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Riverside Co/Palm Desert/Washington Median 01wnUaCt NO. n /�I Rflre Ide Co. Transportation Contract No. C18570 AGREEMENT BETWEEN THE CITY OF PALM DESERT, THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIMIVE D FOR OPERATION AND MAINTENANCE OF RAISEI?.MFDlJ N �,., IG, L3 LANDSCAPING AND IRRIGATION CITY 071-% OUINT*01 THIS AGREEMENT is entered into as of this ath daycotf Y ajf-6'hK'S OFFkVW, by and between the City of Palm Desert, a municipal corporation ('Palm Desert"), The City of La Quinta, a municipal corporation ("La Quinta") and the County of Riverside a municipal corporation, ("County"). RECITALS WHEREAS, Washington Street is a major roadway bisected by the boundary lines between Palm Desert, La Quinta, and the County, and WHEREAS, significant developmenton the lands adjacentto eitherside of Washington Street necessitates the use of raised medians for traffic control, and WHEREAS, said raised medians include, or will include, publicly financed landscape and irrigation improvements, and WHEREAS, said median landscape improvements will require regular operation and maintenance, and WHEREAS, Palm Desert has the capability to provide for operation and maintenance of said median landscape improvements, and WHEREAS, Palm Desert, La Quinta and County find it desirable to jointly finance the cost of operating and maintaining said median landscape improvements, NOW, THEREFORE, the parties mutually agree as follows: General. a. The foregoing recitals are true and correct. b. All exhibits referred to hereinafter are hereby incorporated into and made a part of this Agreement. 2. LOCATION. The landscape improvements ("median landscape improvements') to be operated and maintained under the terms of this Agreement are located on raised medians situated generally along the centerline of Washington Street; from its intersection with Fred Waring Drive, thence north to its intersection with Country Club Drive as shown on attached Exhibit A. Contract No. C18570 3. OPERATION AND MAINTENANCE. a. Utilities. Palm Desert shall provide water service for irrigation to the medians. Electrical service is not required or provided. b. Maintenance. Palm Desert shall provide for median landscape maintenance through contract services in accordance with its Specifications for Landscape Maintenance Services for Consolidated Maintenance Area Number 4, attached as Exhibit B. Palm Desert will arrange with the Contractor's insurance company to include La Quinta and the County as an additional insured for that portion of work on Washington Street. C. When the immediate repair or replacement of any of the median landscape improvements is necessary to ensure the public safety and welfare, such circumstances will be deemed an operational emergency. In the event of such an operational emergency, Palm Desert shall have 24 hours to initiate repairs following discovery the or upon notice from La Quinta or County. If Palm Desert fails to initiate and diligently complete such repairs in a timely manner, La Quinta or County may direct its forces to perform such work as necessary to correct the problem and to immediately place the facility back in operational condition. If such procedure is implemented La Quinta or County will deduct all expenses incurred for the repairs from its share of all costs incurred by Palm Desert for the operation and maintenance of said median landscape improvements. 4. MAINTENANCE COST SHARING. Except as hereinafter provided, La Quinta shall reimburse Palm Desert for twelve and one half percent (12.5%) and County shall reimburse Palm Desert for thirty seven and one half percent (37.5%) of all costs incurred by Palm Desert for the operation and maintenance of said median landscape improvements pursuant to and in accordance with terms of this Agreement as shown on Exhibit C. These costs include, but are not limited to, the following: water landscape contract irrigation system repair/modifications shrub and tree pruning tree staking and replacement pest control fertilization decomposed granite - raking, replacement and renovation boulder and cobble repair/replacement hardscape repair/replacement trash and sand removal signage repair/replacement 2 Contract No. C18570 5. SUBMISSION OF BILLS FOR OPERATION AND MAINTENANCE. Palm Desert will submit reimbursement bills to La Quinta and County quarterly or in such other periodic sequence as may be agreed to in advance by the Finance Directors of Palm Desert, La Quinta and County. Bills for less than Five Hundred Dollars ($500.00) shall not be submitted more than once each quarter. Bills must be submitted promptly following the close of the corresponding billing period and shall be promptly paid by La Quinta and County. Palm Desert shall maintain, on a generally accepted accounting basis, complete and accurate records that support all billings. These records shall be made available to La Quinta and County at reasonable times for review and shall be retained for a period of three (3) years after payment of said billings. 6. NOTICES. Any and all notice, reimbursement bills and payments sent or required to be sent to the parties to this Agreement will be mailed to the following addresses: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Richard J. Folkers, Assistant City Manager for Development Services City of La Quinta Post Office Box 1504 La Quinta, CA 92253-1504 Attn: Chris A. Vogt, Public Works Director/City Engineer County of Riverside County Administrative Center 4080 Lemon street, 8th Floor P. O. Box 1090 Riverside, CA 90502-1090 Attn: David Barnhart, Director of Transportation LEGAL RELATIONS AND RESPONSIBILITIES. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement. Each party hereto shall indemnify, defend and hold the other party and its officers, agents, servants and employees harmless from any and all liabilities, claims, demands, debts, suits, actions and causes of actions, including but not limited to, property damage, personal injury or wrongful death, arising out of or in any manner connected with any act or omission of such indemnifying party hereunder, or its officers, agents, servants or employees, done or performed pursuant to the terms and provisions of this Agreement. 8. TERMINATION. With the mutual consent of all parties, this Agreement may be terminated with a 30-day written notification. Contract No. C18570 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date first written above. CITY OF PALM DESERT Assistant City Manager for Development Services CITY OF LA QUINTA THOMAS P. GENOVESE City Manager COUNTY OF RIVERSIDE RECO NDED FOR APPROVAL: BY Y d�zj Dated DAVID E. BARNHART Director of Transportation APPROVAL BY THE BOARD OF SUPERVISORS: Q w:V1 Dated JIM VENABLE Chairman, Board of Supervisors CI SHEILA R: GILLIOP)N, City Clerk APPROVE,PAS TO FORM: BY DAVID . ERWIN, City Attorney ATTEST: APPROVED AS TO FORM: BY M.-KATHERINE JE SON City Attorney APPROVE S TTO/FORM: � BY Dated WILLIAM C. KATZENSTEIN County Council ATTEST: L F_ s ,l DatedMAY GERALD D. MALONEY Clerk of the Board EXHIBIT A AREA MAP EXHIBIT B SPECIFICATIONS FOR LANDSCAPE SERVICES GENERAL TERMS AND CONDITIONS BUSINESS TAX The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained before any business or trade is conducted within the City. Verification that the bidder has a valid City of Palm Desert Business Tax Receipt will be obtained by City prior to the execution of the contract. CONTRACT REQUIREMENT The bidder to who award is made shall execute a written agreement with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in this proposal. The agreement shall be made in the form adopted by the City and incorporated in the specifications. FAILURE TO ACCEPT CONTRACT If the bidder to whom the award is made fails to enter into the contract, the award will be annulled, and an award may be made to the next lowest responsible bidder, and that bidder shall fulfill every stipulation as if it were the party to whom the first award was made. LABOR ACTIONS In the event that the selected bidder is experiencing a labor action at the time of the award of the contract (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest responsible bidder and to accept the next acceptable low bid from a bidder that is not experiencing a labor action, and to declare it to be the lowest responsible bidder. WORKER'S COMPENSATION COVERAGE The Contractor shall procure and maintain, during the life of the contract, workers' compensation insurance for all his or her employees engaged on or at the site of the project; and in case any of the work is sublet, the Contractor shall require all sub -contractors to similarly provide worker's compensation insurance by protection afforded by workers' insurance carried by the Contractor. INSURANCE COMPLIANCE REQUIREMENTS The Contractor shall furnish City satisfactory proof of full compliance with all insurance requirements prior to execution of the contract on forms herein provided. The Contractor shall submit Certificate(s) of Insurance which must indicate which policy covers each insurance item and be for at least the scope and amount of coverage for each item as follows: Comprehensive General Liability, including but not limited to: General Bodily Injury $1,000,000 C.S.L. General Property Damage Auto Bodily Injury Auto Property Damage Fire and Extended Coverage on the Entire Work at the Site to the Full Insurable Value Thereof Must include broad form contractual liability coverage for subcontractors as well as general contractors. The City, its officers, agents, and employees need to be added as additional insured. The policy shall provide that the policy is not subject to material modification or cancellation until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the City of Palm Desert, City Clerk, 73-510 Fred Waring Drive, Palm Desert, CA 92260, and shall contain an unequivocal clause so stating. CONTRACT ASSIGNMENT The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity or any kind without the previous written consent of the City Council of the City of Palm Desert. NON-DISCRIMINATION In the performance of the terms of this contract, the Contractor agrees that it will not engage in, nor will it permit its sub -contractors to discriminate in the employment of persons because of age, race, color, sex, national origin or ancestry, or religion. LOCAL OFFICE The Contractor shall maintain a local office with a competent representative that can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the City. A local office is one that can be reached by telephone without it being a toll call. An answering service or mobile telephone shall not fulfill the requirement for a local office. PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing on schedule all work required under this contract. CONTRACTOR IDENTIFICATION The Contractor shall insure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used on the project shall also be identified, at a minimum, with the company name on the vehicles. PAYMENT TERMS The Contractor shall be paid monthly, in arrears, for the work specified and performed satisfactorily under this contract. The City's payment terms are thirty (30) days from the receipt of an original invoice, revised reports and acceptance of materials, supplies, or services (Net 30). PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT The City of Palm Desert has set up very specific criteria in which to evaluate the performance of the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves the right to subtract a cost from the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, the City shall implement a standard $100 cost per incident. The following describes deficiencies: Lack of compliance to specifications, i.e., failure to adequately mow, edge, litter pick, sweep/rake, weed, prune, remove dead plant material, etc. 2. Failure to provide specified reports or to falsify reports. Failure to supply adequate equipment, labor or supervision. 10 4. Failure to repair irrigation deficiencies in the allotted time frame. Failure to comply with schedules. Variances may be approved by request. Delays in part acquisition or adverse weather conditions will be taken into consideration. 6. Failure to protect public health and safety. SEVERABILITY If any term, provision or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 11 SPECIFIC TERMS AND CONDITIONS CONTRACT LOCATIONS Country Club Drive medians, between Washington Street and Monterey Avenue. Cook Street medians, between Frank Sinatra Drive and Hovely Lane East. Frank Sinatra Drive medians, between Eldorado Drive and the medians fronting the Kaufman and Broad development. Hovely Lane East medians, between Corporate Way and Beacon Hill. Via Cinta Median, from Hovely Lane East to end. Eldorado Drive median, from Country Club Drive to Hovely Lane East. Dinah Shore Drive medians, from Monterey Ave. west to city limits. Washington Street medians, from Country Club Drive to Fred Waring Drive. Avenue of the States medians, from Washington Street to Michigan Avenue. SCHEDULING OF WORK The contractor shall provide a weekly schedule in accordance with the Palm Desert Municipal Code, pertaining to work hours. Maintenance and operation of equipment shall be performed only during the time periods as follows: October 1 to April 30 Monday - Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May 1 to September 30 Monday - Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. The contractor shall notify the City at least 24 hours in advance of any work outside the hours defined above. Emergency work directed by the City is not impacted by these restrictions. 12 SCOPE OF SERVICES Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations at the level of maintenance and service defined by the City, for a period of one year. The work shall include, but is not limited to, proper maintenance of all landscape material and hard scape structures as designated; weekly inspection of irrigation system and expedient implementation of necessary adjustments and repairs; weed and pest control; litter and trash removal. SPECIFIC SERVICES TO BE PERFORMED Litter Control A. The removal of all trash, such as paper, cans, bottles, broken glass, dog droppings and any out of place or discarded items. B. The removal of dried plant material , such as hanging or fallen tree limbs, leaves, branches, dried up and/or dead plant material and wood pieces. C. The Contractor shall perform litter removal on a weekly basis and identify in their weekly schedule, approximate time frames for performing this function. D. All surfaces will be raked or swept after litter and/or weeds are removed. E. All refuse shall be placed by the Contractor in a refuse container or taken to the sanitary landfill at the Contractors expense. Green waste shall be disposed of in a manner identified later in this section. Sidewalk Cleaning Contractor shall inspect and clean accumulated sand, gravel and plant clippings and debris off all sidewalks. Weed Control A. Planters, gravel areas, sidewalks, expansion joints and underneath plant material and trees shall be kept free of grass and weeds. B. The Contractor shall perform removal on a weekly basis and identify in their weekly schedule, approximate time frames for performing this function. C. All surfaces shall be raked and/or swept after weeds are removed. 13 D. Chemical herbicide control is the responsibility of the Contractor, at no cost to the City. If the City requests additional herbicide application, the Contractor shall perform such spraying at no additional cost to the City if control is not maintained as specified. Preventative weed control, such as pre -emergent herbicides, is the responsibility of the Contractor. The City will receive a one year plan to be submitted by the Pest Control Advisor before chemical application begins. E. Submitted with their weekly checklists, the Contractor shall complete and furnish a herbicide spray log to the City. The log shall identify the type of herbicide used, location sprayed, weed controlled, provide copies of labels and application rates. The City will require proof of California State Applicators license by the person(s) performing this function. The Contractor shall obtain necessary permits and licenses to comply with City, County, State or Federal laws for using pest control chemicals. F. The contractor shall be responsible for the results of application of all chemicals and will be responsible for plants killed or damaged by the use of these chemicals. Insecticide/Funeicide Application and Pest Control A. The Contractor shall provide complete and continuous control and/or eradication of all plant pests and diseases at no extra cost. The Contractor shall provide control and/or eradication of other landscape pests, such as gophers, snails and ants. Preventative fungicide shall be applied as necessary. The contractor shall obtain necessary permits and licenses to comply with City, County, State or Federal laws for using pest control chemicals. The City will require proof of California State Applicators license by person(s) performing this function. B. Contractor will assume responsibility and liability for use of chemical controls. C. The Contractor will be responsible for tree and plant replacement, at no cost to the City, that is caused by infestation , fungus or disease. D. Submitted with their weekly checklist, the Contractor shall complete and furnish a pesticide application log to the City. The log shall have the following information included: 1. The pest to be controlled. 2. Method of control and type of pesticide. 3. Copies of the product labels. 4. A frequency schedule. 5. Application rates. E. The Contractor shall be responsible for the application of all chemicals and will be responsible for plants killed or damaged by the use of these chemicals. 14 Plant Maintenance A. All plant material shall be maintained as needed to prevent obstruction to vehicles or pedestrians. Shrubs shall be maintained on medians to create adequate line - of -sight vision for vehicles. All vegetation shall be maintained so the material does not overgrow its designated growth perimeter or encroach onto sidewalks or curbs. B. Plant material is to be pruned in a manner that is described as a two-step naturalistic pruning procedure. Natural pruning will be consistent with guidelines described on page 7 of the City of Palm Desert's "Landscape Maintenance Guide" Shrubs will not be pruned into globes or ornamentally without permission by the City. C. Dead material should be pruned from plants as they occur. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one week. D. For consistency, all plant material shall be pruned in accordance with the City of Palm Desert's "Landscape Maintenance Guide" booklet. This book provides pruning techniques, watering requirements and a calendar for ideal maintenance timing. This book is meant to be a visual guideline for the Contractor. The City may, at its own discretion, alter time lines or techniques as the City deems necessary. The Contractor shall be responsible for replacing plant material, at no cost to the City, that dies after acceptance of the contract due to neglect, lack of maintenance or improper care. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract. Tree Maintenance A. Trees shall be pruned as needed to remove broken or diseased branches, or for traffic and pedestrian safety. Sidewalk clearance will be seven feet and vehicular clearance fourteen feet. Any broken, structurally unsound or detached limb is considered a hazard. Suckers will be removed as they appear. B. All juvenile trees under 15 feet will be pruned once a year unless otherwise directed by the City. All trees over 15 feet will be pruned on a separate contract. Trimming and pruning of palm trees is also not part of this Agreement. Dead palm fronds, however, shall be removed from palm trees under 15 feet as soon as they appear. Timing for juvenile tree pruning will be designated by the City. 15 C. It is the Contractor's responsibility to conduct a pruning program consistent with current and applicable International Society of Arboriculture (ISA) and American National Standards Institiute(ANSI) standards to promote proper form, strength, health and appearance for juvenile trees under 15 feet. All pruning will be under the direction -.of the Landscape Manager and/or the Landscape Inspector. No pruning will be performed without onsite inspection by City staff. It is the contractor's responsibility to notify the City before work begins. D. No topping of trees will be allowed. E. The contractor shall be responsible for all tree staking. Ties will be monitored to prevent girdling. Remove ties and stakes as directed by the City. Broken stakes are to be replaced as required. No wire tree ties will be used. F. All debris from pruning, trimming and tree maintenance shall be removed by the Contractor the same working day as accumulated. G. The Contractor shall be held responsible for any damages done to trees due to poor management procedures. The Contractor shall replace trees, at no cost to the City, that die after acceptance of the contract due to neglect, lack of maintenance, infestation or improper care. H. Any plants broken or damaged as a direct result of storm damage, wind, accident or vandalism shall be trimmed or replaced within 24 hours of notification. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance, shall be reimbursable as an extra cost. Turf Maintenance A. All turf areas shall be mowed and edged weekly. Cut turf to a height of approximately one inch. All clippings shall be removed. Contractor shall provide equipment and labor that will facilitate mowing and clipping removal for each designated area in one day. B. Contractor will ensure a proper watering schedule to give the turf a continuous, healthy appearance. Watering in some recreational areas will be restricted to evening hours. Additional watering hours will be allowed during the summer months at times when recreational areas are at non -peak use. C. Mechanical aeration shall be performed at least twice a year and additionally, as often as required to promote a healthy appearance. Aerify to a minimum of two inches into the soil. All plugs are to be collected and removed. 16 D. Trimming and edging shall be performed at each mowing around walls, buildings, curbs, sidewalks, mow strips, paved areas, valves, etc. E. Chemically edge around trees within an eight inch radius from the trunk, using care not to damage the trunk or roots. F. Renovation and over seeding will be performed to a schedule designated by the City. The schedule will be designed to ensure a completely established stand of turf by the first weekend in November. Renovation and over seeding will be in accordance with the following methods: Cut back on watering two weeks before dethatching. Cut grass lower after first week. One week before renovation, water will be turned off entirely in turf areas. Renovation will begin after bermuda becomes dormant. All clippings will be vacuumed after each cut. 2. Aerify after bermuda is renovated and collect plugs. 3. The Contractor will request a City representative to perform an inspection before rye seed is applied. The City will verify proper renovation, aeration and irrigation coverage prior to seeding. 4. Over seeding shall be fully completed by the first week of October. Only certified pure perennial seed will be used. The City shall supply the seed. Application rate shall be approximately 12 lbs./1000 square feet. Contractor will monitor irrigation to ensure coverage at all times. Seed needs to be kept moist at all times during germination. Watering will be done in short five to ten minute cycles, four to six times a day. 6. Fertilize after first cut with Endure 15-15-15 slow release or equal at the rate of 6.5 pounds per 1000 square feet.. Modify watering times after second cut to seasonal durations. 8. All costs for labor and equipment shall be included in the contractual price. 17 Irrigation Maintenance The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate which closely matches the demands of plants and turf with little or no runoff. Plant health, roadway safety and water conservation are the primary reasons for proper irrigation maintenance. Contractual requirements shall be adhered to very strictly by the Contractor. The format for inspection and repairs are as follows: The entire irrigation system, including all components beginning at the meter, shall be maintained in an operational state at all times. This coverage shall include, but not be limited to, all controllers, valves, back flow devices, piping, electrical wiring, heads and emitters. 2. All irrigation systems shall be tested at a minimum of once a week. A weekly report shall be filled out and submitted to the City listing locations, time and date of inspection and subsequent results. Contractor shall prepare a schedule of when and where these irrigation checks will take place. 3. All systems shall be kept in adjustment to ensure adequate coverage, prevention of excessive runoff or erosion, match evaporation rates and limit hazardous conditions. Adjustments shall include, but not be limited to, actual head adjustment, cleaning and flushing of heads and lines, and removal of obstructions. Costs for adjustments shall be included in contractual costs for operation and maintenance of the irrigation system. 4. All damage resulting from Contractor's operations, including, but not limited to Contractors failure to properly maintenance the system, shall be repaired or replaced prior to the end of the work day at the Contractor's expense. Repairs to the irrigation system shall be divided into two categories as follows: A. Minor repairs shall include pipes one inch in diameter and smaller, risers, exposed electrical connections, washers, diaphragms, adjusting pins, wiper seals and other small parts. The costs for minor repairs shall be included in the contractual costs for operation and maintenance of the irrigation system. B. Major repairs shall include pipes greater than one inch in diameter, controllers, backflow and pressure regulators, mainline control wires, valves and heads/emitters that cannot be repaired through minor part replacement. The cost for major repairs shall be considered extra services and charged based on prearranged contractual unit labor and material costs. IM 6. Major repairs to the irrigation system shall be accomplished within 24 hours after Contractor receives written approval from the City. When major irrigation damage is discovered, the Contractor will, within 24 hours, submit an estimate form showing approximate material costs and not to exceed costs for labor. This form shall be signed by the Contract Administrator if appropriate and serve as written approval. The City will perform spot inspections of the irrigation system to ensure accuracy of the Contractor's inspection reports. If discrepancies are found, the City shall construe this as a performance deficiency and implement a payment reduction as specified in the section pertaining to Performance Deficiencies and Reduction of Payment. The City reserves the right to supply any or all parts for irrigation repairs. If parts are provided by the Contractor, then the City shall be billed by the Contractor at a rate of 10% above the wholesale costs. 9. The Contractor shall return irrigation parts that have been replaced due to damage or malfunction to the City's Maintenance Yard. 10. The Contractor shall adjust sprinkler head and valve boxes to a level that will prevent damage by maintenance equipment or pedestrian traffic, Damage caused by improper height adjustment will be repaired by the Contractor at no cost to the City. 11. All damage to plant material or turf areas due to improper irrigation maintenance shall be the Contractor's responsibility. 12. The Contractor shall be responsible for all damage done to irrigation heads or valves due to improper operation of vehicles or equipment. 13. The Contractor shall provide personnel fully trained in all phases of irrigation operation, adjustments and repairs for irrigation systems used within the City. The Contractor shall provide personnel proficient in current water management concepts. The Contractor shall provide personnel capable of communicating with City inspectors at a professional level of English. Fertilization All turf areas shall be fertilized at an interval of no greater than 90 days. Ground covers, shrubs and other plant material shall be fertilized at least twice a year or as needed. Trees shall be fertilized under the direction of the City Arborist. The City will designate timing and type of fertilizer used. All fertilization costs shall be included inihe contract. 19 Compliance with fertilization specifications will be enforced by application inspections, bag counts and periodic soils analysis. The Contractor shall specify fertilizer application on weekly checklists and identify type, application rate and date of application. EXTRA WORK During the course of the contract period, additional services, labor and materials, beyond those specified in the contract may be required and performed on a time and material basis. Such work will be billed as the actual cost of labor and the wholesale cost of materials plus ten percent. The City and Contractor, at the inception of the contract, will assess the actual costs of labor and equipment and arrive at a mutually agreeable unit price for this function. The Contractor shall submit a request for extra work, identifying estimated material costs and a not to exceed labor cost, before commencing work. The Contractor must have a signed authorization before payment can be made. The Contractor shall provide twenty four (24) hour emergency service, with prompt correction or mitigation of emergency damage when notified of an occurrence. An emergency that is causing a hazard to the public or property must be responded to within one (1) hour. Failure to do so could result in monetary deductions from the monthly billing. Any work performed between 4:00 p.m. and 6:00 a.m. Monday through Friday and all day on Saturday or Sunday shall be considered emergency service. Response to emergency service shall be paid at a rate of $25.00 per hour. Work should be limited to the level required to mitigate an emergency and further repairs shall be completed during normal working hours. Extra work will be a separate item from normal contractual duties. The Contractor is expected to complete the contractual duties as specified on schedule and extra work shall not interfere with or delay these duties. SAFETY Contractor shall comply with the State of California and Cal -OSHA Safety Rules and Regulations. Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. If work along street medians will require the closure of a lane of traffic, the Contractor shall notify the City at least 24 hours in advance and comply with procedures outlined in the Cal -Trans Manual (page 5-48, figure 5-9, "Typical Lane Closures") COMPOSTING OF GREEN WASTE Contractor shall compost all appropriate green waste removed from City landscape areas, at an approved facility where green waste in converted to a usable soil amendment. Contractor shall submit in their weekly reports a listing of the landfill site used and a gross weight slip from the facility. WEEKLY REPORTS The Contractor, as part of this agreement, will submit reports and schedules as requested. Failure to submit reports and schedules in the time specified may result in a Performance Deficiency Deduction. The City will supply the format for these forms. Such reports must be filled out in detail. The following is a breakdown of required forms and schedules: Schedule of weekly maintenance. A. Contractor shall provide a schedule of weekly maintenance identifying areas to be maintained and a breakdown of when each function shall be performed. B. The City will assume that the Contractor will adhere to the schedule. Notification of changes must be received by the City at least 12 hours in advance. 2. Weekly irrigation inspection report. This will be turned in every Friday. Weekly activity report indicating the following: A. Litter pick. B. Weed control C. Chemical maintenance - herbicides and pesticide applications D. Incident/Accident E. Turf maintenance 21 4. Landfill diversion report. Fertilization The contractor shall submit these reports as they are completed. Weekly reports shall be filled out by Friday of every week. Monthly payment shall not be disbursed unless all reports have been submitted to the City. PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT The City of Palm Desert has set up very specific criteria in which to evaluate the performance of the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves the right to subtract a costs from the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, the City shall implement a standard $100 cost per incident. The following describes deficiencies; Lack of compliance to specifications, i.e., failure to adequately mow, edge, litter pick, sweep/rake, weed, prune, remove dead plant material, etc. 2. Failure to provide specified reports or to falsify reports. Failure to supply adequate equipment, labor or supervision. 4. Failure to repair irrigation deficiencies in the allotted time frame. 5. Failure to comply with schedules. Variances may be approved by request. Delays in part acquisition or adverse weather conditions will be taken into consideration. 6. Failure to protect public health and safety. SEVERABILITY If by any term, provision or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 22 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this _ day of June 2000, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on the CITY invited bids for landscape maintenance services for City maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be from July 2000 through June 30, 2001 or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum ($) as set forth in the Contract Documents and adopted by the CITY. (3) CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. 23 (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees tc defend, indemnify, and hold harmless CITY, its officials, officers, employees, representatives, and agents, from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with the performance or non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the CITY. (6) TERMINATION. If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of CONTRACTOR's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY's Notice of Termination, minus any offset from such payment representing the CITY's damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. 24 (7) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms and Conditions; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos. ; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and CITY issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: Office of the City Clerk CONTRACTOR CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. 25 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT A Municipal Corporation CONTRACTOR BUFORD A. CRITES, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: SHEILA R. GILLIGAN, City Clerk CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO CONTENT: RICHARD J. FOLKERS, P.E. ASSISTANT CITY MANAGER/ PUBLIC WORKS DIRECTOR APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY 26 ATTACHMENTS 27 CITY OF PALM DESERT CONTRACT#17690 ACTIVITY REPORT FOR WEEK ENDING LOCATION DATE TESTED STATUS COUNTRY CLUB MEDIANS COOK STREET MEDIANS FRANK SINATRA DRIVE MEDIANS HOVELY LANE EAST MEDIANS VIA CINTA MEDIANS ELDORADO DRIVE MEDIANS DINAH SHORE DRIVE MEDIANS WASHINGTON STREET MEDIANS AVENUE OF THE STATES MEDIANS CONTRACTOR WILL SIGN HERE TO CONCUR THAT WORK HAS BEEN COMPLETED CONTRATOR go CITY OF PALM DESERT CONTRACT #17690 ACTIVITY REPORT FOR WEEK ENDING LOCATION LITTER WEED CHEMICAL TURF FERTILIZATION PICK CONTROL MAINTENANCE MAINTENANCE COUNTRY CLUB MEDIANS COOK STREET MEDIANS FRANK SINATRA MEDIANS HOVELY LANE EAST MEDIANS VIA CINTA MEDIANS ELDORADO DRIVE MEDIANS DINAH SHORE DRIVE MEDIANS WASHINGTON ST. MEDIANS AVENUE OF THE STATES MEDIANS PLACE DATE WORK WAS COMPLETED IN BOX. FOR CHEMICAL MAINTENANCE OR FERTILIZATIO, SUBMIT A LOG SHEET AS STATED 1N THE CONTRACT. Contractor will sign below to concur that work has been completed. CONTRACTOR 29 EXHIBIT C LANDSCAPING COST SHARING Country Club Drive CITY OF PALM DESERT 50% Hovley Lane East I 4Pam D�I W»o,m�.mw G� \V '� O'�Ol ilF)aM COUNTY OF RIVERSIDE 37.5% Avenue 42 CITY OF -La OUINTA 1257. N Fred Waring Drive — City of Palm Wa**4on street LANDSCAPING COST SHARNG