415
X
X
Fields (Washington Street/Palm Royale
Drive)
7
Cove Oasis
62,400
62,400
X
X
X
Trailhead
(above Calle Tecate)
8
Entryway
X
X
X
X
X
(Calle Tecate and Avenida Madero)
9
Parking Lot
X
X
X
X
X
(Calle Tecate and Avenida Bermudas)
10
Desert Pride Park
31,607
14,316
45,923
X
X
X
X
(Bayberry Lane/Birchcrest Circle)
11
Eisenhower Mini Park
2,027
10,484
12,511
X
X
X
X
(53490 Eisenhower Drive)
12
Fred Wolff Bear Creek Nature Preserve
x
x
x
x
(West side of Avenida Montezuma; & Fire Lane)
13
Fritz Burns Park and Dog Park
120,000
30,000
150,000
X
X
X
X
(78107 Avenue 52)
14
La Quinta Park
536,730
43,720
580,450
X
X
X
X
(79120 Blackhawk Way)
15
Monticello Park [Excluding Retention Basin]
151,650
24,500
176,150
X
X
X
(Jefferson Street/Fred Waring Drive)
16
Museum
X
X
X
X
(77885 Avenida Montezuma)
17
Lumber Yard
x
x
x
(77895 Avenida Montezuma)
Park Facility
Turf
Shrub
Irrigation
Trees
Maxicom
Play
Trash
Ground
or IQ
Equip
and
Cover
Receptacles
18
Pioneer Park and Dog Park
127,408
X
127,408
X
X
X
(Seeley Drive/Miles Avenue)
19
Saguaro Park
2,241
X
2,241
X
X
X
X
(Saguaro Road/Bottlebrush Avenue)
20
Seasons Dog Park
44,070
2,900
46,970
X
X
X
(Cloud View Way)
21
Sports Complex
685,000
X
685,000
X
X
(78900 Avenue 50)
22
Velasco Mini Park
3,600
1,800
5,400
X
X
X
X
(Calle Temecula/Avenida Velasco)
23
X-Park
X
X
X
X
X
X
(Black Hawk Way & Dune Palms)
APPENDIX
RETENTION BASINS/OTHER AREAS DETAILS
Retention Basins/Other Areas
Turf
Shrub /
Irrigation
Trees
Maxicom
Trash and
Ground
or IQ
Receptacles
Cover
1
Youth Center (YMCA)
15,628
X
15,628
X
X
(Moon River Dr. and Ave. 50)
2
Perimeter — Moon River east side LS
X
X
X
X
West side trees
(North of Ave 50)
3
Retention Basin - Adams Park
66,247
58,603
124,850
X
X
X
(44425 Adams Street) Turf inc #1
4
Retention Basin — Seasons
140,308
X
140,308
X
X
X
(Cloud View Way)
TOTALS:
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y. C 58TH AVENUE
Maintenance and Operations Department Public Works/Engineering Department Date: March 27th, 2024
Maintenance Division Engineering Division
Contact: Tony Ulloa, Deputy Director GIS Contact: Ubaldo Ay6n, Assistant Construction Manager This map is for reference only.
Email: tulloa@laquintca.gov Email: uayon@laquintaca.gov
0 0.25 0.5 0.75 1
Direct Tel. (760) 777 - 7026 Direct Tel. (760) 777-7051 Miles
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52ND AVENUE
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54TH AVENUE
3 �
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Greg Norman Golf Course
/\ Tiburon-pr� �I I
AIRPORT BLVD.
Quinta Golf
�Coures_e
Th_ ey�llage
at the Palms
The Palms Golf
Club
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62ND AVENUE
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ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
(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)
$2,000,000 (per occurrence); $4,000,000 (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)
$1,000,000 (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
taa�
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. I SIGNATURE INDICATING RECEIPT