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Bid Documents & Specificationscxu.,,-k cja-,,,-j BID DOCUMENTS SPECIFICATIONS CITY PROJECT NO. 2014-15 PARK LANDSCAPE MAINTENANCE SERVICES CITY OF LA QUINTA, CALIFORNIA PREPARED FOR: CITY OF LA QUINTA COMMUNITY SERVICES DEPARTMENT 78495 CALLE TAMPICO LA QUINTA, CA 92253 (760) 777-7026 APPROVED BY: �r MOTHY DNA S N PUBLIC WO S DI TORICITY ENGINEER R.C.E. No. 45843 Exp. Date: 12/31/16 DATE: � � 15 TABLE OF CONTENTS DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS 1100 Invitation to Bid 1110 Instructions to Bidders 1200 Bid 1205 Proposal 1210 Bid Proposal 1220 Bid Guaranty Bond 1230 Certification of Bidder's Experience and Qualifications 1240 Non -Collusion Affidavit 1250 Notice to Contractor 1300 Contract 1320 Payment Bond 1330 Workers` Compensation Insurance Certificate 1340 Liability and Insurance Requirements 1.0 Indemnification 2.0 Insurance Requirements 2.1 General 2.2 Commercial General Liability Policy 2.3 Workers' Compensation Insurance 2.4 Business Auto Policy 2.5 Excess or Umbrella Liability Insurance 2.6 Change in Terms 1400 General Conditions 1.0 General 1.1 Intent of Contract Documents 1.2 Discrepancies and Omissions 1.3 Headings 1.4 Penalty for Collusion 1.5 Successors and Assigns 1.6 Assignment to City 1.7 Rights and Remedies 1.8 Definitions 2.0 Administration 2.1 Administration of the Contract 2.2 Golf, Parks, & Facilities Manager 2.3 Consultants 3.0 City 3.1 General 3.2 Attention to Work 3.3 Inspection PAGE 1100-1 1100-3 1200-1 1200-3 1200-4 1200-5 1200-6 1200-8 1200-9 1300-1 1300-7 1300-9 1300-11 1300-11 1300-12 1300-12 1300-13 1300-13 1300-13 1300-.13 1300-17 1400-1 - 1400-1 1400-1 1400-1 1400-1 1400-2 1400-2 1400-2 1400-2 1400-2 1400-6 1400-6 1400-6 1400-7 1400-7 1400-7 1400-7 1400-7 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 1400-8 4.1 Office 1400-8 4.2 Contractor's- Representative 1400-8 4.3 Project Procedures 1400-9 4.4 Contractor's Employees 1400-9 4.5 Subcontractors 1400-9 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 1400-11 4.11 Laws to be Observed 1400-11 4.12 Safety 1400-14 5.0 Control of Work and Material 1400-14 5.1 Means and Method 1400-14 5.2 City -Furnished Materials 1400-15 5.3 Defective and Unauthorized Work 1400-15 5.4 Unnoticed Defects 1400-16 5.5 Right to Retain Imperfect Work 1400-16 6.0 Progress of the Work 1400-16 6.1 Beginning of Work 1400-16 6.2 Time of Completion 1400-16 6.3 Delays 1400-16 6.4 Temporary Suspension of Work 1400-17 6.5 Termination of Contract 1400-18 7.0 Changes in Scope of Work 1400-18 7.1 Change Orders 1400-18 7.2 Differing Site Conditions 1400-19 7.3 Resolution of Disputes 1400-19 8.0 Project Modifications Procedures 1400-23 8.1 Changes in Contract Price 1400-23 8.2 Negotiated Change Orders 1400-23 8.3 Force Account Payment 1400-24 9.0 Payment 1400-27 9.1 Scope of Payment 1400-27 9.2 Partial Payments 1400-28 9.3 Partial Payments - Inclusion of Material on Hand 1400-28 9.4 Right to Withhold Amounts 1400-28 9.5 Warranty of Title 1400-30 U 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 2000-1 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 a 2000-4 13.0 Water 2000-4 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 2000-6 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 2000-7 20.0 Special Requests 2000-10 N 21.0 Project Inspections 2000-10 22.0 Safety 2000-10 23.0 Traffic Control 2000-10 24.0 City's Right to do Work 2000-10 25.0 Cooperation/Collateral Work 2000-10 26.0 Protection of Property During Inclement Weather 2000-11 27.0 Protection of Existing Facilities and Structures 2000-11 28.0 City Liaison 2000-11 29.0 Method of Payment 2000-11 30.0 Work Not Included 2000-12 31.1 Contractor Neglect 2000-12 32.0 Sound Control Requirements 2000-12 33.0 Administration 2000-12 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 3000-2 3.5 Mowing 3000-3 3.6 Vegetation Maintenance 3000-3 3.7 Pest Control of Plant Material 3000-6 3.8 Drainage Facilities 3000-9 3.9 Fertilization - 3000-9 3.10 Plant Additions and/or. Replacements 3000-10 3.11 Clean -Up 3000-10 4.0 Sprinkler Maintenance Details 3000-11 5.0 Weed Control of Paved Surfaces 3000-16 6.0 Guarantee and/or Replacement Policy 3000-16 iv 7.0 Turfgrass 3000-16 8.0 Facility Maintenance 3000-18 SECTION 5000- Fertilization Schedule 5000-1 SECTION 6000- Periodic Services 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 Form 4 - Weekly Manpower Allocation Projections 8000-5 Appendix 8000-6 v THIS PAGE INTENTIONALLY LEFT BLANK SECTION 1100 INVITATION TO BID PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2014-15 SEALED BIDS will be received by the City of La Quinta (City) at the _Office of the City Clerk located at 78495 Calle Tampico, La Quinta, California, 92253, until 2 p.m, oril Friday, June 5, 2015, at which time they will be publicly opened and read for performing work as follows: Furnish ail necessary materials, equipment, labor, and incidentals as required to perform landscape maintenance duties for the parks and civic facilities. The work involved is in the area of the Park Landscape Maintenance Services consisting of maintenance and repair of all plant material, 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 Bid. Complete sets of the bidding documents must be purchased thru PlanWell Enterprises online at .http://planitreprographics.net A mandatory pre -bid conference is scheduled for Thursday, May 21, 2015 at 10 a.m. in the La Quinta City Hall Study Session Room located at 78495 Calle Tampico, La Quinta, CA 92253. IMPORTANT: If you are not on the plan holders list through PlanWell Enterprise you will not receive addendums. It is the responsibility of the bidder to ensure that they are placed on the plan holders list. Bidding procedures are prescribed in the specifications. Bids shall be executed on the forms bound and made a part of said Specifications. Bid security, in an amount not less than ten percent (10%) of the total annual bid dollar amount and conforming to the prescribed bidding procedures, is required to be submitted with each bid as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same or fails to. furnish, in a timely manner, the bonds acid/or proof of insurance. The City reserves the right to reject any or all bids, and to waive any irregularities in the bids. All bidders 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 bid is submitted. Failure to possess the specified license(s) shall render the bid as non -responsive. Additionally, the Contractor will also qualify themselves at the time of BID SUBMISSION by provided at least one staff member who has a State Pesticide Applicators License (QAL), a staff member who is a Certified Arborist, a staff member who is certified in the Operation of Maxicom 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 Invitation to Bid 1100-1 Department of Industrial Relations and referred to in the Invitation to Bid, 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 bidder shall pay not less- than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations` Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at httl?://www.dir.ca.gov/Public-Works/Publip.Works.htmi. 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 bidders 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 bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The successful bidder will be required to furnish a Payment bond in the amount equal to twenty-five percent (25%) of the Contract Annual amount. Telephones utilized for business purposes at the City facility will not be available to bidders. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend the public bid opening. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids. Bids shall be submitted only in a sealed envelope. Approved Cmothyy Date: A5-- R J nas o Public Wo Dire orlCity Engineer Published By: Susan Maysels City Clerk Date: 54hol.s Invitation to Bid 1100-2 SECTION 1110 INSTRUCTIONS TO BIDDERS 1.0 WORK TO BE DONE It is the intention of the City to maintain the parks and civic facilities as shown and set forth in the specifications and in the particular locations listed in the appendix of the specifications. All of the work is particularly set forth in the specifications and all of said work, together with all other work incidental thereto, is included. The work includes the furnishing of all labor, materials, incidentals and equipment necessary for the perpetual maintenance of park landscape and irrigation systems in the Park Maintenance Landscape Services. The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with those Contract documents contained in the Project Manual, drawings and addenda, if any. The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the Contract documents. The failure or neglect of a bidder 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 Bidders are required to inspect the sites (i.e., parks) of the work to satisfy themselves by personal examination or by such other means, as they niay 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 bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, 'in writing, for additional information and explanation before submitting its bid. Submission of a bid by the bidder shall constitute acknowledgment that if awarded the Contract; it has relied and is relying on its own examination of the following: A. The 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 performed 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 bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. 1100-3 4.0 INTERPRETATION OF CONTRACT _DOCUMENTS No oral representations or interpretations will be made to any bidder 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 bid opening: Steve Howlett, Golf, Parks, & Facilities Manager City of Le Quinta 78495 Calle Tampico La Quinta, CA 92253 Requests- to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the City other than a response to the bidder 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 bids at any time prior to the date and time established in the Invitation to Bid. Postponement notices shall be mailed to plan holders of record in the form of addenda. 6.0 OPENING OF BUDS All bids, irrespective of any irregularities or _informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their representatives and other interested persons may be present at the opening and reading of bids. Any bids received after the time for receiving and opening bids as set forth in the Invitation to Bid or as postponed by addenda will be considered non -responsive and will not be opened. Any such bids will be returned unopened to the Bidder. The public reading of each bid will include at least the following: A. Name and address of bidder; B. The total amount of bid; and C. The nature and amount of the security furnished with the bid. 7.0 PREPARATION OF BID FORMS Bids shall be made on the blank forms in this manual and must be submitted at the time and place stated in the Invitation to Bid. AIL blanks in the bid forms must be appropriately filled in, and all prices must be stated in figures. All bids must be submitted in a sealed envelope. It is. the sole responsibility of the bidder to see that its bid. was received in proper time. Any bid 1 foo-4 received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided. 8.0 BIDDER'S SIGNATURE AND AUTHORITY If the bid is made by an individual, his/her name, signature, and post office address must be shown. If the bid 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 bid is made by a corporation, the bid 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 bid 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 bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, a representative of one of the joint venture firms shall sign the bid. Additionally, the bid shall include a copy of the resolution or agreement empowering the representative to execute the bid and bind the joint venture. 9.0 ERASURES The bid 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 bid. 10.0 BID IRREGULARITIES Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Invitation to Bid. No oral or telephonic modification of any bid submitted will be considered. 11.0 MODIFICATION OF BID Modification of a bid already received will be considered only if the modification is received prior to the time established for receiving bids. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. 12.0 WITHDRAWAL OF BIDS In accordance with Public Contract Code 5103, within five days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid 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 time of bidding shall become a part of the documents furnished 1100-5 bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda, issued during the bidding period. Failure to acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. You must be on the plan holders list through PlanWell Enterprise in order receive addendums. 14.0 BID PRICES Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid 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 bid. 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 bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed the amount bid. 15.0 BID GUARANTY The bid form shall be accompanied by a bid guaranty bond provided by a guaranty company, authorized to conduct business in the State of California, or alternatively, by a certified or cashier's check payable to the City in the sum of at least ten percent (10%) of the total annual amount of the bid price. The bid guarantee bond shall be provided on the form included in Section 1220, BID GUARANTY BOND, of this project document. The amount payable to the City under the bid guaranty bond and/or the certified or cashier's check, and the amount thereof, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidence of insurance, and to enter into, execute, and deliver to the City the Contract on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Contract is ready for execution. The bid securities of the three lowest bidders will be retained until the Contract is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid securities of all bidders except the three lowest, responsive bids will be returned within 15 calendar days after the bids are opened. 16.0 QUALIFICATION OF BIDDER Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS. Contractors will qualify themselves by giving evidence of currently performing acceptable work of this scope. Contractors shall have had a minimum of five (5) years experience in handling municipal and/or commercial landscape maintenance with a minimum of $300,000 per contract annually and performing Prevailing Wage contracts of equal value. WORT M Contractor will also qualify themselves at time of Bid Submission by provided at least one staff member who has a State Pesticide Applicators License (QAL), a staff member who is a Certified Arborist, a staff member who is certified in the Operation of Maxicom systems, and a staff member who is a Certified Landscape Irrigation Auditor (CLIA). Certified Maxicom and CLIA personnel must be available on -site at all times.. QAL and Arborist must be available On - Call. Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its landscape experience, and its organization's availability with required certifications for the performance of the Contract. The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents. 17.0 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may, however, submit sub -proposals or quote prices on materials to more than one bidder. The City may reject the bids of the known participants in such collusion. Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids 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 bid to the City, the bidder offers and agrees that if the bid 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 16700I of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be, made and become effective at the time the City tenders final payment to the bidder. 19.0 ASSIGNMENT OF CONTRACT No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received there under by the Contractor, will 'be recognized by City unless such assignment has had prior approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. 20.0 REJECTION OF BIDS The City reserves the right to reject all bids for any reason. The City further reserves the right to reject any bid which is non -responsive, incomplete, obscure, or irregular; which omits a bid on any one or more of the required bid items; which does not contain satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0, 1100-7 QUALIFICATIONS OF BIDDER; which, in the City's opinion, the unit prices are unbalanced, which is accompanied by insufficient or irregular bid security, or which is from a bidder who has previously failed on a contract of any nature to perform properly or to complete it on time. The City also reserves the right to waive bid irregularities. 21.0 CONTRACT AND BONDS The successful bidder, simultaneously, with the execution of the Contract, will be required to furnish a Payment Bond on the forms provided by the City in an amount equal to twenty-five percent (25 %j of the Annual Contract Price, 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 bidder, 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 bidder. 22.0 AWARD OF CONTRACT Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or, with the consent of the bidders and their sureties, to extend the time in which the City may act. The acceptance of a bid will be evidenced by a notice of award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid. The award of Contract shall obligate the bidder whose bid is accepted to furnish a payment bond and evidences of insurance, and to execute the Agreement in the form set forth in the Contract documents. The selection of a Contractor will depend primarily on the following criteria: A. The Contractor's demonstrated competence in similar work and demonstrated ability to do landscape work of this scope. B. The Contractor's ability to provide adequate supervision and the distribution of . work crews. C. The lowest responsive, responsible bidder. D. The Contractor's references. E. The Contractor's ability to provide proof of required QAL, Certified Arborist, and Certified Maxicom personnel. F. Contract Labor Summary. G. Contractors Facilities and equipment. Selection of any or all alternates shall be at the sole discretion of the City. 23.0 EXECUTION OF CONTRACT The Contract shall be executed by the successful bidder and returned, together with the 7 700-8 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 bidder 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 bidder, and that bidder shall fulfill every stipulation as if it were the party to whom the first award was made. 25.0 CONTRACT ASSIGNMENT The bidder shall not assign,'transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City Council of the City of La Quinta. 26.0 NON-DISCRIMINATION In the performance of the terms of this contract, the bidder agrees that it will not engage in, or permit such subcontractors as it may employ, to engage in discrimination in employment or persons because 'of age, race, color, sex, national origin or ancestry, or religion of such persons. 27.0 LABOR ACTIONS In the event that the successful bidder is experiencing a labor action at the time of the award of the bid (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 accept the next acceptable low bid from a bidder that is not experiencing a labor action, and declare it to be the lowest responsible bidder. 28.0 BUSINESS LICENSE All bidders 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 bidder 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 Bidders, General Information, General Requirements, Specific Requirements, and any supplements; drawings, sketches, and data sheets, attached or referenced, comprise the complete specification. B. City: City of La Quinta. 1100-9 C. Contractor: The party or parties executing a contract with the City of La Quinta for the work specified herein. D. Project or Work: All landscape maintenance work specified, implied, or directed pursuant to these specifications. E. As Directed: Where this word appears in the specification, it shall signify that the item or items referred to are indicated on the drawing or exhibits which are a part of this specification. F. Approved, Approval: Satisfactory to the Director of Public Works/City Engineer. G. Golf, Parks, & Facilities Manager: The person designated as the project representative for administration of the parks landscape maintenance contract. (Steve Howlett, Golf, Parks, & Facilities Manager (760) 777-7026). 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. Bidder: The party or parties competing for a contract with the City for the work specified herein. J. Contractor Control: Conditions or events that are reasonably within the Contractor's ability to guide or manage. K. City Representative: The person(s) designated by the City as the project representative for administration. of compliance of this specification by the Contractor. L. Pail : 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 bidder 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 sent to all bidders and others who have obtained bid documents. 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 1100-10 should be made by telephone to: Steve Howlett, Golf, Parks, & Facilities Manager (760) 777-7026 FAX (760) 777-1231 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 bidder 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 bidder 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.go—. 1100-71 SECTION 1200 BID DATE: The undersigned, as bidder, declares that we have received and examined the Contract Documents entitled Park Landscape Maintenance Services, for the City of La Quinta, Project No. 2014-15 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 bid: SECTION TITLE 1200 Bid 1205 Bid Proposal 1210 Bid Schedule 1220 Bid Guaranty Bond 1230 Certification of Bidder's Experience and Qualifications 1240 Non -Collusion Affidavit 1250 Notice to Contractor We acknowledge that the following addenda/s have been received and have been examined as part of the Contract Documents. Bidders must be on the Plan Holders List with the City of La Quinta in order to receive addenda. ' Addendum # Date Received Initials Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY Name of Bidder Date 1200-1 If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the 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 bid is accepted, and a contract for performance of the work is entered into with the City, to plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. Name of Bidder Address of Bidder Signature of Bidder Witness State of Incorporation Contractor's License No. License Expiration Date Title of Signatory Title of Witness 1200-2 SECTION 1205 PRnpnSA I PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2014-15 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 furnishinq 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. Understands that their proposal shall be submitted with a proposal guarantee of cash, certified check, cashier's check, or surety bond for an amount no less than ten percent (10%) of the amount of the proposal. If a surety bond is used, the contractor must use the form provided with this proposal. 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 [12I months), by June 30, 2016, beginning on July 1, 2016 as specified in the Notice to Proceed. Name of Bidder Date 1200-3 SECTION 1210 PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2014-15 SUMMATION — BID PROPOSAL FORM PARKS AND CIVIC FACILITIES Facility Unit Price Annual Price Adams Park: Park Retention Basin Bear Creek Trail Civic Center Campus: Park City Hall Library Wellness Center La Fonda Open Area Tampico Colonel Paige Middle School Sports Fields Cove Oasis Desert Pride Park Eisenhower Park Fred Wolff Nature Preserve Fritz Burns Park La Quinta Park Monticello Park (excluding Retention Basin) Museum Pioneer Park Saguaro Park Seasons Retention Basin Sports Complex Velasco Mini Park Total Combined Projects TOTAL BASE BID FOR THE 23 FACILITIES: (IN WORDS) A. Initial Annual Contract Period will be for one year 0 2 months) or until June 30, 2016. B. The City may elect to exercise an extension to renew this contract for four additional one- year terms with a sixty-day notice, on a year-to-year basis, contingent upon satisfactory work of the Contractor. C. The City may authorize a maximum increase per year to the above listed contract amount based -on the Local Greater Los Angeles Consumer Price Index for Los Angeles, Anaheim, and Riverside areas. 1200-4 SECTION 1220 BID GUARANTY BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, as PRINCIPAL, and , as SURETY, are held and firmly bound unto the City in the penal sum of ten percent (10%) of the total amount of the bid, of the Principal above named, submitted by said Principal to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City to which said bid was submitted, we bid ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above -mentioned bid to the City, for certain construction specifically described as follows, for which bids are to be. opened at La Quinta, California. PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2014-15 NOW, THEREFORE, if the aforesaid Principal is awarded the Contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and file two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands on this _ day of, 2015. Signature of Principal Signature of Surety Address Title of Signatory Title of Signatory Address Note: Signatures of those executing for the surety must be properly acknowledged. 1200-5 SECTION 1230 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that he is, at the time of bidding, 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. Bidder 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 Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder 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. Bidder 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 Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder's experience as a Landscape Maintenance Contractor. The projects must be similar in scope of work (i.e commercial and/or municipal). Please indicate 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 bid 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 Prevailing Wage: —Yes _ No B. Project Name: Owner: Contract Amount: $ Owner's Representative: to Contract Time: Calendar Days Owner's Telephone No: Duration of Contract: Years from to Prevailing Wage: _Yes _ No 1200-6 C. Project Name: Owner: Contract Amount: $ Contract Time: Calendar Days Owner's Representative: Owner's Telephone No: Duration of Contract: Years from to Prevailing Wage: `Yes _ No Project Name• Owner: Contract Amount: $ Owner's Representative: Duration of Contract: Prevailing Wage: _Yes _ No Years from Contract Time: Calendar Days Owner's Telephone No: Signed this day of , 2015. Name of Bidder Address of Bidder Signature of Bidder to Contractor's License No. License Expiration Date DIR Number (Prevailing Wage) Title of Signatory 1200-7 SECTION 1240 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California } }ss. County of } being first duly sworn, deposes and says that he/she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit; or cost element of the bid price, or of that of any other bidder, 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 bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid 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, bid depository, or to any member of agent thereof to effectuate a collusive or sham bid. Signature Name of Bidder Title Date 1200-8 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 NO. 2014-15 (hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is on file in the office of the City Clerk, and further, you are hereby required within fifteen (15 days after this Notice to enter into a contract with said City for the doing of said work and to furnish therewith a Payment Bond, as required by law, in a sum of twenty-five percent (25%) of the contract price. DATED this day of , 2015. Susan Maysels, CITY CLERK CITY OF LA QUINTA STATE OF CALIFORNIA 1200-5 SECTION 1300 CnNTRAP-T THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and , herein referred to as, "Contractor." WITNESS ETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for City Project No. 2014-15, Park Landscape Maintenance Services in the City of La Quinta, California pursuant to the Invitation to Bid, dated (May,2015), the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should . any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time; incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the Golf, Parks, & Facilities Manager. 4. Contractor shall commence work on July 1, 2015 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 Golf, Parks, & Facilities Manager at monthly sums and/or unit prices stated in the Contractor's Bid, the base consideration ($ r .00). All payments shall be subject to approval by the Golf, Parks, & Facilities Manager 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 Bid, 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 bidder 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 Contract 1300-1 the California Department of Industrial Relations' Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1-, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders 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 bidders 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 Bid, the cost of which shall be paid by Contractor. S. 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; Contract 1300-2 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The .conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub - subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract 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. Contract 1300-3 Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Contractor shall hold the County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or sub- contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work requires by the Contract Documents and agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any such alleged acts or omissions. 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to -maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more 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 bid on public projects for a period of six months in addition to other penalties provided by law. Contract 1300-4 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of -the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Dated: ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: City Attorney Dated: Name: "CITY" CITY OF LA QUINTA, a California municipal corporation By: Frank J. Spevacek, City Manager Dated: Dated: "CONTRACTOR" (If corporation, affix seal) By: Title : Signature Address: Street Address City State Zip Code E-mail: Dated: By: Signature Name: Title: Address: Street Address City State Zip Code E-mail: Contract 1300-6 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 , 2015, awarded to , hereinafter designated as the Principal, a Contract 2014-15, Park Landscape Maintenance Services. for City Project No. 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 F 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 attorneys 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 1300-7 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of 2015, 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 1300-5 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 1300-9 THIS PAGE INTENTIONALLY LEFT' BLANK Workers Compensation Insurance Certificate 1300-10 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, Liability and Insurance Requirements 1300-11 civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with 'or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and 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. Liability and Insurance Requirements 1300-12 Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Commercial General Liability, Polic 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, Liability and Insurance Requirements 1300-13 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 VI1. Contractor and City agree as follows: 1. Contractor agrees to endorse the third party Commercial General Liability coverage required herein to include as additional insureds City, its officials, employees and agents, and County, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985 or equivalent. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise. 2. Any .waiver of subrogation express 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. Liability and Insurance Requirements 1300-14 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require written notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration of non -renewal of any such coverage, and to require contractors, subcontractors, and any other party in - any way involved with the project contemplated by this Contract to do likewise. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that 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. Liability and Insurance Requirements 1300-15 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to -the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes- of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and. any .activity commences in furtherance of performance under this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it. waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by. this Contract to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 18. Any provision in any of the documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and 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 Liability and Insurance Requirements 1300-16 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: lFrank J. Spevacek, City Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Liability and Insurance Requirements 1300-17 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 Golf, Parks, & Facilities Manager 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 Bidders 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 General Conditions 1400-1 Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the ,interpretation of the Contract Documents. 1.4 Penalty for Collusion If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, 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 bids for said Work. 1.5 Successors and Assign The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, contracts, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 1.6 Assignment to City Pursuant to Public Contract Code 4551, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 1-3 Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City and its representatives or the consultants, shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 1.8 Definitions Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, the City Engineer. General Conditions 1400-2 Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex. Singular words include the plural and "person" includes firms, companies, and corporations. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms. Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved. Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other 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 bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections. Bid - The offer or proposal of the Bidder 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. Bidder - 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. Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable: General Conditions 1400-3 Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Contract Acknowledgments Performance Bond Payment Bond General Conditions Supplementary General Conditions General Project Requirements Specific Project Requirements Standard Specifications State Standard Specifications Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Permits from other agencies Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract. Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum. Contract Time — One fiscal year with options for extensions. Contract Completion Date — June 30, 2016. 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 Golf, Parks, & Facilities Manager 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 1400-4 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. Liguidated Damages - A fixed amount to be paid to the City or to be deducted from any payments due, or to become due, to the Contractor as a result of the Contractor not completing the work in the time allowed in the specifications. Notice of Award - A written notice by the City to the Contractor informing him that the Contract has been awarded to him. Notice to Proceed - The written notice by the City to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work. Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications, called out by paragraph number and alphanumeric designator. Person - Includes firms, companies, corporations, partnerships, and joint ventures. Project - The undertaking to be performed under the provisions of the Contract. Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding. Provide - Furnish and install, complete in place. Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action. Site - The property as described where work is performed. Specific Project Requirements- Part of the Contract Documents establishing specific conditions or requirements peculiar to the work. 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. General Conditions - 1400-5 Submittals - The information which is specified for submission to the Golf, Parks, & Facilities Manager 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. Sup ier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub -subcontractor. Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law. Will - Actions entered into by the Contractor or the City as a covenant with- the other party to do or to perform the action. Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract. Working Day - Any day, other than a holiday on which the Contractor may proceed with regular work on the current controlling operation as determined by the Golf, Parks, & Facilities Manager toward the meeting of contract requirements. 2.0 ADMINISTRATION 2.1 Administration of the Contract The Golf, Parks, & Facilities Manager will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of City retained consultants and the Golf, Parks, & Facilities Manager during the contract, as set forth in the Contract Documents, will not be modified or extended without written consent of the City. 2.2 Golf, Parrs, & Facilities Manager 2.2.1 General - The Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the Golf, Parks, & Facilities Manager. 2.2.3 Progress Payments - The Golf, Parks, & Facilities Manager has the authority to accept or reject requests for progress payments which have been submitted by the Contractor. General Conditions 1400-6 2.2.4 Contract Decisions - Should the Contractor disagree with decisions rendered under this Contract, the Contractor may appeal to the Golf, Parks, & Facilities Manager in accordance with the provisions of the Contract. 2.2.5 Acceptability of Work - The Golf, Parks, & Facilities Manager has the authority to make the final determination of the acceptability of the Work. 2.2.6 Contract Schedule - The Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents. 2.3 Consultants 2.3.1 General - Consultants will have the authority to act on behalf of the City only to the extent provided in the Supplemental General Conditions. 3.0 City 3.1 General The City, acting through the Golf, Parks, & Facilities Manager, 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 Golf, Parks, & Facilities Manager. The representative will normally be at the Site of the Work. During the representative's absences, the Contractor may contact the Golf, Parks, & Facilities Manager or a previously designated representative. 3.3 Inspection The City's Golf, Parks, & Facilities Manager will observe the Work and act in matters of inspection under this Contract. The Golf, Parks, & Facilities Manager will call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The Golf, Parks, & Facilities Manager shall have the authority to reject material or, in any emergency, suspend the Work. General Conditions 1400-7 Separate and independent from the inspection above, the project may be inspected by Building Officials for 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. In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for- consultants and City's additional services made necessary by such default, neglect, failure, or emergency. 3.5 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate Contracts in connection with other portions of the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. When separate Contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Contract. The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 1400-4.8.3, Cooperation. 4.0 CONTRACTOR 4.1 Office The Contractor's address stated in the Bid 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, General Conditions 1400-8 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 Golf, Parks, & Facilities Manager 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 Employee 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager, and such person shall not again be employed on the Project. 4.5 Subcontractors Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by 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 Golf, Parks, & Facilities Manager, 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. General Conditions 1400-9 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 Golf, Parks, & Facilities Manager that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid 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 Golf, Parks, & Facilities Manager 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 Bid Proposal. 4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, Golf, Parks, & Facilities Manager 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, Golf, Parks, & Facilities Manager, or authorized representatives assume no responsibility therefor, 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 Golf, Parks, & Facilities Manager and separate Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall coordinate the Work with theirs as required by the Contract Documents. If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate Contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Golf, Parks, & Facilities Manager 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. General Conditions 1400-10 If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of activities. The City shall keep the Contractor informed of the planned activities of other contractors. Any costs caused by defective or ill-timed work shall be borne by the responsible party. Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. if such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgement or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgement or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable. 4.9 Permits Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and start up of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or fileholder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price. 4.10 Contractor's Responsibility for the Work and Materials The Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof by the action of the elements or from any other cause, whether arising from the non -execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City. 4.11 Laws to be Observed The Contractor shall keep himself fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by General Conditions 1400-11 himself or its employees. if any discrepancy or inconsistency is discovered, the Contractor shall immediately report the same to the Golf, Parks, & Facilities Manager in writing. 4.1 1.1 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 1 1 10-20.0, 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 bid. 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. 4.1 1.2Certified 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: General Conditions 1400-12 a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. C. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code. The Contractor is responsible for its and its subcontractors 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 0 %Z) times the basic rate of pay as provided for in Section 1815 of the Labor Code. 4.11.4Apprentice 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. L 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. L 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 L� General Conditions 1400-13 Sections 1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers' Compensation Insurance 4.12 Safety The Contractor shall be solely and completely responsible for conditions of the project site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager, giving full details of the claim. 5.0 CONTROL OF WORK AND MATERIALS 5.1 Means and Methods General Conditions 1400-14 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control. Neither the inspection by the City, its consultants, or the Golf, Parks, & Facilities Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, the Golf, Parks, & Facilities Manager or the consultant, or their agents, shall operate as, a waiver of any provision of the Contract. 5.2 City -Furnished Materials Materials, if furnished by the City, will be made available as designated in the Specific Project Requirements. The cost of loading., unloading, hauling and handling, and placing City -furnished materials shall be considered as included in the price bid 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 Golf, Parks, & Facilities Manager. Any work done beyond the limits of work, or established by the Golf, Parks, & Facilities Manager, 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 Golf, Parks, & Facilities Manager made under the provisions of this section, the Golf, Parks, & Facilities Manager shall have authority to cause defective work to be remedied, or removed and General Conditions 1400-16 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials. 5.5 Right to Retain_ Imperfect Work If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefor as may be just and reasonable. 6.0 PROGRESS OF THE WORK 6.1 Beginning of Work The Contractor shall begin work within ten (10) days after receiving Notice to Proceed and shall diligently prosecute the same to completion within the time limit. Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer. 6.2 Time of Completion Each day (Monday -Sunday) the contractor will have specific duties to be completed for the week. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work. 6.3 Delays 6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon -the occurrence of a delay, the Contractor shall notify the City Engineer 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 Golf, Parks, & Facilities Manager at the time of their occurrence. General Conditions 1400-16 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 (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item on the favorably reviewed progress schedule. 6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for* extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, -unless it is shown to the satisfaction of the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager 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 General Conditions 1400-17 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 Golf, Parks, & Facilities Manager, within the time specified in such notice, the City shall have the authority to terminate the operation of the Contract. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising there from over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City in an escrow account; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract Amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds in the escrow account. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. 7.0 CHANGES IN THE SCOPE OF WORK 7.1 Change Orders 7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City, through the Golf, Parks, & Facilities Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Order. The Contractor shall comply promptly with the requirements for all Change Orders. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. A Contract Change Order may increase or decrease in the Contract Amount or an extension or shortening of the Contract Time. 7.1.2 Extra work shall be that work not shown or detailed in the Contract. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Golf, Parks, & Facilities Manager shall have authority to make minor General Conditions 1400-1 S 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 Golf, Parks, & Facilities Manager, 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 Golf, Parks, & Facilities Manager - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Golf, Parks, & Facilities Manager. The Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager's decision in Paragraph 1400-7.3.1, Contract Interpretation by the Golf, Parks, & Facilities Manager, or in any case where the Contractor deems additional compensation for work or materials not covered in the Contract or which the Golf, Parks, & Facilities Manager has not recognized as extra work, the Contractor shall notify the Golf, Parks, & Facilities Manager, 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 Golf, Parks, & Facilities Manager within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Golf, Parks, & Facilities Manager 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 General Conditions 1400-19 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager may call special meetings to discuss outstanding claims. The Contractor shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the Golf, Parks, & Facilities Manager. 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. General Conditions 1400-20 7.3.3.1 Claims Less Than $50,000 a. For claims of less than fifty thousand dollars ($50,000), the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager'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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager'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 Golf, Parks, & Facilities Manager's written response, or if the Golf, Parks, & Facilities Manager fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the Golf, Parks, & Facilities Manager's response or within 15 days of the Golf, Parks, & Facilities Manager's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute. 7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the General Conditions 1400-21 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 1 141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. C. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party. 7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Contract bring legal action against the other, the case shall be handled in the California county where the work is being performed. 7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the City Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized General Conditions 1400-22 services which are used. Such information shall be submitted to ,the Golf, Parks, & Facilities Manager on a 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager: 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 Golf, Parks, & Facilities Manager, the Contractor shall submit, in the form prescribed by the Golf, Parks, & Facilities Manager, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The Golf, Parks, & Facilities Manager will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or General Conditions 1400-23 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 Golf, Parks, & Facilities Manager; 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 Golf, Parks, & Facilities Manager as described in Paragraph 1400-8.3, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, his office staff and office facilities, or anyone not directly employed on such work, nor the cost of rental of small tools as all such indirect costs form a part of the Contractor's overhead expense. Under the method described in Paragraph 1400-8.1 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 General Conditions 1400-24 If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following: a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. C. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub -subcontractor actually performing the work: A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. • To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtier-subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. 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 Genera! Conditions 1400-25 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 Golf, Parks, & Facilities Manager. Prior to the commencement of force account work, the Contractor shall notify the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and Golf, Parks, & Facilities Manager and a copy of which shall be furnished to the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager, 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 Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager 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 General Conditions 1400-26 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 estimate 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 bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, its consultants, the Golf, Parks, & Facilities Manager, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, .legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during the Contract have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project. 9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and 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. General Conditions 1400-27 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 Golf, Parks, & Facilities Manager, 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 Golf, Parks, & Facilities Manager shall review the submitted estimate, and upon approval, the Contractor may submit a detailed invoice for those amounts approved by the Golf, Parks, & Facilities Manager. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. If the Golf, Parks, & Facilities Manager does not agree with the Contractor's estimate of amount earned, the partial payment request will be returned for revision. The Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager's evaluation, the Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Golf, Parks, & Facilities Manager'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. General Conditions 1400-28 Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor desires to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the contract included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing contract. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract. Any Contractor that desires to exercise this option shall give notice in writing to City, and shall thereafter execute the escrow agreement form provided in Appendix A of these Specifications. 9.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount -or amounts of any payment or payments otherwise due the Contractor, as in its judgement may be necessary to cover: a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. For defective work not remedied. C. For failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule. g. The City's costs for the Contractor's failure to complete within the allowed time. General Conditions 1400-29 h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance. i. Failure of the Contractor to make proper submissions, as herein specified. j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a project schedule. k. Payments due the City from the Contractor. I. Reduction of Contract Amount because of modifications. M. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up. n. Provisions of law that enable or require the City to withhold such payments in whole or in part. When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld. The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds 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. End of Section 1400 General Conditions 1400-30 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 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, 2016, beginning with the date of execution of the contract (July 1, 2015). The City of La Quinta has the option to renew the contract for four (4) additional one-year extensions. If the contract is renewed, the total length of the contract shall not exceed five (5) years from the original date of award. If the City intends to renew the contract, the Contractor will be given ninety (90) days advance notice in writing prior to the termination date of the contract. The City and the Contractor shall negotiate any changes to increase the current annual contract amount. If the Contractor decides to refuse the offer to renew, the Contractor shall notify the City in writing within sixty (60) days prior to the termination date of the contract with their intent not to accept the offer. 3.0 PERMITS AND LICENSES The Contractor shall be responsible for obtaining any and all permits required to perform this service. 4.0 WORKER'S COMPENSATION COVERAGE The Contractor shall procure and maintain; during the life of the contract, Worker's Compensation Insurance for all his or her employees engaged on or at the site of the project, and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide Worker's Compensation Insurance for all the tatter'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: General Project Requirements 2000-1 October 15L to April 301h Monday — Friday 7 a.m. to 5:30 p.m Saturday - Sunday 8 a.m. to 5 p.m. May 1" to September 30' Monday - Friday Saturday - Sunday 6 a.m. to 7 p.m. 8 a.m. to 5 p.m. The Contractor shall notify the Golf, Parks, & Facilities Manager at least 24 hours prior to any work outside the normal working hours defined above, on weekends or holiday. 7.0 HOLIDAYS During the week of a holiday, the Contractor shall adjust his schedule to return to normal weekly schedule the following week for all items. 8.0 PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT The City of La Quinta has set up very specific criteria in which to evaluate the performance of the contractor on a weekly basis during the perpetual maintenance of the annual contract. As the City representative identifies performance deficiencies, fines may be deducted from the Contractor's monthly invoice. The following deficiencies, terms, and fines apply to this specific contract and scope of work. Deficiency No. 1 - Lack of compliance to specifications, work conditions, i.e., failure to adequately mow, edge, sweep, pick-up trash/debris and animal feces, and apply chemicals and prune, etc. Each week the Contractor's performance for each maintenance area will be evaluated. In the event the performance is unsatisfactory and the poor performance is clearly the fault of the Contractor (any service not performed which is required by the contract), the Contractor will be given written notice stating the deficient area(s), a date deficiencies must be completed by, and the amount of money being withheld until deficiency is corrected and satisfactory to the City (up to $100 per instance per work day). If the Contractor has been notified of a deficiency and the deficiency is not corrected within the time period specified in work statement for each task, the withheld funds will not be paid. (Exceptions will be made with prior approval of the City for delays in the ordering of parts and adverse weather conditions.) In the event the Contractor is deficient in any required service, the City may perform the service by City personnel or by separate contract. The cost of services performed by City personnel or separate contract will be deducted from the Contractor's monthly invoice. The Contractor shall not have the exclusive right during the term of this contract and all renewals thereof within the City. If this type of deficiency should occur in the same location more than once, the fine identified above will be automatically deducted from the Contractor's monthly invoice for' that maintenance area. Deficiency No. 2 - Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City representative may result in a deduction of up to $100 per General Project Requirements 2000-2 instance per work day. Deficiency No. 3 - Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per W.A.T.C.H. guidelines), $100 per occurrence. Deficiency No. 4 - Failure to comply with water restrictions imposed by the Water Authority and failure to have the irrigation controllers programmed per the City -provided schedules. Up to $100 deduction per occurrence. Additionally, Contractor shall be responsible for any imposed penalties. Deficiency No. 5 - Minor irrigation deficiencies (non -continuous water flow) shall be repaired within forty-eight (48) hours. Major irrigation deficiencies (continuous water flow) shall be repaired within twelve (12) hours. $100 per day may be deducted from the monthly invoice. Deficiency No. 6 - Contractor is deficient for not following or managing, on a daily basis, the Contractor -submitted and City -approved quality control program, including but not limited to weekly schedules, weekly manpower allocation form, weekly irrigation maintenance form for minor repairs, weekly irrigation material purchase request for major repairs and weekly performance requirements summary reports. Up to $100 deduction per occurrence from the monthly invoice. Deficiency No. 7 - Failure to provide requested Landfill Diversion Report forms. Up to a $100 deduction per occurrence from the monthly invoice. 9.0 TERMINATION 9.1 . Termination prior to expiration of term. This section shall govern any termination of this Agreement except as specifically provided in Section 9.2 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services, hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 9.3. 9.2 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions, take over work and prosecute the same to completion by contract or otherwise. Contractor shall be liable to the extent that the total cost for completion of the services required, hereunder exceeds the compensation herein stipulated (provided that City use reasonable efforts to mitigate such damages), and City may withhold' any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in: Section 9.3. General Project Requirements 2000-3 9.3 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 10.0 LABOR CHARGES_ Labor charges for services not covered in line items of the proposal shall be approved by the City in writing prior to starting work. If no authorization is obtained, the Contractor will not be paid. The Contractor shall submit an estimate to the City for approval prior to beginning work. The charges shall be reviewed, by the City, to determine if they are fair and reasonable. The City reserves the right to perform the work by others if the Contractor's estimate is not considered fair and reasonable. The Contractors shall submit their proposal labor charges for specified extra work. These charges will remain firm for the duration of the contract. 11.0 DAMAGES Any damages done to the landscape areas, which are clearly determined as the fault of the Contractor, due to neglect or careless operation, will be paid for by the Contractor. This will include, but not be limited to, damages, facilities, equipment, sprinklers, and structures. 12.0 MATERIALS Seed, fertilizer, pesticides, and sprinkler parts (excluding controllers and mainlines), pre - emergence, herbicides, and growth regulators (considered a management tool and therefore excluded from reimbursement) are all materials to be included in the lump sum contract amount. See the specific project requirement specifications for a thorough definition of minor and major irrigation repairs. Dog Bags are also considered to be materials in the contract and can be purchased from: Zero Waste. USA Inc 12316 World Trade Drive, #102 San Diego, CA 92128 Telephone: (800) 789-2563 Fax: (800) 789-6619 There are currently 39 dog bag dispensers in the Park Landscape Maintenance Services area. Current usage is 21,000 bags per month (3.5 cases of 6,000 bags). Any increase or decrease in dispensers and dog bag usage will not change the contract amount. 13.0 WATER The City shall furnish only metered water. Contractor shall provide daily water management by staff Certified in Maxicom and a Certified Landscape Irrigation Auditor. Contractor will be responsible to pay for additional costs for water bills that are within their control and not rated as "Efficient" or Excellent". In situations of backf low theft, vandalism, broken mainlines, or City Events that require additional water, the contractor will not be responsible for the difference. General Project Requirements 2000-4 14.0 ACCEPTANCE All work specified shall be completed under the direction and satisfaction of the City and in accordance with these specifications. The City will monitor the Contractor's performance and review weekly submittal of forms and schedules if necessary to conduct evaluations of the Contractor's overall compliance with administration and physical performance of said contract. 15.0 COMPLAINTS RECEIVED By THE CITY The City will notify the Contractor, in writing, of each contract complaint reported by the public. A citizen complaint will be indicated on the Performance Deficiency Form and Contract Maintenance Incidence Report, and will be given to the Contractor indicating the day and hour the complaint was observed or reported, the location and description. of the complaint, and the section (or fraction thereof) to be deducted from contract payment, if appropriate. The Contractor will have twenty-four (24) consecutive hours to correct the problem except complaints received on trash collection; cleaning, and maintenance'where the Contractor will have one (1) hour to respond with corrective action as specified by a City of La Quinta representative (if applicable, exceptions will be made for ordering of parts and adverse weather conditions). The Contractor will submit to the City, in writing, when and how the problem was corrected, and the action to prevent the situation from recurring. If the Contractor fails to correct the problem of the citizen's complaint within the time constraints, the City shall correct the situation with the City personnel or separate contract and the cost will be deducted from the Contractor's monthly invoice. 16.0 COMMUNICATIONS Throughout the period of this contract, the Contractor shall establish and maintain a local office with a quality control managing agent. The Contractor's quality control managing agent shall serve as the point of contact for dealing and communicating with the Contractor and City Inspector. The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. 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 General Project Requirements 2000-5 writing within 12 hours of any such change. Failure to maintain emergency information current shall result in a * 100 penalty for each occurrence. Emergency response defined: As per City representatives) By prior agreement Public health/safety matters Public health/safety matters include but are not limited to broken water mains, stuck valves, threat to private property resulting from the responsible Contractor's operations, fallen trees, natural disasters, etc. D. During periods of inclement weather, (i.e., excessive rainfall), Contractor shall be responsible for removing water from all play areas and keeping all drainage facilities clear and in operating condition within the contract areas. 17.0 CONTRACTOR'S EMPLOYEES The Contractor's employees, supervisors, and representatives shall not identify themselves as employees of the City of La Quinta. All employees shall conduct themselves in a professional and courteous manner while in public areas. Obscene language or gestures of deviant behavior by the Contractor's employees will be reported to the Contractor immediately for corrective action. 18.0 QUALITY CONTROL/QUALITY ASSURANCE 18.1 Quality Control The Contractor shall establish quality control program to assure the requirements of the contract are performed as specified. The quality control program will be used by the Contractor to monitor their performance of the contract. The Contractor's quality control program must be managed by an individual whose primary responsibility is to monitor and implement the quality control program. This manager will be responsible for communicating with the City representative, signing all schedules and reports, and have the authority to schedule the Contractor's employees and authorize extraordinary work hours to accommodate emergency repairs. Upon request by the Golf, Parks, & Facilities Manager, 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 0 0) working days of submittal. 18.2 Supervision and Manpower Allocation The Contractor shall provide adequate supervisors each day of the workweek during the life of the contract. The Contractor shall assign a supervisor full-time (40 hours per week) within the City limits of the City of La Quinta, working regular working hours for the duration of this contract. They shall have a minimum of five (8) 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 General Project Requirements 2000-6 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. An vandalism shall be reported within two (2) hours after it is noted. 18.4 Weekly Maintenance Schedule This contract requires the Contractor to maintain each month a Weekly Schedule. When requested by the City representative this form (Section 8000) shall indicate what landscape maintenance area work will be performed, what day of the week, what type of work is to be performed, and if this is current work or make-up work (due to inclement weather only). 18.5 Authorization The Golf, Parks, & Facilities Manager, or his authorized designee, will decide all questions, which may arise as to the quality and acceptance of any work, performed under the contract. 18.6 Landfill Diversion This contract requires that all "green waste," i.e., grass clippings, shrubbery cuttings, tree trimmings, and land clearing debris, be removed and delivered to one of the following types of facilities: Composting facility Mulching facility Biomass facility Green Waste Reuse Facility 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 Golf, Parks, & Facilities Manager. 19.0 Landscape Maintenance Equipment Inventory The following equipment is to be included within the Contractor's maintenance equipment General Project Requirements 2000-7 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 Irrigation Software The Contractor shall posses and maintain a computer and Maxicom software capable of providing central irrigation control of the City's Rainbird Irrigation Systems. Mowina Eouipment 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 he 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. B. A vertical cutting mower (de -thatcher) hydraulically or P.T.O. driven from attached tractor with a minimum cutting width of 60" shall be used on large turf areas. Blades shall be free swinging and spaced a maximum of 2" apart. C. A vertical cutting mower (renovator) hydraulically or P.T.O. driven from attached tractor with fixed 1 /8" thick, 12" diameter, 8-10 pointed slicing type blades, spaced a maximum of 2" apart, shall be used on all hybrid Bermuda grasses. Turf Vacuum/Power Rake Contractor shall include a turf vacuum/.power rake having the capability to pick up leaves, verticut clippings, and other debris. Turf vacuum/power rake shall be a minimum of 60" wide, and have an agitating raking mechanism to aid in the proficiency of the vacuum. General Project Requirements 2000-8 Aerators A. Walk behind self-propelled aerators shall be used on smaller turf areas, not easily accessed by larger aerators, or other areas deemed necessary by City representative. Aerators shall have tines 3/8" to 3/4" in diameter and spaced a maximum of 3" apart. B. Aerators a minimum of 60" wide shall be used on large turf areas. Aerators shall run under their own power or by a tractor PTO.. Aerators shall be capable of following contours and minor grade changes in the turf grasses. Aerator tines shall be 3/8" to 3/4" in diameter, spaced a maximum of 3" apart, and be capable of penetrating the soil to a minimum depth of 3". String Trimmers and Edgers Contractor shall include sting trimmers and edger's for trimming and edging around walks, trees, planters, shrubs, fences, and all other areas of the park requiring detailed trimming. Trimming and edging shall be performed each time a turf area is mowed. Fertilizer Spreader Contractor shall include equipment that is specifically designed for the proper application of fertilizer at measured rates. Utility Tractor Contractor shall include a utilitytractor 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 a gas powered chainsaws. D. Contractor shall include pole saws. The pole saw can be either gas powered or manually operated. Pesticide Application Equipment Contractor shall include a large capacity (50-gallon minimum) pesticide sprayer. Sprayer shall have a minimum 10' spray boom for broadcast application. Sprayer shall also have a spray wand/gun with a minimum of 100' of hose. Pressure Washer General Project Requirements 2000-9 Contractor shall provide a pressure washer for regular. cleaning of facilities including but not limited to; picnic areas, concession areas, benches, tables, trash cans, playgrounds, play courts, skate areas, and walkways. 20.0 SPECIAL REQUESTS The Contractor may be requested by a City representative to perform special tasks, which are above his normal scheduled work (i.e., citizen action requests, coordination with utility locations or special work orders). It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work at no additional cost to the City which is considered normal maintenance to meet the objectives and criteria of this contract. 21.0 PROJECT INSPECTIONS Upon request, the Contractor or his representative will walk the project with a City representative for determining compliance with the specifications, or to discuss the required work. Contractor representative must be authorized to sign documents and effect changes to the job. 22.0 SAFETY Contractor shall be responsible for providing a safe work place, and compliance with standards and regulations 'of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards. Non-compliance with previously mentioned standards and regulations will result in a deficiency of performance deduction. 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 ❑O WORK The City reserves the right to do work as required within the contract area. If such alterations affect the provision of this agreement, the Contractor will be asked to submit a cost as a result of the alterations. 25.0 COOPERATION/COLLATERAL WORK A. The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City and/or other Contractors. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction, and storm related operations. General Project Requirements 2000-10 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 City Golf, Parks, & Facilities Manager 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 Golf, Parks, & Facilities Manager 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 Steve Howlett, CGCS Golf, Parks, & Facilities Manager showlett@la-quinta.org The monthly bid amount is the amount set forth in Bid Proposal form submitted. General Project Requirements 2000-11 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 2000-12 C. Performance during Inclement Weather 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. 2. The prime factors in assigning work shall be the safety of the work force and damage to landscaping, in that order. 3. Failure to adjust the work force to show good progress on the work may result in deduction of payments. D. Performance on Schedule 1. The Contractor has been provided the latitude in establishing work schedules which correspond to Contract -defined minimum manpower (Section 1210) and equipment resource requirements. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. 2. Therefore, all work shall be completed on the day scheduled (as shown on the Contractor -submitted schedule). 3. Failure to complete the work as scheduled or as specified herein will result in a Performance Deficiency and Reduction. These actions shall not be construed as penalty but as adjustment of payment to the 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 2000-13 DIVISION 3 SECTION 3000 SPECIFIC PROJECT REQUIREMENTS 1.0 SCOPE OF WORK The work shall include furnishing all labor and equipment necessary to maintain the parks and civic facilities. Duties include, but are not limited to, trash collection, cleaning, maintaining turf, maintaining ground cover, shrubs and trees, maintaining and repairing irrigation systems, providing weed and pest control, and removing animal feces. 2.0 SCHEDULING OF WORK Upon request, the Contractor shall provide the City with a weekly schedule for the Park Landscape Maintenance Services. 3.0 SERVICES TO BE PERFORMED 3.1 General A. The removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out -of -place or discarded items, including the replacement of trash can liners on a daily basis. B. The removal of dried plant material such as hanging or fallen tree limbs, leaves, branches, dried up plants, and woad pieces. C. All material, which is picked up during cleaning, shall be disposed of by the Contractor by placing such material in a refuse container where available or to the sanitary landfill. All green waste must be disposed of in accordance with Division 2 Section 2000 No. 18.7. 3.2 Trash Collection, Cleaning, and Maintenance The City has designate priority/ high profile areas due to high use or programmed events as follows: La Quinta Park (Blackhawk Way and Adams Street) Civic Center Campus (Washington Street and Calle Tampico) Fritz Burns Park (Avenue 52 and Avenida Bermudas) Sear Creek Trail (Avenida Montezuma between Tampico and Tecate) Where applicable in the above areas the following items of work will require attention on a daily basis: A. Empty all trash receptacles. Transfer collected recyclable materials appropriately to divert from landfills. Restore liners or replace as necessary. Re -fill all dog bag dispensers. B. Pick up all trash, debris, and dog feces (excluding dog parks) in landscape areas, sidewalks areas, parking lot areas, playground areas, park turf areas, and parkways. Specific Project Requirements 3000-1 C. Wash or wet wipe down all public seating areas that require cleaning including seat walls and park benches and tables. D. Open restrooms by 6:00 a.m. (La Quinta .Park and Fritz Burns Park) E. Rake playground safety material. F. Remove any fire rings and related debris at Cove Oasis. Where applicable the following items of work require attention on a weekly basis: A. Keep all areas weed free. B. All shrubs and trees trimmed and/or pruned so as not to impede pedestrian traffic. C. Mow, trim, and edge all turf areas. D. Pressure wash the tennis courts, dog parks, skate parks, basketball court, concession areas, and facility entrances (i.e. Library and City Hall). Playground equipment will be washed monthly but may require additional cleaning as necessary. E. Rake Volleyball Court at Adams Park. F. Empty all hot ash receptacles at La Quinta Park and Fritz Burns Park. G. Monitor and maintain irrigation system by means of operational testing. 3.3 Fertilizing of, Turf A. Winter fertilization period shall begin November 1" 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 15"' and continue until the end of September. A minimum of 2lbs N/1,000 sq. ft. of commercial fertilizer shall be required annually for warm season grasses. C. Additional or special applications may be requested by the City to maintain quality turf conditions at the Contractors expense. D. The Contractor shall supply to the City - A list of dates and approximate times each park is scheduled for fertilizer application before the Contractor begins fertilization. 3.4 Weeding A. Turf, planters, ground cover areas, sidewalks, underneath shrubs, and flower boxes shall be kept free of weed grasses and broadleaf weeds. B. Weeds in turf areas shall be controlled in such a manner, and at such intervals that their height does not exceed the height of the grass. Weed species such as clover, bind weed, and Specific Project Requirements 3000-2 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 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 %" 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 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', Washingtonias by July 31", and Filferas by August 31"). D. Trees shall be pruned as required to remove broken or diseased branches, or for safety. It shall be the Contractor's prime responsibility to conduct a pruning program, Specific Project Requirements 3000-3 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. Trees 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. G. 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. H. Prune trees along sidewalks to allow seven foot (7') clearance for pedestrians and fourteen feet 0 41 above curb and gutters for vehicular traffic. I. Perform minor tree surgery as required. J. Ailing or stunted trees, which fail to meet expected growth expectations, shall be brought to the attention of the City representative. K. 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. L. All holes from removed trees shall be filled and refilled until it maintains grade level or a replacement tree is installed. M. The Contractor will be responsible for staking and tying trees, and removing staking and tying. N. All debris from pruning, .trimming, and tree maintenance shall be removed by the Contractor during the same working day accumulated. O. 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. 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. A log of tree removal and replacement will be kept by the Contractor stating where and when the trees were -removed and replanted, species, site, and approximate Specific Project Requirements 3000-4 location. Shrubs R. Any dead limb or branch, detached or not, are a safety hazard and will be removed as needed. S. 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. T. 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.). U. 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. 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. Specific Project Requirements 3000-5 Vines A. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports. B. Do not use nails to secure vines on masonry walls. C. Deep water vines in pockets not provided with sprinklers as required promoting optimum growth. D. Pruning of vines will be in accordance with good horticultural practices. Ground Cover A. Trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance. B. Cultivate and/or spray approved herbicide to remove broad -leafed and grass weeds as required. Weeds shall he 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 month. 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. Specific Project Requirements 3000-6 D. City shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with City representative. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month. E. Application of Pesticides 1. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without excessive runoff. 2. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations. 3. Equipment and Methods. Spray equipment shall be in good operating conditions, quality, and design to. efficiently apply materials to the target area. Drift will be minimized by using proper application pressure as instructed on the product label and using water-soluble drift agents. - 4. Selection of Materials: Pesticides shall be selected from those materials, which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use 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 Specific Project Requirements 3000-7 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 Sate Department of Pesticide Regulations. 3. There shall be no application of a "RESTRICTED" pesticide without written permission of the City. 4. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Riverside Agricultural Commissioner. H. Start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leafhoppers, scale, mealy bugs, and mites. Use a 10-power magnifying glass to see mites. Look for ants on soil, along walks, and trunks of shrubs and trees. 1. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present. I. Dusty foliage and warm temperatures are indicators of mites. So long as the foliage is washed, mite populations are low. Keep mite populations low to prevent plant injury. 1. Conifers are especially susceptible to mite infestation. J. Bark beetles feed in the cambium of scaffold branches and trunks. Older and 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. Specific Project Requirements 3000-8 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. 0. 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.). Specific Project Requirements 3000-9 B. General: Application shall be in accordance with manufacturer specifications. C. Method of Application: In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader, which tends to throw material onto paved areas. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. D. Timing of Application: :When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials. E. Trees and Shrubs: Fertilizers, pre -approved by a City representative, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micronutrient deficiencies. 3.10 Plant Additions and/or R2 Iacennents 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. 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 Specific Project Requirements 3000-10 normal conditions. G. Animal feces shall be removed from all recreational facilities (i.e. parks, bike paths, etc.) on a daily basis (excluding dog parks). 4.0 SPRINKLER MAINTENANCE DETAILS A. General The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate, which closely matches the actual demands of plant material with little or no runoff. Other important water management considerations include safe and dry turf areas for community use, water costs, and plant health. Failure to perform irrigation system maintenance as described shall constitute a deficiency as defined in paragraph 8.0 of Section 2000. Contractor must have a staff member who is a Certified Landscape Irrigation Auditor (CLIA). The City recognizes the importance of water management and encourages Contractors to provide the most efficient landscapes without impacting the conditions of the parks and facilities. 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 as to not impact the public use. Contractor will not operate the irrigation systems, unless for system testing, during restricted times as determined by the water authority. Standing water will not be permitted one hour after completion of water schedule. Failure to adjust irrigation controllers to comply with designated watering windows, water authority restrictions, and City -provided schedules will result in a Performance Deficiency Reduction. D. Operation/Repair 1. The entire irrigation system to include all components from connection at meters shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: Maxicom, 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 shall be tested and inspected weekly. Reports generated by Maxicom, shall be available to the City's representative upon request. Any systems not currently equipped with Maxicom2 shall be inspected a minimum of once per week. The City's representative may reaquest a written report Specific Project Requirements 3000-11 (see Section 4000) to be submitted weekly showing the location, day of week, and time of day that each system that is tested. Any changes shall be submitted for approval prior to enactment. Failure to operate the Maxicom controller for regular irrigation schedules will result in a deficiency. 3. All systems shall be adjusted in order to: a. Provide adequate coverage of all landscape areas b. Prevent excessive runoff and/or erosion C. Prevent watering roadways, facilities such as tennis, basketball or handball courts, walkways, trails, fences, and private property d. Match evapotranspiration rates e. Limit hazardous conditions 4. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken. b. 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 backf low 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 Maxicom', 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. Specific Project Requirements 3000-12 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. e. All replacements shall be with original type and model materials unless a substitute is approved by the City representative. f. Contractor shall maintain an adequate stock of medium and high usage items for repair of the irrigation system. g. Contractor shall implement repairs in accordance with all effective warrants and no separate payment will be made for repairs on equipment covered by warranty. h. Contractor shall pay for all excessive -utility usage due to failure to repair malfunctions on a timely basis for unauthorized increases in the frequency of irrigation. Contractor will also be responsible to pay for additional costs for water bills that are within their control and not rated as "Efficient" or Excellent." In situations of backflow theft, vandalism, broken mainlines, or City events that require additional water, the contractor will not be responsible for the difference. Costs to be deducted from payments will be presented to the Contractor by the City. i. The City will do spot inspections to check the efficiency of the Contractor's water management. If discrepancies are found, the Contractor will have twenty-four (24) consecutive hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this contract. Specific Project Requirements 3000-13 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 Park Maintenance Service Yard at the established hours. k. Upon request by the Golf & Parks Manager, the Contractor shall return all sprinkler parts, control valves, and valve parts that have been replaced due to damage or malfunction to the City's Maintenance Yard. 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 Park Maintenance Service Yard for repairs, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the City, will be installed by the Contractor until the permanent controller can be repaired. p. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge. q. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned -off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The City will notify the Contractor when the sprinkler system controllers are to be turned back on. (For notification after work hours or on weekends, call the City Golf/Parks Manager (760) 250-2043. r. The Contractor shall be held responsible for damage done to sprinkler heads, landscape lighting and valves due to careless operation of vehicles and lawn mowers. S. Personnel 1. The Contractor shall provide personnel Certified in all phases of Maxicom2 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 Specific Project Requirements 3000-14 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. G. The total cost of materials shall include the following: -Wholesale cost (retail costs minus Contractor's discount, as stated above. -Applicable sales tax. -A markup of 15% maximum for all overhead costs and profits. 5. All materials are to be new and identical to existing materials, unless directed otherwise by the City representative. u: Invoicing 1. Since all labor costs are to be included in the contract amount, emergency call -outs after working hours will be considered extra work compensation. This type of work shall be defined as "extra work." 2. Irrigation Repair Invoices shall be organized according to park location and submitted on a weekly basis. V. Water Management Specific Project Requirements 3000-15 1. All systems shall be programmed daily, weekly, and/or as needed to maintain healthy plant material and landscape. 2. Program changes may be required to be recorded on the Irrigation Management Form. See section 8000 Forms. 3. Water meter reading for each system may be provided to Contractor upon request. I 4. Contractor will be subject to a deficiency for any meter billed as "Inefficient" or higher due to Contractors neglect. In situations of backflow theft, vandalism, broken mainlines, or City events that require additional water, the contractor will not be billed. 5.0 WEED CONTROL OF PAVED SURFACES Contractor shall be responsible for controlling weeds by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City landscape. 6.0 GUARANTEE AND/OR REPLACEMENT POLICY All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor, if it is determined by the City representative; 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 when soil condition is poor, top dress may be required. Use core aeration with 3/8" to 3/4" tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition at no extra cost to the City. Removal of cores may be required. 3. Mowing: Mow, trim, and edge parks 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 Specific Project Requirements 3000-16 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. 4. Trimming and Edging: Trim around walls, buildings, curbs, header boards, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance. Chemically edge around trees, within an 8" radius from the trunk, using care not to damage tree, trunk, or roots. 5. Renovation: Renovate all turf areas (especially sports fields) once per year at a time when there will be the least amount of stress to turf. Renovations will be in accordance with the following methods: Step 1. Aerify entire area with an aerifier with 3/8" to 3/4" tines x 3" deep. Top dress sports fields may be required for an additional cost. Step 2. Verticut entire area using a verticutter set to soil line contact. Verticut twice in parallel directions, or as directed. Pick up debris at completion of this operation. Turf vacuum/power rakes shall be utilized as needed. Step 3. Mow with rotary or reel mower as directed, -at regular cutting height. B. Refurbishment of Turf grass Turf areas that thin out due to shading effect of trees, structures, and foot traffic will be reseeded with an approved grass seed to restore thinning areas. Coordinate with City representative. C. Winter Over -seeding Winter over -seeding will only occur at the Civic Center Campus, Fritz Burns Park, La Quinta Park picnic area, and the dog parks. 1. The over -seeding shall comply with PM- 10 requirements. The Bermuda grass will be lowered in two stages by mowing with sharp mowers. This process will be done until grass height is less than %z". After the Bermuda grass is lowered, the entire area will be vacuumed. Seed with rye grass at the rate of 15 Ibs per 1000 square feet or as approved by the City Inspector. 2. Fertilize Bermuda grass areas after over -seeding. Broadcast fertilizer at the product recommended rate. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas. 3. Follow CVAG recommended over -seeding procedures ("Smart Scalping"). 4. Cultivate base and aerate compacted area thoroughly. Where substantial but thin turf remains, rake, aerate if compacted, and cultivate soil. Specific Project Requirements 3000-17 5. Remove diseased or unsatisfactory turf areas. Remove and do not bury into soil. Remove top soil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc. 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 ry_9rass will be completely established by November 1. 10. Due to the schedules of the organized sports, annual winter over -seeding will not be performed on the sports fields. D. Weed Control Contractor shall maintain a weed -free turf at all times by chemical and/or mechanical means. Pre -emergent herbicide applications shall be required to control annual grasses in all turf areas. The Contractor shall be especially careful if applying chemicals to control weeds because of possible damage to the turf. Before such applications are made, the turf should be well established and in vigorous condition. All chemicals applied will be recorded and coordinated with the City representative. E. String Trimmers Care shall be exercised with regard to the use of motorized line trimmers (i.e. weed eaters) to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. No weed eaters shall be used around trees or wooden park signs not equipped with arbor guards. An 8" bare soil buffer zone shall be maintained around the circumference at the base of all trees (Trees damaged by Contractor's operations will be replaced at Contractor's expense). 8.0 FACILITY MAINTENANCE A. Specialty/Sports Areas 1. General (applies to all parks and civic facilities within the landscape maintenance areas) _ a. All animal feces or other materials detrimental to human health shall be removed from the areas daily. b. All broken glass and sharp objects shall be removed daily. c. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Specific Project Requirements 3000-18 d. All tot lot areas shall be raked to remove leaves and debris daily. Surface shall be leveled under the swings and slides daily. 2. Sand/Wood Safety Surfaces a. These areas shall include tot lots, play areas, volleyball courts, etc. b. All areas shall be maintained weed free. C. Compacted sand areas shall be rotor -tilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rotor -tilling, all areas shall be raked level. d. Fill material shall be replenished as necessary to maintain optimum level in each area, generally six (6) inches below the top of the concrete curbing but dependent upon play equipment footing and final level shall be determined by the City representative for each area e. Each week, all sand areas shall be raked level and kept free of any foreign debris. Sidewalks adjacent to tot lots shall be swept daily. f. In the event of inclement weather if at anytime the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately. 3. Hard Surface Areas: a. These areas shall include concrete sidewalks, tennis courts, handball courts, skate courts, basketball courts, bicycle trails, A.C. walkways, etc. b. All areas shall be swept weekly to remove all deposits of silt and/or sand and glass. C. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. d. Cracks and crevices shall be kept free of weeds at all times. e. All areas shall be pressure washed weekly to remove food, beverages, and gum from the surface areas. Concession, party areas, and dog parks may require additional washing as needed at no additional expense. B. General Facility Operations 1. All drinking fountains including dog parks and trails shall be kept clean and operational at all times. a. Minor repairs to include but not limited to unclogging drains, replacing damaged or broken parts shall be included in the contract price. specific Project Requirements 3000-19 b. All repairs shall be completed within twenty-four (24) hours after damage occurs. c. Every instance of damage shall be reported to the City representative. d. Should damage be repetitive, the City representative will evaluate replacement with a more damage resistant model through extra work or separate action. 2. All sidewalks within the City areas shall be swept or cleaned daily, if necessary, to remove any glass or heavy debris. In addition, all sidewalk areas shall be thoroughly cleaned once every week by sweeping. 3. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 4. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off -site. 5. Trash cans provided by City shall be emptied daily and washed after emptying (when necessary) to be determined by the City Inspector. Transfer collected recyclable materials appropriately to divert from landfills. Contractor shall provide plastic liners for all trashcans at Contractor's expense. 6. All concrete bench drains and other surface drains to include the portion under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. 7. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City representative. 8. All barbecue grills shall be emptied of all ashes weekly. 8.1 Landfill Diversion Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green wastes shall be diverted from County Landfill to an approved reclamation site and processed for recycling. Contractor shall submit a Landfill Diversion Report (see Section 8000 Forms and Reports), upon request to the City. Specific Project Requirements 3000-20 SECTION 5000 FERTILIZATION SCHEDULE FREQUENCY SOURCE TURF: No less than 2x/yr Commercial Fertilizer No less than 2x/yr Commercial Fertilizer GROUND COVER/SHRUBS/SLOPES: No less than 2x/yr Commercial Fertilizer TIME OF YEAR Winter (November 1 - end of March) Summer (May 15 - end of September) February - October 15 Note: Avoid fertilization between October 15 and end of January. TREES: Trees shall be fertilized and aerated in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition. Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analysis by independent soils laboratory. Fertilization Schedule 5000-1 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 INIa 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 broadspectrum pre -emergence herbicide registered for target weed species. Check label to be sure the chemical is safe for use on the ornamental species in the area. i. Growing weeds shall be removed by any method before a pre -emergence herbicide is applied. C. Prune all plants overgrowing boundaries. One situation is vegetation -impeding traffic both horizontally and vertically. D. Pruning of the following shall be for size and shape control: Raphiolepis shrubs, remove terminals of dead flower and fruits; Lantana in early March; Hibiscus after frost and before new shoots; Acacia after flowering; cuts must be at a leafy bud. Naked stubs die back. Remove flush at origin; unlisted species as specified by the City. E. A broad-spectrum pre -emergence type herbicide may be applied for the prevention of weed seed germination in turf grasses and ornamentals. i. Apply only in areas that had seeding of weeds the previous year. ii. The herbicide must be registered for use on turf grasses, ornamental plants, and weeds to be treated. Periodic Services 6000-1 F. In April, fertilize all turf areas. i. Match fertilizer to soil and plant needs as determined by soil analysis. ii. Immediately following distribution of chemicals, irrigate without flooding turf. G. Any plant that does not produce new leaves before April 15, or new leaves at stem terminals that are yellow between veins, shall be treated as follows: evenly apply soil sulphur on soil under foliage at the label recommended rate. Apply a chelate ferrous compound on soil under foliage at rate on product label. An injection kit shall be provided by Contractor for trees with chlorotic or sparse foliage. Prevent stains by washing iron off hard surfaces. 3.0 Services Due June through Au ust A. Remove grass weeds in all turf grasses with the proper selective post -emergence herbicide. Look for and eradicate any crabgrass, dallisgrass, goosegrass, kikuyugrass, etc. Contractor shall determine which herbicides shall be used and communicate to the City before application. B. Prune all plants, overgrowing boundaries. Provide for clearance of traffic. C. Pruning of the following shall be for size, shape, and control as needed: Baccharis - dead growth and plants; Daylily, Lily -of -the -Nile, dead flower stems; Diets for dead clumps and competitive invasion of neighbors; Myoporum and Meleleuca, Rosemary, Pittosporum, and Xylosma shrubs, if fruiting, remove; Unlisted species as specified by the City. D. In all turf, small and enlarging patches of dying grass shall be treated for damaged cause by pests eating roots or basal stems. i. If injured turf can be lifted like a piece of carpet, white or grey colored grubs will be seen on soil. Treat surrounding area with an insecticide registered for grubs or billbug larvae. ii. If there are no grubs, then Chinch bugs may be the cause. Shake turf bottom side up over a newspaper. Tiny, black, and excited bugs will be seen. Treat area with an approved insecticide labeled for Chinch Bugs. 4.0 Services Due September through November A. Prune all plants overgrowing edges. Prune for traffic clearance in height. B. Pruning of the following shall be for size and shape control. A need will be clarified by City Inspector where there is doubt. The reference for need is in the Training and Pruning Quality Standards in Section 7000: Ficus & Rhus, in September before winds; Callistemom; Natal Plum; Oleander; Star Jasmine; Grevillea Trees; Unlisted species as specified by the City. C. All non -sports areas of Bermuda grass shall be winter over -seeded. D. Fertilize all winter grass turf areas. 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. 1. Remove flower stems to point of origin. 2. Remove branches growing beyond perimeter of foliage. It is an outline of a plant's shape. Cuts shall be inside of outer foliage, and flush with branch of origin. Leave no butts or stubs. Do not trim off all foliage on one plane with hedge shears. Shearing is only for hedges, after thinning out big, long shoots. 3. Prune to retain natural shape of plant, shape vary according to plant species. Some are wider than tall like Tam or Pfitzer junipers. Some are upright like Xylosma and Photinia. There shall be no flat, square tops or unnatural forms. 4. Use of powered hedge trimmers is not allowed except for ornamental grasses and designated hedges. B. Prune trees to maintain their characteristic shape, density, and texture. The natural appearance is an open, light textured perimeter or new foliage. The greatest density is in the interior and lower half. The center of gravity, or location of mass, is close to the center and close to the ground. This distribution fits a tree to withstand strong winds. Do not thin or "lace out" dense foliage except the outside branches. This is defoliation. Roots could die and create a weak tree that may die or blow over. C. Prune out branches extending beyond the shape (foliage perimeter) of a tree. Prune to control size and shape. Bare scaffold branches with foliage only at ends will break in wind. 1. Cuts shall be inside perimeter of foliage almost flush with a parent branch. No butts or stubs are permitted. Old stubs with an outgrowth of multiple shoots shall be removed. D. Prune off lower branches high enough for traffic clearance. E. Cut out dead, crossing, and rubbing branches. F. Undercut branches over 2" in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn, or ripped branches shall be re -cut cleanly. G. An exposed wound, as where a branch was removed, shall remain exposed. Do not paint or apply any substance on a wound. It heals faster, with less disease, than a covered wound. H. Trees close together shall be separated by removal of intermingling branches. The exception is a large hedge or windbreak consisting of one species. 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. Pruning and Training Quality Standards 7000-1 Ties and wires shall always be tight and in place between stakes or tree trunk. 2. Loosen ties that are so tight they are almost starting to girdle a branch or trunk. 3. An immoveable trunk in wet soil is an indication it can stand without support. Therefore the stakes and wires should be removed for the tree to support itself. 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. Such reports must be detailed and thorough and may include but not be limited to the following: A. Suggestions for improving problem areas. B. Reports of work planned. C. Cost information to perform extra work for upgrading specific areas. D. Pesticide Use Reports. E. Landfill Diversion Reports (Form 2). F. Weekly Maintenance Schedule(s). When requested by the City representative, Contractor shall provide a weekly landscape maintenance schedule and/or weekly irrigation maintenance schedule (Form 3). G. Manpower Projection (Form 4). Reports and Schedules 8000-1 FORM 1 CITY OF LA QUINTA PERFORMANCE DEFICIENCY DEDUCTION Notification to: Date: Time: Method: The following performance deficiency (ies) has been observed and requires immediate attention to correct. Location/Description : Value of Deduction: $ City representative to check deficient items and comment (if applicable) below. 1. Lack of compliance to Specifications. $100 per incident per day. 2. Failure to provide adequate equipment. $100 per incident per day. 3. Failure to protect public health and/or correct safety concerns. $100 per occurrence. 4. Failure to comply with water restrictions. $100 per occurrence. 5. Major irrigation deficiencies not corrected in time frame. $100 per occurrence. 6. Failure to provide requested reports and schedules (Section 8000). $100 per occurrence. 7. Failure to provide requested. Landfill Diversion Report forms. $100' per occurrence. 8. Other Please initiate the necessary corrective action(s) and notify the City when complete for re - inspection. Golf, Parks, & Facilities Manager Public Works Director Reports and Schedules 8000-2 FORM 2 L) CITY OF LA QUINTA LANDFILL DIVERSION REPORT FORM DATE: SOURCE (LANDSCAPE MAINTENANCE AREA): MATERIAL TYPE HERBACIOUS SEMI-HERBACIOUS HARDWOOD GROSS WEIGHT (Tons): DIVERSION SITE (Co. Name): DIVERSION SITE ADDRESS: WASTE BI-PRODUCT MULCH SOIL CONDITIONER OTHER BI-PRODUCT VOLUME/WEIGHT: (If Known) Reports and Schedules 8000-3 FORM 3 CITY OF LA QUINTA WEEKLY MAINTENANCE SCHEDULE Landscape Maintenance Area (Location) Day of Week Equipment and Material Used Number of Personnel 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 8000-4